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Agenda 1999 06-07AGENDA ~: June 7,1999 6:30 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Courtroom 317, New Hanover County Judicial Building 316 Princess Street Wilmington, NC WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREER VICE-CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. :35 p.m. 1. Presentation of John M. Dolan Volunteer Firefighter of the Year Award 1 6:40 p.m. 2. Presentation of Certificate of Achievement for Excellence in Financial Reporting 3 6:45 p.m. 3. Consideration of Resolution Recognizing 120 Years of Public Health 5 Public Hearings: 6:50 p.m. 4. Public Hearin- to Review Recommended Funding with Several County 7 Departments and Organizations on the FY 1999-2000 Recommended Budget 8:15p.m. ' S. Public Hearin;? - on Mason's Inlet Relocation Project 9 8:35 p.m. 6. Public Hearing - to Consider the 1999-2000 Secondary Road Construction 19 Program for New Hanover County 8:SO p.m. 7. Public Hearing - Plannin Itg_ ems: Item 1: Special Use Permit - Request by TFT & Company, Inc., to 27 construct a 21 slip community boating facility to serve Loder Landing, a 28 lot . development located on the north side of Loder Avenue (5-440, 5/99), 9:00 p.m. Item 2: Rezoning -Request by Samuel Grady, et al, to rezone 1.8 acres located 39 ~~ in the northwest corner of Juvenile Service Road and Blue Clay Road to $-15 Residential from I-2 Heavy Industrial (Z-658, 5/99) ' 9:10 p.m. Item 3: Rezoning -Request by Scott Stewart to rezone 21.5 l acres located in 41 3100 block of Middle Sound Loop Road to R-15 Residential from R-20 ' . Residential (Z-659, 5/99) 9:20 p.m. Item 4: Subdivision Appeal -Request by David Barefoot for buyers, Brokers 53 & Consultants to appeal decision by Planning Staff to deny approval of a minor Subdivision located off Gardner Drive near the Wilmington International Airport (SA-15, 12/98) 9:30 p.m. Item 5: Zoning & Subdivision Text Amendment (Continued Item) -Request by 61 the Army Corps of Engineers to approve amendments requiring the delineation of Federal jurisdictional wetlands on all preliminary subdivision site plans. 9:40 p.m. 8. Consideration of Selection of Engineering Firm for the Design of Mason's ~ 67 Inlet Relocation Project ~ . 9:50 p.m. 9. Consideration of Pledge for Institute of Government Expansion Project 69 10:00 ~p.m. 10. Letter from City of Wilmington Mayor Hamilton Hicks 77 10:1 S p.m. 11. Meeting of Water and' Sewer District ~ , ~ 83 ADDITIONAL ITEMS County Commissioners County Attorney County Manager 10:45 p.m. ADJOURN MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING 316 PRINCESS STREET June 7, 1999 6:30 p.m. ITEMS OF BUSINESS PAGE NO. 1. NON-AGENDA ITEMS (limit three minutes) 83 2. Approval of Minutes gs 3. Consideration of Request for Acceptance of Water Distribution System 87 North County Square 4. Consideration of Reimbursement for Oversizing Water Line West Bay- 89 Murrayville System 5. Consideration in Cost of Sewer Line Construction 91 6. Consideration of Resolution that New Hanover County will receive no raw 93 Sewage, no form of wastewater from any source located outside the established boundaries of New Hanover County r~ ADJOURN • CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS June 7,1999 ' ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Office of Juvenile Justice (OJJ) Funding Recommendations, FY 99-00 3. Approval of Governor's Crime Commission Grant from Communities That Care 4. Acceptance of Disaster Grant Funds from division of Aging and,Title IV 5. Approval of additional $900 reimbursement for emergency dune restoration to The Town of Carolina Beach 6. Adoption of Resolution to request the addition of roads in .Turtle Hall Harbour Subdivision to the State System 7. Approval of Library Advisory Board Bylaws 8. Approval of Budget Amendments 8.1 #99-41 for Northeast Branch Library Capital Project ' 8.2 #99-42 for Federal Forfeited property Capital Project 8.3 #99-0163 for Aging/Senior Center 8.4 #99-0181 for Social Services/Child Day Care PAGE NO. 97. 99 103 109 115 117 121 1.27 128 129 130 r,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 1 Estimated Time: Page Number: Department:. Fire Services Presenter: P. Kouwe Contact: P. Kouwe SUBJECT: Presentation of John M. Dolan Volunteer Firefighter of the Year Award BRIEF SUMMARY: Presentation of annual award. This year's recipient was selected by a civilian committee from nominees received from the volunteer fire departments. Presentation will include a plaque and award jacket to the recipient. RECOMMENDED MOTION AND REQUESTED ACTIONS: Board presentation only FUNDING SOURCE: ATTACHMENTS: • ITEM DOES NOT REQUIRE REVIEW Present • MENTS AND RECOMMENDATIONS: ONS/CO COUNTY COMrMISSlONER$ ~ APPROVED ^ REJECTED ^ REMOVED p POSTPONED Q HEARD ( p DATE . ~',I~'~I-~I-~---~ ~. ' [This page intentionally left blank] 2 (~:'n'-yJbx~ tY ~, .,s ~ryry~~.ll~~.el~~~ ~.~ ~~~~ ~~~~~ ` ~ ~'~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting Date: 06/07/99 Regular Item #: 2 Estimated Time: Page Number: • Department: County Manager Contact: Allen O'Neal Presenter: Chairman Caster SUBJECT: Presentation of Certificate of Achievement for Excellence in Financial Reporting BRIEF SUMMARY: This is the 18th year the Finance Department has received this award RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MAN/ Make presentati ECOMMENDATIONS: NTS: • COUNTY COMMISSIONERS AP~°FOVED ^ REJECTED REMOVE p 1 P,o PONED ~ HEAR ~ ~~` ^ 'DATE ~_ ..,.. ~~~.-. [This page intentionally .left blank] ~,~~ ,p ~~~~h ~~ n~,~ ,,,~s~~ E~,±y 4 ~ ~~~e~l;~~ ~~~~~"~~ a ~ ., r~ C~ ~S~c~,.~~9 ~l~~~J NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION :~ Meeting Date: 06/07/99 Regular Item #: 3 Estimated Time: Page Number: Department: Health Presenter: Dave Rice Contact: Dave Rice SUBJECT: Resolution Recognizing 120 Years of Public Health BRIEF SUMMARY: In 1879, the first Board of Health was established in New Hanover County. On June 14, we will celebrate 120 years of protecting and promoting a healthy community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve .Resolution FUNDING SOURCE: ATTACHMENTS: Resolution ,- REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGE COMMENTS AND RECOMMENDATIONS: Adopt Resolution. COMMISSIONER IONS/COMMENTS: COUNTY COMMIS IONERS APPROVED C RG~CTED ~ REMOVED O POSTPONED O HEARD Ipp n DATE ~1..1.I~~ - RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the North Carolina State Board of Health was created by an Act of the Legislature , in 1877 and Dr. Thomas Fanning wood of Wilmington its first Secretary, arid; WHEREAS, the New Hanover Board of Health was formed June 14, 1879 with Col. William~L: Smith its first Chairman, and: ,, WHEREAS, the Committees on Drainage and Water Supply, Epidemics, Sanitary Condition of Public Buildings and Public Nuisances were established by the New~Hanover County Board of Health, and; WHEREAS, since its formation, the New Hanover County Board of Health now has as its mission, the protection of the public health and environment, promotion of healthy living and optimization of the quality of life through preventive, restorative, environmental and educational services, and; NOW, THEREFORE BE IT RESOLVED, that the Ne~v Hanover County Board of Commissioners does hereby congratulate the oldest Board of Health in the State of North Carolina on its 120" anniversary, and encourages New Hanover County citizens to make use of the services offered by Health Department staff. Adopted this, the 7`" day of June; 1999. New Hanover County Board of Commissioners [ATTEST] William A. Caster, Chairman Lucie ~H a~~~sl' Cl~~ ~o,the; Board ~~~~: .~ ~ t~~~'w ~; ~. ~' "iJiE~~~ ~Ml'7~V. ]1J ~~~ .. ~k ~N~ f~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 4 Estimated Time: Page Number:,, Department: Governing Body Presenter: Chairman Caster Contact: Allen O'Neal, County Manager SUBJECT: Review recommended funding with several County departments and other organizations and hold public hearing on the FY1999-2000 recommended budget. BRIEF SUMMARY: Beginning at 6:45 p.m. on June 7, 1999, the Board of Commissioners will review FY1999-2000 recommended funding with several County departments and other organizations (schedule attached). The schedule is for those agencies that have historically appeared before the Board. A public hearing will be held at 8:00 p.m. to receive public comments on the FY1999-2000 recommended budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Begin at 6:45 p.m. on June 7, 1999, to review FY1999-2000 recommended funding with several County departments and other organizations. Hold a public hearing at 8:00 p.m. to receive public comments on the FY1999-2000 recommended budget. FUNDING SOURCE: ATTACHMENTS: ~__~ ,:- Rec Public Hearing Special Six Sch REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve COUNTY MANAGER'S COMMENTS AND RECOMM Recommend hearing and consider request for funding. COMMISSIONERS' ACTIONSICOMMENTS: HUMAN RESOURCES: N/A CC- ~~!TY COMMISSIONERS R~.i~CTED ^ Rc JiOVED p POSTPONED HEARDr_ ( G~ DATE ~~_(~~ 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS . FISCAL YEAR 1999-2000 BUDGET MEETING MONDAY, JUNE 7, 1999 COURTROOM 317, NEW HANOVER COUNTY JUDICIAL BUILDING, 316 PRINCESS STREET (THE CORNER OF FOURTH AND PRINCESS STREETS), WILMINGTON, NORTH CAROLINA TIME ~ AGENCY ' 6:45 P.M. NEW HANOVER COUNTY SCHOOLS ' 7:00 P.M. DEPARTMENT OF SOCIAL SERVICES 7:10 P.M. HEALTH DEPARTMENT 7:20 P.M. SHERIFF'S DEPARTMENT 7:30 P.M. SOUTHEASTERN CENTER 7:40 P.M. CAPE FEAR COMMUNITY COLLEGE 8:00 P.M. PUBLIC HEARING ON FY 1999-2000 RECOMMENDED BUDGET 8 ~~ ,~~ „+ ~.` ' ~' . r..: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 5 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Public Hearing'on Mason's Inlet Relocation Project BRIEF SUMMARY: On May 17, 1999, the Board of Commissioners adopted a preliminary assessment resolution providing for a beach erosion control project to relocate Mason's Inlet approximately 3000 ft. north of its present location, and to use the excavated sand to close the existing inlet and to renourish the beaches of Figure Eight Island. G.S. 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to any matter covered by the preliminary assessment resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and adopt final assessment resolution. FUNDING SOURCE: Room Occupancy Tax Fund ATTACHMENTS: Yes REVIEWED BY: LEGAL: FINANCE: BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMEND/ Conduct public hearing and consider final assessment resol COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMISSh~VERS APPROVED REJECTE ^ ^ • REM ': cD ^ y P .~TPON(ED O DATE D~ l~( ~~ (~ NEW HANOVER COUNTY INTER-OFFICE ....~.; \.\: titi~:l\\'~\\ \ .... . .. 4~ \\V\1\\l~ ~\ ~<~\i~~~ ~ \\i\\ ::\.l ~\':~~<';i:vv ii':J:j~~isi1~i\.~i:i'i~i\~~'~'~~\~'\\'~~~!J:~'vJi\~i':~i:::J:~:}i!~L.:i~?:~~iii i:~i:~'?itii:J.v:~:~L~ ~..... ME111® MEMORANDUM: TO: New Hanover County Commissioners (J FROM: Wanda nt Attorne `~ M. Copley, Cou y y RE: Mason's Inlet Relocation Project DATE: ~ June 7, 1999 On May 17, 1999, the Board of County Commissioners adopted the Preliminary Assessment Resolution for the Mason Inlet Relocation Project. On May 18, 1999 the Notice of the. Preliminary Assessment. Resolution and Public Hearing was published in the Star-News (see attached copy of Notice). The Tax Administrator has mailed a copy of the Preliminary Assessment Resolution to each owner whose property will be subject to the assessment (see attached copy of Tax Administrator's affidavit). G. S. 153A-92 requires that at the public hearing, the Board of Commissioners shall hear all interested persons who appear with respect to any matter covered by the Preliminary Assessment Resolution. After the public hearing, the Board may adopt a.final assessment resolution directing that the project be undertaken. A resolution for your consideration is included in the agenda. This resolution is almost identical to the .resolution adopted May 17'h, as the General Statutes state that if the percentage of cost to be assessed is different from the preliminary resolution or if the scope of the project is increased, a new preliminary resolution would have to be adopted and advertised. WMC/kc ` attachment cc:.County Manager ~TaX~A~d~rn'in'ist`rato"r? ~'` Clerk to Ethe EB'oa-rd~~~ ~ Bill Rane"''y, Esquire ~~ 1 O Susan McDa~~iel~Esquire >~ ~~~~~7~~~ ' ~ ~3"u ~~ ~, ~• 4~V•} STATE OF NORTIi CAROLINA, COUNTY OF NEW HANOVER NOTICE+OF'PRELIMlt4ARY?:+..~ ~ }~SSESSMFJJT'RESOLUTION?r,.; ;. ::AND.HEARING THEREON ~';.', - ~ ~ .~Ttie public will take nonce that a Pretiminary: Assessment Resdution prrnridng fora beach erosion control "project to relocate ~ Masons ~ Inlet e.p- pprowmately 3000'. north of its: present location; end;to"use'the excavated sand to dose the existing inlet and to nourish the beadres of Fgure Eight Island, was adopted by the. New Han-' over County Board of Commissioners on tt~e 17th day of May, 1999. The New Hanover County Board of Commissioners will hold a public hearing. at 6:30 p.m. on the 7th day of June, 1999, at COURTROOM 317, NEW HANOVER COUNTY JU- DICIAL BUILDING, 316 PRINCESS STREET, WILMINGTON, NORTH CAROLINA26407, forthe purpose of hearing ali Interested persons. `Robert C.:Glasgow. -- Tax Administrator `' New Hanover Courrtv AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, JULIE JONES who, being duly sworn or affirmed, according to.the.law, says that he/she is CLASSIFIED~ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington PRELIlffNARY ASSESSMENT RESOLUTION PROVIDING FOR A BEACH EROSION was inserted in the aforesaid newspaper in space, and on dates as follows: 5/18/99 ;~324i3~fi?>~`iitiit and at the time of such publication Wilmington Stzr-News was a newspaper meeting all the requirements and qualifications prescribed by Scc. No. 1-597 G.S. of N.C. ~ ~ -'yam o Title '" CLASS ADV MGR 20t Sworn or affirmed to, and subscribed before me, this h day of MAY , A.D., 19 99 [n Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and .,_.,. ar,..e..,;a Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Coutt that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). This day of 19 _ MAIL T0: Clerk of Superior Court 11 My commission expires 21St day of `~E 1999 CERTIFICATE OF MAILING OF' PRELIMINARY ASSESSMENT RESOLUTIONS TO THE CHAIRMAN AND MEMBERS OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY. I, Robert C. Glasgow, Tax Administrator, New Hanover County, do hereby certify that copies of the Preliminary Assessment Resolution providing for a proposed beach renourishment project to relocate Mason's Inlet approximately 3000' north of its present location, and to use the excavated sand to close the existing inlet and to renourish the beaches of Figure Eight Island, adopted on the 17`h day of May, 1999, were mailed by first-class mail on the 26"' day of May, 1999, to the owners of all real property subject to assessment should the project be undertaken, to wit: attached hereto as Exhibit "A". IN WITNESS .WHEREOF, I have hereunto set my hand and affixed the seal of the County w a ver this 26`" da of Ma 1999. of Ne H no y ~, obert C. Glasgo Tax Administrator New Hanover County 12 ~ • FINAL ASSESSMENT RESOLUTION MASON INLET~RELOCATION PROJECT WHEREAS, the Board of Commissioners. of the County of New Hanover has determined that it-is in the best interest of the. County to sponsor a beach erosion control project and that in order.to construct such .a project it ,is necessary to assess all of the -costs thereof upon the -real property benefitted thereby; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the"County of New Hanover, North~Carolina, that: 1. It is ,intended that a beach erosion control- project be constructed by relocation of Mason Inlet to a point approximately 3,000 feet north of its present location. The sand excavated .from the newly dredged channel will be used to . close the existing inlet and to provide beach nourishment to the.beaches,of Figure Eight Island. Amore detailed project description is attached hereto -, as Exhibit "A" and incorporated herein by reference. 2. One hundred percent of the net cost of the project shall be assessed against the benefitted properties. '3. The basis for .the assessment against the benefitted properties on Figure Eight Island and the. benefitted properties on Wrightsville Beach differ due to the differing nature of the benefits of the project on each side of Mason -Inlet. The total cost allocated to the benefitted properties north of the inlet will be $5.50 per net cubic yard of sand. - placed on the Figure Eight Island ocean beach. The balance of the, project cost will be allocated to benefitted properties lying south of Mason Inlet. Wrightsville Beach assessment basis. The benefitted , properties on Wrightsville Beach are those properties on the tax: assessment roll attached hereto as Exhibit "B". The basis for the assessment will be the value of the land without improvements as shown on the tax records of the County and the frontage abutting on the shoreline protected ~~ or benefitted by the project at an equal rate per foot of frontage. Benefit zones will be established in accordance with C.S.. 153A-186 (c) based on the distance of the benefitted . land from Mason Inlet and other relevant factors. Figure Eight Island assessment'-basis. All of the residential lots on Figure Eight Island are considered benefitted properties. The lots will be assessed on a combination of two bases. The ocean/inlet front lots from Lot 182 Beach Road South'to•552•Beach Road Nbrth (222 -lots) will be assessed 'based- on the fr.ontage~ abutting the shoreline . at an equal' rate per -foot -of -frontage "as shown .. on -the . recorded subdivision maps or the recorded deeds if- no. recorded map exists. The ocean/inlet front hots will be assessed 56.60 of the total Figure Eight allocation. The _. remaining 341 lots on Figure Eight Island wll'.be assessed on the basis of~ area of land in the lot-as.shown on. the County tax records at an equal rate per unit of area. The 341 lots will be~assessed 43.4% of-the total Figure Eight allocation. 4 . The assessments herein- provided for shall be payable in cash, or if any property owner shall so elect;-he shall have the .option of~ paying the •. assessment 'in three equal annual installments, said installments to bear interest at the rate of ?o per annum. - 1999 - - June - of 7th d Ad t d thi . - .. , . - ay op e s NEW HANOVER COUNTY (SEAL) • • By. .. ~.. William A.'Caster,-.Chairman . ~ ~ Board of Commissioners: -. ATTEST: Clerk to-the Board .. . .. 14 ..- - . . - 1 2 •/ .1 ~~~~~~0 Mason's Inlet Relocation A project will be initiated to relocate the inlet approximately 3,000 feet north of its present location. To accomplish this,. a new channel would be excavated; extending the Mason Creek alignment straight across the sand spit peninsula that has extended southward from the southern end of Figure Eight Island. This new channel would be dimensioned to insure equal or greater hydraulic capacity than the existing inlet cross-section in its present location to the south. To be functional and effective, when the "new" inlet is opened,. the existing inlet area would be choked off or "plugged" to direct alt tidal flows through the newly created inlet. Mason Creek (which is shoaled and essentially closed) will be dredged in order to enhance the hydraulic flow characteristics throughout the ICCWW-Middle Sound estuarine area. It should be noted here that within the past few years, not only Mason Creek but almost all of the connecting tidal creeks in the estuary have experienced significant shoaling, adversely affecting overall water circulation, covering wetland habitat and living biological resources, interfering with navigation and recreational use of the estuary. Shoaled areas behind the. proposed new inlet channel will be dredged periodically, and function as a sediment or sand trap to prevent/minimize the future siltation of Mason Creek. As material is excavated from locations described above, portions of it will be temporarily stockpiled at the south end of the sand spit, and on high ground near the north end of the Shell Island Resort properties and North Lumina Avenue. If additional storage area is required, additional sand will be stored on a portion of the wide natural beach in front of the resort property. When the above described work is completed and. overall weather conditions are considered to be optimum, the temporary stockpiled sand materials will be pushed into the existing (old) inlet during low tide conditions to stop all flows through fhe inlet so that all tidal furictioning will be forced through the new inlet. When hormal closure of the inlet has been accomplished, the fill section will be further built up and widened. _ Closure wi11'be accomplished by utilizing a rapid mechanical sand moving effort. Sufficient equipment will be employed to bridge the inlet span in as little time as possible. Therefore, every effort will be made to close the inlet quickly. At the same time that the "closure" operations begin, the ocean end plug of the new inlet channel across the sand spit will be excava#ed and tidal flows will be initiated through this new channel. This old inlet "plug" wit! be constructed to be substantial enough to withstand tidal flows (until they are redirected) and/or normal sea wave actions that might reach the, seaward. toe of the fill during the closure operation. This old .inlet sand barrier will extend entirely across the old inlet area from its southernmost end- (Shell Island bluff area) northward to a point to intersect the Figure 8 Island dune features. ' It is expected that this newly dredged channel will quickly adjust and "shallow-up" through natural processes until it reaches an equilibrium. state approximating the dimension of the old inlet. The existing ebb tide delta at the seaward 'end of the present inlet will. slowly be forced southward by natural littoral drift forces until it "welds" to the existing Shell Island beach area. 15 99164aMIReloc051899 All channel and shoal excavation~proposed in the project will be accomplished by hydraulic pipeline dredge. It is anticipated that all work on high ground wi(I be accomplished by bu{Idozers and/or front end bucket loaders. The new inlet position will.be located within a 1,000' wide easement through land, .which is above mean .high. water. This easement, across the spit~:on the southern end of the. Figure Eight Island will be an area designated ~ for inlet relocation and inlet maintenance to preserve the.~fiydraulic flows and depth desired for coastal marsh flushing, and recreational navigation. Materialsremoved from the inlet and sediment basin during maintenance will ~be utilized for futurebeach renourishmenf as required by either Figure Eight Island or Wrightsville Beach. During inlet maintenance, materials will be dredged from a cross section approximating the initial channel cut,in a position within..the easement opposite the direction. of inlet migration. No filling' or structures are proposed along either side of the relocated inlet. \~ -. ~, ,. 16 99164aMIReloc051899 ~~ h ~N,~i~ • Wrightsville Beach Properties ount Parcel ID Number EJ1N Lumina roperty Owner and Use in Number Northern Property Limit Distance From Inlet Properties Located East of Lumina Drive 1 RO-5218-002-001-000 E Town of Wrightsville Bch Govemment 1353 0 2 RO-5218-002-002-000 E Shell Island Resort Hotel/Commercial 2153 0 3 RO-5218-002-003-000 E Town of Wrightsville Beach Govemmen 9774 691 4 RO-5218-002-023-000 E Bryant, Frederick Private Individual 9675 761 5 RO-5218-002-005-000 E Andrews, Michael Private Individual 8792* (75) 761 6 , RO-5218-002-022-000 E Holman, Larry - Private Individual 9567 836 7 RO-5218-002-006-000 E North Shell Island Developme Commercial 8655'(74) 836 B RD-5218-002-D20-000 E Slagle, Gene Private Individual 952D 910 9 RO-5218-002-007-000 E Slagle, Gene .Private Individual 852T(70) 910 10 RO-5218-002-019-000 E Miles, David Private Individual 8483 + 7488 980 11 RO-5218-002-018-000 E Garrity,. Norman- Private Individual 8345 1069 12 RO-5218--002-009-000 E Garrity, Norman Private Individual 7338*(83} 1069 13 RO-5218-002-017-000 E Kempf, Donald Private Individual 7288 1152 14 RO-5218-002-016-000 E Neukranz, Don Private Individual 7251 1235 15 RO-5218-002-010-000 E Kane, Robert Private Individual 6370'(98) 1235 16 RO-5218-002-015-000 E Woronoff, Robert Private Individual 7i 14 1321 17 RD-5218-002-011-0D0 E 5weyer, David Private individual 6213*(75} 1321 18 RO-5218-002-014-000 E Godwin, Judy Private Individual 6056 1410, 19 RO-5218-002-013-000 E Godwin, James . Private Individual 5183'(120 4510 20 RO-5218-002-012-000 E Godwin, James Private Individual 5138'(120) 1510 21 Access Strip/Easement Govemment No # 1630 22 RO-5806-001-002-000 E Parmele Assoaation Condominiums 5927 1640 23 RO-5806-001-001-200 E First Washington Corp Condominiums 4821 1830 24 RO-5806-001-001-400 E First Washington Corp Condominiums 2559 2030 25 RO-5806-001-0Ot-100 E Firsf Washington Corp Condominiums 1301 2350 26 RO-5805-003-073-400 E First Washington corp Condominiums 9011 2860 27 RO-5805-001-002-000 E Town of Wrightsville Beach Government 8847 3070 28 R0-5809-002-044-000 E Duneridge Resort Condominiums 5259 3155 29 RO-5809-002-044-001 E Town or Wrightsville Beach Govemment 1900 4155 Totals; 96769A-rNIPGO51999 17 Wrightsv(!te Beach Properties ... - Count arcel ID Number ~ E!W Lumina. ~ Pro e Owner • ~ Land Use - Pin Number Northern Property Limit Distance From Inlet Properties Located West of Lumina Drive ' 30 RO-5218-001-032-000 W. Town of Wrightsville, Beach Government 8381 ~ 0 split parcel W . Hailey, ileny ~ Private Individual .8903 415 .. . 31 RO-5218-001-030-000 W - Haley, Jeny Private Individual 8903. ~ .: :540 ' :32 R0-5218-001-001-000 W North-Shell Island Developme Private lndividuai 3460 ~~ 665 33 RO-5218-001-029-000, , .lN Thompson, Jennifer. ' ~ Private Individual 7840 790 34 RO-5218-001-028-000 W Barrett, Charles Private Individual 7702 885 35 RO-5218'-001-027-000 W , Marbarden Corp Private lndividuai 6664 ' ' 975 ' 36 _ R0-5218-001-026-0OO W 'Rupak, Ned Private Individual 6526 1065 37 RO-5218;001-025-000 W Seadman, Gil Private Individual ;~ 5478 1155' 38 RO-5218-001-024-000 W ' Clifton, Lawrence Private Individual 5329 "- '_ 1245 39 RO-5218-001-003-000 W Garrity, Norman _ Privafe Individual 4362 ~ t336 r; 40 RO-5218-001=002-000 l/V - Town of Wrightsville beach - Government 4246 ~ 1441 41_ , •.• : 3460 ':' 1481: 42 R0-5805-002-010-000 _ W ; -. ;Rallis, Michael Private iridividual 853 . 1981 43 RO-5805-002=009-000 W $akalio, George Private.lndividual 9773 2121 44: RO-5805-002-008-000 W", Busby;'JLlian ' Private Individual 9614 2221 45 RO-5805-002-007-000, , W " Woody; John K Private Individual 8565 -': 2311, 46 RD-5805-002-006-000 W ` Ju`pp, :Cynthia ~ Private'Individual 8427 - 2411 " 47 RQ-5805=002-005-000 W Farris;.John , ~ Private Individual ".7398 ..~ '. 2506 ' 48 RO-5805-002-004-000 W Berke, Robert Private Individual 7350 2601, 49' • RO-5805;002-003-p00 W Nill, Joel Private lndividuai 7212 ~` 2691 50 RO-5805-002-002-000 _. W Rodwell,.Roy _ Private•Individual 6184 2779 51. RO-5805-''002-001-000 W '_ Dickson, Susan Private Individual 6027 2869 • 52 RO-5805-001-001-003 W Amos, Barry •,~ Private Ir~dividual ' 5021 ~ 2964 53 RO-5805-001-001-004 W OG Enterprises Private Individual 4975 • ~ 3044 54 RO-5805-001-001-000 W DG Enterprises Private individual 1689 3158 55 ... RO-5805-001-001-006 W _ Strickland; Chrisiopler Private Individual 363 _ _ 3758 56 RO-5805;-001-001-005 W Gibson, Ronald' Private Individual 214 ' ,. 3879 57 RO-5805-001-t?01-002 W DG'Eriterprises Private lndividua( 9135 3994 58 ~ RO-5805-001-001-001 W Tgwn,of-Wrightsville Beach Govemmeni '9077- : 4056 59 RO-5809-004-001-100 W Cordgrass Bay HOA Condominiums 6897 4156 _ - Totais: 96769A-MIPG051999 18 C~ NEW HANOVER COUNTY. BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT10N `~ Meeting Date: 06/07/99 Regular Item #: 6 Estimated Time: Page Number: Department: Governing Body Presenter: D. J. Bowers/David L. Thomas ..Contact: D, J. Bowers, P.E., Division Engineer, Local NCDOT SUBJECT: Public Hearing to Consider the 1999-2000 Secondary Road Construction Program for New Hanover County BRIEF SUMMARY: Mr. David L. Thomas will present the 1999-2000 Secondary Road Construction Program for New Hanover County. _ The Chairman should open the Public Hearing to receive public comments. The public hearing should be closed, and the Board should move to adopt the Secondary Road Construction program as presented. .RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the program as presented. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Hold public h a " .Consider adopting the secondary road construction program for New Hanover County. COMMISSI NE S' ACTIONS/COMMENTS: COUNTY COMMISSIONERS APrROVED ^ REJECTED ^ Q REMOVED O ~ ~J POSTPONED O / HEARD p/ DATE 4~~~~~ ,~~° yd wb°+r 1. 'f STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HvrrT, JR. DIVISION OF HIGHWAYS E. No~uus Torsorr GOVERNOR SECRETARY May 19, 1999 Mr. William A. Caster, Chairman New Hanover County Board of Commissioners 3'20 Chestnut Street, Room 305 Wilmington, North Carolina 28401 Subject: 1999'=2000 Secondary Road Construction Program Dear Mr. Caster: . ~ _ _ .•, As required by General Statute 136-44.5, before July 1 each calendar, year, the Department of. Transportation shall make a study of all state-maintained unpaved roads in order.to. determine the unpaved mileage in each county and the total in the state. Each county's allocation is determined by dividing the total allocation by the statewide mileage times the number of miles in• each county. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax and moneys from the bond fund. The final total will not be known until the end of the current fiscal year, ending June 30, 1999. Should there be a significant change in •the county allocation, we will inform you of any adjustments in the Secondary Road Construction Program for 1999-2000. Based on an unpaved mileage of approximately 5.37 miles in New Hanover County, compared to unpaved miles statewide, the secondary allocation is estimated at 5187,130.00 that is expected to be approved at the July Board Meeting. .. _ The North Carolina Board of Transportation has elected to continue paving down the same lists used last year. The lists are based on a paving priority rating system having two paving priorities in each county, one for rural roads and one for residentiaUsubdivision roads. The Board now requires a separate listing of roads for each county showing the roads which have been previously skipped over for paving because the right-of--way was not available. Although these roads will not be shown on either of the two paving priority lists, provisions have been made for any such road to be reinstated to its prior position at such time as right-of--way becomes avai-labl`e;~or~'as?"soon`tlier`eafter as reinstatement can be administratively accomplished. A copy of the paving pri`orities;?"and"~the list of roads with unavailable right-of--way is attached for your 2 O reference. ~ ~~~'~:, ~'• ~ Q~~~f~~~~ . ~ •F124 D~~~ n Drive Wilmington, N. C. 28401 (910) 251-2655 f~ l -New .Hanover County Commissioners Page Two ' -: i In compliance with our Board's directives, while addressing overall county needs, we submit the following proposals for the expenditure of estimated secondary road construction funds for New ' Hanover County, for the period through June 2000. This proposal will be presented in a public " `hearing at your regularly scheduled meeting on June 7, 1999 at 6:30 P.M. as follows:. Estimated July 1, 1999 Total Allocation $187,130.00 Highway Fund $65,576.00 " .Highway Trust Fund $63,944.00 Highway Bond Fund ~ $57,610.00 " Spot Stabilization, $18.398.00 " Paved Road Improvements, $168,732.00 Safety Improvements and " Bridge Replacements Roads for C7rade Drain, Base and Pave SR 2546M, Wishing Well Lane $114,000.00 .From SR 1728 to End System $54,732.00 Length 0.38 Mile SR 2552, Pepper Hill Road . From SR 1728 to SR 2555 Length 0.32 Mile ' SR 2553, Saltee Way From SR 2552 to SR 2556 , Length 0.27. Mile. " SR 2554, Misty Morning Lane From SR 2552 to SR 2556 Length 0.22.Mle SR 2555, Stillpond,Road " -From SR 2552 to SR 2556 Length 0.16 Mile SR 2556, Myrtle Gardens Drive From SR 2553 to SR 2555. , Length 0.17 Mile ~ w II New Hanover County Commissioners ~ ~ ~ ~ ' Page Three SR~~2563, StarHarbor Drive ~ ~ . ~ ~ ~ ~ - = ~ ~ ~ ~ ~~ From 1728 to SR 2553 . ' ' - ,'r , Length 0.09 Mile ~ . ° Priority 11 S 1.61 Property Owner Participation Paving -Rural ,. SR 1516, Navaho Trail (DOT Share) X51,000.00 From End Pavement to SR 1592 ~ $3,732:00 Length 0.61 Mile Priority 1R 0.61 .,, , .. , Volunteer Fire Departments, $3,73'2.00 - L ~/ Rescue Squads, Road Additions $0.00 and Contingencies ~ . Total Miles: 2.22 r A copy of this proposed program is posted on the public bulletin board at the courthouse for public review. This program is subject to availability of funding, right-of--way, and environmental review. ~ ~ ' . . We wish to point out the amount used in the cost of each of these priorities is an estimate and is , _~ subject to variations due to inflation, cost of materials, equipment rate changes, 'and so forth. We appreciate the opportunity to meet with you, the Board and the public, to present this program. Recommended deviations from this submission by the Board of Commissioners must be in compliance with General Statute 136-44.8. , 22 ~ . . New Hanover County Commissioners i Page Four In the event right of way for any of the proposals above is not available, it is our plan to proceed with the next priority until right of way is acquired and funds are expended. You will be notified. of changes in this program. In addition, at the end of each calendar year you will be presented a detailed report of work accomplished and funds expended. Very Truly Yours, Louise McColl Member, Board of Transportation . !~:(yBGfi ' D. .Bowers, P. E. Division Engineer D3B/DLT cc: o Louise McColl, Board'of Transportation Member David L. Thomas, P. E., District Engineer Scott E. Cooke, Highway Maintenance Engineer ' 23. SRIO RATING UNPAVED SECONDA RY ROADS - SIcDIUISIONiRESIDE,'iTiAL PAGE i OOUNTY: NEA ;tiANOUER 1991 SIR PRTY NAME LE NGTB HGM P15 SC?; CH 5S IV RF ;H HIR TP,AF T/F TPTS 1~Si 1F HO`~dFIN LANE ,26 13 Y 79 N 399,0 .. . 7 1 9 1 1r , ~ n r! 97 n t' f 9 ~. ~ ~ NNrXEa7 i~ or~ c.rn„JU~! _ ! 9 9 2i92 3F Ni~ON LA;iE ,19 i N 42 ti 215,3 1354 4F JORNR PLACE D ,25 & 7 49 N 25u.0 • . ~ -_ , _ , ~ " .. ~a ~ ., Ti ~~„ ~ivN~~J c,t~( of ICM-anlGT~ -._.._._ _. _ __ . ~ ~ '259 6F HROOi{DA?,E DRI .39 7 2. , ,, , ~ 6 2 ii, 00 •~ 2~ , '759 7~ FARM ROAD. • ,.3 , "l N 9~ ,~ ,~~. , ~ „E~4~~, ~r•r . - 3 ~ .. S '~i . r0 ANN ~l~ lLllI/I•/~rTUi~1 ~'Ep C Bf' W _..-- - f~Q~ 2.93 9F r r S?RING R A~ ~ .. tl ':0 N 20,0 254° lOF 4tiEEPING 4iiLL0~ .09 33 Y 198 N 24Q9,0 2546M 11 '~iSi{ING ;igLL 1.51 16 Y 456 N 16?,9 i552 12 CAMELLIA LANE ,04 4 N 24 N 624,0 2660 i3 4I~ITT;<D CIRCL ,G6 ~ Y 30 P7 540,0 i33?M 14 MARATHON AUB .99 39 Y 229 }i ~54.i i920 ?: DAUiS LA'iE .11 i0 Y 60 N 422,9 2619 16 HERMITAGE DRI .i% ~ Y 30 N 296,0 146': 17 CHASTER AUBNU .04 1 N i0 N 260,0 266i i6 UN-NAMED ROAD .ii 4 Y 24 N 252:i' • 2659 19 EMERSON DRIVE ,24 4 Y 24 N i34,0 NUMBER ROADS; i9 TOTAL MILES. 5.29 !Fl INDICA~PES FROZEN TOP 10 PRIORITY AS RECuIRED EY GS i36-44,7fB1 4 24 C~ SRiU~~~AT~",G GR;'AVh] SBCONDAR'i uOADS - P,URAi, ~ eAGS CCUNTY, N3W tiANCVyR ,9 SIR PRY NAi{~ i~i±NG'TE hCN PiN SCH CH BS IN RP ~R 3i'R TP,AI' T(? T%?1S :. r."V T Ain :'J ~ ~: ;~ G iuf} •. 'i ?? ~Ai~eSOPi ST9.~N ,$~ ai r. I~ sY k_UK r,IAY ROr ~~ ~ Nil!4B~R RCAJS, 4 :'CTAi, i~~u~S. i.?9 (~'! INt7ICA'1'BS FROtSN TCP ?Q~PRI-0RITY AS RBCUIRBD BY rS I36-~4,i!S1 LIST OF ROADS WITH UNAVAILABLE RIGHT-OF-WAY 1997-2001 N V COUNTY: NEW HA O ER $URALROADS , Priority SR Number Name Length -~}-P-- - ~+ierrs-L~+~e- NEXEn C"~r`/~~ rcn,/~/t~Ta~l l 9 X38' -~'1f~ --48~- ~NN~~ ~~`/ Da WI(~lNf~7~n! ~ `~ X32` SUBDIVISION RESIDENTIAL ROADS Priority SR Number Name Length 1 F 1334 Sondey Road 0.40 SUMMARY Number of roads on list 3 Total length of roads 1.10 Total length of roads with 50 or more ADT 1.10 26 ,~ ~, ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 7.1 Estimated Time: , Page Number: ` Department: Planning Presenter: Dexter Hayes Contact: 'Sam Burgess SUBJECT: - Item 1: Special Use Permit (S-440, 5/99) -TFT & Company, Inc. (20 Minutes) BRIEF SUMMARY: ' Request by TFT & Company, Inc., to construct a 21 slip community boating facility to serve Loder Landing, a,28 lot development located on the north side of Loder Avenue. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends conditional approval: - FUNDING SOURCE: ATTACHMENTS: 10 Pages REVIEWED BY: _ LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: NIA , COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONSlCOMMENTS: _ ~ .. COCINTY COMMIS IONERS . APPf OVED REJECTED O ~~ ~ ~ ~ ~ ~ REMOVED D POSTPONED O ` HE~,RQ DATE 7 ~i ~:~~ . ITEM A 2U Special Ilse Permit - Request by TFT and Co., Inc., To Construct a 21 SIip Community Boating Facility to Serve Loder Landing; a 28' Lot Residential , Subdivision Located on Loder Avenue. (S-440, 5/99) Note: This request is made pursuant to Section 72-37 of the County Zoning Ordinance. Planning Board Summary of May 6, 1999 Meetinff: Several concerns tivere expressed by residents located on ~ the south side of Loder' ' Avenue. Concerns from the residents included whether .they avould continue to have riparian access to ;the Intracoastal Waterway; impacts to the, marsh and ,water front views with the creation of th'e21 slip facility, and whether Loder Landing would have homeowner covenants. The Planning Board .recommended approval with restrictive covenants limiting the use of the facility. ~ ' Preliminary Staff Findin6s 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan asm submitted and approved. A. The proposed marina will~~not need water or sewer services: B. The site is located in the Myrtle Grove VFD District. C. Access to the site is from Loder Avenue via a private access easement. D. No dredging will be required. ~ ~ ~` 2. The Board must find that the use meets. ~ a11A required conditions and specificatians of the Zoning Ordinance. A. The property is zoned R-15. Community boating facilities are permitted by special use permit in this zoning district. B. In lieu of an off-street parking lot, the petitioner is requesting that parking be provided at each individual residential lot. Access will be limited to pedestrian and bicycle traffic. C. Though not specifically. known; the impacts on adjacent waters and conservation resources should be minimal because no dredging is needed. Construction impacts would be limited to the pilings needed to support the floating dock system. D. The number of slips (21) does not exceed the number of lots to be served (28). E. No commercial activity is proposed-not permitted anyway. F,~~~~f~,~raght~t~ ~use~~th~ facility will be conferred by an easement connecting to Loder Avenue. ,.,, ~ ~, Ci~llll~~' ~a.' ~ . . ~ , :~ () -2- . • 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity • 29 b b A. As a general Wile, small scale community boating facilities compliment property values. B. Both adjacent property owners have. signed ari affidavit stating that they do not believe the marina will have an adverse impact on their property values: - 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved `vill be in harmony with the . • area in which it is to be located and in general conformity with plan of development for New Hanover County. A. The Land Use Plan generally supports water dependent uses to promote access to • the area's public trust waters. - B. Williams Landing/Splash Marine,. a 13 slip boating facility, is located • • approximately 100 feet to the south. • ` C. Community boating facilities are- commonplace along the County's estuarine waterfront. WILLIAM L. HILL, II W. TALMAGE JONES DAVID A. NASH WILLIAM O. J. LYNCH JAMES B. SNOW, III WAYNE A. BOLLARD STACEY L. FULLER ROGUE, HILL, JONES, NASH & LYNCH, L.L.P. ATTORNEYS AT LAW 101 SOUTH THIRD STREET WILMINGTON, NC 28401 March 18, 1999 New Hanover County ~ , , Planning Department ~ , 320 Chestnut Street, Room 403 . Wilmington, NG 28401 Re:Loder Landing Community Boating Facility Gentlemen: OF COUNSEL CYRUS D. ROGUE, JR. ' ROY C. BARN MAILING ADDRESS P. O. DRAWER 2178 WILMINGTON, NC 28402 TELEPHONE 910-763-4565 FACSIMILE 910-762-6687 ~, Enclosed is application for Special Use Permit which we are filing on behalf of Loder Development Company, Inc. The principals of the company are Terry Turner and his wife, Margaret, of Airlie Road. Accompanying the application are several items supporting the findings of fact and other conditions required by the Zoning Ordinance. The proposed use is a community boating facility for the property owners of Loder Landing which is located on the Intracoastal Waterway and on Loder Avenue leading off Myrtle Grove Road. Loder Landing consists of 28 lots and the proposed boating facility has a pier, 21 slips and a gazebo. No automobiles or boat trailers will be permitted at the facility. A location map and site plan are included as part of the application. Mr. Turner has consulted with the adjoining riparian property owners on either side and both have approved the project. Their affidavit is included as part of the application package. The proposed restrictive covenants for Loder Landing are included as part of the application paokage. The restrictions, among other things, dedicate the boating facility solely for the recreational, noncommercial use by the property owners of Loder Landing pursuant to an easement appurtenant to lot ownership. The restrictions also provide for title to the facility to be vested in a homeowners' association and implements a procedure for establishing and collecting dues to cover operation and maintenance. (~ 30 Customar construction methods will be used for the facility and no dredging or Y ..New Hanover County ~ ~ - ~ ~ ' March 18, 1999 - - ~ Page 2 other activity detrimental to the marine environment will be involved. A CAMA permit must be obtained before the facility can be built. As proposed, the project will be a valuable recreational facility benefiting the ._ health and welfare of the Loder Landing community with; minimal impacts on the marine. environment or the neighborhood. If there is anything further that you need; please do not hesitate to call. - Very truly yours,' . j /~~~ °'°~vy William O. J. Lynch - ~. WOJL/vms S:\WOJL\LoderDev-L\NewNanoverCo-Planning-Itr.wpd ~ e 31 - Requirement #1 ~ ~ ~ ' The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." Statement by Applicant: ~ - ~ ~ ' . ~. A. The boat slips are for small recreational vessels to be used only by the residents of the 28 lots in Loder Landing (see Article VLI, Section 2 of the Declaration of Covehants, Condition's'and Restrictions for Loder Landing at tab 9, page 17): B. Only 21 boat slips will be.available (see Article VII, Section 3 of the Declaration of Covenan`ts"at tab 9, page 17). = a ~ ' C. No gasoline or other commercial sales are permitted (see Article VII, Section 3 of the Declaration at tab 9, page 17). D. No vehicles or boat trailers will be permitted on the site; pedestrian or bicycle traffic only. Access is limited to a 10' easement (see Article VII, Section 3 of the Declaration at tab 9, page 17 and the site plan at tab 2). E. A launch ramp is not included in the project (see site plan at tab 2). F. No dredging is involved or other activity which will adversely affect water quality or primary nursery/shellfish grounds. A CAMA permit is also required. G. Only low intensity lighting will be used. H. Pier construction will be of customary materials; pilings, floating docks, etc. A homeowners association will levy and collect assessments to insure proper maintenance and upkeep (see Article IV of the Declaration of Covenants at tab 9, beginning at page 7). 32 S ~PNOJL\LoderDev-URequirements-O&A.wpd Requirement #2 ~ ' A. The facility is within the definition of "Communit Boatin Facilit "set forth in Y g Y X23-62 of the Ordinance in that: ' (i) it is private; (ii) it is owned by a nonprofit corporation (see Article III, Section 1 of the Declaration of Covenants at tab 9, page 6); (iii) it serves only residential lots (see' Article VI, Section 3 of the - Declaration of Covenants at tab 9, page 15); (iv) .the right to use the facility is conferred by an appurtenant easement contained in the Declaration of Covenants (see Article II, Section. 1 of the Declaration at tab 9, page 4); (v) commercial activity is prohibited by the Declaration of Covenants (see Article VII, Section 3). ' B. The setback and other requirements of the R-15 district. are satisfied. • • S:\WOJL\LoderDev-L\Requirements.wpd 33 Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." ` Statement by Applicant: A. The adjoining riparian property owners on the north and south have signed an affidavit consenting to-the use and opining that th'e use-will not injure the value of their property (see affidavit behind this page). • B. The use is typical of other docks and boating facilities in the area. C. See comments to requirements 1 and 2. .. ~~ 3 i S ~WOJULoderDewURequirements-Q&A wpd STATE~OF NORTH CAROLINA AFFIDAVIT AND CONSENT • ' COUNTY OF NEW HANOVER ALLEN CROOM and BRAD SOUTHERLAND, being first duly sworn, depose and say: 1. That each and every statement made herein is made by me upon personal knowledge of the facts stated, and .each and every statement made herein is based on first •hand information. 2. That the undersigned are the waterfront, riparian land owners abutting Loder Landing development on the north and south. 3. That each of the undersigned has reviewed the site plan for the proposed community boating facility at Loder Landing and has discussed with Terry Turner of Loder Development Company, Inc. the construction methods and materials to be used for the project. We have also reviewed the portions of the restrictive covenants for Loder Landing dealing with the facility. 4. It is our opinion that the community boating facility will not adversely impact the value of our land and we hereby approve the facility and consent to its construction . as proposed. Further these deponents saith not. -f•~ THIS the 20 day of Mare , 1.999. `~ ~~--~ ~ (SEAL} ,~~"" SEAL ( ) ALLEN CRO BRAD SOUTHERLAND Sworn to and subscribed before me this ~ day of 1999. .~` p4'` UG '' ~_ ~f:•`- ~ ~: ~' : e °~ any Public a ° ° ~~Ac~c~firi~nission expires: ~ ~ ° % °~•` ., ~»° ~. ,~~~ ~~ER COV ,+`''` S:\WOJULoderDev-L\Croom•Southerland•atf.wpd Sworn to and subscribed ore me thisc~ day or' 1999. Notary Public : v ~ '` = My commission expire , ^ /~~~~~+~' _ (SEAL) -' ~~°~iinuti~+~ Requirement#4 , , . The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the .plan of development for New Hanover County." . Statement by Applicant: Just,.over 100' to the. south of.the.subject site is a 13. slip marina (Williams ' Landing/Splash Marine). Private piers are to the north. The facility is typical ~of simil'ar facilities along the Intracoastal Waterway in New Hanover County. 3 ~ . S \WOJL\LoderDzwL\Requirements•Q&A wpd • • • Requirements of Section 72-37 of the Ordinance In addition to satisfying the four General Requirements required by the Special Use Permit Application, the Applicant must satisfy five special conditions imposed on community. boating facilities by Section 72-37 of the Ordinance. The Applicant's 'previous comments concerning the four General Requirements of the Special Use Permit verify that these additional five conditions have been satisfied in that: 72-37(1) No dredging or other activity will be involved which will adversely impact water quality, primary. nursery/shellfish grounds or conservation resources and a CAMA permit is required before the facility can be built. 72-37(2) No vehicle or boat trailer access is provided. Access is limited to a . 10' wide pedestrian way by the Declaration of Covenants (see ' Article VII, Section 3 at page 17). 72-37(3} 28 lots are in the development. The community boating facility is restricted to 21 boat slips by the Declaration of Covenants (see Article VII, Section 3, page 17). 72-37(4) The right to use the facility is conferred by easement appurtenant in .the Declaration of Covenants (see Article I I, Section 1, page 4). 72-37(5) Commercial activity is prohibited by the Declaration of Covenants (see Article.Vll, Section 3). S:\WOJL\LoderDev-L~SpecialUseApp-inserl.wptl v ,~ "~ 38 -~ • • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 7.2 Estimated Time: Page Number:. Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item 2: Rezoning (Z-658, 5/99) -Samuel Grady, et al BRIEF SUMMARY: Request by Samuel Grady, et al, to rezone 1.8 acres located in the northwest corner of Juvenile Service Road and Blue Clay Road to R-15 Residential from I-2 Heavy Industrial. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: ATTACHMENTS: 2 Pages REVIEWED BY: LEGAL: NIA FINANCE: BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: :COUNTY COMMIS,SIONERSi APPROVED p~ REJECTED O REMOVED ^ POSTPONED ~ 9 HEAC~D .. DHTE ~!~ 9 '~"' ITEM B CASE: REQUEST: ACREAGE: LOCATION: LAND CLASS Z-658, 5/99; Applicant- Samuel Grady et al I-2 Heavy Industrial to R-15 Residential 1.8 acres NW Corner Blue Clay Road & Juvenile Center Road Resource Protection- encourages protection of important natural; historic, scenic and recreational resources. Planning Board Summary from May 6, 1999 Meeting There was very little discussion concerning the petitioner's request to rezone a portion of his property to R-15 Residential. The Planning Board concurs with staff and no one spoke in opposition. Staff Summary The applicant is requesting that a portion of his property be rezoned to R-15 Residential. As depicted on the site map, a majority of Mr. Grady's property is cunently.zoned R-15. An historical examination of the adjacent I-2 Zoning District reveals that a portion of Mr. Grady's property was part of the original zoning district created in July, 1972. With the exception of the Juvenile Service Center located on Juvenile Center Road, most of the property in the immediate area is vacant except for scattered dwellings units. A relative of Mr. Grady resides on the property. As noted in the adopted 1993 Land Use Plan, property located on the west side of Blue Clay Road from its intersection with North Kerr Avenue to North College Road (Highway 132 N) is designated Resource Protection. This designation encourages protection of important natural and recreational resources. Public water and sewer services are not planned for this area in the near future which discourages any large scale industrial development from locating occur on the east side of Blue Clay Road. The US 17 By-Pass will be located just south of the property. This rezoning would also allow the applicant to better utilize his property now split by two zoning districts. It would also provide for easier administration of land use regulation and tax appraisals. Staff recommends approval. ~~R~~~~ A 1~ ~5~ 4 0 ~ ~ ~~tr~^a~'~r ~~~~~~ f`l .. ~ , . ~' ,, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 7.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item 3: Rezoning (Z-659, 5199) -Scott Stewart BRIEF SUMMARY: Request by Scott Stewart to rezone 21.51 acres located in 3100 block of Middle Sound Loop Road to R-15 Residential from R-20 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: ATTACHMENTS: 12 Pages REVIEWED BY: LEGAL: NIA FINANCE: BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMISSlON~ APPRQVED O REIECTI`D O G- e~te~ R~MgVED D ~ ~ 4 ~' i'OSTPO '' DATED7~y ~~ ITEM C CASE: Z-659, 5/99; Applicant: Scott Stewart REQUEST: R-20 to R-15 and R-20 to CD (B-1) .- , ACREAGE: 23.51 (TOTAL) ~ ~ ' LOCATION: 3100 Block of Middle Sound Loop Road, south and adjacent to Sandybrook development LAND CLASS: Resource Protection: Encourages protection of important natural resources. Density cannot exceed 2.5'units per acre. ' Planning Board Summary of May 6, 1999 Planning Board Meeting A host of concerns were presented by the residents of the Middle Sound Community: These included the inadequacy of the existing infrastructure, drainage impacts to adjoining properties and Howes Creek, incompatibility with the Middle Sound Plan adopted in May, 1987 and Land Use conflicts pertaining to the Conditional Use B-1 (Neighborhood Business) request. The petitioner withdrew his request for Conditional Use B-l. The Planning Board by a vote of 3-2 recommended approval of the petitioner's request to rezone 21.51 .acres to R-15 from R-20. This would allow an increase in 11 units in the project. While some Board members felt the density increase was okay, others voting against the petition were concerned with the traffic and the justification for increasing density in Middle Sound. Staff Summary The applicant's request is two-fold. His first request is to rezone 21.51 acres from R-20 Residential to R-1~ Residential and secondly to rezone 2 acres from R-20 Residential to Conditional Use (B-1). Most of the Middle Sound area was originally zoned R-15 in 1970. Since the mid `80's significant growth in the Middle Sound Community coupled with an increased awareness for environmental protection and traffic concerns produced a study (Middle Sound Plan) addressing future needs of the community. One suggestion of the study was to rezone large portions of Middle Sound to a lower density. A rezoning to R-20 Residential and R-20S Single Family from R-15 Residential was initiated by the County and adopted in July, 1988. This property is along the perimeter of that zoning effort. Today, severa'1 upsWc,ale developments such as Providence, Demerest Landing, Middle Point, and ~I.hl'ri ~ .3-iu- , . Timber C".reek ,exist along with a smattering of older developments that include Queens Point ~ ~~~J~~~ ~t~~ b Sandybrook, Brandywine, and Stoneybrook. Most, if not all of these developments are located in 4 ~ ~ . .~3~~~~~~:tiJ close proo~xi~~ky~of~the~-applicant's property. ~ ~~IA~6~ ~~ ,-, • As noted on the applicant's narrative for Demerest Village, (the R-20 to R-15 proposal) a "modest lot reconfiguration would increase the original density approved by the County from 40 to 51 homesites." A mixture of homesite sizes and housing types would exist. Smaller homesites comparable to Sandybrook (R-15) is proposed. Larger homesites with residential structures adjacent to Middle Point is proposed to serve as a transition between the zoning districts. All roads within Demerest Village are private. Sewer would be served by a collection system (private) with a community water system (private). With the proposed increase in density to 51 lots in Demerest Village, the applicant also indicates that additional improvements would be made. Improvements include a pedestrian sidewalk along Harlendale Drive in addition to a pedestrian network within the village. It is because of the pedestrian network within Demerest Village that the applicant is interested in petitioning 2 acres to CD-B-1 (Demerest Village Square). As noted on the site plan, this area is located between Harlendale Drive to the south and Wilmington Country Daycare School to the north. With the mixed housing proposal in the applicant's first request, the CD B-1 proposal is viewed by the applicant as providing an alternative to servicing existing neighborhoods internally rather than along a major arterial such as Market Street. Demerest Village Square is proposed to be accessable by walkers, cyclists et al through a series of pedestrian friendly improvements. The character of the square would be compatible with the existing residential area of Demerest Village. A swim club is also proposed for the existing neighborhoods as well. Commercial uses confined to the B-1 District such as retail trade, insurance health and educational services among others would be permitted. The applicant's request to rezone 21.51 acres from R-20 to R-15 makes sense. While it is realized that most of the Middle Sound Community was rezoned in the late `80's, the depiction of a mixed housing stock ranging from homes compatible with the density in Sandybrook but with a single family design offers a well founded transition. According to the applicant, preliminary discussion has taken place with DEHR relating to stormwater run-off and also NCDOT pertaining to pedestrian access along Middle Sound Loop Road. This type of neo- traditional design also lends itself to less traffic congestion concerns within the community and encourages more human interaction. Based on the modest density concept and adjacent neighborhood development, the Planning staff recommends rezoning the property to R-15. The applicant's request to rezone 2 acres from R-20 to CD (B-1) has many positive merits. One major attribute would be the ability of existing nearby neighborhoods to utilize the proposed services offered that may otherwise require vehicular trips to distant points. Again; the concept of introducing aneo-traditional neighborhood composed of a mixture of housing coupled with some light retail may prove to be a positive example for other traditional communities. Several of the uses listed with the table of permitted establishments may not be compatible with the residential enclave proposed or meet the blessings of the existing neighborhoods. The Planning 4 3 3. Board may want to limit the type of uses within Demerest Village Square with certain architectural controls to futher enhance the center's compatibility with a residential community. The size and square footage ofthe-village can also be controlled to minimize impacts on the surroundirig neighbors. 44 ~. n •~ ~ ~J ~ ~; ~ ~ ~ s ~~ 1• •• .; . ' I ~•. r ~ ~~~~ qtr A®+` ® ~ d . ~ b1 r t ~ `~ ~ ,. 4~> -~~1 ~ ' ~ ~ .~ ~ •s ~f :IPA-,~ . ~~~~I~~ ~~ . ; ` y. ~.:•. r 4r ~r. r •~ ~('~ . ~I tt . 'y" ` c I ` _~~ ~ r ^7 Yi t '_~, t. 1 s , ~ • .. ~ ~ \ `6 ~.r ~ t I \` t `' 4I~ ~ 4 •~ '%r~.. ,~ ~ \ ~, r - I ~ ~ \ /' •r . ~\ ~ ~ i J ~ y \ ~ d ~ f. C~`~ f ~~., j 4> \~ t ~ i T~ 0 ~ ~ ~ y, , ~ ~• ~ ~ I' ~ Y '~ ~• . I ~ ..~~ r ~ ~ ~ '~ `~ ~ - - ~ ~~ f DEMAREST VILLAGE April 8, 1999. New Hanover County Planning Department 414 Chestnut Street Wilmington, North Carolina 28401 Attn: Mr Sam Burgess ` Re: Petition for Rezoning R-20 to R-15 Petition for Rezoning R-20 to Conditional Use B-1 Demarest Village ~ , Middle Sound Loop Road Dear Sam, ~ ~ ' We are pleased to resent our a lication re ardin the aforementioned r r - p PP g g , equest. The area ,proposed to be rezoned from R-20 to R-15 is 21.51 acres controlled by Inland Harbour Properties LL,C and provides approximately 270 feet of frontage on Middle Sound_Loop Road and 525 feet of frontage on Harlendale Drive. The property is occupied on 1.2 acres by The Wilmington Country Day School (WCDS) and the balance of the property, 20.31 acres, is known as'Demarest Village which received preliminary approval on March 24, 1999. The total area requested to be rezoned from R-20 to R-15 is 21.:51 acres. The land holding, which will be continued to be known as represented, is directly across Middle Sound Loop Road from Demarest Landing {R-20S) to the South, adjacent to ' Middle Point to the east (R-20 Performance) and adjacent to Sandy Brook (R-15) to the West and North which adjoins and surrounds the majoiity of ~ the perimeter boundary of the parcel in question. The request to rezone this parcel will result in a modest lot reconfiguration increasing the density specific to the Demarest Village_ plan from 40 homesites to 51 homesites .(20.31 ' acres X 2.5 units/acre = 50.77 or 51 homesites). The rezoning from R-20 Performance to - R-15 will slightly modify the land use distribution outlined in our March 3, 1999 correspondence concerning Demarest Village resulting in approximately 2 acres for roads and sidewalks (10% of the site ); 9.69 acres for private homesites (50% of the site) and 4 ~ . 8.62 acres for accessible and passive.Open Space (40% of the site). The desired R-15 7213 A Market Street Suite 328 Wilmington, NC 28405 • 1-910-686-9707 (O) 1-910-686-9716 (F) classification will provide the ability to introduce alternate homesite sizes and housing ' types within the neighborhood plan particularly immediately adjacent to the existing R-IS Sandy Brook neighborhood within the plan of Demarest Village. We envision positioning the smaller homesite and building types contiguous to the R-1S Sandy Brook neighborhood boundary while positioning larger homesite and building types adjacent to the R-20 Middle Point neighborhood, clearly utilizing the Demarest Village neighborhood as a graceful and complimentary transitional land use pattern between existing R-1 S and R-20 neighborhoods utilizing R-1 S criteria. We have considered and prepared for the R-1S modification during our initial prelinnary approval under R-20 performance. In particular, the site plan pattern established will remain constant, as will all infrastructure and improvements. Homesite alignments will be modified specific to market response to accommodate the additional homesites utilizing Large neighborhood homesites in phase one, modest amount of Townhouse homesites in phase two, Row Houses and Charleston Side Houses in phases 3 & 4. The development of phase S is unique due to the significant change in grade (approximately 12 feet).. This phase is the only portion of the land holding which interfaces with the 100 year flood line at the very northern tip of the property encompassing less than 3000 square feet positioned in the 100 year flood designation. We have provided homesites with an 80' width during preliminary approval under R-20 Performance so we could consider dividing some of the homesites in half to 40' to accommodate a dvnamic mixture of housing types to create a unique street. Please acknowledge that the grading in this area provides a six foot cut into the slope adjacent to the existing Middle Point Homesites which also provides fora 28' wide undisturbed wooded buffer along the adjacent h~lddle Point rear yards. This ]and planning technique will physically and visually recess the alley and the first floor of the proposed living units from the existing rear yards of the Middle Point homes. V The additional density will also allow us to pursue additional improvements along Harlendale Drive which will include installation of a sidewalk complimented with a colonnade of weeping Chinese elms which will greatly enhance the Harlendale Drive corridor and transform it into a linear park accommodating a pedestrian corridor and human scaled environment along Harlendale Drive to connect to the Pedestrian sidewalk network planned for Demarest Village and the existing Demarest Landing. Furthermore, it will allow us to proceed to realize the complimentary request.to rezone for the Conditional B-1 use to create Demarest Village Square at the intersection of Middle Sound Loop Road and Harlendale Drive which will be fully accessible by sidewalks from the contiguous neighborhoods. Demarest Village uniqueness will be the architectural building types and land use pattern utilizing rear service lanes, well defined pedestrian oriented streetscapes similar to Wilmington's Historic District and a dynamic mix of housing types should the R-15 designation be granted. The second half of our petition for the realization of Demarest Village Square is equally unique. ~~'e have assembled two (2) acres for this facility by q,7 incorporating, the previously appointed. "Future Development" parcel together with Lot ' I R and a portion of Lot 2R from tite previously approves! DerY~arest Village plan. Demarest Village Square is providing a~~ innovative alternative. to servicing neighborhoods internally. rather than along major arterial corridors such as Market Street. The Village Square is residential in form, scale and detail. The style and placement of the Village Square buildings, once complete, will be visually and physically referenced as homes converted into neighborhood service and professional offices with a command of the street, pedestrian space and scale within a complimentary courtyard garden setting. The Village, Square is appropriately positioned along ~Iiddie Sound Loop Road which. is an active collector road and woven within the fabric of established and expanding " neighborhoods of.Middle Sound. It will be comprised. of seven(7) buildings closely identical to the architectural style that will be built among the homesites within Demarest Village. The building will range from 1800 to 5000 square feet collectively rea}izing a total available space of 19,328 square feet. The land plan provides an average ratio of 3.5 spaces per 1000.square feet of space (67 parking spaces) which will dictate: use 'categories, also two (2) loading and refuse areas are provided.:. The Village Square is envisioned to becor~~e a gathering.; place and activity center for the numerous neighborhoods of Middle Sound that require a further identity and sense of place for there community. The Village. Square can be accessed 1?y ~a~alkers, joggers, cyclists from Demarest Landing, Demarest Village, Sandy Brook, Stoneti• Brook, Middle Point and South Point. We have requested DOT to investigate incorporating a bikeway along ~-fiddle Sound Loop Road on ne~~- improvements so the residents of Providence, Queens Poirit, Br-andy~vine, Gorman Plantation and Timber Creek can~utilize transportation other than a car to safely visit the. Village Square. ~~'e have had preliminary discussions with NIr. David Thomas of D.O.T. and we have incorporated his comments regarding access, circulation and parking into the proposed plan. ~~,'e ha~~e incorporated as one of the focal points at the y'illage Square a swim club that accommodates a 4500 square foot; six (6) lane lap pool with complimentary volley ball and playground area. This facility is designed to accommodate 300 guests complying with l 5 square feet of pool space per guest and one (1) space. per 200 square feel: of pool space (23 parking spaces). The pool and accompanying details will echo a larger version of the private pool facility.built at Demarest Landing. The existing Wilmington Country Day School(Pre K-6th), adjacent. to the Village Square, will benefit from carefully selected complimentary ser-~•ices w}uch relay enhance the curriculum such as a studios for art, music, computer technologies. S(lould services such as a small restaurant and or co}fee shop be established, shared parking with the school will he explored by limiting use during the daily and weekly cycle. Requested perr~litted uses desired for the Village Square will be those uses outlined on the 4 p B-1 desination Table of Permitted Uses in the New Hanoi er County 7onin~, Ordinance ~• o limited to the following categories: Construction; Retail Trade; Financing, Insurance, Real Estate; Services; Health and Educational Services. Primarily we envision the home style • buildings to be occupied by an historic corner store, coffee/ice cream/pastry shop, a small, family oriented restaurant that may offer outdoor dining in the garden promenade and service the swim club .and professional offices. Please note on the plan the first 4 buildings have an opportunity to be attached at the second level in only two locations that would provide a large second floor space for a tailored situation and provides for a covered entrance into the garden promenade area. The construction phasing for the Demarest Village residential portion will remain unchanged. The Village Square construction phasing would provide for four phases: phase one: the swim club facility; phase two: buildings 6, 7 & 8 adjacent to phase one residential area of Demarest Village primarily utilized for professional offices; phase three and four: buildings 1, 2, 3 & 4 to be utilized for more retail oriented services on the first floor while the second floors may be more professional oriented uses which may also compliment support studies that may be utilized by the Wilmington Country Day School. We carefully positioned the first construction phase (buildings 6, 7 & 8) so they would provide and architectural transition and buffer for the residential portion of Demarest Village while providing and architectural courtyard facing the swim club facility which will be complimented by the enclosure and placement of the other buildings in phase four and five. We have carefully incorporated the envisioned Village Square improvements within all permit applications with the necessary applicable jurisdictional agencies to adequately - accommodate and service the facilities infrastructure and site requirements. All agencies are aware of the mission statement, however a specific plan has not been disclosed until an endorsement from the required governmental bodies are secured. I appreciate your cooperation and the opportunity you have provided to evaluate this recommendation. We trust you will recognize the Traditional Neighborhood Design attributes of creating the Demarest Neighborhoods together with the Village . Square within the context of TND infill within the Middle Sound Community. We hope together this may demonstrate an alternative for land use patterns as New Hanover County continues to develop. Kindest gards, Sco wart Inland ar our Properties LLC member. ~ 49 300 ~Harlandale Drive Wilmington, NC 28411, Home 686-8258 Office 792-1040 Dear Planning Board Members, We would like to briefly voice our opinion in reference to Item 5 orl tonight's Planning Board Agenda concerning the request b_y Scott Stewart to rezone the 3100 block of Middle Sound Loop Road. O<~erall, ewe feel that this would be a positive amendment to the Middle Sound Community., ~.s children, we both grew up in neighborhoods in which we were able to ride .our bikes "up the road"~ to a little corner grocery store. How nice it will be for our o~~z1 children and their neighboring friends in the comlilunity to be able to do the same; as well as to be able to ride bikes tlp to a comli-litnity s~~-im clilb~ and recreational play fields, ~~-hich ~~-ill' be available for use by all of the Middle Sound area. ~1 even better prospect is the thought of a small "Village Square", the concept that Scott Ste~~-art is proposing. Our COlllllltllllty would be able to mingle and. gather there to have a~sand~vich or a bagel; a cup of coffee or a coke, exercise in the pool; or simply walk through the little parks Scott is plaluling. Making it a~~ailable to all of Middle Sound provides the' opportunity for acloser-knit colnnluilit~~ and a chance to lileet our neighbors from "ilp the road" or "around the corner". Scott's proposal of "Conditional Use" rezoning is ideal, ill that the parking and few shall businesses will be controlled. We do•recommend that close attention be placed upon tlle~ restrictions in the conditional rezoning proposal. We appreciate the fact that Scott spent the time Tuesday e~-~ening to give our neighborhood a detailed presentation of his proposal. Due to a previous engagement, eve ma_y not be able to attend tolght's meeting. Ho~~-ever, given Scott's excellent presentation, eve are able to make awell-informed decision to fully support his rezoning issue: S111Cerely, Mr. and Mrs. George Barbour 50 ~l FP,OM S PHONE N0. 916862829 Z~~IINA S'~'~ ~~ Ir~00 I:~t.etcvond ltund, Suitc 10 • lY/ihnirt~tnn, North Carolitut 2(3903 . plus;{y10) 2S6~Q9(~ J fni;(y10) 256-9949. u~unv.ltnnin~tstaciort.i•um May. G6 1999 81:17PM P1 May 6, 1999 ~,o: New Hanover Cotutty Commissioners From; Joel Tomaselli, Developer of Lumina Station Rc: bemerest Villagc • support the rezoning of Demerest Villagc. Tt is a meticulously planned mixed use . village, designed for people to live, work oz' play all within a short walk, Demerest Village is a textbook exanaplc of"smart growth" and is or! the leading odge of planning and development, I strongly encourage you to support the rezoning of Demerest Village for the future of the cotutty, ~• 51 Sample ** Approximately 282 residents signed • the petition below.** STATE OF NORTH CAROLINA PETITION COUNTY OF NEW HANOVER ~ ~ ' We, the undersigned residents/taxpayers and property owners, who are residents of the itiliddle Sound Community, and whose property is within the "Middle Sound Plan", hereby object to the Application of Inland Harbour Properties, L.L.C. for a rezoning of a 21.51 acre tract from R-20 to R-1 ~ and a Conditional Use Permit to rezone 2,0 acres from R-20 to CD(B-1), for the following reasons: 1. The proposed rise will endanger the public health or safety if located where proposed and approved. 2. The proposed use does not meet all required conditions and specifications. 3. The proposed use will substantially injure the value of adjoining or,abutting property, and the proposed use is not a public necessity: 4. The location and character of the proposed use, if developed according to the plan as submitted wilt not be in harmony with the area in which it is to be located and is not in general conformity with the plan of development for New Hanover County, This t}Ze 3rd day of May, 1999. °l NA~~iE: (PLEASE PRINT) ~D,.~~ff,-- ~c~t,rs~s _JAr?E5 P /1'1'~'~'y~Loyb~~ ~~ ~r~l=~ -~~sor~s NATURE: ~~cS ~ UvJy~ y~~ ~w ,~ ~.~~ - ,~ .~~ ~~ ; ~ti ~ ` 4'~-tl 52; C~ • • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 7.4 Estimated Time: Page Number: Department: Plahning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item 4: Subdivision Appeal (SA-15, 12198) BRIEF SUMMARY: -"Request by David Barefoot for Buyers, Brokers & Consultants to appeal decision by Planning Staff to deny approval of a minor subdivision located off Gardner Drive near the Wilmington International Airport. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Staffs position is that any proposed division of land meet the access requirements in accordance with Section 65 of the County Zoning Regulations. FUNDING SOURCE: ATTACHMENTS: 7 Pages REVIEWED BY: LEGAL: N1A FINANCE: BUDGET:.N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMISSIONQtS APPROVED ^ ~~~ f~,~~~ REJECTED ^ REMOVED p NED ^ H EAR C`.~ ^ DAT ITEM D NEW HANOVER COUNTY BOARD COMMISSIONERS Request for Board Action June 7, 1999 ITEM # D Number of Pages: 5 Subject: Minor Subdivision Appeal (SA-15, 12/98) Contact: ~ Sam Burgess or Dexter Hayes Staff Summary: Request by Attorney David Barefoot for Buyers, Brokers & Consultants to appeal a decision by the County Planning Staff to deny approval of a minor lot division located off Gardner Drive. . near the Wilmington International Airport. A map of the division proposal is attached. Minor subdivision proposals are reviewed administratively by Planning staff and Engineering staff. Attorney Barefoot maintains that the proposed division of property is exempt from the• requirements of Section 65 of the County Zoning Regulations by reason of prescriptive easement. The Planning staff maintains that any proposed division of land that requires access via easement and does not have an access of record must create a 30 foot access easement in accordance with Section 65 of the Zoning Regulations. Recommendation: The Planning staff's position is that any proposed division of land meet the access requirements in accordance with Section 65 of the County Zoning Regulations. p ~ .. +W+4l ~F rX/M~~~ ~J ~i a"d~~ 1'1~ i'1' ~1~.1®® `0' ~ ~®V11~ 1 DEXTER L. HAYES Planning Duector PLANNING DEPARTMENT 414 CHESTNUT STREET, ROOM 304 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) 341-7165 FAX (910) 772-7868 June 19, 1998 Mr. David Barefoot, Atty. Elks Temple Building 2~~ North Front St. Wilmington, NC 28402 RE: Buyers, Brokers ...(Minor Subdivision Request) Dear Mr. Barefoot: We have received }'our letter dated June 11 relating to the above-referenced subdivision proposal. While tive realize that you. claim a prescriptive easement to the property has existed for many years, this easement does not appear to be an access easement of record. Until recorded documentation is provided or a 30 foot access easement is created to the proposed lots, the County cannot approve the subdivision of property in accordance with Section 65 of the Zoning O.rdinance.. If the above access options are not available to your client, you may «~ant to appeal this decision to the Board of Commissioners. There are no deadlines for appeal. If }~ou choose to appeal, please notify Mrs. Lucie Harrell, Clerk to the Board, in writing Contact me if additional questions arise. My phone number is 341-716. Sinc rely, \ 0 ~ ~ /~ Dexter Hati~es cc: Kemp Burpeau, Asst. Co. Atty. Dave Weaver, Asst. Co. MRr. • 55 S~ DAVID C. BAREFOOT ~, ;; ATTORNEY AND COUNSELOR AT LAW. EL}:S TEMPLE BUILDING ' ~ 25S NORTH FRONT STREET POST OFFICE BOX 1766 ' ~ WILNINOTON, NORTH.CAROIINA 2$302 (910) 762-0255 FAX (910) 762.7877 i May 5, 1999 VIA TELEFAX 1341-4556) and Hand Delivery Mr Dexter Hayes, Director New Hanover County Planning Dept 420 Chestnut Streets Wilmington, N. C. 28401 Re: Application of Buyers Brokers & Consultants, Inc. Minor Subdivision Request NHCo Tax Parcel: R03300-005-008-000 Gardner Drive Wilmington, N. C. 28409 Dear Dexter:. Pursuant to our conversation and my conversation with Kemp Burpeaux this date, please consider this letter as notice of renewal of our appeal to the New Hanover County Board of Commissioners `from your decision denying subdivision approval in the referenced matter, as contained in the letter~to me Letter dated June 19, 1998, which stated that there is no deadline for this.. appeal. This Letter was previously on hold to investigate what issues might be involved in ahe appeal other than the access issue. ' By copy of this letter, I hereby notify Ms. Lucie Harrell, Clerk to the Board, of this appeal and request that she place this matter upon the Commissioe~'s agenda for hearing at the earliest available time and that I be notified of the date 'and time of the hearing. If you ,need any additional information, please contact me immediately. 56 Sincerely, ` ~la~i~.~ ' ; Davi C. re oot DCB/b Enclosure cc: Mrs. Lucie B. Harrell, County Clerk Kemp Burpeaux, Asst. NHCo Attorney Mr. Jim F. Teachey d:lshare'~,zoning199Appea1.504 vim, iw~ 1~~~ .t.~: ~y 9162568473 CLARKT~q~YRLTRS PAGE 02 `,MAY~i2-9e' 9f6=4id ~RaId=DRVtD ~ kiNKbrvvi •.+. • . ~ ~~~~ ~ . STATE Qg N+c~R~3 C~xoLINA~~,~ ~ 2 g~ ~' ~ ~~ ~ co~T o~ ~vST~t~ . ~`~ ~ "~' ,. ~- • '• SLTPE~OR L'`QURT DiVI5YO?~t C4~TY" OF rHA3~tt1VER ~~ `'~~-• 5 58 CVS 115 .~ ;;~.`~~ ~l~l ~i~TOVE~ ~X'Y g`f Al3~PQRT mid hIE'6i~ F~NOV~.~, CeY 3 ~'. ~ • .C 4.dJ.alCii~~ - ~ ~~;~ ` ~ t ~,y„ ~~ Y'f i ,x ~j` V i~ ~ fi~i~ t ''~, ~r.4; ~L~~ ORDER Ri/G~UII~IG ~`~`~~ J.A.tl~S V_ C~..AR~C and R033ERT 3 I'i;A~i+IT~'S ' • ~S'' ~ ~,;,~„~~"~~' ~. T~U,i~SOS~I, ~.^ ) ~iaTION ~O~t I'R.EX,~~SQ. ~4~ ~,feru~~iLs ) II~T3~lNCTION Bps toes ~ 3 . C~~ISi)T.TAs'~F'S, ~G., ) . ~sti~e Defezadant T#zs ma3tez~ cv ast to ~ hea.rc~ before the zu~tl~igned Jul Presiding in tAc Supez~i~r ~~ ~tv2810Ii 0~~~ ~pv~ ~QLET'l~', NOrth CarOtiAa, ts~n pn of the P~~ Acid the Y r8v~iswiag the evidence psesent~ ~uti beaFZS~g tho srgum+e~s of t~tYi13e1 for the pstZies, _ ~~ the fBAdw fiasl~ of'faci: ~ - tip live far.Isd Fo sIioar ~ Izlce~aod that ~tey' will succ~d ~ a ~1 besrzag oar xnai2err_ I`.~' 3,55 t~JEZ3~~$~$3 ~]G~~S: '1. That the T Resta~ir~in~ order prevkoy entered in bus tnaitet' is ~y d•ZSSOIv~ad, . ~ 'Thnt ~?~s shit mav~a the zo~kvay rumnin~ fz~rc Gard 3?tive to the corner of~a ~~C;~:Ig~aLautin t bac1C to its on 1oca.~on wicbia 34 days, 3• Th~~enclants shad hav~the fv1I c~ a~`a~ tb~zee on rosdw~.ys extending frm~ G~Lr~r pcav~ to the ~iciaxu;n and i~'~c~I~ trams `~- ~ 1 the rat to {mprove and mai~ntaia said rc~c3~ays, so . Ian ,~ said izapr©v~euts es~ con5aed min the #~ouudarles of the original r~dways. ~- T1~ order s~I a~ot SPAN to nsry impr~rernenzs rex~uire3 by t$e North Mina. ~'~ ofu wzthzzt its raght ofway for der Drina. 57 5~ ;°) STATE OF NORTH CAROLIN~-I~_ED NEW HANOVER COUNTY 1956 ~SPR -6 A~~1 9~ ~~ IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 98 CVS 01155 NEW HANOVER COUNT ~,~ ~ d~~'."~~ c.s.c. AUTHORITY and NEW ~~~C~ONTy, Plaintiffs vs. JAMES V. CLARK and ROBERT E. THOMSON, JR Defendants BUYERS BROKERS AND CONSULTANTS, INC. TEMPORARY RESTRAINING ORDER Substitute Defendant • This matter was heard by the undersigned Judge at the April 3, 1998 term of the Superior Court, New Hanover County upon Plaintiffs' motion for Temporary Restraining Order pursuant to Civil Rule 65. The Plaintiffs were represented by Assistant County Attorney, Andrew Olsen and Defendants James V. Clark and Buyers brokers and Consultants, Inc. were represented by attorneys David Barefoot and Mark Carter. It appeared to the Court upon review of the complaint and the affidavits and documents in the file as well as the arguments of the parties that the motion should be granted because the Plaintiffs have no adequate remedy at law, there is a reasonable apprehension of irreparable loss if Defendants continue to expand existing driveways and engage in construction upon the properties of the Plaintiffs, and there is a likelihood that Plaintiffs will prevail on the merits; arid further, that the Defendants consent to a hearing on preliminary injunction being set for the April 20 session of this Court. It is therefore ordered that: 1. Defendants, and each of them, or their agents or employees, are enjoined and restrained from continuing to construct, enlarge or in any way expand the driveway as currently constructed running across Plaintiffs' property from Gardner Drive to the McClain- Buyers brokers and Consultants, Inc. (Tract 8) property. 2. Defendants, and each of them, or their agents or employees, are enjoined and restrained from constructing, enlarging or in any way expanding any driveway as currently situated running across Plaintiffs' property from Gardner Drive to the McLaurin-Clark (Tract 9) property. VIOLATION OF THIS ORDER MAY BE PUNISHABLE BY CIVIL OR CRIMINAL CONTEMPT ?'_ ,p This the ~ day of yC~~' 1998. Ernest B. Fullwo~d . ,_'~ Judge Presiding "" ~ ~ 59 ~~,~ _ - . [This page intentionally left blank] ,, 6Q ~`) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 7.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item 5: Zoning & Subdivision Text Amendment (Continued Item) -Army Corps of Engineers (A-275, 12196) BRIEF SUMMARY: Request by the Army Corps of Engineers to approve amendments requiring the delineation of Federal jurisdictional wetlands on all preliminary subdivision site plans. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: 4 Pages REVIEWED BY: LEGAL: NIA FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMISSIONERS APPROVED D RE~ECt~o v REMC3VED D : i 1 POSTPONED D HEARD ^ DATE ...---- ITEM E A-275., 12/96: Consideration of a Requirement to Include the Delineation of Federal Jurisdictional Wetlands on All Preliminary Plans The following amendments would require that all future preliminary subdivision plans' delineate Federal jurisdictional wetlands. The amendments are intended to make developers and property owners more fully aware of the extent of wetlands and what permits might be needed before construction begins in these areas.' Oftentimes, the full extent of the location of jurisdictional wetlands is not known, and on occasion has resulted in the fill, destruction or alteration of the wetlands without proper authorization from the Corps. In some cases, the unauthorized work has been intentionally carried out: Where this has happened, projects have been ordered to cease and desist until mitigation or remediation has been effectuated. Obviously, this can be a costly process; not only in money, but in time as well. Not only would an earlier identification of these areas prevent an unintentional destruction or fill of wetlands, it has also been suggested by the Corps, and Staff agrees, that earlier ' identification would be beneficial in designing stormwater management. plans, required by local or state authorities. Until the County commits to acounty-wide drainage management plan, it would be more prudent to utilize a site's natural drainage areas for stormwater managment rather than converting them to building lots. The current review process makes it much to easy to lose these areas often ignores these natural wetland areas that could be utilized for drainage. These amendments are not intended to impede the development process, but to ensure that development occurs with the least impact possible on the area's rapidly dwindling wetlands with the best designed plans. Proposed Amendments to the Zoning Ordinance Revise Section 51.5-2 Performance Residential by adding subsection 14 to read: ~ - 14. The delirieatiori acid surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands. Revise 69.2, Site Plan by adding subsection 25 to read: 2~ The delineation and surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands. Revise 69.4, High Density by adding subsection 14 to read: 14. The delineation and surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands. *Subdivision Ordinance lZe"vise~'~Sectionn32-f^2^~Contents of the Preliminary Plan, by adding subsection 21 to read: 4x.. •a/FvVDry.rkvOG.~• 0 LVd v Q ~~13~ 21 ~The~'de'leaty on and surveyed lines of Corps of Engineers Section 404 and Section 10 6 2 We~tlands~~,~~ ~~~~ C~~G~l ~~ ~'~~] Revise 69.2, Site Plan by adding subsection 25 to read: 2~ 7~re delineation acrd surveyed litres of Corps of Engineers Section 404 and Section 10 Wetlands. Revise 69.4, High Density by adding subsection 14 to read: 14. The delineation acrd srrn~eyed lures of Corps of Engineers Section 404 and Section 10 Wetlands. Subdivision Ordinance Revise Section 32-2, Convents of the Preliminar-~ Plan, by adding subsection 21 to read: 21. The delineation acrd surl~eyed lures of Corps of Engineers Section 40=1 acrd Section 10 Wetlands • ~ 63 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN RELY REFER TO Regulatory Division Miscellaneous Correspondence Mr. Bill Caster, Chairman New Hanover County Commissioners 320 Chestnut Street, Room 305 Wilmington, North Carolina 28401 Dear Mr. Caster: April 26, 1999 Thank you for your courtesy and attention extended to Mr. Ernest Jahnke, of my staff, in permitting him to speak as my representative to the New Hanover County Commissioners during your March 18, 1999, wetlands workshop. As a result of that meeting, you requested that I reaffirm the Wilmington District Corps of Engineers' support of our recommendation to have New Hanover County adopt a planning ordinance requiring a surveyed wetland delineation, verified and certified by the Corps, on all preliminary subdivision plans submitted for approval to the Ne~v Hanover County Planning Board. Also, please refer to my previous letters dated July 18, 1997, and July 15, 1998, on this matter. Wetland determinations are important early in the site planning process to identify areas that may need special consideration in the planning process. By knowing the location and extent of wetlands within a property boundary, the developer has an opportunity to plan around wetlands and avoid later peizriit delays and costs. tiJhen present, the county's designated Class IV soils affect density determinations. A delineation helps identify these wetland soils, thereby assisting both the developer and the plan reviewer in making these determinations. Coordinating •with the Corps early in site planning allows the proponent to investigate alternatives that may eliminate the need for a permit entirely or at least reduce the level and complexity of the permit process. These considerations can result in savings of time and money to the developer and ultimately reduce costs to the subsequent home buyer and taxpayers. ~,. For the past few years, the county has been addressing water quality, flooding and drainage problems associated with recent rapid development. Wetlands provide natural functions important to these processes. The benefits of wetlands to these functions have been pointed out in my previous correspondence with the Commissioners on this subject. Utilizing the natural 64 benefits of wetlands in site planning can reduce expenditures of taxpayer money to construct • • -2- engineered solutions to maintain water quality, handle storm water, and address flooding .problems in New Hanover County. I understand that developers having options to buy property can submit preliminary plans for review and they do not have to commit to purchasing the land until they have assurance that their deve oprnent plan is acceptable. The Corps realizes the practicality of this approach to investment and development and does not want to add to the cost of a preliminary plan that may not be approved. Because of this, our amended recommendation is that the New Hanover County Commission approve an ordinance similar to that of Brunswick County's which reads, "..:An approximate delineation of wetlands at preliminary plat stage and surveyed delineation of Federally regulated vretlai~ds at final plat stage are required in major subdivisions. Staff shall . receive documentation from the Corps of Engineers of wetland delineation to go in file.'' I believe this maybe acceptable to~development interests. Adoption of this recommendation will develop a partnership between New Hanover County, development interests, and the Corps of Engineers that promotes responsible development while considering impacts to our natural environment. The Commission's consideration of this recommendation is appreciated. Please notify Mr. Jahnke, if any further information is desired on this issue. He can be reached at telephone ...(910) 25.1-4467. Thank you far your attention to this matter. . Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer • Copies Furnished: Mr. Dexter Hayes, Director Mr. David Weaver New Hanover County Assistant County Manager Planning Office County. of New Hanover 414 Chestnut Street ~ .320 Chestnut Street -Wilmington, North Carolina 28401 Wilmington, North Carolina 28401 65 66 O NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Regular Item #: 8 Estimated Time: Page Number: Department: County Manager Contact: Dave Weaver Presenter: Dave Weaver SUBJECT: Consideration of selection of engineering firm for the design of Mason Inlet relocation project. BRIEF SUMMARY: A review group of County officials, including Chairman Caster, will have listened to presentations and examined Qualification Packages from two engineering firms interested in the project for the design and construction of the relocation of Mason's Inlet, prior to the June 7th Board meeting. The two firms are McKim and Creed (teamed with Olsen and Associates from South Carolina), and Applied Technology Management (ATM), which has a local office. Because this project is on a tight time schedule and because the review group was not able to review the different firms before Friday, June 4th, staff will not be able to make a recommendation to the Board until the June 7th Board meeting. Please note that the Qualification Packages were sent to the Board on May 25th under seperate cover. RECOMMENDED MOTION AND REQUESTED ACTIONS: • As stated above, staff will make a recommendation at the June 7th meeting. The Board will be requested to direct staff to negotiate a contract with a specific firm and to authorize the County Manager to sign that contract and approve related budget amendment after negotiations are complete. FUNDING SOURCE: Room Occupancy Tax Fund, with reimbursement to come from special assessments from property owners at Figure Eight and the northern end of Wrightsville Beach. ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S MENTS AND RECOMMENDATIONS: Consider selection. COMMISSIONERS' AC ONS/COMMENTS: COUNTY COMMIS IQNERS APpROVEO REJECTED D R~MOVEd D G PQSfiP©NED D V HEARD O ~~ DATE -! ! .~~~--~--~ ~~-~'' [This page intentionally left blank] ~ ~ . Y'^~ a'r['ty~l"~f~ p~h ~~ 4.-~'Yl' .i S c ~ 6 ~ V ~ ~~~J°YVCi ~~~~ ~~~ ~ .i b ~Gv~ !1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date: 06/07/99 Regular Item #: 9 Estimated Time: Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal SUBJECT: Consideration of Pledge for Institute of Government Expansion project. BRIEF SUMMARY: The N.C. Association of County Commissioners and the League of Municipalities have each committed $50,000 to the Institute of Government expansion project. Local governments are being asked to support the project with a pledge. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW Consider pledge and direct • MMENDATIONS: COUNTY. COMMISSIONERS ~~ ®~ APPROVED ^ c: ~~ IL REJECTED ^ ~~ ~ / Doti REMQVED ^ / b~cR ~ 9 POSTPDNEO ~ HEARD D ,~/,l DATE 6~~ ~Q~ ~ ~OPZN CAgp~~~ •~ 0 ;t~'`r~. W ao .~. a y0A COUN'~~ GO North Carolina Association of County Commissioners North Carolina League of Municipalities cL ~',. ~,f,. , ~~~ rX ba`,:: ~ ,~ \~. May 12, 1999 -{ ., 70 Dear County and Municipal Officials: North Carolina cities and counties are widely recognized as among the best in the country. Having the expertise and counsel of the In~;titute of Government is a major reason for our outstanding, nationwide reputation. For nearly seven decades the Institute has partnered with us in improving North Carolina local government. The faculty and staff are available whenever we need them. They help us to answer pressing questions, produce publications, and offer seminars on emerging issues. We are writing to ask you for your special financial support. Many of us encouraged the General Assembly to appropriate money for the renovation and expansion of the Institute's home, the Knapp Building. In 1997 and 1998, they allocated just over $15 million. Increased construction costs caused by a number of factors, including a glut of construction projects in the Triangle, means that the appropriation will not cover the full cost of the project. The Institute has modified the building design to'reduce costs, but now it must raise approximately $4 million from other public and private sources to complete the project without losing important functional spaces. Now the Institute needs our hel The Institute is renovating and expanding its facilities to ensure better services for local officials. New classrooms, up-to-date technology, dining facilities, and increased parking are just a few of the improvements. With these benefits in mind, cities and counties are asked to contribute some of the funding needed to complete the project. The League and the Association have each committed $50,000 as a kick-off gift for this city-county campaign. We ask that each local govern»lent consider joining the campaign with a pledge equal to your annual Institute of Government membership dues. A pledge card is enclosed. This special contribution may be paid in a single installment or divided over the next three years in any configuration that fits your budget. Our goal is 100% ~participatiorir'fromPa'11 League and Association members for a pledge total of nearly $900,000,: ~~~;~~~, ~ ~ s ""U~ '1 r ~ 7N~~/J ~/1en~orar~dum O !! {{ f. ~'~ North Carolina Association of County Commissioners ~yo~ `v~ Mailin Address: P. O. Box .1488, Ralet h, NC 27602-1488 , .. S _,._ ~ouNn' Street Address: Albert Coates Local. Government Center, 215 N. Dawson Street, Raleigh, NC 27603 ~' Telephone: 919-715-2893 • Fax: 919-733-1065 • Email: ncacc@ncacc.org Home Page Address: http://www.ncacc.org . To: County IVTanagers From: C. Ronald Aycock, Executive Director Date: May 20,1999 Subject: Institute of Government New Building Pledges . This memo is in reference to the letter we mailed on May 12, 1999 asking for pledge donations to help the Institute of Government with their renovations. We inadvertently omitted the pledge ` ~ cards with the first mailing. We are now providing you the pledge cards and an information sheet on the renovation. We are confident that you will help us to reach our goal of 100% participation from our counties. Thank you in advance for your support in this matter. ' 71 ~:t~y "' n ~ ao ,~. y o`t' ' O~ COUNZ~ G North Carolina Association- of County Commissioners 'North Carolina- ~ , League of Municipalities May 12, 1999 - . ,, Dear County and Municipal Officials: North Carolina cities and counties are widely recogrwized as among the best in the country. Having the expertise and counsel of the Institute of Government is a major reason for our outstanding, nationwide reputation. For nearly seven decades the Institute has partnered with,us in improving North Carolina local government: The faculty and staff are available whenever we need them. They help us to answer pressing questions, produce publications, and offer seminars on emerging issues. We are writing to ask you for your special financial support. Many of us encouraged the General Assembly to appropriate money forthe ren~wation and expansion of the Institute's home, the Knapp Building. In 1997 and 1998, they allocated just over $15 million. Increased construction costs caused by a n~.inrber of factors, including a glut of construction projects in the Triangle, means that the appropriation will not cover the full cost of the project. The Institute has modified the building design to reduce costs, but now it must raise proximately $4 million from other public and private sources to complete the project without losing important functional spaces. Now the Institute needs our heI . The Institute is renovating and expanding its facilities to ensure better services for local officials. New classrooms, up-to-date technology, dining facilities, and increased parking are just a few of the improvements. With these benefits in mind, cities and counties are asked to contribute some of the funding needed to complete the project. The League and the Association have each committed $50,000 as a kick-off gift for this city-county campaign. We ask that each local government consider joining the campaign with a pledge equal to your annual Institute of Government membership dues. A pledge card is enclosed. This special contribution may be paid in a single installment or divided over the next three years in any configuration that fits your budget. Our goal is 100°Io participation from all League and Association members for a pledge total of nearly 900 000. 7'2 :. r~ 2 In return for our help, the Institute will dedicate an entire wine of the new building in ..permanent recognition of North Carolina Local Government. Participating counties and cities will receive individual recognition in the form of special markers within this wing. This is a wonderful opportunity to create a tangible symbol of our enduring partnership with the Institute of Government. We encourage everyone to participate in this important fundraising effort that will benefit cities and counties for years to come. Sincerely, ~~ '~C. Ro ald Aycock Robert G. Greer Ellis Hankin~ Lucius Jones Executive Director NCACC President Executive Director NCLM President NCACC NCLM 73 Building for the Millenium -- City anal County Campaign• for "North Carolina Local Government Wing" at the Institute of Government , In 1998, the North Carolina General Assembly completed approval of $16.1 million for renovation and'expansion of the Knapp Building, home of the Institute of Government. Construction began in mid-1998 and will continue until 2002. When the construction is finished, • Space will. nearly double, from 65,000 square feet to 119,000. • New and renovated classrooms, which can be arranged in.a variety of configurations, will hold more than twice the . number of public officials wtio attend classes in the current building: Two two-story classrooms in the new southwest wing will feature sophisticated audiovisual equipment to accommodate slide and video presentations for participants. One of these classrooms seats 170 people, the other seats 112. • A multimedia computer lab seats 15. When funds allow, a second room also will be configured for use as a •lab. • Other new features include a 125-seat dining room, two-story library, and atwo-level parking deck for class participants. • The new building will be handicap-accessible throughout. • An advanced telecommunication system will connect rooms throughout the facility to fhe Internet and other computer networks. • Two message centers with phones • An expanded Institute bookstore • A landscaped central courtyard A New Environment to Promote Interaction For years, clients have eaten at tables and chairs along narrow, noisy corridors. A new dining room will enable class participants to talk and compare experiences more comfortably, building networks of professionals. An expanded array of classroom sizes and configurations will give instructors greater flexibility to meet the learning needs of students. With the capacity to hold more events in-house, the new facility will encourage more contact between faculty and clients. Another goal of the renovations is to maximize clients' time at the Institute; during breaks, clients will be able to contact their offices more easily, pick up messages at a central location, or connect to the Internet. If additional private funds are identified, the Institute will outfit a videoconference classroom to provide greater opportunities for distance education. - , , _ :_ ;, ;, _ . - - _~ -^W~--r Jam. ~~~.__ -- `- a~ Ji? Exterior view of the new four-story southwest wing. "North Carolina Local Government Wing" at the Institute of Government The Southwest wing, available to be named in honor of North Carolina Local Government, is the only 4-story wing in the Knapp Building. The frst, or basement,-level holds the new publications warehouse; staff offices and a conference room, The main floor (levels two and three) features athree-story, skylit Galleria and three large classrooms, The fourth floor contains faculty and staff offices, a classroom, and two alcove libraries. . . w ~s-- =--~--~_°_-~^~-~- -may- -- -- -_ ___-=___=_- h..~r e..n.....,,, l~_ '~' ~ ~_ _~j:_---~1 `~ - - - ~'_~ i 0 _ O _ _ v ~, Gam- O ~ - ~-~~ ~^ `~ ~ _~ (® ~ - 2,4~'~ ~2 = ~ ~ ~ -- /~ ~ ~ ; ~ ~ i ~;: -tom --- C~ !C ~- - ~ _ ~ , CV e' ~ ~ ~ s~_~ ~ ~ i n a«,re ~'.g. ~i- ~ - ' ~ ems.. I , ~s ~u`- -----. _ _ --- ~ d _ . ~-- "-.. •. - ~ w 3~Oa - CROcs SECTION ~ ~ •~ __ ~J w.~...a _ Cross section view of Galleria in the southwest wing. ~ Galleria and Classrooms (Levels 2 and 3} •The soaring three-story Galleria hall will provide a grand meeting space for visitors to the Institute of Government. .Connecting-the existing Southeast wing with the Institute's largest new classrooms, the carpeted Galleria will feature . rustic the borders, large tree planters, two red oak beverage stations, and conversation seating areas. Three 10'x20' Evergreen glass skylights will bring natural light to the spacious area, Eighfof the Institute's historical' murals now hanging in the auditorium will be on permanent exhibit in the Galleria with a ninth mural displayed at the entrance between the 170-seat and 112-seat classrooms. A third classroom is located' at the south end of the hall. At the north end, an open staircase will lead to the upper seating sections of the largest two-story classroom. A message center is located between the large classrooms, Rest rooms and elevator are located nearby in the adjacent wing. °~: ~ _° aI i 1 ii I~; ~I o ~---= ,1 o- i___ 4,~ . ~:_ . _~ ,9~ A S ,~ _;. ., ~~fl ! - i 75 Floorplan of Galleria and classrooms. NEW HANOVER COUNTY BOARD OF GOMMiSStONERS REQUEST FOR BOARD ACTION , - Meeting Date: 06/07/99 . Regular Item #: 10 Estimated Time: Page Number: ' Department: Governing Body Presenter: Chairman Caster ' Contact: Chairman Caster SUBJECT: Letter from City of Wilmington Mayor Hamilton Hicks BRIEF SUMMARY: Chairman Caster received the attached letter from Mayor Hicks on May 17, 1999. He would like there to be discussion from the entire Board prior to any response being made to the letter. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COM S A D RECOMMENDATIONS: Discuss letter and response COMMISSIONERS' ACTIONSlCOMMENTS: COUNTY COMMISSIONERS APPROVED ^ ;REJECTED ^ -~ REMOVED o 7 7 - ppSTPONED C7 HEARD t~('~.~, ®ATE ~f ~.~/ May 17, 1999 HAMILTON E. HICKS, JR Mayor KATHERINE B. MOORE Nlaycr Fro-Tem. COUNCIL fviEfv1EERS FRANK S. CONLON J.C. HEARNE, II HARPER PETERSON JIM QUINN CHARLES H. RIVENBARK, JR Mr. William A. Caster Chairman New Hanover County Commissioners 320 Chestnut Street, Room 305 . Wilmington, NC 28401 Dear Bill: Thank you for your letter of May 3, requesting that the two elected bodies meet to discuss the consolidation"issue and''certairi. government functions in detail. The Council passed a Resolution on April 20, 1999, a copy of~ which is enclosed, supporting consideration of consolidation, but with specific and different parameters from what you are' proposing. It calls for the Wilmington City Council and the New Hanover MARY M. GORNTO County Board of Commissioners to jointly appoint a study team of City Manccer professional public administrators or professors .to study. the- issues • .. THOMAS C. POLLARD and report back to the respective elected bodies. Furthermore; it is clty Attorr:ey the intent of the resolution to wait on the completion of a second . . UNCW forum which will be on the merits and problems of PENELOPE SPICER-SIDBURY unification of redundant functions. As there was a forum a few City Cle~~:. weeks ago at UNCW solely on the experiences of consolidation, the purpose of the second forum, which is in the works, is to offer the public a balanced picture of both options. It is interesting that the subject of a joint meeting and other issues, such as planning, parks, and water and sewer, arises almost immediately after the last phase of annexation. As you will recall, I brought up the issue of merging planning and parks last year when you and I started to have regular meetings along with the managers. Aiso, the city offered an Interlocal ~~P;. ° 1' ' b '~''~~¢ Agreement to the county on water and sewer operations, but it was City of Wilmington L; ~~,~N,~~~~ ever acted on. This Council has made it clear that it would not be City Hall n Post Office Box 1810' '4I~'~~ in the best interest of the city residents to relinquish ownership of W~i~ton, North Carolinav~~~;~!I~~ ~u 980 41r-7815 ~ ~ '~~~~~'t~' ~4;'~~- ~i1c Legion Stadium, as it would seriously impact the management aspects of our recreation program. Therefore, it is not appropriate to schedule a joint meeting of the two boards at this time due'to the intent of the Council's resolution, which should be implemented with good faith. Our respective budgets should be the top work priority, with no other major issues getting in the way. I would, therefore, recommend that you appoint a commissioner to work with Councilman Frank Conlon on achieving the objective of his motion. It is a good, thoughtful process that will continue the dialogue on consolidation from the citizen's perspective, not that of political bodies. Sincerely, ~~ .2s,~ . Hamilton E. Hicks, Jr. Mayor • Attachment cc: City Council County Commissioners City Manager ,~-. County 1~1~n~i~ger City Attorney County Attorney • 79 Resolution Ciry Council ' - ITEM. ~ 0 ~ ~ - City of Wilmington R3 -• -~ ~ ~ u b S~ ~ t~ North Carolina Introduced by: Frank Conlon, Councilman April 20, 1999 - A.RESOLUTION OF THE WILMINGTON CITY COUNCIL . SUPPORTING THE CONSIDERATION OF CONSOLIDATION OF WILMINGTON/NEW HANOVER COUNTY ~ ~. ~ - - - `~ ~ ~ i1 -~i LEGISLATIVE INTENT/PURPOSE: ~ ~~" mo' WHEREAS, New_Hanover County is one of the smallest and most densely populated and Imo--~ urbanized counties in North Carolina; and ~ °J ~, , m _ ~ ~ WHEREAS, it is the responsibility of elected officials to provide the best system of ~ ~~ government to provide quality and efficient urban services, tax equity to citizens and C m financial stability for present and future government operation; and ~.. ~ 0 WHEREAS, the University of North Carolina at Wilmington recently hosted a one day `'Forum on Consolidation" to explore the merits, deficiencies and implications of \ / consolidation, as experienced in other jurisdictions; and . WHEREAS, over 300 citizens of New Hanover County attended this forum to become better informed on this issue; and WHEREAS, a similar forum will be held in late May 1999 to e,cplore the.merits, deficiencies and implications of unifying redundant functions of city and county governments experienced in other jurisdictions and studies; and WHEREAS, it is appropriate for elected officials to respond to the interests and desires of their citizenry; and WHEREAS, Article 20 of Chapter 153A of the North Carolina General Statutes authorizes counties and cities to adopt concurrent resolutions to establish a governmental study commission to study the consolidation of a city and county; and WHEREAS, the County of New Hanover has passed a resolution on March 8, 1999 to establish a governmental study commission to consider consolidation; and 80 WHEREAS, the North Carolina General Statutes Chapter 160A-460 and following contain provisions allo~vina interlocal agreements between cities and counties for joint undertakings or to jointly perform any functions which cities and counties are otherwise authorized to perform. RESOLVED: 1. The Wilmington City Council and the New Hanover Board of Commissioners jointly appoint a study team of professional public administrator(s) or professor(s) of public administration not associated with either governing body to: a) identify the objects of consolidation; b) study existing City and County structure, responsibilities, systems, taxing authorities and structures, etc. to determine if the objects of consolidation are feasible and desirable with the stipulation that the senior law enforcement officer for a consolidated government be appointed by the new governing body and be responsible to the new government manager; c} identify the objects of functional unification; • d) determine the merits and feasibility of unifying selected and appropriate functions, departments of staff segments which are redundant; e) at least by implication consider the merits of retaining the present systems of governments; f) report the findings and recommendations of paragraphs (a) through (e) to City and County elected officials to be followed by a public hearing at which time the report will be presented to the citizenry; g) in the event that consolidation appears the optimum course of action, assist the body to be appointed by the two current governments in developing a mission statement, structure; organizational elements and other details of a consolidated government; exploratory visitation to existing consolidated governments; and, possibly, in drafting a referendum for eventual presentation to the citizenry; h) on the other hand, if consolidation does not appear to be the optimum, submit recommendations as to which elements of the two governmental bodies are prospects for unification. • 81 2. The communities of Wrightsville Beach, Carolina Beach and Kure Beach are invited to join in reviewing the report of the study team to see if they wish to participate in any subsequent action. Hamilton E. Hicks, Jr., Mayor Adopted at a regular meeting on April 20 , 19 99 . ~ ,, ATTEST: ~~ .~;~ . 4 ,^ ~ ' ~~J~, r ~~ _~- ~ s ~.- City Clerk r ,\.,,. 1i 39 ~_ . ~; ; . MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING 316 PRINCESS STREET June 7,1999 6:30 p.m. ITEMS OF BUSINESS PAGE NO. 1. NON-AGENDA ITEMS (limit three minutes) 83 2. Approval of Minutes 85 3. Consideration of Request for Acceptance of Water Distribution System 87 North County Square 4. Consideration of Reimbursement for Oversizing Water Line West Bay- 89 Murrayville System 5. Consideration in Cost of Sewer Line Construction 91 6. Consideration of Resolution that New Hanover County will receive no raw 93 Sewage, no form of wastewater from any source located outside the established boundaries of New Hanover County ADJOURN ~ 83 .[This page intentionally left blank] 84 ~ NEW HANOVER COUNTY BOARD OF COMMfSSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 ° Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body .Presenter: Lucie F. Harrell Contact: Lucie F. Harrell • SUBJECT: Water and Sewer Agenda -Minutes BRIEF SUMMARY: Approval of minutes for the Regular Meeting held on -May 3, 1999. RECOMMENDED MOTION AND REQUESTED ACTIONS: " Approve as presented. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS: ` Approve minute .. COMMISSIONERS' AC IONS/COMMENTS: COUNTY COIViMI j~lt~l~i APPROVEp C~ RE3~~'-.~~'~ ~ t R~»".. p PC" ~~ ~ ~' i. t?kTE G [This page intentionally left blank] .~ . F'i~ S~y~yQy~ .Xi 86: 6. i e ~ ,'~_~ .~ t ,r ~, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Water & Sewer Item #: 3 Estimated Time: Page Number: _ Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: ` Request for Acceptance of Water Distribution System North County Square BRIEF SUMMARY: Staff has received a request from Dean Potter for water service and acceptance of a water distribution system which will serve sixty-four (64) lots.. The proposed subdivision will be located in the. Wrightsboro area (see attached map) and would connect to the water system constructed by Conoco. Per our contract with Conoco, they would receive X600.00 of the water development fee. RECOMMENDED MOTION AND REQUESTED ACTIONS: Rrecommend approval of the request to accept the water lines and provide water service for the referenced project. FUNDING SOURCE: _ ~ NA" , ATTACHMENTS: Location Map . REVIEWED BY: . LEGAL: NIA FINANCE: Approve BUDGET: HUMAN RESOURCES: NIA COUNTY MANAGER' Recommend approval. r MMENDATIONS: COUNTY COMMI", D~t~ERS APPROVED REJECTED O Q REP~Q'~~ED O V PO t~-L,~4~D ^ NEARI~ p QATE ~ ~~ .... i PROPOSED 65 LOT WATER SYSTEM ,') IN WRIGHTSBORO AREA l.~' ` Np P ~~~~ $$ ~ N'EW HANOVER COUNTY ~~, ~~: _' ,~ . "MAP NOT TO CALE MAY 24, 1999 N E S ,.ucniOAN DR 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RE4UEST FOR BOARD ACTION Meeting Date: 06/07/99 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: Reimbursement for Oversizing Water .Line West Bay-Murrayville System BRIEF SUMMARY: Dallas Harris plans to construct a water line connecting the District's Murrayville water system to the West Bay water system. This water line is necessary for the expansion of his West Bay project. An eight inch line is required but a ten inch line will best serve the overall District system. This will interconnect the District water system from the West Bay area of Ogden through North Chase to the Wrightsboro system and will provide a more dependable water system. The estimated cost of the eight inch and ten inch lines is $53,220.00 and $62,940.00 respectively with the difference of $9,720 to be paid by the District. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the District reimburse Dallas Harris the cost difference between the eight and ten inch water lines with the maximum amount being $9,720.00. FUNDING SOURCE: Water and Sewer District ATTACHMENTS: REVIEWED BY: LEGAL: NIA FINANCE: Approve BUDGET: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDAT Concur with County Engineer's recommendation above. COMMISSIONERS' ACTIONS/COMMENTS: HUMAN RESOURCES: N/A >rAUNTY COMMi A~+PROVE© ~ .REJECTED ~ i REMOVED ^ POSTrONED ^ ~/ , [This page~~intentionally left blank] . ~3 ~~~~~ 90~ ~ ~ ~,. 4: ~~~~ ~J NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Water & Sewer Item #: 5 Estimated Time: Page Number: . - Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard , SUBJECT: ,Participation in Cost of Sewer Line Construction BRIEF SUMMARY: Staff has received a request from Superior Homes for partial reimbursement of the extension of a main sewer line along an unnamed road connecting to Channel Haven Drive North (see attached map for location). The sewer line was constructed to serve a lot which Superior Homes plans to build on. Three other lots including an existing home will also be served. This line should have been included in the Phase II sewer expansion, but was over looked. The total cost of the line is $15,175.00. The cost to the District would be $11,381.00 with the remaining being the developer's cost. RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ . ` _ Recommend that the request be approved in the amount of $11,381.00. 'FUNDING SOURCE: Water and Sewer District ATTACHMENTS: Location Map REVIEWED BY: ~ . LEGAL: NIA .FINANCE: Approve BUDGET: HUMAN .RESOURCES: N/A. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:. Recommend approval. COMMISSIONERS' CT COMMENTS: . ~ r..ouly~ roMMissloN~s " • .. APPKOVED ` ~ .. ~ REJEC r ED ^ REI'or ,-~ ~, 91. Pay . ;:: ~ ~. ~~ HEAi~u ^ , i~ ~. uJ DATE ~~~ PROPOSED SEWER LINE EXTENSION OFF OF NORTH CHANNEL HAVEN DRIVE r~ loT ~~ f92 .. ~'"°MA~P NOT TO SCALE MAY 26, 1999 E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT10N Meeting Date: 06/07/99 Water & Sewer Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Consideration of Resolution that New Hanover County will- receive no raw sewage, no form of wastewater from any source located outside the established boundaries of New Hanover County.. . BRIEF SUMMARY: Mr. Steve Vosnock, a Castle Hayne resident, proposed the New Hanover County Board of Commissioners support the resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS: Consider the req~es~ . ~. COMMISSIONERS' A`CTI (COMMENTS: COUNTY COMMISSlQNERS APPROVED ^ / P REJECTED ~/ I~EMO'~`~ 0 9 3 . ~ -•~'! r POS:`~~~~E~~_D ^ . .HEARD ^ DATE ~~,~.(~..~,.,~ ~~ RESOLUTION NEW HANOVER COUNTY BOARD OF COIvIIVIISSIONERS BE IT RESOLVED: NewHariover-County will receive no raw sewage,.no form of wastewater from any source located outside thee. established boundaries of New Hanover County. Adopted this the 7`i' day of June, 199 ` New Hanover County Board of Commissioners William A. Caster, Chairman ~. ATTEST: Lucie F. Harrell, Clerk to the Board • ,n ~~ ~~ ,, ,8 ~`~`~ ~~~~~~~ ~~" 4 ~'~~ ., *~ ~' CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS June 7,1999 ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 97 2. ,Approval of Office of Juvenile Justice (OJJ) Funding Recommendations, FY 99-00 99 3. Approval of Governor's Crime Commission Grant from Communities. That Care 103. 4. Acceptance of Disaster Grant Funds from division ofAging and Title IV , 109 5. Approval of additional $900 reimbursement for emergency dune restoration to 115 . The Town of Carolina Beach 6. Adoption of Resolution to request the addition of roads in Turtle Hall Harbour .117 ~~ Subdivision to the State System 7. Approval. of Library Advisory Board Bylaws 121 8. Approval of Budget Amendments 8.1 #99-41 for Northeast Branch Library Capital Project 1.27 . 8.2 #99-42 for Federal Forfeited property Capital Project ~ ~ 128 8.3 #99-0163 for Aging/Senior Center 129 8.4 ~ #99-0181 for Social Services/Child Day Care 130 96 NEW HANOVER COUNTY BOARD OF COMM1SS10NERS : REQUEST FOR BOARD ACTION . Meeting Date: 06/07199. Consent Item #: 1 Estimated Time: Page Number. Department:. Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: ~ ' Approval of .Minutes 'BRIEF SUMMARY:. Approval of minutes for the Regular Meeting of May 3, 1999. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve as presented. . FUNDING SOURCE: . ATTACHMENTS:. LTEM DOES NOT REQU/RE REVIEW .~ COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS: Approve minute , /+f'1AAAAi G~NI/"1 LI ["1'] 1 A TIl1-I[+//'~/YAAAAC'\ITL~. COUNTY COMMI~IONERS APPR0~9ED C~~1'' RCs:~...~_M~ p REr:i;`~' ~ O POS i FONED p HEARD p DATE ~.,~~' .:., J ",jiJ4i:C~~.r ~udlvr t~ni1tN a.. i]IIwt ., ~ ~ ~. ~/~ NEW HANOVER COUNTY BOARD OF COMMISSION REQUEST FOR BOARD ACTION ERS f~ Meeting Date: 06/07/99 Consent Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Andy Atkinson, Ted Davis Contact: Andy Atkinson SUB--JECT: Office of Juvenile Justice {OJJ) Funding Recommendations FY 9 - BRIEF SUMMARY; ~ 9 00 As of January 1999, the Board of Commissioners established the Juvenile (JCPC) as required by the new Juvenile Justice Reform Act. The JCPC has been workin to develop criteria for needed services and then to recommend where Crime Prevention Council These OJJ funds replace the Community Based Alternatives (CBA) dollars that have g since that time past. In addition, the State allocated "formula" funds in the amou OJJ funds should be allocated. recommendations of the JCPC are detailed in the attached memo.t of $116,877 to the Cou tya'Thee in the RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of County Commissioners approve the allocation of OJJ table in the attached memo. Direct the Budget Officer to include the allocato funds as outlined in the FY budget. n m the County's 1999-2000 FUNDING SOURCE: Office of Juvenile Justice (State) in the amount of $418,800. There are n o County funds required. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCE S. N/A • COUNTY COMMISSIONERS aPPRO~vf~~ ~ RE.f~" _~~~ ~7 ~ POS f ~=v{`dED ^ DATED.~1.~.~_~.. MEMO TO: The New Hanover County Board of Corrunissioners FROM: Andrew J. Atkinson, Deputy County Manager ,~~--' DATE: May 17, 1999 SUBJ: Juvenile Crime Prevention Council (JCPC) Funding Recommendations As of January 1999, the Board of Commissioners established the JCPC as required by the new Juvenile Justice Reform Act. The first`order of business for the new JCPC was to develop recommendations on what agencies to fund with the Office of Juvenile Justice funds.. There are two separate components to the total funding of $418,.800. The old CBA funds amounted to $301,923; in addition, the County will receive $11:6,877 in what is called "formula" funds. . In order to determine recommendations for funding, the JCPC, first, had to establish a priority of needed services. The JCPC determined the following to be the most needed services, listed in priority order: 1. Psychological services 2. Restitution/Community Services 3. Day Reporting Centers 4. Home Based Services 5. Drug Treatment 6. Parenting . 7. Sex Offender Treatment Requests for proposals were sought in March. The JCPC received ten (10) grant requests totaling over $900,000. After several review meetings, and presentations by four of the agencies, the JCPC is recommending funding for fiscal year 1999-2000 to those agencies listed on the following table. --~~~ 100 ~ ~ . ~, ~d; ~~ 0 Board of County Commissioners Funding Recommendations of the JCPC May 17, 1999 Page 2 Of 2 • Name of Program requesting Funds Needed Svc Area Amount Requested Amount Recommended Juvenile Psych Svcs 1 $85,894 $85,894 Juvenile Restitution 2 $120,147 $105,000 Teen Court not in top 7 $34,044 $p Pathways Program 3 $272,103 $127,906 Intensive Family Based intervention 4 $100,000 $100,000 Adolescent substance Abuse - outpatient 4 $95,790 $0 Adolescent Intervention & Treatment 4 $52,634 $p Project 1" Stop not in top 7 $19,364 $p Methodist Home not in top 7 $129,000 $p Brigade Boys & Girls Club not intop 7 $14,260 $p While we regret that we couldn't fund more of these programs, we believe we have taken- a tremendous step in beginning to meet some of the needs of those young people in trouble. The JCPC looked to three of our members to help us insure we were targeting the right areas -the Chief District Court Judge, the District Attorney, and the Chief Juvenile Court Counselor. Consensus was achieved by the JCPC in making the above recommendations. Please approve the recommendations and direct the Budget staff to include them in the 1999-2000 budget for New Hanover County. c: ~ Members of the JCPC Cam Griffin, Budget Director 101 102 ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Consent Item #: 3 Estimated Time: Page Number: ' Department: County Manager Presenter: Contact: Andy Atkinson SUBJECT: Governor's Crime Commission Grant from Communities that Care BRIEF SUMMARY: Communities that Care in conjunction with NHRMC wish to submit a grant to the Governor's Crime Commission fora "Safe Start Demonstration Project." Details of the grant are attached. The application for the grant must be submitted to the State by June 14. There are no County funds required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the filing of the grant with the Governor's Crime Commission. If grant is approved, authorize acceptance of grant and approval of related budget amendment. FUNDING SOURCE: Governor's Crime Commission ATTACHMENTS: REVIEWED BY: LEGAL: NIA FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend aproyal of filing of the grant, if grant is awarded a ~ rive acceptance of the grant. COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMI,~IONEItS aPP~~~~-~ .~ RE'- ~ R` ::._~ 0 10 3 PG.. HERE; ~ ^ ~ /~ DATE -~.rr} l-..~'1~ Request for'NHRMC/Communities That Care involvement as co-implementer with New Hanover County in the federally funded "Safe ,Start Demonstration Project ." Please note the following outline of the project that the Communities That Care community would like to participate in through a federally sponsored grant initiative. Sponsoring Agency: Office of Juvenile Justice and Delinquency Prevention Office of Justice Programs, Justice Eligible applicants are communities that have formed a strong collaborative group to prevent and address the impact that exposure to violence has on young children. Only public agencies may apply as lead applicants. Private agencies and organizati,ons.ccn apply only as coapplicants or collaborative partners., Goal Create a'holistice: approach to prevent and,reduce the harmful effects of exposure to violence on young children by developing a comprehensive and coordinated community system that will improve the access delive ry, and quality of services .for , young children at high risk of exposure, or who have beenexposed to violence, along with their families, and their caregivers, at any point of entry into the system. Communities will be helped to expand existing partnerships among service providers ~in the fields of early childhood education/development, health, mental health, family support and strengthening, domestic violence, substance abuse prevention and treatment, crisis intervention, child welfare, law enforcement, courts and legal services. The purpose is to prevent and reduce the impact of family and community violence on young children (primarily from birth to 6 years of age). Application is due no later than Spm ET June 14,1999. Submitting address: Office of Juvenile Justice and Delinquency Prevention c/o Juvenile Justice Resource Center ~ ' ' ' 2277 Research Boulevard. Mail Stop 2K - Rockville, MD 20850 We would qualify under the urban category, defined as having a population of not less than 100,000. '1~~~~~?`~l~xq ~~~ " ,,~A ~~ 104 ~~ r:~ ~~ - ~ ~ ~v~ Objectives: • Assess the extent and nature of children's exposure or ri and the circumstances within the community under which thiseepposure o clursnce • Increase awareness within communities and among professionals of the im act of exposure to violence on children and ways to prevent children's exposure to violence. • Increase children's access to quality prevention programs. • ~ Improve identification, referral, and interventions for children, along with their families. • Facilitate collaboration and coordination of services to improve cross-agency prevention and response, increasing professional cross-training, and reducing barriers to accessing services. • Provide specific training and support to direct service providers in preventing and dealing with the psychological and developmental effects of children's experience with violence. • Address the multiethnic, racial, and gender needs of young children who are at high risk of or who have been exposed to violence. • Foster and facilitate organizational change that promotes improvements in a variety of prevention, protection/intervention, and treatment services provided by relevant agencies and service providers. • Develop and implement specific protocols, procedures and research-based programs for responding to the needs of children at high risk of, or exposed to, violence and strengthening violence prevention programs designed to reduce such exposure. ~ 105 Project Phases: I. The first 12 months of the initiative -sites are to conduct months 0-9...assessment, planning 5 year strategic plan 18 month program implementation by month 9 months 0-12...initial development activities. month 12...OJJDP review of site plans completed II. Pending approval of OJJDP...sites implement Safe Start activities and services months 13-30 (18 months)...implementation, training, capacity building, and evaluation of activities and services planned in Phase I. III. The remaining three annual budget periods year 3 and 4 focus on frill .implementation and maintenance of the program based on plan in Phase I and implementation of Phase II. Identify and implement ways to sustain improvements achieved under Safe Start by conducting long-range planning beyond the .conclusion of the initiative and developing alternative funding. year 5 continues full implementation of services and activities, finalize long range planning, and ensure sustainability. Project Funding: I. $250,000 for 12 months II. $420,00 for 6 months plus another $670,000 for next l2 months total for phases I and II = $1,090,000 Grantees will receive the highest level of funding for the demonstration program in Phase II. Funding will vary based on a variety of factors including size ofthe target area and population, site-specific needs identified and supported in Phase I and implemented in Phase II. Funds will cover any infrastructure building, startup costs, and training, evaluation, and program services needed to enhance existing resources. III. Up to $670,000 per site in year 3 and will decrease each subsequent budget period. Selected sites will be expected to ensure that local resources are leveraged to sustain the project during years 4 and 5 and beyond the project period. l ~,J 106 i! ~~ Target Population and Area Young children (primarily birth to 6 years of age) who are at high risk of exposure or who have been exposed to violence, along with their families and other caregivers. Age range is based on the justified needs of a community. Applicants need to specify what age range is targeted, how and why this range was identified and is appropriate to the geographic area to be served, and how "high risk of exposure to violence" and "exposed to violence" are defined in the community. Need to address multiethnic, racial, and gender-specific needs of young children who are at high risk of or who have been exposed to violence.. Efforts maybe directed to the entire jurisdiction or to specific geographical areas of special need. However, the identified need must be clearly justified (i.e., need and appropriateness to the accomplishment of program objectives; targeted areas represent identifiable communities or neighborhoods where the investment of Safe Start resources will result in appreciable improvements for children who live there; or by demonstrating particular community strengths or existing resources from which to build Safe Start. Collaboration and coordination re central components to the program. Safe Start sites are expected to demonstrate and continue coordination and collaboration with other Federal, State, and local agencies; national and community foundations; and private sector programs, including community-based organizations and faith communities. Key partnerships need to be established and expanded to ensure that a comprehensive delivery system is provided. Grantees are selected based on their demonstration of active partnerships and their ability to expand and sustain the partnerships to broadly encompass partners needed in the community. Need dedicated administrative budget and staff to support the initiative's goals and objectives with a focus on outcomes, with measurable, tracked, and evaluated progress toward planned goals and objectives. Sites will receive a range of OJJDP funded support including assessment, coordination, brokering, and provision of training and technical assistance (TTA) in both content and systems improvement areas. Of the up to $250,000 in funding that can be awarded, sites are expected to set aside $50,000 for local TTA to support community specific needs and build on existing local TTA resources. In Phase I sites are encouraged to use the TTA set-aside to access support for ongoing facilitation of and consultation on the strategic planning process. Applicants must submit a project narrative describing the overall approach to the Safe Start program, including a description of the conceptual and organizational framework for the collaborative approach and a detailed strategy for planning in Phase I. The demonstration project will be funded in the form of a cooperative agreement fora 5 1/2 year project period. ~ 107 Conclusion: If the County agrees to be the lead agency for this project there is precedent. This kind of partnership has already been established with a similar relationship between the County and NI-IRMC regarding the Communities That Care project. NHRNIC has the management and financial capability to effectively implement the project through Communities That Care. With the emphasis on prevention from birth to six years of age the project provides the opportunity to -further help reduce` medical costs for such things as injuries/harm stemming from: youth or gang related violence substance abuse , , physical/sexual abuse in the home We have, a strong. existing collaborative structure in place with the Communities That Care project. It offers a natural connection to the Safe Start initiative because it extends and enlarges what CTC has already begun to put in place for New Hanover County (i.e., more collaborative networks, better access to resources, raising awareness to tlie`kinds of .services available and data available-from prior efforts to help assess and~do strategic planning for,the next 6 years in our community. It also offers a potential vehicle to address the Jason project initiative and the-Carousel Center endeavor, to bring these efforts together in a way not only to benefit our County but other parts of the country as well. 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION • Meeting Date: 06/07199 Consent Item #: 4 Estimated. Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton • SUBJECT: Request Acceptance of Disaster Grant Funds from Division of Aging and Title IV in Amount of $2920. BRIEF SUMMARY: The Division of Aging and Title IV Administration on Aging has made available $2920 to .assist elderly persons with home repair expenses incurred as a result of Hurricane Bonnie in August, 1998.. Funds do not require a local match and are to be expended by .November 30, 1999. The NHC Department of Aging is authorized to identify eligible clients and administer the money. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Commissioners approve the acceptance of the disaster grant funds, authorize County Manager to execute contrace and approve and the associated budget amendment #99-0179. FUNDING SOURCE: Division of Aging and Title IV (State and Federal) ATTACHMENTS: , Copy of contract between Council of Goverhments and New Hanover County. BA#99-0179.w . REVIEWED BY: LEGAL: NIA FINANCE: Approve COUNTY MANAGER' Recommend approv,~l, ' A(3T1t~1NS/CO • BUDGET: HUMAN RESOURCES: N/A AND RECOMMENDATIONS: COUNTY COMMISSIONERS APPRti ~';~~ G RC~~--~ RE;- .-f o 1109 PC;: ~':.: ; ' ~~ D ^ HEAD ~ DATE ~~~.~.~q",_„~-.--- , ~~.~ ~~~E F~~~ ~®tJl~T~I~ O~ ~~V~EI~T3'S ~I~I~t~' AG~E~I~~I'~I'I' F~IZ ~IIT CTS ~~1~1i1I~ I~IS~ST'~R I~~i,IE~ I'I'I~IESSE'TI~ 'f This agreement is rriade-and entered into,this ls` day of May 1999 between the.Cc~p~~ .~`~~ar C®aancai o„~'Cy'ov~r~nr~c~rats, hereinafter,referred to`as the "~®~a~cil ®i' ~overr~a~nen~s," and 1°~~v Ha~o-~er County ~e~rart~e~st o~'~ pin, hereinafter referred to as the `"~r~rntee,''- ,. tiVHF~AS, the Administrate®n ®n Aging has .granted a Title IV Carant for Hurricane Bonnie Disaster Relief;through the 1?lortln Carolina Dvisiia~ ®f A~in~, arid' ~ - ~ ~ - VVHER:FAS, the C'~anmtcil ®f ~overn~aents has entered into an agreement with the 1~®~tl~ Carolia~a ~ivi5i~n ®f Aging through an Adr~ainistratiman ®n Aging Title IV Grant,~ard WHEF.BAS, the C®~ancil oI' ~®vernrnents can best accomplish the tasks set forth in its, Agreement with flee I~Tor°tl~ Cdr®lina I)i~is~nn ®f Aging by associating with ~~a~#ee as set forth herein; l~tflW TI~REl?~~E, the parties mutually agree as follows: I. E~TIV~ ~~.,3~I~33~ ~~+' C~I~TI~CT _'. - This contract shall be effective t~a~gr-st 23, 199 and shall terminate on l~vvernber ~~9, x.999. I3. ~RAI~T Alai®iJl®tT' Funding is awarded in the amount of X2,920 to Grantee and must be expended by November 30, 1999. This f~,~ra-ding does not require ~ IocrcI match. ~. GE1d~11~AI. PI~~VIS3Dl~TS/SCOPE ®F d~'® Subject t~ortherterms,tand~c~ondt s hereinafter set forth, the Cau~eil of ~oe~ernments agrees to >,~v~f~~e~ ~ pay the Gran$ee for the following allowable costs in relation to Hurricane Bonnie: 110- .~ 1 :.~ .::: ` ~ ~~~~. ~:.~. ~) n A. Reimbursement for expenses incurred by the grantee in preparing for and directly responding to the hurricane. This includes actual mileage, printing; per diem, and salary costs expended in accordance with agency policy for agency coordination, ' outreach, and damage assessment activities. ~ - Typical activities include: coordination with local emergency management officials, human agencies and institutions in preparation for the hurricane;- officially representing the agency during the hurricane; and providing ongoing recovery , services after the storm. These recovery services include: neighborhood . canvassing; volunteer coordination; printed public information materials; information and referral; case assistance; damage assessment; and arranging for direct services. B. Reimbursement to Gra~atee for home delivered and congregate meals that were prepared, but were undeliverable due to evacuation or local flooding, etc. _ Examples are home delivered meals routes that were unexpectedly intez-rupted due to evacuation, impassable roads or damaged client' homes or congregate sites that ' . lost power after meals were prepared for delivery. This funding shall not be used to compensate for general lost service days, but can pay for shelf staple and other allowable emergency meals that were provided for the period of lost. service. C. Reimbursement for home repair, for owners or tenants who are age 60 or older. It must be reasonably apparent that the damage being repaired was either caused or made worse by Hurricane Bonnie. JE~easonably apparent damage includes roof damage and severe deterioration, moderate to severe water damage to ceilings, . ~ ~walis, or floors,. and broken windows, etc. The cost of removing storm related debris is also allowable. Funding should rot be used to repair damage that is primarily caused by faulty plumbing, wear and tear, etc. There is no maximum amount that maybe spent per home. `I~: 3~~Cg11~a'I~l~tT~'I`~~i~d CAF' E~~'~~tS~S The G~-a~tee shall maintain full arsd complete documentation of all expenses associated with performing the duties detailed in this agreement. For direct services such as Housing and Home Improvement, please refer to the HCCBG Service Standards for specific documentation required (see pages 5-6 of the attached I-lousing and Home Improvement Service Standards). For emergency meals served during the pre-storm or post-storm response phase where .special circumstances existed, a written explanation of the circumstances is required iri addition to standard HCCBG documentation. `Paid invoices for products and building materials, etc. and statements detailing administrative expenses should be submitted for payment. "Ilurriccane .bonnie Dis~~te~ I~~e~aef ' s~ara~l a,~~erzr ors ~a~d ~t~tements tend Inv®ices ~tebmitterl to tie C'©aencid of,~ov~~n~~ent§ for~c~~~a~n~ Ga~n~tee ~ 2 111 shall' maintain ail financial and program records for a period of three (3) years from the date of final paymenf undex this agreement ` `' '~'. CflIV~~ENSATl~l~ Al\T;CD I'AI'1i~EI~1TS TD ~NTEE The grantee shall be compensated for the`sevrvices'and/or activities actually, performed under this agreement by a line item accouritirig..showing how these grant ~Znds were expended: Payments will be made morithiy upon request for reimburserrient by~Granfee. Reirribursement_requests must be submitted to the Council of Govea-ninents'by ~ p.m, on the lii'$l~ ~®rking day ®f sash rn®n$h. Irv®aces op ~tute~rie~sFs received a,~ter Novernbem~ 30, X999 avid, nat be ca~sideret~ f®r ~. 11'I9~I*~T(~11~I~tG, A~.TD~'IN~, AI~lI~ 1[~~C~~T~d~ The HCCB~ Service Stanciards~ apply to, disaster services such as Housing and :Morrie Improvement, and Horde Delivered arid`Congregate Meals; however;client cos$-sharing of serv~c~s is n®$ re jai Section III. Gen eared. ~ Certain other exceptions to.the Service Standards are spelled out in " Provisions/Scope of Work" of this agreement (i.e~., $he S~fl~ limit allowed p~~ a3'~a ®f a~h®~ne ii1 the ~~usin~-and ~o,me Irnpr®veme~a$ S$aa~d~rds ~4'i1l be Waived f®r $he disas$er grad fa~nds). . Services provided through this agreement will be monitored by the same procedures and at the same time as Home and Coyriirzitnity~Care B1ock.Grarit (I-I~CBG) services are monitored. • The appropriate H~CBG Monitoring Tool will be used fir each service.. The Housing and Home ~_:. _ Improvement Monitorng Tool is attached.. Grantee should note that certain ,sections of I-ICCBG Monitoring Tools'are not applicable~far disaster grant ~seivices,,such as questions;related to Service Cost-Sharing; but, generally, items in the 1Vlonitorng, Tools are. appropriate for services provided throLigh this agreement. ~• ~~-an$ee agrees to submit to the Coa~ncil ®f ~®ve~-nnaeffits a "final Report" of their activities under this agreement; this report will include the following: ' ~ n A.. 1Vlajor activities and accomplishments during. the grant period. B.' A'suriinarization'of~xpenditures by category (i.e., home repair, home delivered; ' meals, staff salary costs for disaster coordination activities).., .. C. A description of any'deviations or departures from the original project plan 1 .. 'including slippage in task completion dates and/or special problems encountered: D. A brief description of information dissemination activities carried out over the reporting period (if applicable); ..for example, attach a copy of any,newspaper,. . neivslettei, magazine article or other published material considered relevant to ., , ' project activities or.used for. public relations purposes. E. 'Description of oilier activities not included above'. ' 112 3 C~ Grantee r~gre~s to sul~~rait this "~ina~l Ite~or~t" to tlae Council of C'o~er~n~nsnts no later than. _ ~ 1Vove.~nber ~fl, X999. . C®I.IAIYCE ~'IT~ LAWS grantee agrees to comply with relevant federal, state, county, and municipal executive orders, rules, regulations, ordinances and laws. ]1'~T ~IT~SS T$liJ®~', T~ COIJl~tCII. ®~' G®~~1~'IE~TTS AND T'FIIJ GI2Al~T~E ~A'6'E E.XI;C~J~'EI) TINS A~l~~1d~l~TT AS ~I+ Tl~~ DATE SST WlaITT~i`~ A~®~. CAPS ~'~AI~ C~ITIYCI~, tII+ G~~T~7E~1T'S: . Exec~atgve Director Date Area ~.genc~ ~n Aging Administrator - Date Finance ~cer Date ~NTI;~: `. l~tame of ~rga~~ation lly: _ -~ Autl~ori~ed bead agency tl$licial lute ~. ~y: f3aat~ori~eti ~'o~anty ®ffciad Date PIS-ALIT ~'~~TIF'iC'ATIt3P~T STA11~~; • 4 113 114' ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06!07/99 Consent Item #: 5 Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Approval of additional $900 reimbursement for emergency dune restoration to The Town of Carolina Beach BRIEF SUMMARY: The Board, at its May 17th meeting, voted to approve $72,000 to reimburse the Town of Carolina Beach for emergency beach restoration work after Hurricane Bonnie. The Board felt that it was appropriate, in this instance, to reimburse the full 100% of the cost to the Town. The documented amount of $72,900 was mistakenly read as $72,000 by staff and the Board consequently approved only $72,000 based on the erroneous agenda cover sheet. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of the additional $900 in order to meet the Board's intent of 100% reimbursement for this particular instance. ~. FUNDING SOURCE: Room Occupancy Tax Fund ATTACHMENTS: REVIEWED BY: LEGAL: NIA .FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S C _ MENTS AND RECOMMENDATIONS: Recommend approv COMMISSIONERS' AC InNS/COMMENTS' • CQUNTY COM-MI/5SIQNERS APPRO~'F_D [~ RE.iw" .- ~ RC".`,:. T~ 0 115 PCc; ~ ~ ,:;~~ED p HfAC:;D ^ DATE ~~~,~,~ f ~' } 'µ ye~ 116 ~:~ ~~ ... ,:z .~ h ~~ ~~~~ ~~, r; NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 Consent Item #: 6 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: . ` Adoption. of Resolution to Request the Addition of Roads in Turtle Hall Harboar Subdivision to the State System BRIEF SUMMARY: NCDOT is requesting that the County adopt the required State Road Resolution before:the State considers the addition. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Resolution FUNDING SOURCE: ATTACHMENTS: NCDOT Letter.and SR-1 Petition ITEM DOES.NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt Resolution. / COMMISSIONERS' A IONS/COMMENTS: COUN?Y COMMISSIONERS - APPROVF~;~ C/ REPJ.-.'~~ D ` POS"r~-CNEQ ^ HEARD`~~ I~ - DATE .~. ..(~ .yam ;'\ '. ~ o ~, .y., , 't~, Uc'~a ~.~ ~ ~i~, ~ ~~ ~, .~~~. STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR May 21, 1999 SECRETARY Mrs. Lucie Harrell Clerk to Board of Commissioners, New Hanover County 320 Chestnut Street, Room-305 , Wilmington, NC 28401 Dear Mrs. Harrell: This office is considering the addition of Turtle Hall Drive, Terrapin Court, and Tortoise Lane in Turtle Hall Harbour Subdivision (Div. File No.930-N) to the state system. After the Board's consideration, if they concur with our recommendation, please furni"sh this office with the county resolution and official road name for our'further handling: If I may be of further assistance, please advise. Very truly yours, ~ , , . " " _. ;: David L. Thomas, P.E District Engineer DLT:ccf Attachment cc: Mr. S. E. Cooke ~~~~~~ ~~ ... =~ 118 ~'~ ~~z* ,~ .,~ r+t..i~ ,T,~~ 124 Division.Drtve Wilmington N. C. 28401(910) 251-2655 -~?~~n ~ MAY 0 ~ ;99 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina County of ._ ~/~v4 ~Ati"~~rr2 Petition request for (check one) Addition to State System (jC) . Paving ( ) Maintenance Improvement ( ) '~kS~rp'~;T 3 MAY 0 ~ i990 We the undersigned, being property owners on '1,~,~ ~ L r ~-{,} ~ ~ ~~;b'~ ~ ~ ~~ ''~~ ~ ~Ri°~.5~ ~- ~_~ Describe or give local name or Secondary Road Number i n _ ~l ~~.1 ~ ,a~ cVc2 County do hereby request the Division of Highways of the Department of Transportation to ~~ ~ ,~ the above-described road. ~°'~ S`~iE S-~ r~, We further advise that the, road requested to ~., ` ~ a ~ ~ i s - j,z mi 1 es in length and at the present. time there are ~L occupied homes located on. the road.and having entrances into the road.- Finally, we agree to dedicate to the Division of Highways a right-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire ~~length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by reNresentatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable PROPERTY OWNERS NAME MAILING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below: ~. LeL la~LZ~ t~-~~ct ~ti•w~ <C1f~~ (~l~-~l~ i~ ~ ~ ~ ~ .,ti.'=., vt.;~~, ' , vv~,ti~~ (> ~- ~. ~ ~71.c 2T ~ E' E 4r~t-~.-~ ~-~. ~~T i o . 35 0 - O 3 ~ ~ C ~ s Revised form SR-1 (5-83~ A1T previous forms obsolete ./ NEW HANOVER COUNTY BOARD OF COMMiSSiONERS . REQUEST FOR BOARD ACTION Meeting Date: 06/07/99, Consent Item #: 7 Estimated Time: Page Number: Department: Library Presenter: ' Contact: David Paynter SUBJECT: Library Advisory Board Bylaws ` ' BRIEF SUMMARY: Changes in the Library Advisory Board bylaws were approved by that Board on May 18, 1999 at its regular monthly meeting. Recommended changes appear in bold italics. . RECOMMENDED MOTION AND REQUESTED ACTIONS: Request review and approval of changes to bylaws, by Board of County Commissioners. FUNDING SOURCE: ATTACHMENTS: . Bylaw changes.. - REVIEWED BY: LEGAL: N/A fiNP;NCE: NIA BUDGET: NIA `HUMAN RESOURCES: N/A COUNTY MANAGER'S C ~ MENTS AND RECOMMENDATIONS: Recommend appro COMMISSIONERS' A Tl0 /COMMENTS: COUNTY tXIMNiI~ . APnROVED [[~~'' R CJ ECTED C] REMOVED 'C~ Pos~Pa~ ~ 121 HEARTS ~~ (J BATE ~ , ~/ t BYLAWS OF THE NEW HANOVER COUNTY PUBLIC. LIBRARY ADVISORY BOARD: ARTICLE I-PURPOSE Original ' The purpose of the New Hanover County Public Library Advisory Board•.shall be to review and recommend to the County Commissioners written policies to govern the operation and program of the Library. .. Revised No changes. ARTICLE II-MEMBERSHIP , Original' ~ ~ .. Section l . The Library AdvisoryBoard shall be composed of • 12 'residents 'of New Hanover - County appointed by the Board of Commissioners of New Hanover County. They shall. serve.. , three year terms with four members appointed each year: The same. person may riot serve more than two consecutive terms. An appointment to fill an unexpired term shall be considered one term. Members of the Library Advisory Board shall serve without compensation. : w. Revised •, SECTION 1. The Library Advisory Board shall be composed of 12 residents of New Hanover County appointed by the Board of Commissioners of New Hanover County. They shall serve a three year ferni with four: nientbers appointed each.. year. The same ~ ~~ person may not serventore than hvo full consecutive terns. An;appointntent'to fill ~ ~-~ more than half of anun~rpired tertn shall be considered one term. h~Iembersof the Library Advisory Board shall serve without compensation. Library employees and , spouses of Library employees are not eligible to serve on the Library Advisorti~ Board - Original ~~ ~ ' ._ . ' Section 2. The Board of Commissioners may remove a member at any time for incapacity, unfitness, misconduct or neglect of duty. A member who is absent from three consecutive meetings shall be considered to have resigned from the Board. A member whose unexcused absences constitute more than 25% of the Board meetings in any calendar year may be asked to resign. Excused absences are defined as absences caused by events beyond one's control. Revised SECTION 2. The Board of Commissioners may remove a member at any time for incapacity, unfitness, misconduct or neglect of duty. ~4 total of ftve absences'by a tnetnberrat regularlyscheduled meetings during a calendar year will automatically remove that memberfrom the Board. ~~Y~~ 4 :# f ~~ ~1 a~u ~r~~:~e~ 12 2~. - r ~..~~ fiF "~ ' C~ ~.-J.JY"if m r; • • Original ' Section 3. Ex-officio members shall be the Library Director'and the president of New Hanover Friends of the Public Library. Revised ; SECTION 3. Non voting ex-officio members shall be the Library Director and the '. President of New Hanover Friends of the Public Library. ARTICLE III-OFFICERS Original Section 1, The officers of the advisory Board shall be achairman, avice-chairman, and a secretary.. Revised ' SECTION 1. The officers of the Advisory Board shall be a Chair, a Vice-Chair, and a Secretary. Original Section 2. Officers shall be elected at the regular meeting of the Board irnthe month of August and shall serve a term of one year. , Revised SECTION 2. Officers shall be elected at the regular meeting of the Board in the month of Jicne, take. officeinAt~gust, and shall serve a term of one year. • Original SECTION 3. The Chairman of the Board shall preside at all meetings and shall have he usual powers of a presiding officer. Revised . Section•3. The 'Chair of the Board shall preside at all meetings and shall have the . usual powers of a presiding officer: Original SECTION 4. The Vice-Chairman of the Board shall act as Chairman in the absence or disability of the Chairman. Revised Section 4. The Vice-;Chair of the Board shall act as Chair in the absence or disability of the Chair. ~ 123 Original ~ ~ . Section 5.. The secretary shall keep a true and accurate account of all proceedings, .minutes and . ' other records of the Board, and notify the Clerk of the Board of County Commissioners of any vacancies on the Advisory Board. Revised 1 , .. SECTION 5. 'The Secretaryshall:cause a true and accurate account of all proceedings, minutes. and other recordsof the'-Boardto be made,. and tonotify the Clerk. of the` Board of County Conunissioners of any vacancies on the Advisory Board. The Librur}~ Directoror his designee shall act as a Recording Secretary. for the Board. ~ -~ = ARTICLE IV-MEETINGS Original ,' Section 1. The Advisory Board shall meet on the third Tuesday: of each month at 4:00 P1ti1 at the Library. . . Revised SECTION 1: The~Advisory Board shall.meet monthly at a regularly schedr~led tune as determ""fined by the Board Regular rr:eetings will not be held in July attd December. Original SECTION. 2. Special meetings maybe called by the Chairman or upon the written request of three members for the transaction of business stated.in the call for the, meeting. Members shall be notified at least 48 hours, prior to the meeting. Revised ~ ~ ;, . . Section 2. Special meetings may be called by the Chair or upon,the written request of three members for the transaction of business stated in the call for the meeting. Members shall be notified at least 48 hours prior to the meeting. Original SECTION 3. A quorum for the transaction of business shall be a simple majority of the Board members. p Revised ' Section 3. No changes Original ~ , SECTION 4. Regular meetings may be canceled by the Chairman with the consent of the officers and the library director. Members and the clerk to the Board of County Commissioners shall be notified of the cancellation not less than seven days prior to the time set for the meeting if possible. 12 ~ Revised Section 4. Regular meetings may be canceled by the Chair with the consent of the officers and the library director. Members and the clerk to the Board of County Commissioners shall be notified of the cancellation not less than seven days prior to the time set for the meeting if possible.. Original SECTION 5. All -meetings shall be held in accordance with the General Statutes of North Carolina. Revised Section S. No changes. ARTICLE V-COMMITTEES - Original The Chairman shall appoint any committee deemed necessary. Revised The 'Chair shall appoint any. committee deemed necessary. - ARTICLE VI-ORDER OF BUSINESS . Original 1: Roll Call 2. Approval of minutes of previous meeting 3. Correspondence . 4. Director's Report 5. Committee Report's 6. Old Business 7. New Business 8. Adjournment Revised 1. Call to Order ` ~ 2. -Public Comn:ent 3. Approval of minutes of previous meeting ;4. Correspondence ~~ 5. I~irector'sReport . 6. Friends' Report 7. Committee Reports 8. Old Business ~9. 1'~'eiv Business 10. Adjournment ARTICLE VII-PARLIAMENTARY AUTHORITY Original ROBERT'S RULES OF ORDER Newly Revised shall govern the proceedings o~tl~j Board. G Revised No changes. r ARTICLE VIII-AMENDMENTS SECTION 1. These bylaws may be amended at any regular meeting by atwo-thirds vote of the members present,. provided the proposed amendment has been presented in writing at the ' previous meeting.. , Section 1. No changes. Section 2. These by-laws and amendments to them shall be in accordance with the Policy for the Government and Operation of the New Hanover County Public'Lbrary°(adopted by the New Hanover County Board of Commissioners -February 2, 1981). Section 2. Omitted. : r - NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date; 06/07/99 Budget Amendment Consent Item #: 8.1 Estimated Time: Page Number: DEPARTMENT: Northeast Branch Library Capital Project ~~ BUDGET AMENDMENT #: 99-41 ADJUSTMENT DEBIT CREDIT .Installment Loan Proceeds (COPS) $500,000 Capital Project Expense $500,000 • EXPLANATION: To increase construction budget to $1.4 million as approved y the Commissioners at the 3-22-99 meeting. APPROVAL STATUS: To be approved by Board Of Commissioners ~ama°"a`~Ea="a~:o;;~amME°e ao..aa~emm,..o~~,. `~ COMMISSIONERS' ACTIONS/COMMENTS: . Kit ~Y~~ ~ ra~ COUNTY ~a~MM~St~ , APPROVED ~ a . REJECTS ~~L. ,;' REMO!'~ v 1 ~.t; W~ARt? p ~~~~~~ NEW HANOVER COUNTY BOARD OF COMMiSSfONERS REQUEST FOR BOARD ACTION Meeting Date: ,06/07/99 Budget Amendment Consent Item #: 8.2 Estimated Time: Page Number: •_ ~. DEPARTMENT: Federal Forfeited Property Capital Project •~ `~• BUDGET AMENDMENT #: 99-42 ~ ~ ' ADJUSTMENT DEBIT CREDIT Federal Forfeited Property funds $36,999 Captal~Project Expense .. , ~ $36,99,9 EXPLANATION: To increase budget'for additional revenue received. 5-13-99. Federal Forfeited , Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners ~~,: .: COMMISSIONERS' ACTIONSlCOMMENTS: cou~N co~M~SION~RS ppPR4VEQ ' `~ , . ~ ~~ POSTPONED HEARD ~ . ~ ;Y ."` d 1 ~ S DATE ° ~-`: ~,~"' rxh ~~"'~~~a~ ~J i NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~. REQUEST FOR BOARD ACTION Meeting Date: 06/07!99.. ' Budget Amendment Consent Item #: 8.3 Estimated Time: Page Number: DEPARTMENT: Aging/Senior Center BUDGET AMENDMENT #: 99-0163 - ADJUSTMENT DEBIT CREDIT Other $2,000 Postage $1,000 Newsletter $1,000 EXPLANATION: To budget donations for offsetting the cost of producing and ailing the Senior Center's monthly newsletter. • APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONSICOMMENTS: ,r,~ ~f COClrvrr C~-Mi~SrONER~; ~APF" `" R .~ _ . 129 PG.. ~ }~~ HEAi~.. p MATE 4 I1~ j ~J_~1~-.--- NEW HANOVER COUNTY. BOARD,OF=;COIlIIMI.SSIONERS . REQUEST FOR BOARD'ACTION. Meeting Date: 06/,07199 , Budget Amendment ., , Consent Item #: 8.4 Estimated Time: Page Number:. • DEPARTMENT: Social Services/Child Day Care , . • BUDGET AMENDMENT #: 99-0181 . ADJUSTMENT DEBIT CREDIT Smart Start Child Day Care $266,677 • Child Day Care $266,677 EXPLANATION.: To budget additional Smart Start revenue received for Child Day Care (no additional County~funds required). •. • _ ~ , APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: . ,•, . a COUNTY COM~SIONERS APPROVED REJECTED 0 Fr"b~t)VED D' 13 0 POSTPONED [] - HEAR~ (^ ~. DATE !~~; -- :,~ ~4": fl ~~