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Agenda 1999 09-07 AGENDA t - ~ - . ~~pNOVE$ C~ G 2@, y~~ * •~,f II r 2 '~J• Iwro~exv~~~ F ,INOV ST RY ~~NORtHCp September 7,1999 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Courtroom 317, New Hanover County Judicial Building 316 Princess Street Wilmington, NC WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREERVKE-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 6:30 p.rn. 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. 45 p.m. 1. Consideration of Proclamation Designating September 17-23,1999 as 1 ~. Constitution Week in New Hanover County 6:50 p.m. 2. Consideration of Proclamation Concerning "Stop Red Light Running' 5 6:55 p.m. 3. Presentation by Cape Fear Youth Soccer on the Need for Additional 7 Soccer Facilities - 7:05 p.m. 4. Consideration of Approval of Assignment of Acquisition Agreement 9 for Mason's Inlet Project 7:15 p.m. 5. Consideration of Amendment to Design Contract with Sharpe 13 • Architects . 7:25 p.m. 6. Consideration of Wiring for Generators in Shelters During Emergencies 15 7:45 p.m. 7. Consideration of Termination of Contract with Corrvantis 19 8:00 p.m. 8. Meeting of the Water and Sewer District 77 Public Hearings: .I 8:-15 .m. 9. Public Hearin on Wilmin ton Beach Hanb Beach Water and Sewer 25 ~-.. p g g / Y ~ Project 8:30 p.m. .10. Consideration of Contract Amendment #98-0260A Engineering Services 27 for Wilmington/Hanby.Beach Water and Sewer Project 8:40 p.m. 11.1 Item 1: Rezoning Request by Robert High for Futch Creek Property, LLC • .. 33 to rezone 13.2 acres located in the 8700 block of Market Street, southeast side, from R-15 Residential to CD Conditional Use District (B-1). ` (Z-672, 8/99) 8:50 p.m.. 11.2 Item 2: Text Amendment -Request by Jeff Smerko to amend the New 39 Hanover County Thoroughfare Classification Plan by reclassifying Park and Hinton Avenues to Collector Roads (A-298, 8/99) 9:00 p.m. 11.3 Item 3: Special Use Permit - Request by Lonnie Williams, Jr. for John 43 Coble to clarify/revise the original special use permit of December, 1991 specifying the number of dining seats at Trails End Restaurant located at the eastern terminus of Trails End Road (S-336, 9/91;10/98; 08/99) 9:15 p.m. 11.4 Item 4: Special Use Permit - Request by Frances Rivenbark for Amy . "57 Rivenbark to permit a daycare facility for up to 25 children located a 316 Bountiful Lane, Walnut Hills/Apple Valley subdivision, Castle Hayne Community. (S-443, 8/99) ~~n 9:30 p.m. ~~4 9:45 p.m. 11.5 Item 5: Rezoning.-Request by Alton Lennon for Archie McGirt & Gail Batten to rezone 14.78 acres located in the 400 block of Motts Creek Road, south of Silver Lake Road, from R-15 Residential to R-10 Residential. (Z-678, 8/99) 65 11.6 Item 6; Rezoning -.Request by John Wessell for Larry &.Maggie Ripa 71 to rezone 5.25 acres located at the northwest intersection of Smith Creek ' Parkway and Highway 132 North (North College Road) from R-15 Residential to O&I and Institutional. (Z-679,8/99) ADDITIONAL ITEMS County Coirunissioners County Attorney County Manager 10:30 p.m. ADJOURN MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC June 7,1999 6:30 p.m. ITEMS OF BUSINESS PAGE NO. 1. NON-AGENDA ITEMS (limit three minutes) 77 2. Consideration of Request for Qualifications for Castle Hayne Sewer System 79 ADJOURN • L~ CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS September 7,1999 ". ITEMS OF BUSINESS 1.. Appointment of Social Service Appeal Hearing Officer 2. Approval of contract #00-0111 with NABCO, Inc. for a total containment bomb disposal system and approval of budget amendment #2000-06 3. Approval of contract #00-0088 with Detroit Stoker Company for grate replacement parts 4. Approval of contract #00-0104 with E.F. Craven Company for one crawler excavator for Vector Control of the Health Department 5. Approval of contract #00-0105 with Wally's Fire & Safety, Inc. for three thermal imaging systems for Fire Services 6. Approval to reject bids received for bid #00-0022 for a data acquisition system 7. Acceptance of Department of Agriculture grant funds for Farmers Market Development 8. Approval to move a headstone and grave remains from a burial site on his private property and enactment of required resolution 9. Approval to move three grave markers and remains from a burial site located on the western side of Carolina Beach Road, north of Myrtle Grove Road and enactment of required resolution. 10. Approval to apply for Transportation Enhancement Grant for bicycle improvements along McMillan Avenue between UNCW and Pine Grove Drive. 11. Approval to apply for Transportation Enhancement Grant for bicycle improvements along Greenville Loop Road and Pine Grove Road 12. Approval of free days at the Coast Line Convention Center for the annual "How Does Your Garden Grow?" show sponsored by the New Hanover County Arboretum PAGE NO. 83 85 89 91 93 95 97 101 105 113 115 117 .~ 13. Approval of resolution requesting NCDOT to add the following roads 119 to the State Highway System: Roads in Old Cape Cod in Tidewater Plantation Sun Coast Drive in Sun Coast Villas Subdivision Bird Dog Court in Quail Woods Subdivision Shore Point Drive in Bayshore Estates Streets in Saratoga Place Subdivision Streets in Alamosa Place Subdivision Streets in Courtney Pine Subdivision Pages Creek Drive in North Hills Subdivision Approval of Budget Amendments: 14.1 #00-0020 to rollover unexpended grant funds from FY 98-99 129 to FY 99-00 14.2 #00-0021 to budget additional Federal/State funds for Child 131 Day Care 14.3 #00-0022 to budget additional State funding for the Child 132 Health Program 14.4 #00-0023 to budget additional grant funding from Smart Start 133 Partnership for Children 15. Approval of waive the tipping fee for four 30 cubic yard waste containers '141 for the Carolina Air Expo 16. Approval to waive tipping fee for trash collected during "Big Sweep" 143 a statewide clean-up of beaches and waterways ._ NEW HANOVER COUNTY'BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION i .Meeting Date: `09107199 Regular Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: William A. Caster Contact: Judy L. Ward, Stamp Defiance Chapter of the Daughters of the American Revolution SUBJECT: Consideration of Proclamation designating September 17 - 23, 1999 as Constitution Week in New Hanover County BRIEF SUMMARY: The local chapter of the Daughters of the American Revolution, Stamp Defiance Chapter, is requesting that the County Commissioners proclaim September 17 - 23, 1999 as Constitution Week in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation FUNDING SOURCE: ATTACHMENTS: Letter from Judy Ward, Daughters of the American Revolution Proclamation Constitution ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S MMENTS AND RECOMMENDATIONS: Adopt proclamatio . COMMISSIONERS' ACT10NS1COMMENTS: COUMY COMMI~fOt+~1 APPROVED C,.~ ~ REJECTED © !: REMOVED D POSTPONED O HEARD ^ ®ATE ~---~~-~ 7 /~1 ~~ 1~ ~~ ~ ~ ' ,~ a~ ,. glampdh(iancetfjaplcr "~~~~' ~ Nat.iona.P Societ '~ [7auyhtev~ o~ the Ameaican. /2evo.Put.ion ®~ y .,...~,.,.u, Stam/z L7e~.iance Chajite2 .-,.,m,,,....~_ ~,~, ~~ '^"m~ 4":= ~~~..d~~ aucLy Lcu,~cu~nu lrlu~.d Con~tri..tu# ion lJee% Cfzcu~ 1998-2000 New Kanove2 County Comm.i~~.ione~rs Gl~i~i~Lnyton, No2th Ca2o2irza 28401 • S.i2~; On .~elzaP~ o~ .the Nat.iona.P Soc~i.ety, l~auyhte2~ o~ the Ameuccuz /2evo.~ut t:oiz, I aucly lJa~zcl, Con~Sf_Ltut,i.on Glee% Cha.i2, wouPcl -~1~ce to 2e~~ect~uPPy ~.er{ue~t that the New Kanove2 County Comm.i~~.ione2~ /z2oc.Pa.im Se~tem.~e2 17-23, 1999 a~ Con~t~itu~ion Gleek ~z the County o~ New Kanove2. a I wou.Pcl u.P~o -~t.ke to take th~i~ o~~o2turuty to 2egue~t th¢t the /z2e~sentat~on o~ the /~2oc-Lcumat~:on ~e ~.PacecL on the meet~iny uyerula X02 the even,iizy meet.i.ny o~ Se~temP.e2 7, 1999. , %he Stam/z /7e~iance Cha~te2 and I a~~~re,ciate the County Comm.i~s~.ion'~ ~za~t /~a2t.ici~at.ion ancL .Pools ~o~uva2cL to oua continued a~~o~iat~.on with size .New Kanove2 County Boa~.d o~ Comm;v~.ione2~ .in ~2e~e2v.ing out he~utaye .i.rz the yea2 2000 anti .beyond. ~ ,. , . /~.Pea~e ~.ind attached my /~e2~ong.P canal -i~ .you w.i~h to contact me 2e~e2ence th.i.~s n.eque~t. ., 2 ~y^N'•M4~~•m.VirvV'V Y 4VYV ~ ~ ~ ~~~~.h,nnsn o,~... Z ~ 1gg p~qq pq n~!~ p ~ 6.a +~~VY~ ~tfl~K e 4A~1 k ~ ~ p ~ ~$!"tf~.71~ ~~~ S.incene~ C~.~- y L arena GI J LcN~~Jt/Yt~~.~.r~ and Stam/z l~e~.i.ance C/za~te2 Constitution Gleelc Chain. .... ~~~~~. V J~ 1 ~ f ~"~ }1 -~ ', i~~~~) New Hanover County Board o~Commissioners PROCLAMATION WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 1999 marks the two hundred twelfth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 - 23 as Constitution Week; NOW, THEREFORE BE IT PROCLAIMED, by the New Hanover County Board ofCommissioners, todesignate September 17 - 23, 1999, as CONSTITUTION YVEEKinNew Hanover County and to urge its citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by protecting the freedoms guaranteed to us through this guardian of our liberties, and to reflect on the privilege ofbeing an American with all the rights and responsibilities which that privilege involves. Adopted this 7th day of September, 1999 ATTEST: Clerk to the Board William A. Caster, Chairman ~ ~ ,1 ~~~~~ -. ~- - ---.._---- ----.__ .______ ~:fJ t {This page intentionally left blank} ~~ ,. ..n . ., ~ . , .. . ,. 4 C~ ~F • -~ NE1N HANOVER COUNTY BOARD Of COMM1SS10NERS REQUEST FOR BOARD ACTION • Meeting Date: 0.9107/99 .Regular Item #: • 2 Estimated Time: Page Number: s Department: County Manager Presenter: Mark Boyer ' .Contact: Mark Boyer _ SUBJECT: Stop Red Light Running Proclamation - - BRIEF SUMMARY: - New Hanover Regional Medical Center, New Hanover County, City of Wilmington, and others are collaborating on a public awareness campaign to remind motorists of the dangers of running red lights. The goals are to reduce the numbers of accidents and injuries and to restore respect for rules of the road Commissioners and City Council are being asked to approve similar proclamations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss and approve proclamation. - FUNDING SOURCE: - ATTACHMENTS: ' ~~.~ ~~ - - Stop Red Light Running Proclamati REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S MMENTS AND RECOMMENDATIONS: - Adopt proclamatio . rnaenn~cc~n*i~oc~ nr-r r.icirnnnnntnrrc. "c~u>,mr-c~M~r~~o APPROVED G~--- REJECTED ~ ' REMOVED ~ POSTPONED D FiEARPJ D ' DATE .-~ ~f~7~-.. ~GY 5 RESOLUTION ;:~ .. WHEREAS, September 27 through October 1, 1999 has been designated as National Stop Red Light Running Week; and WHEREAS, the key goals of this are to: 1. Educate the motoring public to the seriousness of the problem of , .,. running red lights; 2. Reestablish .respect for traffic signals;. - - 3. Reduce the number of and, severity of crashes; ' * . , ~ ' 4. Reduce the number of trauma center admissions; and , -:~ ,. ~ , ,, .. _ ~ -. WHEREAS, at one crash per every one and a half hours, New Hanoyer.County ranks... number one in the state for car crashes; and ~ ~ ~ ,., . WHEREAS, the cost per hour due to crashes (including property damage, hospital° treatment, higher insurance costs) in New Hanover County is $22,549; and WHEREAS, one in three persons have been injured or know someone who has been injured from red light running; ~~ _ NOW, THEREFORE, BE IT RESOLVED that the New Hanover County:Board of. Commissioners proclaims the month of September; 1999 to be "Stop'Red Light Running" Month and urges all motorists to consider the consequences. ,. ,~ ~ - ~ „ Adopted this; the 7t" day of September, 1999 _ New Hanover County Board of Commissioners [SEAL] R y}(~~ e1 .~,.,,n B.I. 1Cv!';lTi'~3~;In ++T!?:`k srr ~,~+ y~r¢wq?'wrJYin Lucie F. Harrell, C~1'erk~to~thelB~oard ~~~ a`: ~~ William A. Caster, Chairman ~, NEW HANOVER COUNTY BOARD OF COMMISSIONERS • REQUEST FOR BOARD ACTION Meeting Dater 09/07/99 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Harry Tuchmayer GI IR.IFr`T• Presentation by the Cape Fear Youth Soccer Association on the Need for Additional Soccer Facilities BRIEF SUMMARY: The Cape Fear Youth Soccer Association wishes to present information to the Board on the growth of recreational soccer in the county. The Cape Fear Youth Soccer Association wishes for the Board to recognize the need for expanded facilities, and perhaps to authorize county officials to secure sufficient space and allocate the financial resources needed for the establishment of a "soccer park" in the county. Mr. Robert Dan.sby will make the presentation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Listen to the presentation and direct staff to actively pursue such opportunities as the Eaton Field and to continue working with Cape Fear Community College in the development of fields at the new north campus. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A COUNTY MANAGER'S COMI Hear presentation and direct s MISSIONERS' ACTIO • BUDGET: NIA HUMAN RESOURCES: NIA D RECOMM TS: U '~ K L ::. Eatp~, t t a,,: b~( Zavo Vc•k (~avlG b ~ Loa [ rCOUNTY COMMIS510NER~~ APPROVED ~-~.- REJECTED O REMOVED ~ POSTPONED D HEARD /~~ -~ ©ATE ~- q1? ~9- ~~I / +D C.1r. (z 2n S OCr.CI~ d i ~S ~ ~ ~ `jq~ p {This page intentionally left blank} x+3 ~a'! V \0'YJ Ull~ ~` ~ ~~ 8 ~ ~~~~~~ l• ~~ ~ C9 •, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION , . Meeting Date: 09/07/99 .Regular Item #: 4 Estimated Time: Page Number: Department: Legal Presenter: ..Contact: Wanda M. ,Copley, County Attorney • • SUBJECT: ` Approval of Assignment of Acquisition Agreement for Mason's Inlet Project. BRIEF SUMMARY: The Figure Eight and Shell Island Homeowners Association negotiated an agreement with the Hutaff Trust . for acquisition of an inlet corridor together with adjoining easements. As previously represented to the , Board, the HOAs will initially bear the Forty Thousand .($40,000.00) Dollars earnest money required at contract signing. The contract will then be assigned to the Couhty. The duty to close does not arise until all required development permits are in hand. All acquisition costs would be reimbursable out of special assessments. , RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize contract assignment: FUND{NG SOURCE:. ATTACHMENTS: ~ • REVIEWED BY: LEGAL: FLNANCE: Approve BUDGET: N/A ~ HUMAN .RESOURCES: N!A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval and authorize contract assignme t. COMMISSIONERS' ACTIONS/COMMENTS: r COUNTY COMM15S10N€R~, APPROVED C--~--- RE.IECTED REMOVED O • `POSTPONED O HEARt~ DATE ,- 9/~I g: ~GLr,ti.~ New Hanover County Contract # 00-0112 STATE OF NORTH CAROLINA " .. ,.. ASSIGNMENT.OF CONTRACT COUNTY OF NEW HANOVER - ' Agreement made this day of 1999, .between New Hanover County, a unit of government of,the State of North Carolina (County), and Figure "8" Beach Homeowners Association, Inc., a North Carolina non-profit corporation (Association); ~~ ' W I T N E S S E T H: • WHEREAS, the -County is 'pursuing •aii~~erosion control project - ~ S i .. - consisting ~in•-part of relocating Mason Inlet"to a more northerly i. ~ ' ~ . location and depositing 'excess sand'bn"the ocean beaches of Figure Eight Island (the Project); and WHEREAS, the Association has negotiated a coritractto purchase property rights from the George Henry Hutaff Trust No: 2 (T t) th t rus a are necessary for the construction of the Project, a.copy of which is attached hereto and incorporated herein by reference as Exhibit A; and ` WHEREAS, the Association wishes to assign its rights and obligations under the contract to •t•he County _ and tYie' County. wishes to accept such rights and obligations; and ~.., ,. WHEREAS, the Association has made the .$40,000.00 down payment required by the contract which sum is part of the total project cost that is to be allocated to the properties benefited by the project; and W HEREAS, i t i s appropriate for the County to reimburse the /+ ~~y / y ,~ ^ y y -.#?,f`: 4)~ ¢'.ra~'.:)~.~Yf~ri t!~~~ D. Y 1 ~Y't Y4 U Association for its expenses when and if the transaction is closed and 1 - T ''i. ' . r--~ • ~ tl~ to include the $40~,00~`0~""wth the other project costs in determining the 1 ~otal costs to b„e ~re"covered from the benefited properties through ~, :1 ~ . ~•. assessments '_ "_ + New Hanover County Contract # 00-0112 __ NOW, THEREFORE, the parties in consideration of .one dollar and other valuable considerations agree as follows: ' 1. The Association hereby conveys-all of its right, title and interest in the contract to the County with the exception of those .matters relating to agreements between the Trust and the Association involving access to and development of the Trust property on the south .end of ,Figure Eight Island as addressed in paragraphs 9, 11(a), and l9 of the contract and .in Exhibit F of the contract. 2. The County hereby accepts the assignment of the contract and assumes the. rights and obligations of the Association under the contract except as set forth in paragraph 1. above. " 3. The County will reimburse the Association the $40,000 non-refundable deposit paid by the Association upon the .closing of the transaction but will not be obligated to make such reimbursement if the IN WITNESS WHEREOF, the parties have hereunto executed this agreement in appropriate form effective the day and year above written. transaction does not close. 4•. If the County decides not to close the transaction it will assign the contract back to the Association, if the Association so requests. FIGURE EIGHT BEACH HOMEOWNERS ASSOCIATION CORPORATE SEAL By: Edward S. Barclay, III - President 11 '. New Hanover County Contract # 00-0112 r ATTEST: Secretary _. .. NEW HANOVER COUNTY SEPAL) ~ .. .. ~ g ~, ., -.: William A: Caster, Chairman . ~, ATTEST: . ~. ., Lucie F. Harrell C1 erk to the Board '~ WAR\ENVIRON\R96-233-183 rr: ~,~ 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Regular Item #: 5. Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Neal ~ , ` SUBJECT: Consideration of Amendment to Design Contract with Sharpe Architects BRIEF SUMMARY: On Wednesday of last week Commissioner Howell and I heard a presentation by Sharpe Architects on options/alternatives for administrative space. As a result of last Monday's jail session with Carter/Goble, asked Sharpe to present a contract amendment to analyze the possibilities of converting the existing law enforcement and third floor Bell South space into administrative space. RECOMMENDED MOTION AND REQUESTED ACTIONS: At agenda preparation time the amendment proposal had not been received by Sharpe. The proposal will be forwarded to you as quickly as possible. - FUNDING SOURCE: ATTACHMENTS. REVIEWED BY: ' LEGAL: FINANCE: NIA BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOM DATIONS: Consider contract amendment as noted-abo e. ' COMMISSIONERS' ACTIONS/COMMENTS: ` -r C4UN'tY t~MMiS~~_ ARPROVE~ ~/ REJEC7E© 0 `REM01lED Q'• ~.. - - POSTPONED ~, HEARS ^ ~ ~ t;+~'~v ~J;~u~t`l ~ ~r C~ ~ r ~ ~'+~Y~~~S~rd 4 ~ ,~ o-, ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS- REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 , Regular Item #: 6 Estimated Time: Page Number: Department: Health Presenter: David Rice, William Steuer Contact: David Rice • SUBJECT: Installation of Wiring for Generators in Shelters During Emergencies ' BRIEF SUMMARY: Lack of generator resources during the first 24 hours of previous emergency events, has adversely affected shelter staffs ability to insure protection of public health and safety during the events. A solution to this concern has been reviewed by County staff, Board of Health, and CP&L representatives. This solution has been approved by CP&L for use during this fiscal year only, and has been reviewed and approved in concept for the wiring scheme by County Inspections and Emergency Management Departments. The cost of installation is included in the attached memorandum. n,o~' Lcss RECOMMENDED MOTION AND REQUESTED ACTIONS -~~~^^' Approve installation of necessary wiring to transfer p r to shelter generators early in the. emergency event. CP&t_ will disconnect power to four schools 4 - 5 hours before the emergency. This will allow generators to be connected immediately upon the Board of County Commissioners making a declaration of emergency. FUNDING SOURCE: County Fund Balance and, if a national emergency is declared, FEMA ATTACHMENTS:. YeS . REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: NiA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS~AND RECOMMENDATIONS: Two issues are involved in this item. One, an alternative means of wiring generators to school shelter without the use of manual transfer switches has been proposed. This means has received conceptual approval by Inspections, but will require final approval once specific plans have been developed. Manual transfer swithces are the preferred method .but cost at least $50,000 each and cannot be done during the main part of the current hurricane season. The second issue concerns timing of generator placement and wiring. The Health Department wishes for the generators to be hooked up possibly 24 hours before the hurricane strikes. The cost of pre-wiring and placement of generators could cost from$25,700 - $250,000 for four shelters. If the work is done and the hurricane does not strike, FEMA will not reimburse the County. The Health Department feels that the risk of committing from $25,700 - $250,000 per event is worth.the benefit of insuring that public health, comfort, and safety ariefp~otec~'~tvd~imrn~~`e~~~atel~y once CP&L loses power. The wiring will be used for the installation of permanent:m~ntaalrtrariSfeCS~a--the fire. e- REJECTEQ Q `'"` ~ COMMISSIONERS' ACTIONSICOMMENTS: REMOVED 0 }~~~ . POSTPONED D HEARp p ~~~ Memorandum 16 . To;., . New .Hanover County Board of Health ~ , ',. 4 From: David E. Rice, Health Director ``~ ~ ~- f; . ~. Date: 08/24/99 ~ ~ . ~. Re: Generators/Hookups at Emergency Shelters .. .. , .. . Concern: Protection'of the public health and`~safety during emergency events. Reason for Concern: Past experience of Health Department staff assigned to emergency shelters. (Examples; Shelter residents use of illegal di-ugs~ and .alcohol; resident walking around in the nude; young girls chased by older man; buildings hot and humid with no lighting; toilets clogged, people becoming ill, etc.) Direct Cause of Concern: Health Department staff believes this concern is directly attributable to lack of generator resources during the first twenty-four hours and beyond. ~ ,. -. Solution to Concern: Staff from Carolina Power and Light (CP&L) County Manager, Assistant County. Manager(s), County Engineering, County Inspections, Board. of Health. Chairman; Health Director and Nursing Director(s).have met, and have agreed to the following solution. , ~. - ~Instal'I necessary°wiring to transfer power~to-generator early in_emergency event. CP&L''will disconnect' power to"four (4) schools 4-5hours.before the 'emergency. This will al;l,ow generators (at'ieast 300 kW) to be connected immediately upon the New Hanover. County Board of Commissioners making a declaration of, emergency. ~: ~~~~~1 r; ~ ~~~~"~~ ~ ~~ d !1 ~, • New Hanover County Board of Health . August 24, 1999 ~ " Page 2 . Resources Necessary to Achieve Alternative: County staff to supervise electrical contractor to wire and maintain generators. CP&L and engineering firm to develop appropriate drawings and standard operating procedures for review and approval by NHC Emergency Management and Inspections departments_ a Wire $15 per foot X 500 feet $ 7,500 Sub Feed Lugs $600 per lug X 4 sites $ 2,400 .Pass Through (wall) $200 per site X 4 sites $ 800 Electrical Contractor $10,000 . Engineering $ 5,000 ..Total Expenses $25,700 Recovery Costs: Recovery of costs from FEMA will be dependent upon whether or not .NHC is directly affected by the emergency. The range of expense could range from $50,000 to $250,000 per event. Benefits to Solution: Staff will have adequate emergency facilities. Residents will receive shelter from the, emergency and increased assurance that their health and safety is protected during their stay. " Drawbacks to Solution: Shelters wil'I be put into operation before the. determination that New Hanover County wilt be impacted by the event. CP&L will cut off power to the shelter before knowing if the shelter will actually lose power. CP&L may not be able to restore power immediately after the event because crews will be busy meeting other power needs. Feasibility of Solution: CP&L has only approved this solution for 1999. Permanently installed manual transfer switches will be required in 2000". Plans: Install manual transfer switches at emergency shelters. Consider the purchase and installation of permanent generators to immediately address the public health and safety needs at the emergency shelters. Attachment: 1' z 17 18 P' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION _~ Meeting Date: 49/07/99 Regular-Item #: 7 Estimated Time: Page Number: Department: DSS Presenter: Contact: Pat Melvin . , Child Support Contract BRIEF SUMMARY: On May 3, 1999, the Board of Social Services was requested to formulate recommendations to the Board of Commissioners on the renegotiation'or.amendments to the contract with Corrvantis to operate the county's child support Program. On June 8, 1999, the Board of Social Services voted unanimously to recommend that no changes be made to the contract but that Corrvantis be allowed to postpone payment of $322,000 due to the county until June 30, 1999. That recommendation was forwarded to the Commissioners by letter on June. 9, 1999. On June 30, 1999, Corrvantis made a partial payment of $150,000'on the $322,000 due. On July 7, 1999, Mr. Corriveau, Owner of Corrvantis, informed the director that he would pay the balance by September 30, 1999, or when he received payment from another county. Further, he requested that the Board reconsider their decision of June 8. The Board met . on August 25, 1999, with representative from Corrvantis and staff from the Manager's Office, Finance Department and County Attorney's Office in attendance. After discussion, the Board voted unanimously to recommend that the Commissioners declare Corrvantis in default on its contract and pursue legal remedies: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board declare Corrvantis in breach of contract and direct the County Attorney to send appropriate notice to the contractor setting forth thirty days, as provided in the contract, to cure the breach; that the County Attorney notify the surety of the breach; and that failing to cure the breach, the contracf will be terminated. FUNDING SOURCE: ATTACHMENTS: ' ITEM DOES NOT REQUIRE REVIEW ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend the Board support the position of the DSS Board. If the contract is terminated the DSS will be required to reinstate the services. Cost estimates will be availabe at the meeting on Tuesda COMMISSIONERS'. ACTIONS/COMMENTS: - . COUNTY COMMI~I~IJE~, . APPROVED- ^ REJECTED Q REMOVED ^ sf; ! ... POSTPONED ^ . HEARD ^ 19 ~~ ~~ FINANCE OFFICE 320.CHESTNUT STREET, ROOM 602 WILMINGTON, NORTH CAROLINA 28401-4091 TELEPHONE (910) 34„1-7187 •• :. FAX (910) 341-4025 _ - - _. _ - - . BRUCE T. SHELL, CPA Finance Direcror JULIANNE M. GRIFFIN, CPA Deputy Finance Director BARBARA D. McCLURE, CPA Assistant Finance Director .MEMORANDUM TO: New Hanover County Board of Social Services FROM: ; -Bruce T: Shell, Finance. Director ~ Barbara D. McClure,. Assistant Finance Director. ~/ , DATE: August 25; 1999 - ~ _, . • RE: •. Corrvantis, Inc: We thank you'for the invitation'to participate in your Board meeting this morning.arid want to state our support for the recommendation to the County Commissioners~related'~_ to the contract with Corrvantis, Inc. for Child Support Services. Although :not the major concern with Corrvantis, we feel clarification is needed on the billing for Sheriff Dep.artment~services for child: support collection activit'ies.' Corrvantis receives a monthly invoice {generally about the 10~' of the following month) ~fo~ wages;' benefits, and mileage incurred by assigned Sheriff's deputies. A cumulative statement for all unpaid amounts is mailedon or about the first of each month-following the invoicirig. This is the'procedure that,has~been followed for all of;the five months for which payment has. not'been received -March ~through:July 1999. ~ , .~,_ .. , _ As noted in prior e-mail correspondence, the total amount now due for deputy services .. is $30,314.26, of which $21,698.41 is past due. Late penalties have been abated. Mr. Corriveau apparently expects collection telephone calls from the County, and irrlplied that without those. he did not know payment was due. Clearly, payment is due and the billings have. been received by Corrvantis. We do not regularly call past due accounts, rather statements are mailed on a monthly basis from which we expect payment, This account would have been turned over to our Legal department for collection under our normal procedure; however, we delayed legal action due to continued discussions. between the County and Corrvantis on other payment issues. If you have any questions or want,additional information; please feel free to contact V1%ayne or either of us. cc: New Hanover Board of County Commissioners Allen O'Neal, County Manager ~ ` ' Pat Melvin, Assistant County Manager Kemp Burpeau Assistant County Attorney (~ ~, Waynei4Morns'~TDSS~Director 2 " ' Dennis (Corriveau'; ~Corrvantis, Inc. ~~~ ' ' ~`. ~'i~ny{+~;~?~d YC".i~°"ti...a.,_.;cli:.-.+e.:..YYii+%„-"C' .i5t ~~.A tom.... •3 i F 1.1 RUG-26-.1999 THU 04,52 PM NHC DSS ADMIN FAX N0. 9103414022 • ~~W ~.~~~~~. ~Q~~~ ~~~ 1 1650 GREENFYELD STREET POST OFFICE bR.AWER 1559 WILMINGTON, NORTH CAROLINA. 28402-1559 (199s-p~> TFLEPNONE (910) 341-4700 FAJC(910) 341-4032 pcrrickR. Anderson, Chairman Richard C. Snyder, Vicc-Chairman 7CVomaa ~._ Anh,u June 9 X999 Frsnces C. Castillo ~ 5hcrznan L. Crincr William A.. Caster, Chairman New I~anover County Board of CocYUr-issioners 320 Chestnut Street Wilmington, NC 28401 T7ear Chairman Casket; N. U~ -The New Hanover County Board ofSocial Services met in special called session at 8:00 a.m. _ on June 8, 1999, to consider.a recommendation to the Board of County Commissioners on the ,,,,~,,; operation of the Child Support enforcement program in New Hanover County. Upon a joint ' motion by Sherman Lee Criner and Richard C. Snyder anti a second by Thomas ~. Arthur, the beard voted unani.rnousiy to .recommend that the prograrra remain with Corrvantis and that. Corrvantis' request for a change in the payment schedule be granted aztd the retluest for a change in overhead ealculatioc~s be denied. The complete recommendation including the Board's rationale is included in the enclosed memorandum: We appreciate the opportunity to carry out our statutory duty of advisirib you on this it7xporfant program. . ~ Sincerely, ~...;~ .~~- ~ Uerr'ick R. Anderson 'Chairman Enclosure N1Eti1BbR: NOR7'HCAROLINAASSOCL4T14eVOFC0UN7"YBD.~RDS ~~ OF SOCIAL SERYICFS 21 AUG-26-1999 THU 05;10 PCi NHC DSS ADt1IN FAX N0. 9103414022 P. -02 ,. ~~~ ~~~~o~A~~~ TO: New Hanover County Board of Commissioners -Chairman William A. Caster, Vice- Chairman Robert G. Greer, Corrunissioner Buzz $irzenieks, Commissioner Ted Davis, Jr„ Corx:znissioner Charles R. Howell F1R.Q;YI; New Flanover County Board of Social Services -Chairman Derrick A. Anderson, Vice- ChairmanRichard C. Snyder, ThomasE. Arthur, Frances G. Castillo, ShermanBee Criner DATE: June 8, 1999 RE: Child Support Enforcement The 1970's Social Seciu~ty Act Title T~V-D authorized Child Support Enforcement Program with the intent to collect child support from absent parents fio offset public assistance. The.I~lew Hanover County Commissioners designated the program to be run by the New Hanover County l7epartment of Social Services.' In 1997 a new computer System {ACTS) was installed necessitating increased staffing if the program was to comply with federal guidelines. TheNe~v l-Tanover County Department of Social Services was informed try the Nevr .I-lanover County Manager that approval of additional staff positions was unlikel~r. The New Hanover County Board of Social Services began looking into ~alternativ~ forms of "'~ . complying with federal guidelines and effectively providing the federally rnandatcd service. # At the New Hanover Colinty.Board of Social services Budget Ratreat of March 6, 1998, Service D~ o (~ Associates (SDA) made a p~esentationto Takeover the ChildSupport Enforcement Program. Asp \ the negotiations, SDA agreed to hire the county child support staff at a twentypercent increase in salary, nearly double staffutg and guarantee that New Hanover CoLUtry would receive no less than 5175,000,00 revenue over expenditrues annually. As a condition precedent to transferring the program, SDA was to procuie a performance bond. -The three year.. contract. was subsequently r.ecorr~mended by the New Hanover Board of Social Services and adopted by the Ncw Hanover CoLtnry Commissioners through September 30, 2001. Mr. Comveau approached Wayne Morris, Director of New Hanover .County Department of Social Services, in April of 1999 requesting to renegotiate or amend the contract:.. It was at this tune the county discovered SDA/Corrvantis had not obtained the performance bond. Corrvantis_i a company owned and operated by Dennis Corraveau who was formerly with SDA. Numerous questions quickly arose as to whether or not there was a valid contract with Corzvantis? Had Corrvantis breached the contract by not obtaining the performance bond? Had New Hanover Caunry waived Corrv~citis' failure to obtain a performance bond? Was Corrvantis a viable company? Mr. Morris informed the 1\Tew Hanover. County Commissioners of the situation at their May 3, 1999, meeting. Y'ou asked that we make a recommendation. .. Our board scheduled a meeting for May 13, 1999, and requested the attendance of Mr. Comveau and "~' members of his staff. Our board also requested that members of the New Hanover County Finance and 22 _ ,. . AUG-26-1999 THU 0510 PM NHC DSS ADMIN FAX N0. 9103414022 P, 08 ' New Hanover County Board of Commissioners June 8, 1999 Page 2 of 2 Attorney's office attend. The meeting was conducted with the intent of gatk~ering relevant and exhaustive information so as tv make an informed recommendation to you. Exchanges of information continued to occur following that meeting. Mr, Corriveau was given a specific deadline by which to provide financial records and to obtain a perforrrtance bond, These conditions have been met. Corrvantis is now in compliance with the. contract and has stated he will abide by the terms and conditions of the contract, although he may have to reassign some employees to other areas of the business. Mr. Comveau is still interested in renegotiating the contract. Mr: Corriveau indicates that his company is not profitable because of the diminishing welfare roles, which he did not properly account for in his busuiess plan. The following is a summary of the c~ttrent situation; 1. The year prior to the Contract with SDA/Convan#is, T~1ew Hanover County's cost for operating the program exceeded revenues by approximately $ ] 41;000,00. 2. Corrvantis has remedied any breach of the contract by procuring a performance bond. 3, ~ Current employees v~th Corrvantis (former employees of social services) indicate they do not tivislt to rettLm as county employees based on the county pay schedules: 4, Corrvantis is requesting a payment schedule to help his cash flow. S: Corrvantis is requesting a reallocation of overhead expenses. 6. Corrvantis will abide by the terms of the contract but will reallocate employees to help with expenses. 7. At the end of one year Corrvantis is no longer under a obligation to reserve employment for the former employees of social services. Our Board has looked hard at this situation keeping in mind two primary goals. 1^irst, we must insr>re that an appropriate level of service is provided to Neiv 1~~anover County citizens. Second, if the first condition is being met, then we should look to the most cost effective method of providing the service. We were also mindful that we not recotnrnend any action to yo~~ that puts New Hanover County at risk of breaching the contract and providing Corrvantis with legal remedies against new ~~anover County. B aced on the above, ouz board recommends that the program remain with Corrvantis. Our board further recommends that New 7fanover County grant Corrvantis' request far a paymeztt schedule but deny the request for a reallocation of averhead. Our position is that we have a valid contract with Corrvantis and he has an obligation to abide by its terms and condition. Xt is our opinion that tha granting of the Payment schedule does not materially alter the contract. Out' Board will remain diligent izt tracking the performance of Corrvantis to insure that the proper level of service is being provided. If in the, future, our Board discovers Corrvantis is not providing an acceptable level of service, we will revisit the situation andnotify you at once. The situation cart be re-evaluated at that time, • 23 24 . NEW HANOVER COUNTY BOARD OF COMMISSIONERS : ~ . REQUEST FOR BOARD ACTION ® Meeting Date: 09/07/9.9 Regular Item #: 9 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney . Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: ~ , Public Hearing on Water and Sewer Project BRIEF SUMMARY: On August 16, 1999, the Board of Commissioners adopted a preliminary assessment resolution providing for construction of a public water and sewer project to service one thousand one hundred five (1,105) parcels, more or less, in the Wilmington Beach and Hanby Beach areas. 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 consider eructing final assessment resolution. FUNDING SOURCE: ® ATTACHMENTS: ,.~ _ . Wilmington-HanbyBeachFinalAssessme ' REVIEWED BY; LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES:. NIA COUNTY MANAGER'S C NTS AND RECOMMENDATIONS: Conduct public hearin COMMISSIONERS' ACT ONS/COMMENTS: ' rCOUNN COMMI~~R$1 APPR©VED L' REJECTED ^ REMOVED O • • POSTPONED ^ 2 HEARD p DATE ,- ~I,~~~.:~;:~;~,~.,,~,~ FINAL ASSESSMENT RESOLUTION OF THE - NEW NANOVER COUNTY ' °. ~ . . ' • BOARD OF COMMISSIONERS, ' ~ :. WHEREAS,. the New Hanover County Board. of,Commissioners has determined that it is in the best interest of the County to evaluate sponsoring a public water and sewer system to service portions of Wilmington Beach and Hanby Beach and. that in order to construct such project it would be necessary to assess ali of the cost thereof upon the real property benefitted thereby; WHEREAS, a public hearing on all matters covered by this Resolution being held at 6:30p.m. on the 7`h day of September, 1999 at Courtroom 317, New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina; NOW,, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners, that: .:.... ~. ~. , 1. It is intended~'that~a public water and sewer system be constructed to service one 4thousand one hundred five (1,105) parcels,, more or less, located at Wilmington ' Beach acid Hanby Beach ih unincorporated New ~ Hanover County, more fully described in Exhibit "A", and incorporated herein, by r`eference." 2. One hundred percent. (100%) of the net cost of the.projecf shall fje.assessed against the benefitted properties. a 3. The basis for the assessment against the benefitted properties set forth in Exhibit "A" shall be as follows: • the area of land served, or subject to be served, by the project, at an equal rate per unit of area (square foot) ~~ 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 ten (10) annual installments, bearing six percent (6%) simple interest per year, payable,.as following: The first installment with interest is due on the date when property taxes are due, and one installment .with interest is due on the same date in each successive year until the assessment is paid in full. Adopted this 7'h_ day of September, 1999. (SEAL) ~~ " c ATTEST: ~ ~Cl,~~~ Clerk to the==Board~~u^--* ~~"`V°" ~~ New Hanover County William A. Caster, Chairman ~l NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 09107/99 Regular Item #: 10 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT:. , ' Contract Amendment #98-0260A Engineering Services, P.A. WiGmington-Hanby Beach BRIEf SUMMARY: The sewer project for Wilmington-Hanby Beach was considered two projects until recently, with Phase 1 being the developed area and Phase II being the undeveloped area. Carolina and Kure Beaches have asked that the County include design and construction of a water system in parallel with the sewer. to reduce overall project cost and to also minimize the inconvenience to the residents in the area. Staff .met with the Tucker brothers, owners of most of the undeveloped property, to determine the exact amount of the undeveloped property to be served in Phase II. As noted on the attached map, only a small portion of the undeveloped property is proposed to be served. Since the undeveloped portion of the project has been reduced, Phases l and II will be combined into one project. ® In order to add the areas not originally in Phase I, and to add" the water for the project, it will be necessary to amend the engineering contract. We have negotiated and received an additional fee proposal from the engineering firm of $114;350 to perform the additional design work and provide contract administration. A break down of the additional engineering fee is attached for your information. RECOMMENDED MOT10N AND REQUESTED ACTIONS: recommend that the amendment to Engineering Design Services be approved in the amount of $114,350..In addition, authorize the Chairman to execute the contract amendment. FUNDING SOURCE: ' 880-470-8800-7300-6000 TTACHMENTS: WPWin 6.1 Location Map REVIEWED BY: LEGAL: Approve A a+vu~Y ~ I IYIf11YM Recommerid app COMMISSIONEF FINANCE: Approve BUDGET: Approve NTS AND RECOMMEN H u M Ct1UR1V7YoCOMMISSION~, APPROVED C/ .REJECTED ^ REMOVED ^ - POSTPONED ^ HEARi7 ~,i ©ATE .._9-~?~_q ~ ~Lc 2~ ,.: ENGINEERING SERVICES CONTRACT AMENDMENT 98-02b0A WILMINGTON-HANBY BEACH AUGUST 23, 1999 PHASE I Water Engineering $ 44;000:00 Contract Administration $ 28,750.00 -~ ~ Sub=total $ 72,750:00 PHASE II - Sewer ,~, .. Engineering ~ ' ~ .. $ 17,900.00 Contract Administration $ 10,400.00 Stub-total ~ . ~ $ 28,300.00 , Water Engineering ~ $ 8,400.00 Contract Administration ~ 4,900.00. ~ s - Subaotal- $ 13;300.00 Total Additional Fee $114,350.00, ,- bY~[ R4i4~~}• ~ ~ 2 8 ~ ~ ~~~~~~~~ .. ~ ~ ~ . . ~~~ w-f. ~ .. . ~~ ~, ~R~: ~~~ ~ ,, . ~ New Hanover County Contract # 98-0260A NORTH CAROLINA AMENDMENT NEW HANOVER COUNTY THIS AGREEMENT, made and entered into this day of _____ 1999, by and between NEW HANOVER COUNTY WATER AND SEWER DISTRICT, a body political and corporate of the State of North Carolina, hereinafter referred to as "District", and ENGINEERING SERVICES, P.A., hereinafter referred to as "Engineer"; for additional services described below to be rendered for the following Project which is hereby .amended to provide public water in addition to sewer to the unincorporated areas situated between Carolina Beach and Kure Beach: design, develop specifications and construct- documents, prepare a final cost estimate. The Engineering Proposal marked Exhibit "A", setting forth the costs for the additional services, is attached .hereto, and incorporated herein by reference to the extent not inconsistent with the express Articles set forth herein.. Construction services/administration may be requested through Change Order. 1. The Scope of~Work set forth in the original Agreement executed April 15, 1999 is hereby amended to include those services set forth in Exhibit "A". 2. The Basis of. Compensation is hereby amended to.add those payments set forth in Exhibit "A" for Phase II work in the • 29 . New Hanover,County Contract # 98-0260/ recent Order to Proceed issued authorizing such. works to ~"be undertaken. 3. .Termination by District without cause is hereby amended such that District may terminate or delete from the scope of the Agreement any work relating to Phase II of the project, without~an~y obligation whatsoever to reimburse Engineer for Phase .., II, Related Costs, provided such District's termination or deletion occurs prior to the District issuing Engineer a Notice to Proceed for Phase II work. Any District termination or deletion occurring after issuance of said Notice shall require compensation of Engineer for said services performed prior to termination or deletion, together with Reimbursable Expenses incurred. 4. Exce t as s ecificall above amended Ne'w Hanover Count P p Y ~ Y Contract #98-0206, entered into April 15, 1998, shall remain in full force and effect. ~IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written and by authority duly given~~. NEW HANOVER COUNTY -- WATER AND SEWER DISTRICT [SEAL ] ~ . - Robert G. Greer, Chairman 30 (~ . New Hanover County Contract # 98-0260A ATTEST: , .Clerk to the Board ,- ~. ENGINEERING SERVICES, P.A. [SEAL]- - President ATTEST: Vice .President , This instrument has been pre- audited in-the manner required - by the Local Government Budget and Fiscal Control.Act. Approved as to form: County Finance Director County Attorney . NORTH CAROLINA NEW.HANOVER COUNTY I, a Notary Public of the State and County.- aforesaid, certify that .Lucie F. Harrell personally came before me this day and acknowledged that -she is Clerk to the Board of County Commissioners of New Hanover County Water and Sewer District, and that by authority duly given and as the ,act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested ~by herself as its Clerk. WITNESS my hand and official seal, this day of 1999. Notary Public My commission expires: • 3 31 ' . ' .. ':New Hanover County Contract # 98-0260/4 STATE OF '_' , COUNTY OF I, a Notary Public of 'the State and County aforesaid, certify-that personally came before me this day and acknowledged that .(s)he is Vice President of , and that by authority duly given and as the act of the professional association, the foregoing instrument was signed in its name by its President, sealed with its official seal and attested by herself/himself as its Vice President. WITNESS my hand and official seal, this day of 1999. Notary Public My commission expires: 32 4 ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST fOR BOARD ACTION .~ Meeting Date: 09/07/99 Regular Item #: 11.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess ' SUBJECT: Item 1: Rezoning Request R-15 to CD (B-1) BRIEF SUMMARY: The Planning Board voted 5-1 in favor of the applicant's request with modifications. Changes from the original request included limiting the CD(B-1) districtto phase 1 only and restricting each building to no more than 5,000 square feet. Several Kirkland residents spoke in opposition. Concerns included additional traffic and noise, increased taxes, child safety, and residential impacts to the 75 homes in Kirkland.The residents. also stated that proposed commercial services in the area would have no benefit; services were available at Porter's Neck less than one mile from their homes. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board voted 5-1 in favor of the,applicant's request with modifications. FUNDING SOURCE: None ATTACHMENTS: ' 5 pages REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: r~U~ COMIVq~10N~~ ApAROVED C7 REJECTED Ctir~ ' REM~VE© ^ .. ' POSTPONED ^ HEARD 0 DATE ..~~~~=l~=~I_~a'-'~.~ ITEM A CASE: REQUEST: ACREAGE: Z-672, 8/99; Applicant: Robert•High (1{ utch Creek Properties) R-15 Residential to CD- (B-1) 13.20 L®CATIONc 8700 Block Market Street, Southeast Side _ •, . LAl'~1D CLASS: Resource Protection- This land class designation provides for ,, the preservation and protection of important natural, :historic, scenic, wildlife, and recreational resources. Residential density can not exceed 2.5 units lots per acre. Planning Board. Recomrneridation~(August 5; 1999 Meeting), The Planning Board voted 5-1 in favor of the applicant's request with modifications:- Changes: from the original request included limiting the CD (B-1) district to phase l only and restricting each building to no more than 5,000 square feet. Several Kirkland residents spoke in opposition: Concerns included additional traffic and noise, increased taxes, child safety, and residential impacts to the 75 homes in Kirkland. The residents also stated that proposed commercial services in the area would have no benefit; services were already available at Porters Neck less'than one mile from their homes. Staff Summary & Recommendation The original rezoning petition (R-15 Residential to B-2 Highway Business) was withdrawn by the applicant last month in order to submit under Conditional Use District`guidelines. As mentioned in last July's staff summary, Cotinfys'ewer lias become~available in-the area due to the extensive renovation of the Kirkland Community by New Hanover County. Also available to the area are proposed plans by NCDOT to create a Service Road as part of the,Highway 17;~ improvements slated fo begin in July, 2000. This Service Road will run through the front portion of the applicant's property. As depicted on the attached site map of the proposed rezoning request, this property is totally enveloped by R-15 zoning. Properties surrounding the request are also vacant. Across Market Street from the applicant's request is the Kirkland Community. Kirkland was established in the early 1920's as a residential community and has seen extensive renovation work to existing housings:forsthe';past~~s~eJe~a~iye~a~ `s. State and Federal monies wre also used to extend County sewer to the area. ,~~~~~ J~, ~~~~v~o :~-~uJ At the present time approximately 2 commercial zoning districts exist on the southeast side of 3.4 Market Street from Futch~Cree`k Road to the New Hanover- Pender County line. The B-2 Highway Business District~l"orated in the southeast quadrant of Futch Creek Road and Market Z-672 (cont'd) 2. Street is currently under utilized. Several years ago, a "Mom & Pop" grocery operation existed. The other existing commercial district located several hundred yards northeast of the applicant's property has been sporadically used: These two areas are remanents of older land use patterns created in the 60's and 70's. In retooling from their rezoning request to conditional use, the applicant proposes to have approximately 63,650 square feet of retail space and approximately 22,400 square feet of "services." The proposed Service Road will provide access to these proposed facilities: Building setback allowances have been made in accordance with the Special Highway Overlay District , (SHOD) requirements. Additional setback and buffer yard requirements for adjoining residential property are also displayed. , • Staff continues to remain concerned that the integrity of the Kirkland Community which has existed for over 70 years will be compromised. This tremendous amount:of commercial. intrusion wial have detrimental impacts on a well established neighborhood. The residential land use patterns still provide a rural type lifestyle. Even with the proposed impzovements to Highway 17 this area can still retain its rural. setting that many residents have enjoyed over the years. While arguments will be made for the need of additional commercial property and services in northeastern New Hanover County, staff believes that the services located less than one mile southwest of the area (Porters Neck Shopping Center) are more than adequate. Staff is also concerned. about the potential long range impacts to the Futch Creek Watershed that drains this area. The eastern property boundary is just a fe~v 100 feet from the floodplain. A pilot program in the mid 90's initiated by the Northeast New Hanover Conservancy to clean up degraded waters proved to be highly successful. Present and future efforts to rezone properties to commercial use in this area may compromise present water quality to a point from which they may never recover. Given the impacts this commercial rezoning will have on the Kirkland Community and surrounding neighborhoods, coupled with the Futch Creek Watershed impacts, staff recommends denial. Staff Findings Per Special Use Permit Phase of Application 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. A: The property is located in the Ogden VFD District. B. The site will have direct access to a proposed Service Road for Market Street (part of 17 By- Pass ). C. Sewer service will be provided by the County. 35 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan meeting the minimum requirements has been submitted. ~ ~ } B. Parking requirements of l space per 400 square feet of building area will be required. C. Building size is limited to a maximum of ,5,000 square feet.... D. Buffer yards and setbacks from adjoiriing residential property will,be met.. ' 3. The Board must find that the. use will not substantially injure the value o _ adjoing property. A. The'property will have direct access on the proposed.Service Road... ... - B. Adjacent properties are developed with housing., or are vacant. _. C. Commercial property is located"at the'{intersection of Futch Creek Road and Market Street and northeast of the site. 4. The Board must find that the location and character of the use if developed according to the as submitted and approved tiviI1 be in harmony with the area in which.it is'located and in general conformity with the plan ©f development for.New Hanover County. A: Commercial property is located.to the southwest at Futch Creek Road andynortheast (1,000 feet) from the site' ` B. The proposed'Service Road will accomodate traffic using the commercial services. . . . 36 r~ ~, \~ . ,~`y ~+ ~~ ~~ ~~ m~ ca~'p0 4 ~~i~ ~1~. ~r~. ~ ~~ ~ \ •• ~~ • •• ..+. ~ ~ •~ ~~ ~ N '. •• ~~~ ~ ~/ `V ~ Y__L._G1 y ~ 1G' b 1 m iG ~ o ~ ~ ~ _= Y ~ '~'' ~ C u w ~5 n -° ~ ad = H x LL h w J ,. Z ~ ~ Y U W ~ C O C7 4 ~ Z_ Q ~ w Y ~ W Z w Z w Q = wCCWYf/J - rw ,~ = w 2~ 0 ~~ Q ~ W O O p S ~ $ ~ JJ_l W W -_ 0] Z~~~ } Z J.J 6 O p O WO~O¢_O..II¢~~W`=00 (~..+ ~ QZZOZZ ¢UyU x202 to ~5¢~p N w v ~z } ~wwO~wNw`~ N u~= ooo~oo~s¢~~r~-c~,~r~-~ ~ r a ~-~c~~c.~c~c~c~~ ~ N ~G .=cvc~i~ui~et~woi° =~~~ r ~N O O / r ~~~ \~~ ~ _ t s..' ~;;:~; 37 i { i Z-672 ~'etitian Suanmary ]Data ~ ~ - Owner: Futch Creek. Properties i , Existing Land Ilse: ;Vacant ~ , Zoning History: Originally zoned in July, 1972 , i Water Type: Individual Wells ~ ' Sewer Tvpe: County Sewer ~ .~ ~ . ~ "" Recreation Area: Ogden Park ~ , Access and- Traffic Volume: 17,400 ADT, 1997 Data; Market Street ]Fire District: Ogden ~ ~ , Watershed and Water (Duality Classification: SA- Futch Creel{ -, A if R h A P i qu er ec arge rea: r mary ~J Conservation/Historic/Archaeologic Resources: None ' Soils: Leon ~ Lynn Haven ~ , Building Suitability: Severe Wetness y .. Schools: Ogden Elementary 3~8 ~ ~ ~ . -~ . ., ,- ,~ w , ., NEW HANOVER COUNTY BOARD OF COMMISSIONERS ' REQUEST FOR BOARD ACT10N Meeting Date: 09/07/99 Regularltem #: 11.2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess • SUBJECT: Item 2: Text Amendment -Amend Thoroughfare Classification Plan by Reclassifying Hinton & Park Avenues to Collector Road Status. BRIEF SUMMARY: The Planning Board voted 6-0 recommending approval of Park Avenue only. Even though Hinton Avenue met the criteria for collector road status the Board concurred with the staff and several Hinton Avenue residents that the proposed road designation was not om a is with the existing residential neighborhood. One other residential concern along Hinton involved inadquate drainage and potential land use impacts if rezoned. RECOMMENDED MOTION. AND REQUESTED ACTIONS: ". .The Planning Board voted 6-0 recommending approval of Park Avenue only. FUNDING SOURCE: None ATTACHMENTS: 2 pages REVIEWED BY: ' LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: . rtAUN'I'1- COMMISSfON€!~~' APPROVED [~~~ • ~ REJECTED p REMOVED p ~) POSTPONED ® HEARD p ;? • DATE «~.~Y~? ~~~' j ~?1~ • ~~.~ Gc A v~~.~,~. 6~-~. i 39 ITEM[ B TEXT AMENDMENT .. }, ~ .i: A-298; 8/99 Request By: Jeff Smerko Request For: Amend Thoroughfare Classification Plan by Reclassifying , Hinton &"Park Avenues to Collector Road Status , Location: One Block North of the 5700 Block Oleander Drive .. .. ,, Planning~Board Recommendation (Augu'st 5, 19991VIeeting) - .. ~ . , The Planning Board voted 6-0 recommending~approval of Park Avenue only: Even though .~ Hinton Avenue met the criteria for collector road status the Board concurred with staff and several Hinton Avenue residents that the proposed road designation was not compatiable with- the existing residential neighborhood. One other residential concern along Hinton~nvolved, ~" inadequate drainage and potential land use impacts if rezoned. Staff Summary & Recommendation The petitioner is proposing to reclassify two (2) streets -Hinton and Park Avenues from their current Residential Road classification to Collector Road status. Specifically, the request..would - encornpasses that segment. of Park Avenue.from,the Wilmington City Limits east fo Hinton Avenue and Hinton Avenue from Oleander Drive north to Greenvile Avenue. These road reclassification amendment~is in conjunction with a request by the petitioner to rezone 4.99 acres at the northwest corner of Park and Hinton Avenues from R-15 Residential to Conditional Use District (O&I) Office and Institutional (next item). In order for;the rezoning request to be considered, one or both roads must qualify as collector roads in terms of meeting access requirements for commercial development. This criteria has been adopted by the Board of County Commissioners (November, 1989) and is part of the New Hanover County Thoroughfare Classification Plan. Presently, both roads are classified as residential streets. In order to comply with the requirements of a collector road, the access facility must adhere to one ofd e~fo~l~l~o~~ingt~ego~ 1. Collects traffi ~fromr,,ee~iydentiai concentrations of 100 or more units homes and directs it to a higher facility and ca,~:es,Ialmenimum traffic flow of 1,000 average vehicle trips per day. ~ ~1 ~3~~C31~~1 40 ~~. .,_.a. ~, 2. Provides access~to,~rnaj.orttraffic generators and serves inter-community trip desires. ~ X1;1 3. Serv~~s~as,a~lnk~between~`ar"te ial facilities. w ...-- _. .. E -, A-298 (cont'd) 2. Both Hinton and Park Avenues qualify under category 2. Each road provides access -Hinton, directly; Park Avenue, indirectly to Oleander Drive which is a major arterial. Adcltional road criteria to qualify for collector status is compared with both streets below. Existirig data for both roads is from NCDOT. Min. Road Criteria Hinton Ave.(SR 1424) Park Ave.(SR 142.1) Right-of--Way Width 50' 60' 100' • Pavement Width 18' 20' 20' - Shoulder Width 6' 6' ~ 6' Design Speed (mph) 35 35 35 • Based on the above information, Hinton and Park Avenues are eligible for Collector Road status for the purpose of office and commercial development. While meeting the technical requirements,. staff is concerned about designating Hinton Avenue as a Collector Road. This north to south road has a mixture of residential, commercial, and professional office type uses. All of the commercial and professional office type uses are confined to a one block area north of Oleander Drive. A mixture of residential housing (single- family,,mobile home) exists north from its intersection with Park Avenue to Greenvile Avenue.This stretch of Hinton Avenue is a quite and quaint residential road. Based on the existing residential land use, modifying the road status from residential to collector would open up Hinton Avenue to a host of potential problems such as rezoning pressures, noise, drainage, and other associated ills. Staff recommends that Hinton Avenue remain a local residential street. Park Avenue has a smattering of residential homes,, mainly on the north side of the road. Staff feels that any commercial or professional type uses should be limited to the south side of the road. Park Avenue which runs east to west has historically been the demarcation line between intensive commercial land uses to the south along Oleander Drive with a less intensive. residential area to the north. Based on existing land use patterns in the area, staff recammends that Park Avenue be reclassified from a residential street to a collector road. ~~ t ~ This page i~rtentionallyleft blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION @ Meeting Date: 09/07/99 Regular Item #: 11.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: ' . Item 3: Special Use Permit- Clarification of Number of Dining Seats @ Trails End Restaurant' BRIEF SUMMARY: .. Based on the current economic use of the property and consequences of limiting: the number of dining seats to 110, the Planning Board voted 6-0 recommending that the number of seats total 195. Several nearby residential property owners in opposition were concerned whether adquate parking existed for 195 seats-and whether directional lighting was in place for the restauraht. RECOMMENDED MOTION AND REQUESTED ACTIONS: . - The Planning Board voted 6-0 recommending that the number of seats total 195. . FUNDING SOURCE: None - . ATTACHMENTS: 11 ..pages REVIEWED BY: LEGAL: FINANCE: N!A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~.. COMMISSIONERS' ACTIONSICOMMENTS: . ~ rCOU(VT1/ COMMI~ION€R,~ ~ ~ . APPROVED ~/~ . REJECTED p REMOVED ^ 4 *~ POSTPONED p `~ J .HEARD Or /~ • ,:. , SPECIAL USE PERMIT S- 336: 9/91, 10/98 Revised, Revisited 8/99 Request By: John Coble Request For: Clarification of Number of Dining Seats @ Trails End Restaurant Location:: Eastern Terminus Trails End. Road - ~ , , . Planning Board Recommendation (August 5, 1999 Meeting) Based on the cLiirent economic use of the property and consequences of limiting the number of dining seats to 110, the Planning Board voted 6-0 recommending that the, number of seats total I95. Several nearby residential property owners in opposition were concerned whether adequafe . parking existed for 195 seats and whether directional lighting was in place for the restaurant. ' < ..~ Staff History & Findings ~ ~- In December; 1991 the Board of New Hanover County Commissioners granted~•a special use. ~ , permit authorizing the expansion of Trails End Restaurant located at the eastern terminus of Trails End Road. This expansion was made possible by a companion text amendment a._ . designating the original portion of the dining facility as an "Historic Restauuant." Based on the special use order of 1991, the original dining facility had a seating capacity of 90. The expansion, added 20 seats for a total. of 110.• Seating capacity at that time was based on a total square footage (including expansion) 4,206 square feet. This'amount of square footage required approximately 41 parking spaces (1 space per 3 seats and 1 space per 2 employees). •~ , As you may recall, the Board of County Commissioners denied an additional expansion to the restaurant in May, 1999_ based on neighborhood concerns of increased traffic,. safety issues,.., , noise, and other ills associated with large restaurants adjacent to residential property. Mr. Coble is wanting to clarify the total number of dining seats at Trails End Restaurant. He indicates that a total of 85 seats were omitted in the 1991 Special Use Order. As noted, the County's Special Use Permit Order of 1991 indicates a total of 110 dining seats. A Trails End Restaurant floor plan, dated May, 1987 submitted by Mr. Coble indicates a seating capacity of 88 but does riot specifically address the availability of parking based on the number of seats. County records confirm the 88 diningseat capacity based on the same plan. (see Zoning Enforcement h~.~. Letter-datedt~Ju~lyl~1~6`~1`9~9~9s)~This seating capacity figure of 88 mirrors the Special Use Order of 1991 with approximately~9 Seats. Based on the 20 additional dining seats approved in 1991 due to expansion of~the restaurant Mr. Coble has a total dining seat capacity of 110. 4`-h ~~~ ~it3trd The P:Tanning staff c'on ~cu°~r~~sith Zoning Enforcement that total dining seat capacity is 110. The S{pedal Use-petrmit'and findings will need to be amended to add any additional seating. ~atw~ ~~~ ~'.,.~'~ 'toe ~J STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRP.NTING A SPECIAL USE PERMIT DINING ROOM 'ADDITION TO HISTORIC RESTAURANT The. County Commissioners for New Hanover County having held a public hearing on December 2, 1991 to consider application number 5-336, 9J91 submitted by John and Carole Coble, a request for a Special Use Permit to use the property located at the eastern terminus of Trails End Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the ,following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance will. be satisfied if the property is developed in accordance with the plans submitted to the County. Commissioners. 'Z: It is the County Commissioners' CONCLUSION that the _ proposed use .does satisfy the first general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. -The site is currently occupied by a "historic" restaurant facility. This business_ caters to diners.. and serves alcoholic beverages. B. The site is located within the Myrtle Grove VFD District. C. The existing use and any approved expansions to it would- have access to Trails End Road. The expansion wouldgenerate a minimal amount of traffic on a dead-end residential street. 3. It is~the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance;, namely that the use meets all required _. ~ conditions-and specifications. ~In support of this conclusion, -the Commissioners. make the following FINDINGS OF FACT: A. The ordinance was amended October 7, 1991 creating and. defining "historic restaurant" and establishing. the use • as a Special Permit in the R-15 District. There are no special conditions listed in the. zoning ordinance f~r~ establishing this use. B. Other general conditions applicable to restaurant facilities, include: off-street parking, handicap access, setbacks, landscaping and buffering and Coastal Area ivlanagement Act Regulations: 1) The existing building and proposed addition meet the side ~and•- rea-r setback requirements of the R-15 Residential District. The current sideyard setback for the north side, of the -.building is 28.41 ~fee;t. It is _. 14.8 .feet on the south side.. Other non-conforming • outbuldings are also .,located -.o n, .the; property. - . ' It would be difficult to .apply setback .standards based on building ,height;, given -;..the building's current } location on the site. Th,e maximum building height in the R-T5 District is 35 feet. Neither the existing - ..building or the addition exceeds that limit. - 2) The current facility :.encompasses 341'6+square~feet. -~ The addition would, add. approximately 728.5•+ square ' feet. The facility consists of a~ lounge, dining room, kitchen, waiters' station and hostess area. This .addition would increase the floor area by 210. 3) The restaurant has. a seating. capacity of, 90; and the . addition would increase the number of seats, to 1'10. - _ The lar,ge'st ,number ,of .employees. on ..any given shift is 11. F+pplyin~g ., current standards would mean the re=tauranfi would need a minimum of 41 parking, spaces (1' space' per 3 seats and 2 space per two employees). Ample parking is available on the site. - 4) This site :lies within an area of "Environmental Concern". It-'is immediately adjacent to Masonboro Sound, which is classified "Outstanding,Resource Waters." The,_elimination of an internal marl-covered drive not ,. considered.-essential ,for internal circulation on the -site will. allow, the.; imperviou_s.,surface coverage to remain at its present level and in compliance with CAMA guidelines. ~ r j • 4. It is the County Commissioners' CONCLUSION- that the proposed•use.does'satisfy .the third general_,requirement listed~in the: Ordinance; namely that the use .will not substantially injure the value o;f~adjoining or abutting property, or that the,-use is a public necessity. In support of this conclusion, the Commissioners make.. the following FINnINGS OF, FACT:: A. 'Thy existing ,facility was located on ,the. site prior to the adoption of zoning ,for the .area. Zoning was q.6 established in 1969. B. A minimal ,amount of traffic, lighting, and noise would ve generated.•in the later evening hours.-; 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved. ~~ill 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. In support of this conclusion., the Commissioners make the following FINDINGS OF FACT: A. Masonboro Boatyard and P~larina is located 100 feet to the north. It~is zoned I-1 Light Industrial. B. Properties along Trails End Road are developed with a mixture of housing types (mcbile homes, single-family and attached dwellings). C. A minimal amount of noise, lighting, and traffic can be anticipated as a result of the expansion. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been.-satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERC~IIT be. GRANTED, subject to the following conditions: " A. That the .applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this. special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. C. Other: 1) Site plan as submitted 2) All other Federal, State and local laws applicable. Ordered this 2nd day of Fc C w Attest: ~ ~' ~ ',y 'v -i ~ J' ., Clerk to the Board f~~ wQ, i ~~,__. December,~11991. _ ~ j~i </--]~ .. 1 _ ~_ ``'~ E : 'L . Mathews , Jr J, Chairman i~ 47 Petition Summary Data S - 336 Owner: Lonnie Williams, Jr. for John Coble Existing Land Use: Restaurant - -~ Zoning History: Area originally zoned_ in October, 1969'SUP for existing restaurant granted October, 1991 _, Water Tyne: Community ' Sewer Type: County Recreation Area: Hugh McRae Park Access and Traffic Volume:' 16,000 ADT (1997 count); intersection.of Masonboro Loop and Masonboro Sound Roads Fire District: Myrtle Grove VFD Watershed and Water Quality: Masonboro Sound (SA)- Aquifer Recharge Area: Outside Primary and Secoridary areas Conservation/Historic/Archaeologic Resources: None, but adjacent to waterway,Trails End Restaurant classified as "historic" Soils: N/A Building Suitability: N/A (county sewer) Schools: Roe 48 ~ - S~h~dule A . C~~ECTEID PR®VISIC~I~ F®l~ . OVER Gl~l~tTil°~G SPECIA,I., ITSE PERIi~IIT Colble / 7['~ails End Steak House Paragraph 3. B. . 3) For purposes of determining the required parking, the restaurant - presently has a seating capacity of 175, consisting of 90 seats in . the front dining roam, 60 seats in the rear dining room, and 25 seats in the bar area: The addition would add 20 seats in the front ~ - dining room, while not affecting seating elsewhere in the restaurant, thereby increasing the overall restaurant seating to 195 (110 in the front dining room, 60 in the rear dining room, and 25 in - the bar area). Applying current standards for minimum parking . based upon the restaurant seating and staffing requirements, ample parking is available on the site. 4~9 ANN S. HINES~ Chief Zoning Enforcement Officer ,~ • July 16, 1999 Mr. and Mrs. John Coble 18 West Oxford Street Wrightsville Beach, NC 28480 RE: 613 Trails End Road. Historic Restaurant Dear Mr. and Mrs. Coble: . ~ • • As previously dI5Ct15Sed with you, I have received a complaint regarding the operation of Trails End Restaurant. The concerns 'expressed in the cohiplaint pertained° mainly to ,the use of the adjacent . residentially zoned property in cor`uzection with the restaurant. The adjacent lot has been used for employee parking and customer related boat docking. The pier and dock was permitted as a residential private pier. for private residential use. The adjacent R-1 ~ lot is not part of the historic restaurant facility approved for 613 Trails End Road, by Special Use Permit S-336. Therefore, the use of this adjacent lot. pier and dock for restaurant purposes is prohibited. Non-residential off-street parking, including water-oriented parking as defined and regulated by Zoning Ordinance Section 23-9S; 80-1 and 80-6 (copies attached), may be permitted if approved by Special Use Permit: You can contact the Planning Department for information on the special use process at (910) 341-7165. The complaint also referred to the catering aspect of this historic restaurant. NIy research revealed that there are approximately seventy restaurants in New Hanover County that also provide catering services. This would indicate that catering is a customary practice within the restaurant business, and as such is not a violation of the current zoning ordinance. Finally, the number of customer seats within the restaurant came into question. I researched this issue extensively and found the foltow~ing to be true: 1. A 1987 site plan in a nonconforming use file shows a total of 88 seats. 2. The 1991 SUP 336 site plan does not show- the seating. The application states the current 5O• capacity at ninety seats, with a request for t`venty additional seats and 728.5 square feet of floor space. The restaurant has an approved capacity of 110 seats. If the current seating capacity exceeds 110 seats, then it will have to be red~iced to meet the approved number. Thirty days from receipt of this letter is considered a reasonable amount of time to accomplish this task. INSPECTION SERVICES -11-i CHESTNUT STREET, ROOM Z02 WILhIINGTON, NORTH CAROLINA 28~OI--t04~ ' ~ TELEPHOrVE (910) 341-7118 • ~ F,4,Y (91 D) 341-433? , ~, CERTIFIED RETURN RECEIPT REQUESTED Y vlr. ,and ohs. John Cobie -2- , ~uiv b, 1 X99 .You are requested to cease any and all use of the adjacent residential property' for restaurant related purposes immediately. Further violations may result in the issuance of citations and could jeopardize the • Special Use Permit status of the restaurant. A copy of the New Hanover County Zoning Ordinance. Szction , 132, Penalties, is enclosed for your reference. Please contact me when the seating has been reduced so that an inspection can be conducted to document compliance. I can be reached at (910) 341-7118. This determination may be appealed within fourteen days to the Zoning Board ofAdjustment. An appeal- application is enclosed. Sincerely, ~• Michael W. Allen Zoning Enforcement Officer ivl~~'A/rc enclosures cc: Ann S. Hines, Chief Zoning Enforcement Officer 4 r ~r a ,Mr. Dexter Hayes, Planning Director ~~ °'~ ~ . County Planning Department May 18;` 1999 414 Chestnut Street, Suite 304 Wilmington, NC "28401 Subject: Req~~est to Revise Special Use Permit 5-336 9/91, ><ssued to Trails End Steak ',Howse, ' A Historic Restaurant, To Reflect Acfwal'Use Cgnditions at the Time of Application. Dear M.r. Hayes: On December 2, 1991, the New Hanover Aoard of County Commissioners granted a special use permit to me, .lohn Coble, owner of "historic" Trails End Steak House authorizing an expansion to the facility that included twenty (20) additional dining seats. As you may recall, this expansion was made possible by a companion text amendment whereby the county added a definition establishing- a "historic restaurant" category for the R-15 Residential District subject to special rise permit confezment. ' "Phis special use permit order granted to me specified that the total rnunber of seats with the expansion would be 90 existing seats and 20 new seats. Based on the findings of fact presented by the planning staff, that total would be correct. However, I would respectfully submit that the; finding of that order, specifically Section 3, Subsection 6.3 was erroneous as noted below. Although the site plan that accompanied the special use permit application to staff was admittedly vague, the fact remains that there were 85 existing seats not counted, thus they were not credited and ultimately omitted from the findings of fact. Attached is a site plan reflecting the actual seating count as it existed prior to the expansion authorized by the special use pezrnit. That arrangement was as follows: a central dining room with 90 seats, a rear dining area with 60 seats, and the bar area with 25 seats inclusive of the bar seats. Again, I regret the lack of clarity in the original submittal, but I can attest without reservation that the plan included herewith accurately defines the seating arrangement before the expansion was authorized. It is clear tc me that I would never have agreed to accept the conditions of the 1991 special use permit had I known that I would he forfeiting 85 existing seats merely to accommodate 20 new seats. That would be illogical from a business perspective. These seats are crucial to sustaining the economic viability of my restaurant. Loosing them would be tantamount to business suicide. Because the seats were in place and simply overlooked during the 1991 special use permit review, I would respectfully request that the county correct and revise the special use permit order dated December 2, 1991, to state the maximtun seating allowed is 195, not 110. I. stand ready to provide any additional information you may need to xeview this request. Cordially yours, ~~s 52 ~hn Coble ~.,.J 910-79i-2034 FAX 910-799-9617 18 WEST OXFORD STREET WRIGHTSVILLE BEACH, NORTH CAROLINA 28480 ~~ • Howard Talley 6377 Pine Grove Drive -Wilmington, NC 28409 Home Phone 910-791-3255 August 7. 1999 Dear Sirs: I just wanted you to hear from a Masonboro Sound resident who supports your decision regarding Trail`s 1 End Restaurant. ''~I'tris restaurant is pari of Wilmington's charm. Anytime I have out-of-to~~ n guests visiting. I take them to Trail's End. The setting is rustic and non-commercial as it has been for -4 ~ years (didn~t BC take over from the George's in `56'?). It predates many of the complaining neighbors who are raising fatuous objections. 1 am one of those lyho occasional)}~ parks on the street next to the restaurant. The street nlns directlc into the boat-ramp which, even with a ro~ti of cars parked outside the Trail's End fence is still 2 lanes wide. And ho~~ many people are going to be 'putting in' at 8 pm'? I can't imagine what 'noise' and conunotion might be bothering these neighbors. Sorel}~ the sedate cro~~~d I`ye seen at the Trail's End is not out in the parking lot tail-gating! As for the lights bothering the boaters. 1'ye never he~ird such a ridiculous objection to am~thing. I happen to hate outdoor lighting but just cnlise along the waterway some dark evening and count the 'utility lights' up in even' Tom. Dick and Harn's billion dolltlr waterfront home and tell the again the lights at Trail's End are ioo much for boaters. .And. again. Trail's End predates 9J% of the boaters 1 ~~~ould wager.... • I believe }'ou. the Planning Board understand and have considered the 'charm factor- in making your decision. I just hope the County Conunissloners have the political will to folioly your recommendation. Our count- is becoming overrun with Outbacks, N1cDonalds. Sub~ya~~s, Pizza Huts---you name it. The ~~a~~ to counter Ih1S ireild tOlvardS 110111Ogenlz811011 IS IO help Olir 11I11Cltle b115111eSSES Slay ]Il b11S111eSS. HOl`' Illally Of 115 \1'ISh ~1'e heCl back Unca Henn' Kirkum's Ouster Roast'? Faircloth's Restaurant'? Cannen's`? the Fergus Ark'? the Lumina Pavilion'? Think ho~~ Much those establishments could add to the exotic flavor of this place. Don't let us lose another one by making it unprofitable for Mr Coble to operate. Sincerer-, . ~~~ ~ Ho~~ard Talley. III Hewletts Creek ~ 53 ~, • ,~ ~~ ~~- ~ Mr. Dexter Hayes, Planning Director ~ `~ ~ °~ County Planning Department May ] 8, 1999 414 Chestnut Street, Suite 304 Wilmington, NC ~ 28401 Subject: Request to Revise Special Use ]Permit S-336 9/91, Issued to T ails End Steak House, A Historic Restaurant, To Reflect Actua] Use Conditions at the Time f Application. ~\ Dear Mr. Hayes: On December 2, 1991, the New Hanover Ao~ard of County Corr~nissioners granted a special use permit to me, John Coble, owner of "historic" ails End Steak~l~ouse authorizing an expansion to the facility that included twenty (20) additional d~ ~ ing seats. ~s you may recall, t}vs expansion was made possible by a companion text amendment wh`~reby the county added a definition establishing a "historic restaurant" category for the R-15 Residential/District subject to special u,se permit conferment. ~ / "Phis special use permit order granted to me sp expansion would be 90 existing seats and 20 new the planning staff, that total would be correct. finding of that order, specifically Section 3, Subse,R ~ifi.~d hat the total number of seats with the oafs. B ed on the findings of fact presented by however, I would respectfully submit that the ion 6.3 waderroneous as noted below. /Although the site plan that accompanied the ~~ecial use permit ~plication t.o staff was admittedly vague, the fact remains that there were 85 sting seats not cou ted, thus they were not credited and ultimately omitted from the findings o fact. Attached is a site lan reflecting the actual seating count as it existed prior to the expansion/authorized by the special use permit. That arrangement was as follows: a central dining room~ith 90 seats, a rear dining ea with 60 seats, and the bar area with 25 seats inclusive of the b~ir seats, Again, I regret the 1 ck of clarity in the original submittal, but I can attest without re ervation that the plan included her with accurately defines the seating arrangement before the exp nsion was authorized. It is clear tc me that I would z4ever have agreed to accept the conditions f the 1991 special use permit had I known that I wolzld be forfeiting 85 existing seats merely to accommodate 20 netiv seats. That would be illogi~l from a business perspective. These seats are c cial to sustaining the economic viability of my restaurant. Loosing them would be tantamount to bus' ess suicide. would respectfully r,,equest that the county correct and revise the special use permit order dated December 2, 1991,-io state the maximum seating allowed is 195, not 110. Because the seats were in place and simply over]ooked during the 1991 special us~ermit review, I I. stand ready to provide any additional information you may need to review this request. Cordially yours, %~~ ~~ 5 5 ~hn Coble 910-791-2034 ~ FAX 910-799-9617 18 WEST OXFORD STREET o WRIGHTSVILLE BEACH, NORTH CAROLINA 28480 {This page intentionally left blank} ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 .Regular Item #: 11.4 Estimated Time:. Page Number: • Department: Planning :. Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item. 4: Special Use Permit -Day Care Center, Apple Valley Development .BRIEF SUMMARY: The Planning Board was unanimous in recommending denial. Concerns raised by the Board and residents along Bountiful Lane included total number of children (25) in a 1400 square foot home, increased traffic impacts affecting neighborhood safety, decreasing property values and parking at the residential lot. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board was unanimous in ecommedin denial. FUNDING SOURCE: None ATTACHMENTS: 6 pages REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Subject: September 7th Commissioner Item This request was denied based on the reasons presented by the Planning Board. It was rather unusual because-the petitioner did- not show up for the public hearing and there was discussion with Wanda about whether the petitioner had to withdrew the item. After discussion, the Board voted unanimously to deny the request based upon the use not being in harmony with the area because of increased traffic affecting and devaluing properties located along Bountiful Lane. ---------------------- Forwarded by Lucie Harrell/NHC on 09/24/99 10:42 AM --------------------------- t0 COMMI . ~~ APPROVED REJECTED REMOVED O POSTPONED O HEARD O DATE .- ~ I Z~I-r_._I_-~1-.._y.~~ 57 ITEM D SPECIAL USE PERMIT 5-443, 8/99 Request By: Frances Rivenbark Type Use: Day Care Center, Apple Valley Development Planning Board Recommend~ition (August 5, 1999 Meeting) The Planning Board was unanimous in recommending denial. Concerns raised by the Board and residents along Bountiful Lane included total number of children (25) in a 1400 square foot home, increased traffic impacts affecting neighborhood safety; decreasing property values and parking at the residential lot. - Preliminary Staff Findings ~. 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. A. Water service will be provided by New Hanover County; sewer by ;individual septic tank. B. The site has direct access to a public street in Apple Valley @ Walnut Hills development (Bountiful Lane). . C. The site is located in Wrightsboro Fire District. D. The existing residence (1,420 sq. ft.) will be used for the day care operation for up to 25 children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Child day care operations are permitted by right in the R-20 Residential District with site plan approval. The site is zoned R-20. B. Child day care centers require 1 space per employee and 4 spaces for off street drive-in and.-;picU ;ups-and drop iojffs~ The existing site plan displays 7 spaces including 1 handicap space. , ~y ~~~~~ ~~ C. The facilityas ~ba~l~r@ms and kitchen. Other requirements (if needed) will be in 5 8'. compliance withrthe~~County Health Department. v 1 ~9 ~~:u~a~,~w D. A chain link~fence~u Ue~n~ly is in place around the rear yard. ~~N~ l~ 1`i~~34~ ;. 5-443 (cont'd) 2. E. Employees of the day care center are either certified or will be certified by the State of North Carolina. F. Signage will be allowed on site; up to 2 square feet is permitted 3. The Board must find that the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity. A. Day care centers. are located in other neighborhoods of the County. B. No data has been submitted indicating that providing this type of service in an existing neighborhood will cause property values to drop. 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. A. The applicant plans no changes or additions to the exterior of the structure or character of property with the exception of the parking in front. B. Similar facilities are located other subdivisions in the County. Issues & Concerns: - Number of children along with resulting traffic and parking impacts should be reduced. - Similar residential daycare facilities continue to function as a full time residence, not as a business. ~ 59 Petition Summary Data 5-443 Owner/Petitioners: Frances Rivenbark Existing Land Use: Residential structure Zonin History: Originally zoned in July, 1974 Water Type: County Sewer Tv.ne: County and individual septic tanks Recreation Area: Castle Hayne Park, Rockhill Road Community Facility Access and Traffic Volume: 20,200 ADT (1997 count) near intersection of Rockhill Road and Castle Hayne Road ~ • ' Fire District: Wrigltsboro VFD ~ -~ Watershed and Water Oualih~: Ness Creek - C (SW) Aquifer Recharge Area:Nondescript area -poor aquifer, not a recharge area Conservation/His.toric/Archaeologic Resources: none Soils: Primarily Class I Building Suitability: Good ' '' Schools: Wrightsboro School District 60 ~ TEN1 ~s °?3 ~ s ~/ 4 :.,;,~ ,cR1~( ul„i 4 ~_ ~1i~ 1 ~ ~ `S'' .'~ Y ~-~,-~ , ~~A-I~JLihlt~ GC-~iC~ ~~[; s~~ n ~~r C L~R~ca~i ;~ ~~ '- c 'I ~"+%R~Gn I~Fp jcA~t , ~~ G~~ SH:iI~` L ... ~, . d 4 I Icy ` V; E "" -~_ .~._, #7 NARRATIVE OF PROPOSED USE: This day care facility proposal is to fulfill the growing need for child care in the Wrightsboro area. `Ve feel that the proposed location of the day care center would. be convenient to a number of developments where the facility is badly needed. ~At a maximum . capacity, the facility would provide day care for approximately 25 children. All proponents of day care are either certified or are in the process of certification through Cape Fear Community College. . ,. . The day. care center hours ~cvould be from 6:30 a.m. until the last pick up in the afternoon, about 6 p.m. The facility would not be occupied overnight. The facility will have no environmental impact and twill, of course, be in complete accard with requirements of the Health Departmenf. The facility, as proposed, has approximately 1,420 sq. ft., 2 bathrooms,"kitchen and adequate area of proposed facility. 6 2~: . , _ ~°- ~~' ~'- eV 63 - wwz~¢}~ oZ ~~ 4. WQ~W ZZY 2 Q Z ~- S Y C J O CY FF Q] V •V ~J ~~C7 F~-W ¢ ~. ~ Q W W~ a d. W J ~ w~ U N J Q iC d ~ Q ~-- N f'7 V lf] t0 l~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 • Regular Item #: 11.5 Estimated Time: Page Number: Department: Planning .. Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Item 5: Rezoning, R-15 Residential to R-10 Residential BRIEF SUMMARY: ' The Planning Board voted 6-0 to approve the applicant's request. One staff concern was the availability of altenative access to the property along with water and sewer services. The applicant indicated that additional access could be created via Carolina Beach Road to the site. The applicant also indicated that water and sewer service would be requested once the property is submitted for site plan review. No one spoke in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board voted 6-0 to approve the applicant's request FUNDING SOURCE: None ATTACHMENTS: 5 pages REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS: COU(1tTY COMMI~IONkR~ 1 APPROVED ^ REJECTED ^ REMOVED ^ ~; POSTPONED C9~ HEARD C~ ,~,~ DATE ,- 9/_7_~~,_9 ~~. 65 ITEM E CASE: Z-678,8/99; Applicant: Alton Lennon for G. Batten & A. McGirt REQUEST: R-15 Residential to R-1.0 Residential ACREAGE: 14.78 LOCATION: 400 Block Motts Creek Road, South Silver Lake Road LAND CLASS: Urban Transition- This land class allows for intensive urban development on lands that have been or will be provided with necessary urban services. Residental development can exceed 2.5 units lots per acre provided the development shall be serviced by City or County sewer systems and has direct access to a major road. Planning Board Recommendation (August 5, 1999 Meeting) The Planning Board voted 6-0 to approve the applicant's request. One staff concern was the availability of alternative access to the property; along with water and sewer services. The applicant indicated that additional access could be created via Carolina Beach Road to the site. The applicant also indicated that water and sewer service would be requested once the~property~is submitted for site plan review. No one spoke in opposition. Staff Summary & Recommendation A cursory review of the site map pertaining to this rezoning request displays a tremendous R-10 District abutting the applicant's property. This R-10 District established in 1973 is primarily located southwest of the property. Other property bounded to the north and south of the request is zoned R-15 Residential. Existing residential neighborhoods include Arrowhead established in the early 70's, Silver Lake, developed in 1958, Silver Sands in 1970, and Monterey Heights, early 1970's. All four residential areas contain moderate single family housing with a smattering of multi-family duplex type units and mobile homes. Mary C. Williams Elementary School is also nearby. Based on the County's adopted Land Class of Urban Transition, this area is prime for public sewer and water. At the present time, most of the existing residential homes utilize individual septic systems. This. is clearly visible with the number of vacant parcels along Motts Creek and Silver Lake Roads. A community water system does exist for most of the area as well as an overhead water storage facility located in Arrowhead. The appIicaf'=s1r`'e'que'stvto"i`ncre and sewer services nearby, an.e I tt~l k~sllf~~ ~°°J 6 ~ However staff is concerned abc residential street not mamtamec ~„ ~~C~i~~ u ~~ minor~work would need to be c~ ~~ ~~~~ cse density has considerable merit, especially with public water ementary school and existing R-10 District to the southwest. ut access to the site. At the present time, Motts Creek Road is a by NCDOT. Based on the current condition and age of the road, ~mpleted before DOT accepts maintenance responsibilities. If the Z-678 (cont'd) . 2• . property were rezoned and fully developed, a sizable amount of traffic would have to travel on Motts Creek Road to get to Silver Lake Road (collector road) and eventually Carolina Beach Road (major arterial). Another concern by staff is the potential for flooding. Based on the 100 year flood line depicted on the site map, the south central area of this request is well within the boundaries of the floodplain. As noted earlier, most of the vacant property in the area is not suitable for septic tank use; soils are extremely marginal for the purposes of drainage. Any proposed residential development of this property whether it is zoned R-15 or R-10 would -need to be closely monitored to mitigate potential flooding problems ,or impacts to adjoining • land.. Unless the petitioner can provide water and-sewer service to the property, the Planning staff would recoraimend denial. • 67 Petition Summar-x ]Data Z-678 Owner: Alton Lennon (petitioner) Existing-I~and Use: vacant Zoning History: Originally zoned in April, 1971 tiVater Type: Commuriity and individual wells Sewer Tv~e: County and individual septc~tanks ~ ~ ~" Recreation Area: Arrowhead Park Access and Traffic Volume: 15,800 ADT ('97 count), near Monkey Junction Fire District: =lvlyrtle Grove VFD ~ '~ • Watershed and Water Ouality: Motts Creek, C(SW) Aquifer Recharge Area: Shallow water table Conservation/Historic/Archaeologic Resources: none Soils: Class II Building Suitability: Good Schools: Williams Elementary School District 68 - - ~ `~~ - 2 e ~~~ .~ ~ ! . ?~ ~~ vim:°~' ~ e y t ~:8 ' ~ ~r ~ E.~ ti e ~e ,~ F~`g . ~ ~ `° `ca v h } o ~ ~ ~ ~ F'a , ' JFyc S'J~a . ,~'1 C ^~ t A 1 . 1~ i j ~ ~ 5~e NO ~~ ~Fi ~~ $^ r (~ _ .1 , . ~n v a 1.5~ ' A 5• N "v ~~~- C1 ~ ~ t _~ 5992 ~ O 8 \ :- .. C r 69.9.:'_ O ~ ~~r •'~ ~__._._ y 4 \.~/':• pf:9Z~ MaO ,DSS Q .:lob ~ ~ ~~ . fit' l O a c~'a ~ l n~u ~ ` ;_ o. ~•~ e ti os a ~ ~ - Pm ----- ih O ~ ~I `!. J (~ r-j r;y ~ / / O ti NI? q2 ~ ~ ~ n ~ ~ -,- .. ~ t • / ~.~, . ~ r/er v~ y oz /moo .,> >.., , ...~ ~ . _ 'x =ti ,~y~\ ~~ p ~ ~ o c ~ .r,` e[iz ,~r va ; D'Br ^~o ,~ .Q W .~~ ~ ~ ~ > v, `r 'l ~' ~ ~ r,.r,'T, e a ~, ~ a Q ~~ h. o h ~ J 1..', F ~ at ~ ~ C ~ , D[/z M BO, S S R' f4`ZZ r41. _ V C .~ ~ ~ ~.,q P -pr h ~J . 6r ~ ..4 ~ ~ ~ 9 i \~ iet ,~ S .ry 0~ ~v s~~ 8 c, ~~~ V 67 c'Q ~~•ko,e s .~. - r L JA ~ ~w ~ V.o~~ '\• °> I U ¢ ~ ~ ~< ~ ~ `~~ ~ r 3 e ~~;~ o~ o prt ~ p• w y° ~ o ~ F Wit,. O z c~ E` E a tL ' ~`,~ - ~O an E ~ 0 } c ~ ~ r ~ ~ ~..; ,~ ' ~ r,.A ~ aB_i ,~ y h U l) ~:; NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Regular Item #: 11.6 Estimated Time: Page Number: . Department: Planning ..Presenter: Dexter Hayes " Contact: Sam Burgess SUBJECT: Item 6: Rezoning, R-15 Residential,to O&I and Institution .BRIEF SUMMARY: The Planning Board voted 5-1 recommending that the proposed O&I District be limited south of the southern boundary line of parcel 5 (see site map) west to the southern boundary of.parcel 3. Several residents of the Springview development located adjacent to the request were opposed. Their concerns centered around existing traffic ills associated with executing right turns onto Smith Creek Parkway, U-turns to access the site for vehicles travelling north, and general degradation of residential land values if the property were rezoned. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Plannirg Board voted 5-1 recommending that the proposed O&I District beaimited south of the southern boundary line of parcel 5 (see site map) west to the southern boundary of parcel 3. FUNDING SOURCE: Nane ATTACHMENTS: 5 pages REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMi~IONk'~S APPROVED O REJECTED ^ ~ 1 REMOVED O " POSTPONED Q~ HEARD p ~~~, DATE . Qr~,_ ~~,., [ ~ -- ..~ ITEM F . ' , •. CASE: Z- 679, g/99; Applicant: John Wessell for Larry & Maggie Ripa REQUEST: R-15 Residential to O&I Office and Institution ACREAGE: 5.25 LOCATION: Northwest Quadrant Smith Creek Parkway & North College Rd. LANID CLASS: Urban Transition- This land class allows for intensive urban development on lands that have been or will.be. provided with ~ ~ ~. necessary urban services. Residential development c`an exceed 2.5 units per acre provided the development shall be serviced by .City.or County sewer systems and has~direct,access to a major road.. Planning Board Recommendation (August 5,;1999 Meeting) ` • , ~ . _: The Planning Board voted 5-1 recommending that the proposed O&I District be limited south of the southern boundary line of parcel 5 (see ste;,map):west to, the southern boundary of~p~arcel 3. Several residents of the Springview development located adjacent fo the request were opposed. Their concerns ceritered~ around existing traffic ills associated with executing right turns onto ~ ' Smith Creek Parkway, U- turns to access the site for vehicles travelling north, and general . . degradation of residential land values if the property were rezoned. Staff Summary & Recommendation - This request seeks to rezone existing residential property to office and institutional use most likely based on the extension of Smith-CreekParkway from North College Road.:As noted on the site map, all 5 parcels of land are bounded by the R-15 District to the north and west. Springview Estates which encompasses this R-15 District was developed in the early 1960's and in-part by , the applicant. Springview development°coritains moderate type housing and is served presently by individual wells and septic tanks. Other developed residential enclaves exist north of the site. One development adjacent and north of the property is Kings Grant.zoned R-10. ivlost, if not all of the roads serving the Springview development have been accepted for maintenance by NCDOT. Road access also is available on the west side of the property via Branch Road. Directly across from the applicant's property is a continuation of the residential zoning district. This area was developed as Crestwood in the early 70's. Other land use districts include a commercial area located at the main entrance to Crestwood. Land use guidelines encourage commercial and office and institutional uses at major intersec$ions, ~spe„~cia~lly;~~£infras~nicture services such as public water and sewer are provided. With the~exceptor'rofthe B~2~Di~strict located to the north other surrounding properties remain .residential.. ~ '~'~ 72 Unfortunately, the 450 ,feet,of,road frontage that this property has on North College Road has lJ Z-679 (cont'd) _ 2. ~~ . ; " several.problems and concerns. Most, if not all of the property's road frontage is "controlled." . Presently, ataper/de-acceleration lane for vehicles wanting to execute aright turn onto Smith ~ ; Creek Parkway exists along the road frontage. A NCDOT driveway permit would be required along this road frontage to comply with the O&I District requirements. If improvements are not made (as suggested by NCDOT) to widen this lane or create a service type road parallel to the exisfing lane, traffic conflicts may occur. North College Road has a posted speed limit of 45 m.p.h. - Knowing the uncertainty of obtaining a driveway permit or the ability to provide additional road improvements to widen the turning lanes on North. College Road, the Planning staff recommends that the best use for the property should remain residential. To utilize the property residentially, Branch Road could be extended a short distance with a cul-de-sac developed toward the southern end of of the site. Lots could then be developed within the interior of the property without fronting on any major road. Adequate buffering already exists in the form of mature and natural vegetation. . , . 73 . _i . Petition Summary Data Z - 679 Owner: John Wessell (petitioner) ~ ~ •. )Existing Land Use: vacant ~ ' ~ • ' Zoning HistonT: Originally'zoned in July; 1972 ~ ' Water Ty~e: Community and individual well Sewer Type: Individual septic tank. Recreation'Area: Kings Grant Park .. _ Access and Traffic Volume: 28,100 ADT ('97 count); North- College Road Fire District: Winter Park VFD ~" Watershed and Water Quality: Smith Creek C (SW) Aquifer Recharge Area: Shallow water table Conservation/I~[istoric/Archaeologic Resources: none Soils: Class II I~uildiny Suitability: Moderate limitation Schools: Blount Elementary School District '~ 74 ~~ W~SSELL & R a~Y, L.L.P. ATTORNEYS AT LAW 107-$ NORTH SECOND STREET PosT OF'F'ICE Box 1049 WILbiI1V(}TON, NORTH CAROLINA 28402 ' - ToHx C. WE59ELL. III ~ TELEPHONE 910-762-7475 wn.T.,^M A. ~,'''EY. TR, August 12 ~ 1999 Fnx 910-762.7557 E•binu.W.~NnR®R'II.bIIN6TON.NET BY HAND Ms. Lucille Harrell Clerk to Board of Commissioners New Hanover County ~ ' 320 Chestnut Street Wilmington, NC 28401. . Re.: Request for rezoning heard by the New Hanover County Planning Board on August 5, 1999 Case No. Z-679 (R-15 to 0&I) Dear Ms. Harrell: - We represent Larry Ripa and Ripwood :Company,- Inc., the owners of properties located at the intersect~.on of Smith Creek Parkway and, hTorth College- Road. Our clients have. previously ; .requested a rezoning of their property and their request was heard by -the County Planning Board on August 5,' 1999. The Planning Board ~ ` approved the request in part. and denied the request in part.. • • My purpose in writing is to~give written notice of the property .owners' appeal from the action of the Planning Board. The - property owners wish to accept some, but not, all of the recommended. rezoning suggested by the Planning Board.. We are in the process of preparing a map on which we will indicate .the zoning as approved by the Planning Board and the .changes to that 'zoning that we are requesting from., the Board of Commissioners. That map should be ready the early part of next week` - and I will deliver copies to you as soon as it is done. Please call if you have any questions. Thank you very much for your assistance with this matter. Yours. very truly, WESSELL• &, RANEY, L.L.P. - ~~ ~ ~ ., ~ John C. Wessell, III JCW: jn JCW\Realprop\W97-276-C06 - - - cc: Mr. Larry P._ Ripa O Mr. S. A. Burgess _ '•- •, ~ ,. ~- < ~ , ~ ~ ~~ ; 2 d" ~ ~~ ~ ~ , ~ nbm3ply - 5 3 C\d _ ~ i- ~ :::.::'.' ~ 3® ~ .. p311pJ w1Lpw _ Gbob 3p311°p ~W ' ~ ~ .~.'... ~ '- ~~•~ UWn {.'.: ^ - ~ ~. - .. ~ J ~' - ~~ I ~ ~ if _ V .e ~ ~ ` . ~ '~ ' .. '` G , o ~ d e ' , ~ - s ~ ~ ~ ~ ;, .:, ~ - ~ ~ ii~ `~' ,:;; . , ~~ :., I a b~ ::• .f:rr N y x W N a O i~: ® a '~~ : : ' '' ~ ' ~W . ~) , ... .~ r Ltd ~:. ~ .. ~ w o¢ o w z ~ J Z 2 4 7 ~ _ J ¢ 'w O~.eCV¢ <F-O ^ y J~ V C~ W w Z~ O W~ J _ ` / , Q J - ~ 'Z ~mm Ww~ 3 0~ ~ ~ ~ c Qw3v ~x.~ ?r¢=ommc~ ~_ ~ ~ V J Z O W ~ O¢} O W~~ 2 Z~ ,. . OO O C Zwmo3 Q~=¢Y aOZJtrjO O F ¢ iC Cn ~ ~ 0 ~I x w = V] U uJ ¢ ¢ Z ~ O ~ ¢~~a~¢¢< g U~d d a ~ ~ [C ~ •G ~ ~ - T ~ Q O W O m Z ~ ~ ~ x CL .. . ...... 8 ~ MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING :.~ {This page Intentionally left blank} ~a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ;Meeting Date:. 09/07/99 o Water & Sewer Item #: 2 Estimated Time: Page Number: ~ , Department: Water & Sewer District Presenter: Wyatt E. Blanchard . Contact: Wyatt E. Blanchard- ~ ~ ~ , SUBJECT: , Request~for Qualifications Castle Hayne BRIEF SUMMARY: , At our earlier meeting, the Commissioners .allocated funds received from a HUD grant and from Water and ; Sewer fund balance, for the construction of.a portion of the Castle Hayne sewer system (see attached map): To proceed with the sewer system and to select an engineer to design the project, staff requested and received qualifications from six (6) engineering firms. All submittals were from local firms very much qualified to perform the work. ;Stall is recommending that ' they are authorized fo negotiate with Andrew and Kuske for the design services.. `" RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that a contact is negotiated with Andrew and Kuske for design services. FUNDING SOURCE: ,~ ~ ~ H'UD Grant and Water and Sewer Operating ~ " ATTACHMENTS: ' Location Map '~ ~ ' REVIEWED BY: , LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A " COUNTY MANAGER'S C ENTS AND RECOMMENDATIONS: 'Recommend approval. ' COMMISSIONERS' AC I SICOMMENTS: - GOtI!N MNIt~IAN . APPRi1VEp ~~!/ REJECTED O. . ~ ' REM©VED p .' POSTPQNED ^ ~J - ;. HEARD ~ ~~ ~~ -_ ~f~~ ,~~ _~~ ,~, ~~~>> ~~ ~?4" d 3~ ~4i'e .. ~.'~~~ , ~lY ,; a~~ ~~ CONSENT AGENDA ~- -"` - NEW HANOVER COUNTY BOARD OF COMMISSIONERS September 7,1999 ITEMS OF BUSINESS PAGE " NO. 1.. Appointment of Social Service Appeal Hearing Officer ~ 83 ` 2. Approval of contract #00-0111 with NABCO, Inc. for a total containment 85 bomb' disposal system and approval of budget amendment #2000-06 - 3. Approval of contract #00-0088 with Detroit Stoker Company for grate 89 replacement parts . 4. Approval of contract #00-0104 with E.F. Craven Company for one crawler 91 excavator for Vector Control of the Health Department 5. Approval of contract #00-0105 with Wally's Fire & Safety, Inc: for three 93 thermal imaging systems for Fire Services 6: Approval to reject bids received for bid #00-0022 for a data acquisition 95 . system 7 Acceptance of Department of Agriculture grant funds for Farmers 97 . Market Development • $. Approval to move a headstone and grave remains from a burial site on . 101 his private property and enactment of required resolution 9. .Approval to move three grave markers and remains from a burial site 105 located on the western side of Carolina Beach Road, north of Myrtle Grove Road and enactment of required resolution. 10. Approval to apply for Transportation Enhancement Grant for bicycle , 113 ., improvements along McMillan Avenue between UNCW and Pine . Grove Drive. 11. Approval to apply for Transportation Enhancement Grant for bicycle 115 improvements along Greenville Loop Road and Pine Grove Road 12. Approval of free days at the Coast Line Convention Center for the.. 117 annual "How Does Your Garden Grow?" show sponsored by the New Hanover .County Arboretum - . 81 -, 13. Approval of resolution requesting NCDOT to add the following roads to the State Highway System: ' ` '. Roads in Old Cape Cod in Tidewater Plantation Sun Coast Drive in Sun Coast Villas Subdivision ' Bird Dog Court in Quail Woods Subdivision Shore Point Drive in Bayshore Estates Streets in Saratoga Place Subdivision ~ ~ ." ~ ' Streets in Alamosa Place Subdivision Streets in Courtney ,Pine Subdivision Pages 'Creek Drive'n'North Hills Subdivision ~ " Approval of.~Budget Amendments: 14.1 #00-0020 to rollover unexpended grant funds from FY 98-99 to FY'99-00 ~ ~ .' ` . ,. 14.2 #00-0021 to budget additional Federal/State funds for Child Day Care ~ _ . ' 14.3 #00-0022 to budget additional State funding for the Child Health Program 14.4 #00-0023 to budget additional grant funding from Smart Start Partnership for Children . ~ ~ ' 15. Approval of waive the tipping fee for four 30 cubic yard waste containers for the' Carolina Air Expo ~ . 16. Approval to waive tipping fee for trash collected during "Big Sweep" a statewide clean-up of.beaches and waterways 119 n 129 131 132 133. 141 143 82 C~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION .'e Meeting Date: 09/07/99 _ Consent Item #: 1 „Estimated Time: Page Number: Department: Legal Presenter; Warida M: Copley, County Attorney or her designee , Contact: Wanda M. Copley, County Attorney SUBJECT: Social Service Appeal Hearing Officer Appointment 'BRIEF SUMMARY: . Given recent changes in State law, a local hearing officer must be temporarily appointed to rule on matters relating to tax intercept involving back child support through set-off against the absent parent's North Carolina Income Tax refund. For a period through December 31, 1999, the County Attorney, Wanda M. ' Copley, or her designee, should be appointed Appeal Hearing Officer. After January 1, 2000 the State will resume the function through the Office of Administrative Hearings. ; ..RECOMMENDED MOTION AND REQUESTED ACTIONS: - Appoint Wanda M. Copley, County Attorney , or her designee, ,Tax Intercept Appeal Hearing Officer. FUNDING SOURCE: ~ - 0.0.0 ATTACHMENTS: Yes , ' , . REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: NIA HUMAN RESOURCES' N/A COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS: Recommend approv . °- COMMISSIONERS' ACTIONSlCOMMENTS: - . COMMI~IONER~' APPR©VED Cam' REJECTED . REMOVED ^ POSTPONED ^ HEARS ^ 83 To: ' ~ Allen O'Neal County Manager z. - From: Wayne Morris , Director ~ ~ ' Date: August 20, 1999 n ~ • 4: Re: Tax Intercept Appeal Hearing Officer With the passage of Senate Bill 39, the DSS Hearings and .Appeals section in Raleigh no .longer has jurisdiction to hear income tax intercept appeals filed after January 1, 1999, for local Child Support. Enforcement offices. These intercepts are for back child support and come. from ,the absent parent's North Carolina income tax refund. It is now the responsibility of the' County to conduct these hearings: Any further appeal beyond the local hearing must be handled by, petition to the Office of Administrative Hearings pursuant to NC.G.S. 10SA-5. - , . .. ~ , ° , According to Kevin Fitzgerald, Director of the North Carolina Division of Social Services, we need to request that the County Commissioners appoint a -hearing, officer to hear these appeals. ._, . .. _ . Currently we have only received one request. ~ "~ This is a temporary procedure and will only apply to this calendar year. Beginning January l~, . 2000, all tax intercept hearings will be heard by the Office of Administrative Hearings. Because of the nature of this hearing and the legalities it involves, I believe it would fall under the realm of County Legal and therefore recommend that the Commissioners appoint Wanda Copely or someone on her staff to serve as hearing officer. . .. ~ _ , ,-,' " ~1~~~1'r'~~ `i~Ci~~,. ~~,: ~~~^~~ xiJ 84 i. ~~ pa~~p\~~p~~{~~ . F ~ .f,' f 511 ~+'f/~~.[yfK~J •~~Mgy, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Consent Item #: 2 Estimated Time: Page Number: • ., Department: Sheriff .Presenter: Contact: Amy Akin SUBJECT: Approval of contract # 00-0111 with NABCO, Inc. for a total containment bomb disposal system and approval of budget amendment # 2000-06. BRIEF SUMMARY: Staff is requesting approval of contract # 00-0111 with NABCO, Inc. as a sole source purchase allowed in General Statute 143-129(f). The Sheriffs Department has researched the purchase of this piece of equipment and can find only one manufacturer that makes a total containment bomb disposal system. A portion of the required funds ($70,000.00) has been previously appropriated and the remaining amount needed ($62,000.00) is being transferred by the attached budget amendment # 2000-06 to Account No. „ 110-431-4311-3000-6400. Contract is available for review in the County Manager's Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of the attached resolution: 1. awarding contract # 00-0111 to NABCO, lnc. for a total containment bomb disposal system in the amount of $132,000.00 under the sole source prevision of General Statute 143-129(f) 2. approving budget amendment # 2000-06 3. authorizing and directing County to execute contract # 00-0111 FUNDING SOURCE: 110-431-4311-3000-6400 ATTACHMENTS: As part of this transmittal, the resolution and budget amendment are being sent as an attachment. ,. -~,:.~i 00-0111 r.wp ba200006.wp REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA,. COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS:COUNTY COMMISSIONF~I Recommend approval. APPROVED C/ REJECTED ^ COMMISSIONERS' ACT O /COMMENTS: REMOVED ^ ~'; POSTPONED ^ HEARD ^ ,,~ ,RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of a total containment bomb disposal system had been determined by the . Sheriff to be required in the routine operation of the Sheriff's Department; AND WHEREAS, the Sheriff's Department has researched the purchase of this piece of . equipment and can find only one manufacturer that makes a total containment bomb disposal system; AND WHEREAS, General Statute 143-129(f) allows an exemption from formal bidding for purchase contracts when a needed product is available from only one source of supply; AND WHEREAS; a portion of the required funds has :been previously appropriated and the remaining amount needed is'being transferred by the attached budgeted amendment # 2000-06 to Account No. 110-431-4311-3000_-6400 to cover this contract, contract amount of one hundred thirty=two thousand dollars ($132,000.00); AND WHEREAS, the Sheriff, the Finance Director, and the County lylanager recommend that.. the contract be awarded to NABCO, INC., the sole source for this purchase; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract # 00-0111 for a total containment bomb disposal system for the Sheriff's Department, be awarded to NABCO, INC. in the amount of one hundred thirty-two thousand dollars ($132,000.00); budget amendment # 2000-06 is approved; and that the County ~is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney: This 7th day of September, 1999. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board 8 6 ` ~ `~, rj~~~j~y~~ ~':~~~ ~-; NEW HANOVER COUNTY BOARD OF COMMfSSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Budget Amendment DEPARTMENT: Federal Forfeited Property/Sheriff's Dept. BUDGET AMENDMENT #: 2000-06 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property Capital Project Expense $62,000 Transfer to General Fund $62,000 • Sheriff's Dept. Transfer in (from Fund 348) $62,000 Capital Outlay $62,000 EXPLANATION: To adjust budgets for transfer from Federal Forfeited Property fund to Sheriff's Dept. for the purchase of a bomb trailer. APPROVAL STATUS: To be approved by Board Of Commissioners ~UNTY COMMISSIONER~i APPROVED C/ REJECTED ^ V REMOVED ^ POSTPONED ^ HEARD J t 1 1 { Thls page intentionallyleft blank} . ~, ~(l7~^~' ,~~ t'. ty~~' 8 8 ~~.~ ~~ ~'s~'~' „~~~.~~~ ~. - NEW HANOVER COUNTY BOARD Of COMMISSfONERS . ' ; REQUEST FOR BOARD ACTION - Meeting Date: 09/07/99 Consent Item #: 3 Estimated Time: Page Number: ,~ Department: Environmental Management Presenter: - Contact: Amy. Akin SUBJECT: - • Approval of contract # 00-0088 with Detroit Stoker Company for grate ~ , replacement parts.. . BRIEF SUMMARY: Staff i5 requesting approval of contract # 00-0088 with Detroit Stoker Company as a sole source purchase allowed in General Statute 143-129(f). The replacement parts needed to complete schedule maintenance ' to the existing Detroit Stoker burning units can only be obtained from Detroit Stoker Company. Detroit - Stoker holds all the drawings and specifications to these parts. .RECOMMENDED MOTION AND REQUESTED ACTIONS: • Staff recommends adoption of. attached resolution awarding contract # 00-0088 to Detroit Stoker - Company for grate replacement parts. in the amount of $107,.843.15. Contract approval made under the . . sole source provision of Generale Statute 143-129(f). Contract is available in the County Manager's office for. review. ' FUNDING SOURCE: _ , County funds are budgeted for this purchase in account # 700-485-41.95-3920-25. - ATTACHMENTS: As part of this transmittal, the resolution. is being sent as an attachment. _~ - - . ~~ __ 00-0088r.wp The contract is available for review in the County Manager's. Office. - REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' AC IONS/COMMENTS: ' ~ .~~UN 1 Y ~OMMISSIONI . ~ - ~ i APPROVED L,'~ - ~ iREJECTED ^ Q Q REMOVED ^ ~ V,~J . ~ POSTPONED ^ FIEARD ^ i - • RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of the two Detroit Stoker burning units are required in the routine operation of the WASTEC Facility; AND WHEREAS, replacement parts are needed to complete scheduled maintenance repairs _to the existing Detroit Stoker burningunits; ~.• .. ? ~. ~ ~ .. - ., AND WHEREAS, Detroit Stoker holds all the drawings and specifications to the required replacement parts; ., , . ~ ~ , , AND. WHEREAS, General Statute 143-129(f) allows an exemption from.formal:bidding for purchase contracts when a needed product is available from only one source'of supply; •~. AND WHEREAS, the WASTEC staff. has explored options and has been able to find the ,~;. • replacement parts only from the manufacturer;' ~ ~ ~ - ` r. AND WHEREAS, funds have been previously appropriated and are now in Account No. - 700-485-4195-3920-25 #o cover this contract; contract amount of orie hundred seven thousand eight hundred forty-three dollars and seventy-five cents ($107,843.75); v. AND WHEREAS; the Environmental Management Director, the Finance Director; ~ and the County Manager recommend that the contract be awarded to Detroit Stoker Company, the sole source for these parts; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract # 00-0088 for Detroit Stoker grate parts for the WASTEC Facility of the Environmental Management Department, be awarded to Detroit Stoker Company in the amount of one hundred seven thousand eight hundred forty-three dollars and seventy-.five cents (5107,843.75); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ~ . This 7th day of September, 1999. {SEAL) R ... . Chairman, Board of County Coirimissiorers AT 1 LJT~ µ '!: f r ~K~F:~a'f~j:i~~." ~~ i{'~gg1 r~ -7 9 o Clerk to the Board . ~ ~ ~ ~ w~~ ~~~ ~ , t;fi~,`~~ 'f ~~l NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 09/07/99 Consent Item #: 4 Estimated Time: Page. Number:. Department: Health Presenter: Contact:.Amy Akin ' SUBJECT: Approval of contract # 00-0104 with E. F. Craven Company for one crawler ' excavator. for Vector Control of the Health Department. •, BRIEF SUMMARY: Vector Control received. approval in the adopted budget to purchase a crawler excavator. The state of North Carolina formally bid a crawler excavator and awarded the contract to E. F. Craven Company on October 8, 1998. E. F. Craven has extend the same price to the County. Staff is requesting approval of contract with E. F. Craven through the."piggyback" option as allowed in General Statute 143-129. RECOMMENDED MOTION AND. REQUESTED ACTIONS: Staff recommends adoption of attached resolution approving contract # 00-0104 with E. F. Craven Company in the amount of $112,621.00 for one (1) crawler excavator for Vector Control. Contract approval made under the "piggyback" option allowed in General Statutes 143-129. Contract is available for review in the County Manager's Office. . FUNDING SOURCE: Funds-have been budgeted for this purchase in account 110-510-511.2-2000-6400. ATTACHMEiVTS: The resolution is being transmitted as an attachment to the agenda item. 00-01~04r.wp ' a ' The contract is available for review in the County anager's office. REVIEWED BY; LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A • Recommend approva . COMMISSIONERS' ACTIONSICOMMENTS: ~~OUNTY C6MMISSIOIV~R~ ' APPROVED ~- REJECTED .REMOVED ^ POSTPONED ^ HEARD ^ )DATE ,~~-~ 7~G~ 91 . ~ .. RESOLUTION • , . _OF THE BOARD OF COMMISSIONERS OF' NEW HANOVER COUNTY WI-AREAS, G.S.:143-129 allows local governments to buy off of anotlier government's contract if the vendor is willing to provide the item at the same or better price; AND WHEREAS, the state of North Carolina formally bid the purchase of a crawler excavator unit and awarded the bid to E. F. Craven Company, and written contract certification of award was issued by the state of North Carolina Division of Purchase and Contract on October .8, 1998; ;~ AND WHEREAS, funds have been budgeted to purchase a crawler excavator for Vector Control.• of the Health Department; AND WHEREAS; E. F. Craven has offered to extend•to New Hanover County the same pricing provided to the state of North Carolina to purchase the crawler excavator; pricing as follows:. ; ' One (1) Crawler Excavator E. F. Craven Company ~. $112,62L00 ',~ ~ `". '~. • AND WHEREAS, the Finance Director' and the County Manager recommend that the contract for one (1) crawler excavator be awarded to E. F. Craven Company; based on the price~as contained in the award by the state of North Carolina, resulting in a total contract amount of One Hundred Twelve Thousand Six Hundred Twenty-one Dollars ($112,621.00); _ ` AND WHEREAS, funds and are now in Account No. 110-510-5112-2000-6400 to cover this contract; ' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for one (1) crawler excavator for Vector Control of the, ~ Health Department, be awarded to E. F. Craven Company in the amount of One Hundred Twelve Thousand Six Hundred Twenty-one Dollars ($112,621.00); and that the County is hereby authorized and directed to execute contract ~ 00-0104, contract form to be approved by the County Attorney. This 7th day of September, 1999. (SEAL) , Chairman, Board of County Commissioners ATTEST: Clerk to the Board '''' "~~`~"' • ':~ '~•' Ft~i 9 2 ~; {~~ ~~~~~ . , -.~.. , .., ty~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION i Meeting Date: 09107!99 Consent Item #: 5 Estimated Time: .Page Number: Department: .Fire Services Presenter:. Contact: Amy Akin .. y ~ • SUBJECT: ` Approval of contract # 00-0'105 with Wally's Fire & Safety, Inc. -for three thermal - .imaging. systems for Fire Services. ~ " . BR1EF SUMMARY: The Fire Services Department received approval in the adopted budget to purchase three (3) thermal imaging systems. The City of Florence, South Carolina formally bid a thermal imaging system in January. Four.bids were received and the City of Florence awarded the contract to Wally's Fire & Safety, Inc. the lowest bidder. Wally's Fire & Safety, Inc. has extended the same price to the County Staff is requesting • approval of contract with Wally's Fire & Safety, inc. through the "piggyback" option as allowed in General. Statute 143-129. 'RECOMMENDED MOTION AND REQUESTED ACTIONS: , ' Staff recommends adoption of attached resolution approving contract # 00-0105 with Wally's Fire & • Safety, lnc: in the amount of $49,698.00 for three thermal imaging systems for Fire Services. Contract approval made under the "piggyback" option allowed in General Statutes 143-129. Contract is available for review in the County Manager's office. FUNDING SOURCE: Funds have been. budgeted for this purchase in account 130-436-4340-6400. ~ - ' ATTACHMENTS: The resolution is being transmitted as an attachment to the agenda item. ' " ;, .. .. ~. 00-0105r.wp The contract is available for review in the County Manager's Office. " ' REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS: Recommend approv " COMMISSIONERS' AC IONS/COMMENTS; . ~~UIV~Y C~MMISSIONEI~ . I APPROVED . C~ . 1 DEJECTED ~.r 93 . ". ~tEMOVED ^ ~ . ' ~ POSTPQNED Cl' ~ iiEARI~ ^ ~~..~ . RESOLUTION- 'f ` -` . OF THE , BOARD OF COIVIMISSIONERS j~ . OF ~ ~,j NEW HANOVER COUNTY WHEREAS, G.S. 143-129 allows local governments to buy off of`another government's contract if the vendor is willing to provide the item at the same or better price; AND WHEREAS, the state ofNorth Carolina formally bid the purchase of a crawler excavator unit and awarded the bid to E. F. Craven Company, and written contract certification of award was issued by the state of North Carolina Division:of,Purchase and Contract on October 8, 1998; .~ s AI~TD WHEREAS, funds have been budgeted to purchase'~a' crawler excavator foz Vecfo~' Control of the Health Department; AND WHEREAS, E. F. Craven has offered to extend to New.Hanover Colmty`the same' pricing provided to"the state of North Carolina to purchase the crawler excavator; pricing as follows: ' One (1) Crawler Excavator ., E. F. Craven Company X112,621.00 - ' ,. AND WHEREAS,.t1ie Finance Director and the County Manager recommend that the contract for one (1) crawler excavator be awarded to E. F. Craven Company, based on the price, as contained' in the award by the state of North Carolina, resulting in a total contract amount of One Hundred=' Twelve Thousand Six Hundred Twenty-one Dollars ($112,621:00); ~' " AND WHEREAS, funds and are,now in Account No. 110-510-51.12-2000'-640~0'to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for one (1) crawler excavator for Vector Control"of-the Health Department, be awarded to E. F. Craven Company in the amount of One Hundred Twelve Thousand Six Hundred Twenty-one Dollars ($112,621.00); and that the County is hereby authorized and directed to execute contract # 00-0104, contract form to be approved by the County Attorney. , This 7th day of September, 1999., (SEAL) ` ~~ ~ Chairman, Board of County Commissioners ATTEST: ard k t th B 94 Cl 1 I U':.1d$ ~/ e o er o y~ ':;s's ,~ r . y NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTfON Meeting Date: 09/07/99 Consent Item #: 6 Estimated Time: Page Number: ~,. Department: Environmental Management Presenter: Contact: Amy Akin SUBJECT: ` Reject bids received for Bid # 00-0022`for a data acquisition system, _ ~ BRIEF SUMMARY: , The purchase of a data acquisition system for the WASTEC Facility was formally bid. Two bids were received. Both bids exceeded the amount budgeted for the purchase and had deficiencies in their proposal. A resolution has been drafted to reject the bids received. , - RECOMMENDED MOTION AND REQUESTED ACTIONS: ` Staff recommends adoption of the attached resolution rejecting bids received .for Bid # 00-0022 for the purchase of a data acquisition system. FUNDING SOURCE; ` Rejection of bids -- funds are not being expended. ATTACHMENTS: As part of this transmittal, the resolution is being sent as an attachment.. • 00-0tj22r.wp ~ -• , REVIEWED BY: ,. LEGAL: ~ FINANCE: Approve. BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S CO ENTS AND RECOMMENDATIONS: .. Recommend approval. . COMMISSIONERS' ACT NS/COMMENTS: ` _ ~~ ~~~1° CO,~IIUISSI6NE~~ At'AROVED C~ REJECTED ^ I REMOVED Ca POSTPONED ~ , • _ FIEARD ©ATE ~x;-Cl„ f ~7 r4-~1,,,J_O,~G•f 1 :95 RESOLUTION ~OF THE BOARD OF COMMISSIONERS OF ~ ., - °. - ,~ - . NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m., on the 17th day of August, 1999, at the County Administration . Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a .data acquisition system `for the 'WASTEC Facility of the Environmental Management Department, Bid # 00-0022: , .. Price , .,f~ ~ ~ ~ . Trace Environmental $ 81;194.00 ' . ~ • . Forney Corporation $83,009.00. • AND. WHEREAS, both bids received exceeded the amount budgeted for the purchase and had deficiencies in their proposal; • AND WHEREAS, the Environmental Management Director, the Finance Director,'and the County Manager recommend that the bids received be rejected; , , NOW, THEREFORE, BE IT. RESOLVED by the Board of County Commissioners of New Hanover County that the bids received for a data acquisition system for the Environrriental ,Management Department, Bid # 00-0022 be rejected. ~ •- This 7th day of September, 1999. (SEAL) Chairman; -Board of County' Commissioners ATTEST: _:.,-~ Clerk tothe~Board~;`•=%x': ~ ~t'r~l'J~ k ~ "~.~~ ~f~ •~y`(J~w,y'M ," ~ ,~~ l g 6 ~ ~ ~~ :~~ L ~ N a l 'l .~ NEW HAIVOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date; 09/07/99 Consent Item #: 7 Estimated Time: Page Number: Department: Cooperative Extension Service Presenter: Bruce Williams, Director Contact: Jane Zygmunt - SUBJECT: . Grant Funds -'Farmers Market Development $RIEF SUMMARY: The-1999 North Carolina General Assembly appropriated grant-in-aid funds through the Department of Agriculture for development of a farmers market in New Hanover County. No matching funds are required. ' RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Commissioners approve acceptance of the grant and authorize the Chairman to execute the "Request for Payment of Appropriations from North Carolina General Fund". Request approval of associated Budget Amendment #00-0024. , FUNDING SOURCE: Department of Agriculture ' ~ ATTACHMENTS: .. Letter of Award from Dept. of Agriculture ' ~ Request for Payment _. ~> ba000024.vvp REVIEWED BY: LEGAL: FINANCE: Approve. BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: - Recommend approval COMMISSIONERS' ACT ONS/COMMENTS: a. • . t ..mod. ~~OUfUTY COMMISSIONER, . - ~' `APPROVED C/~ , . 'REJECTED ^ ~~~~1 REMOVED ^~ n~,n~c_c . POSTPONED q ~ r`. ,.., HEARD~~,r~~:O e ~ ~~ . SATE ~ - ~~~ 1~4rN-/,r..., ,~._ NEVV HANOVER CQUNTY,-;BOARD. OF„C011111MISSI~IVERS REC~UEST'FOR BOARD ACTION Meeting Date: 09/07/99 ;~ Budget Amendment DEPARTMENT: Cooperative Extension-Extended Projects BUDGET AMENDMENT #: 00-0024 ADJUSTMENT ~ ~ DEBIT USDA Grant (Farmer's Market) $40,000 Cooperative Ext. Expense . .5 ' - ~ CREDIT -. ` $40,00'0 ~ _ ~ ~ i ' ~ ' .~ .. .~ EXPLANATION: To increase budget for grant awarded to Cooperative Exten` ion.from the N.C. Dept. of Agriculture to establish a Farmer's Market. . APPROVAL STATUS: To be approved by Board Of Commissioners .~ 98 C~i~n~TY GOMMi`~~.1 . r 3 POSTPOit. - IHEARD .~ '} 1~~i~3~ I AE1G-2~-99' TUE i 2 ~ 03 FM ~ CO-QP EXTEP~Ia Ot,I SEP,V I CE FAX I,IO, 910452639 F, 3 - ~' . ~ - ~,>„ J;vrzres ~A. Gxaham ~urfk~ uS.~TTxz.Ctt2r'S A4aurice A. Weaver Commissioner Deputy Commissioner ~.e~xttrfm~ttf zzf ~~zi~;tz1#uz.e ~ ~xxti'r ~.oxt~umar ~zxb~ix>?~ ~ ., . , \~a. • _; - August 5, 1999 1~Ir,' BiII Caster, Gha}rrxlan ~~ 8''f • Netiv Hanovez County Board of Comrttissioners (~ ~,~1 320 Chestzlut Street " c~"~ ~ Wilt~zxington, North Carolina 28401 .~ ~"a/ r `'lV . I~eaz. Mr: Casten . ' "flee 1999 North Ca.rolizta General Assembly appropriated grant-in-aid ft}nds through the ' ` Departzxrent of Agriculture foz developrnent of a fanners market in New Hanover County. The first re~uirem.eztt for disbursement of grants-irt-aid is completion of a .":bequest for Payment ~ • ' of Appropriation". A copy has been attached for your use. Please provide all inforittation specified for your type of azganizatiott. 'I'1>.e appropziatioxts act doesn't provide specifics on ho~v the fittids are fo be used, for construction 'or operation. State roles do specify that appropriations 1x~ade fora ,given, purpose must be used . far thlt purpose. In this case, grant £tiztds rrlust be used to provide a Farmers market. ` . T3isbursement of appropriated resources will be made itx}mediately upon receiving all requited ..farms and/ax docurrtents. ~ ~ - Tltaztk you for your cooperation, Sincezely; .. _ lam". ~),~~''~ ./~' 1 ivlau.r~ice A. Weaver 5' ~ - ~~~~ • Deputy Commissioner / ~'tJ- n • 99 • E-mnil`. maurice.weaver~ncmail,rret , Post Office 13ex 27647, Ralzigh. North Csroline 27611 (9t9) 733.7314 Fax (919) 715-0026 ` An Equal Opportunity Atflrmailve Action Employer AUG-24-99 TUE 1 ~ ~ 03 PM GO-OP :EX'TEP,IS i OPI SEP,v I CE FAX PZO, 91.04526398 P 4 SRO - d/99 Ref. Number 1999-737 REQUEST FOR. PAYL~IENT OF APPROPRIATIOI~i(S) FROM NORTH CAROLINA GEI`tERAL FUND (SE7` LETTER.ENCLOSED) New Hanover County Board of Commissioners 320 Chestnut Street ' W~.lmington, North Caz~vlina 28401 1999 Alloeation,: ~ x}0,000.00 Purpose: Ta Provide a Faz~mers Market. Pant A. TO BE COMPLETED BY ~ RECIPIENTS 1. Contact's Name C, Bruce W~~;iian~s Ph.D. ~ Telephoned) 452-6343 2, Coxttaet's Position in Organization Director-New Hanover County Cooperative Extez~siotz A 3. Federal Identl~cation NumbeC,. 56--6000324 4. K.in.d of Orgaz~zzation: Corporation' Trust I'arfieXShip ~ Government ~ XX Unincorporated Association Other 5, batch Required: - ~ On a to ' basis. ' ,. ' . _ If rn;atching is required, is cash match ix3 hand? Yes No If the required match is not are hand, by what date and from what source does the oxganization expect to have the cash match? Pare B. TO Bl; COMPLETED BY AI.L NOIV-G Ml; RECLPIENTS , 1. Please enclose the following:. a. Articles of Incorporation and by-laws, Crust indenture, partnership agreement, etc. b. List ofBoard ofDirectors/Truste.es. c. Letters of Cax exempt status frorra the Internal Revenue Service. d. otarized Policy addressing conflicts of interest. __ -- Part C. TO Bl/ COMPL1rTIrD BY Ai.L R,ECIPIENTST FORM MUST BE NOTARIZED Signature of individual making request Notary Public (official seal) Date Notarized goo ~ ,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Consent Item #: 8 Estimated Time:, Page Number: Department: Legal Presenter: John Wesseil, Attorney , Contact: Kemp P. Burpeau, Deputy County Attorney and Chris Neal, Engineering Program Asst. . SUBJECT: _ . Grave Removal and Reinterment BRIEF SUMMARY: A private property owner, Eric Calhoun, desires to move a headstone and .any other grave remains from. a burial site over one hundred. (100) years old. The proposed action will be performed by a licensed undertaker. The process first requires Board approval of an authorizing resolution. The New Nanover County Engineering Department is the designated entity to oversee the removal activities. RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ 1 Consider enacting required resolution. .FUNDING SOURCE: ~ y ATTACHMENTS: `` - CalhounCemeteryResoluti - REVIEWED BY: - LEGAL:FINANCE: N/A BUDGET: N/A . HUMAN RESOURCES: N!A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approv COMMISSIONERS' AC 10 SlGOMMENTS: ~6UI~7Y COMMISSION ' APPROVED cL--- , , ~ REJECTED p . ~ ~ ~ REMOVED , p a rosrPaN~o 0 101 HEARD A RESOLUTION. OF THE BOARD, OF COMMISSIONERS OF NEW HANOVER COUNTY,,. ,NORTH CAROLINA AUTHORIZING THE / DISINTERMENT, REMOVAL AND REINTERMENT OF GRAVES LOCATED ``~ ON PROPERTY OWNED BY ERIC R. CALHOUN WHEREAS, N.C:G.S. ~ 65-13 outlines the procedures to be followed by any party effecting the disinterment, removal and reinterment of a grave containing a decedent's 'remains;~and WHEREAS, N.C.G.S. § 65-12 provides that all disinterment, removal and reinterment under the provisions of Chapter 65~'of 'the. North Carolina General Statutes shall be inade~under the supervision and direction of the County Board of Commissioners; and WHEREAS, Erie R. Calhoun is the owner of certain real property. located~in the unincorporated `area of New- Hanover County,. North Carolina, said property being more,particizlarl`y described as Lot 2'as shown on that mapentitled''"Re-division of part of Lot 3 ~~~and all of Lots 4 and 5-Santa Maria" recorded. in Map Book 34 at Page 103, New. Hanover County Registry; and ~ -- ~' - WHEREAS, Eric R. Calhoun has located a headstone and what appears to be at least one grave on the above-described property, such headstone bearing the name of Robert B. Nixon and wife, Ellen Beth, and indicating a date of death of March 22, 1889; and WHEREAS, Eric R. Calhoun intends to disinter, remove and reinter the remains of all decedents located in or about the headstone and apparent grave described herein above; and WHEREAS, Eric R. Calhoun has requested the New Hanover .County Board of Commissioners to grant'.~him authority to undertake such disinterment, removal and reinterment consist with the provisions of N.C.G.S. x''65-13. NOW, THEREFORE, BE IT RESOLVED by the Board o.f.Commi~ssioners of New Hanover County, North Carolina, as follows: - 1. Eric R. Calhoun is hereby authorized to disinter,. remove and reinter all graves located on that property .owned by him in the unincorporated area of New Hanover County described as Lot 2 as shown on that map entitled "Re-division of part of Lot 3 and all of Lots 4 and 5 Santa Maria" recorded in Map Book 34 at Page 103, New Hanover County Registry. 2. Such disinterment, removal and reinterment shall be carried out by Eric R. Calhoun in accordance with the provisions of N.C.G.S.. § 65-13 and.,,any~~(~ru~h`e"s~~U~'!an~d regulations promulgated by New Hanover County . ~- . ~ ~';; 3. The authority~_r~,~granted herein shall encompass the interment, removal_and-reinterment of the remains of any decedent 1 ~ated on~ the real ~p~r~ope~r'=ty owned by Eric R. Calhoun and described ~ _ ~ 4. The-w-ae.ti,~oris.~.of~~"t~he Board of Commissioners to approve the disintermeritY oval and reinterment as described herein are taken in accordance with and pursuant to the provisions of N.C.G.S. § {This page intentionally left blank} 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 ' - Consent Item.#: 9 .Estimated Time: Page Number: Department: Legal Presenter: James Snow, ILI, Attorney Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: .. - Grave Removal and Reinterment ' BRIEF SUMMARY; A private property owner, NeverEnough, Inc., desires to move three (3) grave markers and remains associated with six (6) grave sites from a burial site located on the western side of Carolina. Beach Road, north of Myrtie Grove Road. The process will be performed by a licensed undertaker. The process first requires Board approval of an authorizing resolution. The New Hanover County Engineering Department is the designated entity to oversee the removal activities. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider enacting required resolution. FUNDING SOURCE: ATTACHMENTS:- - - •, t Yes: ... - . REVIEWED BY:. LEGAL: FINANCE: Approve BUDGET: NIA HUMAN .RESOURCES: N/A COUNTY MANAGER'S C MENTS AND RECOMMENDATIONS: ' Recommend approva . , COMMISSIONERS' A 10 S/COMMENTS: ~OUiriTTY COMMISSION~„~~ . _ APPROVED Gu-~- ' REJECTED ^ REMOVED ^ . POSTPONED ^ :~ O~, . - PiEARfJ ^ !DATE ~ _ Ql ~~Cf HOGIJE,'HILL', JONES, NASH~& LYNCH, L.L~.P ' ' ATTORNEYS AT LAVA! / .701 SOUTH THIRD STREET .' r\ W. TALMAGE JONES WILMINGTON, NC 28401 MAILING ADDRESS DAVID A. NASH ,P. O. DRAWER 21.78 WILLIAM O. J. LYNCH ~ ~ • ~ WILMINGTON,NC 28402 JAMES B. SNOW III TELEPHONE 91 P763-4565 WAYNEA.BULLARD ~ , FACSIMILE 9,1;07620687' OF COUNSEL CYRUS D. HOGUE, JR. STACEY L. FULLER ~ WILLIAM L. HILL. II ' ROY C. BAIN August 25, 1999 , Mr. William A. Caster , . ~ . Chairman '~ Board of Commissioners • New Hanover County , ' ~ °• . , 320 Chestnut Street; Room 305 ~ ' -~ Wilmington, ~NC 28401 '' ;, ~ , , Re: Petition for Authority to Disinter, Remove and Reinter G-raves.in accordance~with N.C.G.S. ~ 65-13. , . ~ ~ • Dear Mr. Caster: I am writing to request that a matter involving the Commissioners' approval of the disinterment, removal and reinterment of graves for my client, .Richard Moore, and his corporation which holds title to the property, NeverEnough, Inc., be placed on your agenda for- consideration at the earliest possible date. In support of this request, I provide the following information. ' ,. ,~ . .. N.C.G.S. ~ 65-13 (see copy attached) outlines the procedure to be followed by a property owner in disintering, removing and reintering bur-ied~xemains that'a-~property owner. finds on lus. or her property. Subsection (g) of the statute provides that the disinterment, removal and reinterment is to be carried out under the supervision and direction of the~;County Board, of Commissioners. I have spoken with Kemp Burpeau in the County Attorney's Office and have -~ been advised that it is necessary for the property owner to request the Commissioners' approval for the action he intends to take. NeverEnough, Inc. is the owner of the property described in deed recorded in Book 2395 at Page 94 Ne~~ Hanover County Registry and located on the western side of Carolina Beach Road, North of Myrtle Grove Road. The street address is 6736 Carolina Beach Road, Wilmington, North Carolina. This property is formerly part of the Steadman Hewett Tract of Land, and is presently identif ed as~tax Parcel LD No. R08020-001-031-000, PIN No. 31321036005700`0~'~`JA`copy~~~~he tax map is attached for your information. ,_ Si ~. grave sites.. have rbeei~ ated on the property in an area which was heavily overgrown O ~~th brush when the property w~as~aacqurred. Three grave markers beanng the names and information: "T.H. 1~1cGee born Feb 1854 died August 12, 1916; Infant of T.H. & M.C. McGee; and Amelia, wife of Stephen Keyes, born Jan. 4, 1837; passed to spirit life, Oct. 8,' 1895," were found on this property in the vicinity of these graves, and a gravestone bearing the name and information "Sarah E. Keyes Jan. 18, 186] -Oct. 6, 1935" has been found on the adjacent tract under separate ownership, however the historical record indicates that the remains of each of the .persons named in these grave markers were previously disinterred, removed, and reinterred .." elsewhere with other graves of the Keys (or Keyes} Graveyard, in August of 1948, so these markers may not be from the graves described above. IVIy client wishes to remove any remains located in these graves and any other graves which may be located in the immediate vicinity in the process of disinterment, and to reinter them in a cemetery.. . In orderf to assist him with these efforts, my client has hired a licensed funeral director, .Phillip Ellen from Phillip Ellen & Associates, Inc., of Southern Pines, North Carolina. Ivlr. Ellen possesses all the required permits and certifications to undertake the location, disinterment;: ` removal and reinterment of these graves. It is my understanding that Mr. Ellen is currently .. working with the staff of New Hanover County in connection ~%ith other grave removals in the • County: • N.C.G.S. § 65-13 requires that a public notice. of intent to disinter, remove and reinter these grave`s be published. We are in the process of running this notice of this time. Tam enclosing a proposed resolution for your consideration. I will appear at your meeting and be pleased to answer any questions you~and the other Commissioners may have. I thank you and the other Commissioners for your consideration of this request and if you need further • information prior to the meeting please do not hesitate to contact me. Yours very truly, . • • ~ ~~ i 4 •. JB S III/at . Enclosures r cc: ~Mr. Kemp Burpeau 1VIr. Richard Moore President, NeverEnough, Inc. • S:\ f6sl [ I'.?(everE n<~ughf ne`.o T 6C'arolinaL' eachRoad\grayesites`,BoardofComm iss ioners_Itr. apd B. Snow, III 107 BOARD" OF"COMMISSIONERS - ~ -~- •~~ NEW HAN.OVER COUNTY,-NORTH CAROLINA .~ Date:, . _ ~ -, . 1999 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF •'•`~• NEW HANOVER COUNTY, NORTH. CAROLINA' AUTHORIZING THE DISINTERMENT; REMOVAL AND REINTERMENT OF GRAVES LOCATED - ~ ON PROPERTY OWNED BY NEVERENOUGH,•INC. WHEREAS, N.C.G.S. ~ 65-13 outlines the procedures to be followed by any party effecting the disinterment; removal and reinterment of a grave containing a deceden"t's remains; and WHEREAS, N.C.G.S. § 65-13 provides-,that all disinterment, removal; and reinterment under the provisions of Chapter 65 of the North.Carolina General Statutes shall be made under the supervision and direction of the County Board of Commissioners; and • .WHEREAS; NeverEnough, Inc., is. the.owner of the'property described in deed recorded in Book 2395 at Page 94 New Hanover County Registry and located~on~the western side of Carolina Beach Road, North of Myrtle Grove Road. The street address is 6736 Carolina Beach Road, .Wilmington, North Carolina. This property is formerly part ofthe Steadman Hewett Tract of Land, and is presently identified as tax Parcel ID N.o. RO8020-001-031-000, PIN No. • 3132103600"57000. ~ ~ ' WHEREAS, NeverEnough, Inc., has requested the New Hanover County Board of Commissioners to grant it authority to undertake such disinterment, removal and reinterment consist.with the provisions ofN.C.G.S. § 65-13. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County, North Carolina,, as.follows' 1. NeverEnough, Inc., is hereby authorized to disinter, remove and reinter all graves located on that property owned by it in the unincorporated area of New Hanover County and described in deed recorded in Book 2395 at Page 94 New Hanover County Registry and located on the western side of Carolina Beach Road, North of Myrtle Grove Road. The street address is 6736 Carolina Beach Road, _ Wilmington, North Carolina. This property is formerly part of the Steadman Hewett Tract of Land, and is presently identified as tax Parcel ID No. RO8020= 001-031-000, PIN No. 313210360057000. -+ 2. Such disinterment, removal and reinterment shall be carried: out by NeverEnough, Inc., in accordance with the provisions of N.C.G.S. ~ 65-13 and any rules and regulations promulgated by New Hanover County. 108 :, 3. The authority granted herein shall encompass the disinterment, removal and reinterment in a cemetery of the remains of any decedent located on the real .. property owned by NeverEnough, Inc., and described hereinabove. 4. The actions of the. Board of Commissioners to approve the disinterment, removal . ' - and reinterment as described herein are taken in accordance with and pursuant to the provisions ofN.C.G.S. ~ 65-13. '~ ~ This Resolution adopted this day of , 1999. Chairman ATTEST: .Clerk , (SEAL) ~ t S:VbsIIANeverEnou~Inc\6736C:uolinaBeachRoad\~ravesiteslResolutionBoardofCommissioners.wpd . r. - ~. 109 l § 65-13. Removal. of graves;.who may disinter, move~and reinter; notice; certificate filed;' ~J reinterment expenses, due care required. (a) "The State 'of North Carolina and any of its agencies; public institutions, or political subdivisions, the United"'States of America or ariy agency tfiereof, any church; electric power or lighting company, or any person, firm, or corporation may effect the disinterment, removal; and reinterment of graves as follows: (1) By the State of North Carolina and any of its agencies, public institutions, or political subdivisions, the United States of America or any agency thereof,. when it shall determine and certify to the board of county commissioners in the county from which the bodies are to be disinterred that such removal is reasonably necessary to perforrl its Governmental functions and the duties delegated to it by law. (2) By any church authority in order to erect a new church, parish house, parsonage, or any other facility owned and operated exclusively by such church; in order to expand or enlarge an existing church facility; or better to care for and maintain graves not located in a regular cemetery or burying ground for which such church has assumed responsibility of care and custody. (3) By an electric power or lighting company when it owns Land that is to be used as a reservoir on which graves are located. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and reinterment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and reinterment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be reinterred in a suitable cemetery or burial ground. (c) -The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and reinterment, file with the register of deeds of the county from which the graves were removed. and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been reinterred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or reinterment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date,,death date, and family name. A fee of one dollar ($1.00). for each page or portion of page of such certificate of removal facts shall be paid to the register of deeds of each county in which such certificate is f led for registration. (d) All expenses of disinterment, removal, and acquisition of the new burial site and reinterment 11 ~(~rall be borne by the party effecting such disinterment, removal, and reinterment, including the actual 2 reasonable expense of one of the next of kin incurred in attending the same, not to exceed the sum of two hundred dollars ($200.00). (e) The office of vital statistics of North Carolina shall promulgate regulations effecting the registration and indexing of the written certificate of the removal facts, including the form of that certificate. (f) The party effecting the disinterment, removal, and reinterment of a decedent's remains under the provisions of this Chapter shall ensure that the site in which reinterment is accomplished shall be of such suitable dimensions to accommodate the remains ofthat decedent only and that such site shall be reasonably accessible to all relatives of that decedent,, provided that the remains may be reinterred in a common grave where written consent is obtained from the next of kin. If under the authority of this Chapter disinterment, removal, and reinterment is effected by the State of North Carolina or any of its agencies; public institutions, or political subdivisions, the United States of America or any agency thereof, any electric power or lighting company, then such disinterment, removal, and reinterment shall be performed by a funeral director duly licensed as a "funeral director" or a "funeral service licensee" under the provisions of ,4rticae l3A of Chanter 90 of the North Carolina General Statutes. (g) All disinterment, removal and reinterment under the provisions of this Chapter shall be made under the supervision and direction of the county board of commissioners or other appropriate official, including the local health director, appointed by such board for the county where the disinterment, removal and reinterment take place. If reinterment is effected in a county different from the county of disinterment with the consent of the next of kin of the deceased whose remains are disinterred, then the disinterment and removal shall be made under the supervision and direction of the county board of commissioners or other appropriate ofricial, including the local health director-, appointed by such board for the county of the disinterment, and the reinterment shall be made under the supervision and direction of the county board of commissioners or other appropriate official, including the local health director, appointed by such board for the county of reinterment. Due care shall be taken to do said work in a proper and decent manner, and, if necessary, to furnish suitable coffins or boxes for reinterring such remains. Due care shall also be taken to remove, protect and replace all tombstones or other markers, so as to leave such tombstones or other markers in as good condition as that prior to disinterment. Provided that in cases where the remains are to be moved to a perpetual care cemetery or other cemetery where upright tombstones are not permitted, a suitable replacement marker shall be provided. (h) Nothing contained in this Article shall be construed to grant or confer the power or authority of eminent domain, or to impair the right of the next of kin of a decedent to remove or cause the removal, at his or their expense, of the remains or grave of such decedent. (1919, c. 245; C.S., ss. 5030, 5030(a); Ex. Sess. 1920, c. 46; 1927, c. 23, s. 1; c. 175, s. 1; 1937, c. 3; 1947; cc. 168, 576; 1961, c. 457; 1963, c. 915, s. l; 196, c. 71; 1971, c. 797, s. l; 1977, c. 311, s. 1.) ~ 111 11 ~~ 6 I __ ------- ~` ~~ T .I I \~ \\ .. ~ I ~~ ,: I, ~ ~ ~ ~1 ~ ~ ~ ~ ` 1 '~ ~ ~ s,_ ------ ~ __~--- ~ ---_ . r ~.-- ~ ~ _1---k;.~- e"~~ t~ ~ ~ W ~ 1V ~ 0 w ~ ~~ ® X O ,~ CS'~ '~ O ~ "q © CD O .3 .~ ®~. ~'I v~ .~ ~~ W "S ~~ W n ~S O ~. NE1N HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 J • Consent Item #: 10 Estimated Time: Page Number: Department: Planning .Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Application for a Transportation Enhancement Grant for Bicycle Improvements along McMillan Avenue between UNCW and Pine Grove Drive. BRIEF SUMMARY: The provision of bicycle lanes on McMillan Avenue has been identified as top priority in the Wilmington Urban Area Transportation Plan 1999-2025. The road, which is in the Wilmington city limits,-would provide the the first dedicated link between UNCW and the "River to the Sea" bikeway which runs between downtown Wilmington and Wrightsville Beach. The application, has been prepared by staff from the County Planning Department, Wilmintgon Planning Division and the UNCW Chancellor's Office (Vice Chancellor Richard Scott). The application would represent the first conglomerative effort between the City, County, and UNCW to provide safe bicycling facilities for residents and students. The length of roadway to be improved is approximately .7 miles. The project would include adding bike lanes at least four feet wide on both sides of the road, erecting bike routes signs and adding pavement markings indicating bike lanes. The estimated cost of the project is $220,000. The Grant requires a 20% match which will be met entirely through in kind services provided by UNCW and the City of Wilmington. UNCW and the City of Wilmington will administer the grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend supporting the submission of the Transportation Enhancement Grant application for bicycle improvements along McMillan Avenue. FUNDING SOURCE: None Requested ATTACHMENTS: Grant Application REVIEWED BY: LEGAL: FINANCE: Approve Recommend approval. BUDGET: Approve HUMAN RESOURCES: NIA OMMENDATIONS: BOUNTY COMMISSI/©NER~ APPROVED G~ `REJECTED ^ , REMOVED ^ POSTPONED ^ fi HEARD ~.~ 13 - '~~~ . 114 ... ~..~~ ~Q .v - s~ ~.. v fl gVlt ~~ i '.l NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09107!99 Consent Item #: 11 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Application for a Transportation Enhancement Grant for Bicycle Improvements along Greenville Loop Road and Pine Grove Road. BRIEF SUMMARY: Greenville Loop Road and Pine Grove Road currently are equipped with wide outside lanes which are added to facilitate bicycle use. The Wilmington Urban Area Transportation Plan 1999-2025 identifies these roads as needing bike route signs ahd pavement markings so that both automobile operators and bike riders know to share the road. Both roads are state maintained. Both roads provide an essential transportation link in the network of bike routes and connect to the "River to the Sea" bikeway which runs between downtown Wilmington and a Wrightsville Beach. Bradley Creek Elementary School and Winter Park Elementary School would benefit greatly from these enhancements. Cyclists who commute and/or ride for training or enjoyment on Masonborro Loop Road and Masonboro Sound Road would use the bike lanes to get downtown and to the beach. The total length of the pavement markings and signing project is 3.91 miles. The project entails erecting bike route signs and adding pavement markings indicating bike lines. The estimated cost of the project is $ 6,348. The North Carolina Department of Transportation would be responsible for construction of the project .The Grant requires a 20% local match or $1,270. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend authorization and submittal of the Transportation Enhancement Grant application for bicycle improvements along the Pine Grove Road and Greenville Loop Road. Request acceptance of the grant and approval of budget amendment transferring $1,270 from contingency to Planning if grant awarded. FUNDING SOURCE: If grant is awarded $1,270 match will come from contingency ATTACHMENTS: Grant Application REVIEWED BY: LEGAL: FINANCE: Approve. BUDGET: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENI Recommend approval. COMMISSIONERS' AC IONS/COMMENTS: HUMAN RESOURCES: NIA ~C~Uf11TY ~OMMISSIONE~ ~~PPROVED C/ DEJECTED ^ ,d; REMOVED ^ ~~~~ POSTPONED ^ '~~: HEARD ^ r~'r~' 115 r`> v ~l ;~ ~`, - ~ ~9t~~i~ 116 Y ~ ~'~; ~ ..,~.; ,. i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date: 09/07/99 Conseht Item #: 12 Estimated Time: Page Number: Department: Governing Body Presenter:. William A. Caster Contact: Lucie F. Harrell SUBJECT: Free Days at the Coast Line Convention Center for the annual "How Does Your Garden Grow?" show sponsored by the New Hanover County Arboretum BRIEF SUMMARY: Request from the New Hanover County Arboretum for two of the County's free days at the Coast Line Convention Center to host the annual "How Does Your Garden Grow? show. The dates requested are .February 5 and 6, 2000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the request and authorize the Chairman to write a letter of notification to the Coast Line Convention Center and Arboretum. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW Recommend a DATIONS: ~~UNTY COMMISSION€I~, APPROVED- L~/ REJECTED ^ ~` REMOVED ^ ~' • POSTPONED ^ :~ 11.7 (DATE - Q(;~ ~ Q_,.,, ~ANOVE.~ Ct~ ~,~1~,~Er~szorr sERV CST ~ ~~ ~ ~ ~ ~ , ~""o,,,ggyy^~~~~,,,~1A Fi~d~4~~.1tL~.R~y NEW HANOVER COUNTY EXTENSION SERVICE ARI30RETUNI FOUNI)AT1C)N, INC. TRUSTEES PRESIDENT Emily A. McCoy VICE-PRESIDENT Dr. Philip Smith TP,EASURER Dr. Henry Singletary SECRETARY Glenna K. Newton Arboretum Cre~r~ Leader John L Cain Michael Armand Heather McNaughton Burkert Louisa Trigg Canady The Rev. Edward Connette Elizabeth S. Connette Beth Elliott Bonnie L. Faler Garry Garris Robert B. Godley Alida Gresham Sam Hadclock Douglas Hahn Shirley L. Flardee Joa~i Harding Elear~or M. Flunt Barbara Johansen Dare Keir Nina Ccx Lane Jim Lanier, Ph.D. Linda L. Lawson Dianne W. Lynch Lee McConne!I Dr. J. Eugene McMurray, Jr, Paul F. Nicholasen Pyiary Margaret McEachern Nunalee Neel Patrick Lorraine Perry Bob Reid Karen Root Bill Shaw Eelcc H. Ti~iga, Jr. Dave Weaver, Ex-officio P,nn NJiI!ard C. Bruce VJilliams. Ph.D.. Ex-o 118 (~?~~ ®lecancie~- I~ ia~e August 16, 1999 Mr. William A. Caster Chairman N.H.C. Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Dear Mr. Caster, _. _ _~ ; ~-- ;;..~ i. ~ - .,~ .~ j--:.. ~ ~ I'I~ ~ ~ i~7,f i1~ ~ ~ 3° ~ ~'M For the past two years the county commissioners have approved the use of one of the county's "Free Days" at the Coastline Conventiori Center. This generous support allows the Arboretum Foundation annual "How Does Your Garden Grow? Show" to remain at the convention center by easing the show's expense burden. Since the County Commissioners have a long history of support for the Arboretum we see this as a "win-win" situation. Again this year we are requesting your support in granting a county free day for the year; 2000 show. The show dates for 2000 are February 5 and 6. ~ ~ ' Thank you for your continued support. Sincerely, ~~~~ ffir_io Karen Root Show Chairperson cc: C: Bruce Williams, Director Allen O"Neal, County Manager - ~ r~;'l~i~") ~:~, a . ~: r x ~ ,.. ~~ x .~ .. ~ . ,. J NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Consent Item #: 13 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: Resolution requesting NCDOT to add roads to the State Highway System BRIEF SUMMARY: State Road Petitions have been received for the following roads: Roads in Old Cape Cod @ Tidewater Plantation Sun Coast Drive in Sun Coast Villas Subdivision Bird Dog Court in Quail Woods Subdivision Shore Point Drive in Bayshore Estates Streets in Saratoga Place Subdivision Streets in Alamosa Place Subdivision Streets in the Legacy and Brittany Lakes Subdivisions Streets in Courtney Pine Subdivision Pages Creek Drive in North Hills Subdivision • RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolutions requesting NCDOT to add the roads to the State Highway System FUNDING SOURCE: ATTACHMENTS: SR-1 Forms and Letters from NCDOT ITEM DDES NOT REQUIRE REVIEW COUNTY MANAGER'S C MMENTS AND RECOMMENDATIONS: Recommend approv COMMISSIONERS' AC 10 S/COMMENTS: ~UiVTY COMMISSIONED APPROVED CYO REJECTED O .~~~ REMOVED o 119 POSTPONED O a~ ° HEARD p ' ~-~~ ~ `~i NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina County of New Hanover Petition request for (check one): Addition to State System (/) - , . ~. . Paving ( ) I t.(.) .% Maintenance mprovemen We the undersigned, being property owners on Sok~-heY., Cesar..-. p.riJGt s~~^^~'0~ ~- 5~...-.r.-tr~cc_. L..fl.~n-e..._. (Describe or give local name or Secondary Road Number) in New Hanover County do hereby request the Division of Highways of the Department of Transportation to q~,r~ ~p S~G~. ~~_~~,.,r, the above-described road:. i, We further advise that the road requested to .Qc~c~ is 3 p7 S . in length and at the present time there are $'$ occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways aright-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 publ'ro road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if, applicable. PROPERTY OWNERS J'. NAME MAILING ADDRESS TELEPHONE 12 The Division of Highways should contact the first petitioner listed below: ' SQv~CA '~ GJ"~ ~r+-: 3r,,... S e rJ ~ cG for - `j 91 -- ~ ~~ t0 4 D (3ox 31[~`I ~ -- } ~ jG` ` ® - "+ i ~* n Revised Form SR-1 (5,_83). All previous forms obsolete. .~, cttlEl~t'~ ., \\ /' \\)Ci ar~E i.• ~U`~, ,. ~ ~ ~ '~ ~~~;~ ~ ` a,.,, ~ STATE of NORTH CAROLINA • DEPARTMENT OF TRANSPORTATION • JAMES B. HUNT JR. DAVID McCOY GOVERNOR SECRETARY August 6, 1999 Ms. Lucie F. Harrell, Clerk New Hanover County Commissioners 320 Chestnut Street Wilmington, NC 28401-4093 Dear Ms. Harrell: This office is considering the addition of Sun Coast Drive in Sun Coast Villas Subdivision (Div. File No. 883-N)) to the state system. After the Board's consideration, if they concur with our • recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Very truly urs avid L. ho gas, P. E. •• District Engineer DLT:psj cc: Mr. S. E. Cooke ~ 121 124 Division Drive Wilmington, N. C. 28401 (910) 251-2655 ~c..,Ni .. ' ~~ t 2 ~ ~ ~ ~: ~ U STATE OF I~10RTH CAROLINA DEPARTMENT OF ~ANSTO~TATION ~A~~IES B. 1-IUNT' JR. E. I~lORR1S TOLSON GO\'ERNOR ~ SECRETARY July 26, 1999 Ms. Lucie F. Harrell, Clerk New Hanover County Board of CommissionErs 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Dear Ms. Harrell: ' SUBJECT: Request for Addition to the State Highway System Bird Dog Courtin Quail Woods Subdivision in New Hanover County (Div. File No. 964-N) This will acknowledge receipt of the Form SR l .for the above subject request. After we complete our investigation we will advise you of our recommendations. Sincerely, ,~~/~/,o ~iE'/ D .Bowers, P. , Division Engineer DJB/JWR/mc cc: D. L. Thomas, P.E. 122. 124 Division Drive, Wilmington, NC 28401 Phone (910} 251-5724 Fax (910) 251-5727 ~; ~; ~~ ~ , ~~~ ~ •~~:;~• STATE OF NORTH CAROLINA DEPART`1VIENT OF TRANSPORTATION . TAMES B. HUNT JR. P.O. BOX 2520], RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY July 14', 1999 Ms. Lucie F. Harrell, Clerk New Hanover County Board of Commissioners - - 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093. Dear Ms. Harrell: SUBJECT: Request for Addition to the State Highway System Shore Point Drive in.Bayshore Estates, in New . ~. Hanover County (Div. File No. 963-N) This will acknowledge receipt of the Form SR 1 for the above subject request. After we complete our investigation we will advise you of our recommendations. ^ Sincerely, - G1 . - . J. Bowers, P.E. Division Engineer - '. DJB/JWIt/mc . " cc: D. L. Thomas, P.E.. 123 . 124 DfVIS[ON DRIVE, WILMINGTON, NC 28401 PHONE (919) 733-2520 FAX (919) 733-9150 0,,. SL1TF o .. e w, ~ , ~`° ww ~~ STATE OF NORTH CAROLINA - DEPARTMENT, OF. TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C.~;27611-5201: DAVID MCCOY,, GOVERNOR ACTING SECRETARY June ,7, 1999 Ms. Lucie F. Harrell, Clerk ~ . . New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 ~ . Wilmington, NC 28401-4093 ~ ~ " ' Dear Ms. Harrell: ' SUBJECT: Request for'Addition to~the State Highway System ~ ~ ~ ` Streets in Saratoga Place Subdivision in New Hanover . County (Div. File No. 959-N) ' This will acknowledge receipt of the Form SR 1 for the above subject request. After we complete our' investigation we will advise you of our recommendations. Sincerely, ~~~~ ~J D. J. Bowers; P.E. Division Engineer ,. DJB/JWR/mc ~. cc: D. L. Thomas, P.E. 124 C~ 124 DIVISION,DRIVE, WILMINGTON, NC PHONE (910) 25.1-5724 FAX{910).251-5727 • ~ '~~ ~.~ ~~~,~~ '' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALE]GH, N.C. 27611-5201 DAVID MCCOY GOVERNOR ACTING SECRETARY June 7, 1999 Ms. Lucie F. Harrell, Clerk New Hanover County Board'of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 . Dear Ms. Harrell: SUBJECT: Request for Addition to the State Highway System Streets in Alamosa Place Subdivision in New Hanover County (Div. File No. 9C0-N) • This will acknowledge receipt of the Fo>-m SR 1'for the above subject request. After we complete our investigation we will advise you of our recommendations. Sincerely, D. J. Bowers, P.E. ,Division Engineer DJB/JWR/mc cc: D. L. Thomas, P.E. • 125 124 DIVISION DRIVE, WILMINGTON, NC PF10NE (910) 251-5724 FAX (910) 251-5727 ~,~ ..-. r' . 4ryd,.aSUT[~° aYN u ~ ' V •~ GUM ^rd,• STATE OF NORTH CAROLINA DEPARTY~NT OF TFZANSPORTATION JAMES B. HUNT JR. ~ P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR June 7, 1999 Ms. Lucie F. Harrell, Clerk New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 - Dear Ms. Harrell: SUBJECT: Request for Addition to the State Highway System Streets in The Legacy and'Brittany Lakes Subdivisions in New Hanover County (Div. File No. 961-N) 1~'\1 `rl \ ` DAVID MCCOY ACTING SECRETARY This will acknowledge receipt of the corm SR 1 'for the above subject request. After we complete our investigation we will advise you of our recommendations. Sincerely, D.~ J. Bowers, P.E. Division Engineer DJB/JWR/mc cc: D. L. Thomas, P.E. 126 f~ 124 DIVISION DRIVE; WILMINGTON, NC PHONE (910) 251-5724 PAX (910) 251-5727 ' eµ ~A~ . 5%r ~~ STATE OF NORTH CAROLINA DEPARTMENT OF.TRANSPORTATION JAMES B. HUNT 1R. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR ~ ACTING SECRETARY . ~ June 7, 1999 Ms. Lucie F. Harrell, Clerk . . New Hanover County Board of Commissioners 320 Chestnut Street,. Room 305 Wilmington, NC 28401-4093 - Dear Ms. Harrell: 'SUBJECT: Request for Addition to the State Highway System Streets in Courtney Pine Subdivision in New Hanover' County (Div. File No..958-N) ~ . ~~ ~ This will acknowledge receipt of the Form SR 1 for the above subject request. . After.we complete .our investigation we will advise you of our recommendations. Sincerely, l ~~ D. J. Bowers, P.E.. Division Engineer . - DJB/JWR/mc . cc: D. L. Thomas, P.E. ~~ . 127 .124 DIVISION DRIVE, WILMINGTON, NC PHONE (910) 251-5724 FAX (910) 251-5727 ~ -dd ~~Eo .~ ~^V^~. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH,~N.C. 27611-5201 DAVID MCCOY• GOVERNOR SECRETARY July 2, 1999 ~ ' '~ Ms. Lucie F. HaiTell, Clerk ~ ~; New Hanover County Board of Commissioner`s " ~ ~~ `~ ~ ; ~ h ~`~`1`' _ 320 Cliesinut Street, Room 305 ~ ~ . ~.,~ Wilmington, NC 28401-4093 _ ' . ~ ~ a~ Dear Ms. Harrell: SUBJECT: Request for Addition to;the State Highway, System , . Pages Creek Drive in North Hills Subdivision, ~in ", I~Tew Hanover County (Div..File No. 962-N) This will acknowledge receipt of.the Form SR l for the above subject, request. . After we complete our investigation we will advise you of our recommendations. Sincerely, D. J. Bowers, P.E. Division Engineer DJB/JWR/mc ,. cc: D. L. Thomas, P.E. 128 `-~ 124 DIVISION DRIVE, WILMINGTON, NC 2840] PHONE (919) 733-2520 FAX (919)' 733-9150 NEW ~HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION : Meeting Date: 09/07/99 ' Budget Amendment . Consent Item #: 14.1 Estimated Time:. Page Number: ' . DEPARTMENT: Various ~ ' BUDGET AMENDMENT #: 00-0020 ADJUSTMENT DEBIT CREDIT ~: . Museum .. Grassroots Science Grant $136,487 Temporary Salaries ~ $28,329 FICA $2,366 Medical Insurance $2,984 ' Disability Insurance ~ $82 . Retirement ~ _ $999 _ Contract Services $35,750 M&R-Equipment ~ ,$2,000 - Printing - $6,264 Supplies ~ .. $28,721 Auto Reimbursement ~ Travel $288 $9,728 Insurance $800 Flow-Through ~ ~ $5,089 Capital Outlay $5;527 Motor Vehicles $7,560 Juvenile Day Reporting Center . Juvenile Day Reporting Grant $64,072 . Contribution from Schools $21,305 . Salaries ~ $8,490 " . Contract Services $46,103 Supplies $1,875 ' ~ Capital Outlay ~ $28,909 ' Cooperative Extension-Extended Proj. > - . Pesticide .Recycling Grant $9,009 ' Urban Forestry Grant $2,840 ' .Cape Fear Memorial Foundation Grant ~ $4,803 , _ - ~ Cooperative Extension~:Ex~pense'"' '' `;`°~>E~~~~ $16,652 . .Cooperative Extension'. { - . , ,Master Gardener's Grant $7,718 . ~ -Temporary Salaries } ! _; .FICA ' $ g !: ~,~e ~~.~ .:~:;~.~T~. Planning CAMA Grant $5,000 . Printing ~ .. ,; a ~ ~ $5,000 Aging-Senior Center :, ~~ ., VISTA Grant $1,353 Volunteer Auto Expense ~ ~ $1,353 Environmental Management-Recycling Division of Pollution Grant $4,000 Salaries $2,000 Contract Services $2,000 Emergency Management NC Dept. of Crime Control Grant $2,920 Travel $2,920 Human Services Transportation Transportation Asst-ElderlylDisabled $42,035 Elderly -$25,430 Disabled - _ $18,445 General Public Trans. Asst. $8,4.33 , . General Public Expense •$8,453 Transportation-fees $1,840 .,.: Automatic Fingerprint System-Sheriff's AF1S Grant , $2,774 . Transfer in from General Fund $925 , Supplies .$2,203 Capital Outlay $1,496 Commissioners Appropriated Fund Balance $925 Transferto AFIS Grant ~ , . $925 '_„ .. EXPLANATION: To rollover unexpended grant funds from FY 98-99 to FY 99-00. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: q Uiil'PY GQMM15 IONF `. ~ ~ ~' ^ ~_ 130. ..r~ ~ry DATIE ~ rla ~ ~'~'.~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/07/99 Budget Amendment Consent-Item #: 14.4 Estimated Time: Page Number: DEPARTMENT: Health/Partnership For Children • BUDGET AMENDMENT #: 00-0023 ADJUSTMENT ~ DESIT . CR EDIT ' Smart Start Grant -Partnership For Children $11,757 Contracted Services - ~ $1,200 ~. ~ Salaries and Wages ` $9,400 Social Security Taxes (FICA) ~ $720 Retirement -Local Government Employees $466 Medical Insurance $1,777 Long-Term Disability Insurance $22 ` Departmental Supplies ~ $572 EXPLANATION: Additional grant funding from Smart Start -Partnership For Children. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: . BOUNTY CpMMi5SI0N APPROVED Cam---" REJECTED ^ . • • ~ REMOVED ~ a POSTPONED ~ ~~_ .. HEARD ^ ~^ l~~• ` v _~f ~ jq~ PATE . - • CONTRACT ' ~3-90=3-03-0203 Between New ,Hanover County Partnership For+Children and New Hanover County. Health Department ,, ; , FEDERAL TAX ID #. , :-56-6000324. I. II. III. IV V Parties to the Contract: ` .This Contract is entered into by and between the New Hanover County Partnership For Children, hereinafter referred to as the "Local Partnership," and the New Hanover County Health Department, hereinafter referred to as the "Direct Services Provider", for the activities specified in Attachment I of this contract. Neither party shall•sell, assign or , transfer any interest in this Contract without prior written approval of the other, provided; however, that, such, consent .will not be unreasonably withheld. All subcontracts must be approved by the Partnership prior to execution. This ,:.Contract shall inure to the benefit of and be binding upon the parties hereto,,their successors and legalsepresentatives. Effective Period: r -This Contract is effective July 1, 1999 and terminates on June 30, 2000 with the option to extend,' if mutually agreed, through a written amendment as provided for in Part XV. Independent Status: The parties hereto aclrnowledge that they are independent entities. Neither party shall represent itself as agent or employee of the other, nor shall either party bind or represent that it has. the ability to bind the other to any monetary or legal obligation. Liabilities,and Legal Obligations: ,,.. Each party hereto agrees to be responsible for its own IiabiIities and that of its officers, employees, agents or representatives arising out of this Contract including fiscal responsibility for deviation from this Contract. Administrators for the Contract: The persons named below shall be administrators for the respective parties and shall be the persons to whom notices . provided for in this Contract shall be given and to whom matters relating to administration or interpretation of this Contract shall be addressed. Either party may change its administrator or his address or his telephone number by written notice to the other party. For the Local Partnership: Jayne H. Davis, Executive Director New Hanover County Partnership for Children 100-A Eastwood Road Wilmington, NC 28403 Telephone: 910-792-6160; Fax: 910-792-6044 ~~ ~:~:,., :,: ~r~•.. ~r.,, :}R p For Direct Services Provider: David Rice, Health Director New Hanover County Health Department 2029 South 17`~ Street ~~~ Wilmington, NC 2840] Telephone: 910-343-6500; Fax:910-341-4146 Page 1 of 7 -, VI. General Provisions: A. The place of this Contract, controlling its status and form, shall be New Hanover County, North Carolina, and all, " matters relating to the validity, construction, interpretation and enforcement of this Contract shall be determined in -the courts of New Hanover County. Any suit in federal district court relating to this Contract shall be brought in the United States District Court, Eastern District of North Carolina, Wilmington Division. . B. This Contract supersedes all prior agreements between the parties and expresses their entire understanding with respect to the transactions contemplated herein.. Any prior agreements, verbal understandings or otherwise, shall be deemed merged herein.. In witness to the terms of this Agreement, the Direct Services Provider and the Local Partnership have executed this Agreement in duplicate originals, one of which is retained by each of the parties. C. Payment of compensation specified in this Agreement is dependent upon and subject fo the allocation and appropriation of funds to the Local Partnership for the purposes set forth in this Agreement and is contingent upon fund availability from the N.C. General Assembly. The Local Partnership has the authority to change the .allocation to the. Direct Services Provider should the amount of funding be different from that anticipated. D. -This contract is subject to monitoring by the Local Partnership as well as by the North Carolina Partnership for Children. E. No provision of this Agreement shall be interpreted for or against any party because that party or his or her legal representative drafted the Agreement or any particular provision, and the parties hereby unconditionally waive ..such defense or claim regarding this Agreement. This stipulation may be used regarding any claims or defenses ' based on this Agreement. VII. Responsibilities of the Local Partnership: • ' A. Reviewing, approving, and reimbursing costs of services and activities described in Attachment I. - ~ . B: Monitoring the Direct Services Provider for compliance with the terms of this Contract; C. Specifying all reports and deliverables required from the Direct Services Provider; and D. Maintaining any audit reports submitted by the Direct Services Provider for three {3) years or until any audits in progress at that time are completed. . E. Conducting, at a minimum, one on-site review annually. VIII. Responsibilities of the Direct Services Provider: ' A. Performing the activities described in Attachment I, and in the project proposal, in accordance with the terms of this Contract. • B. Attending scheduled meetings with the Local Partnership as requested and submitting to the Local Partnership, in such form as specified, written quarterly and year end,reports. F C. Promoting the activities specified in this Contract as being funded by Smart Start and the Local Partnership. D. Complying with Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), any State and/or federal antitrust statutes and/or ' regulations, and all requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles for both personnel employed and clients served. E. Complying with the equipment conditions specified in Section X: Title to Equipment. 135 Page 2 of 7 REPORTS AND RECORDS F. Maintaining program-and fiscal records for'this Contract`for three (3 )'years after final payment under this Contract ' ' or until any audits in progress at that time are completed. G. Making available all records, papers, vouchers, books, correspondence or other documentation or evidence at all • • reasonable times for review, inspection or audit by duly authorized officials of the Local Partnership, The North Carolina Partnership' for Children, The Department of Health acid Human Services,, or the North Carolina Office - of the State Auditor.: The Direct Services Provider agrees that the Local Partnership or its agent may have the • right to audit the records of the Direct Services Provider pertaining to this Contract both during performance and after completion. t H: ~ Participating'iri•theZocal Partnership's evaluation process and developing measurable outcomes for evaluating the funded'activities, including consumer satisfaction measures. I. .Submitting to the Local Partnership any other plans, reports, documents or other products that the Local .Partnership may specify. - ~ ~ - , °r FINANCIAL REPORTS, BUDGETS, AND AUDITS J. Submitting to the Local Partnership by the seventh (7`i') day` of the month, in such form as specified by the Local ' Partnership, a financial status report for each activity, which details monthly expenditures in order to claim reimbursement or receive payment. K. Maximizing the use of in-kind contributions (volunteers, goods; services, facilities) and agreeing to assist.the Local Partnership in quantifying these contributions and any other direct or indirect funding the Local Parinership funds have leveraged. L, The Direct Services Provider shall use or expend the funds,provided.by this grant agreement-only for the purposes for which they'were appropriated by the General Assembly or collected by the State. The Direct Services Provider is subject to the audit requirements of General Statute 143-b.1 .and the applicable prescribed requirements in the Office of the State Auditor's Audit Advisory #2 "Rewrite of G.S. 143-6.1 entitled Nonprofits. State Funds Accountability Act -Reports on Use of State Funds by Non-State Entities" including its attachments. If tfie Direct Services Provider is a']ocal: or county government or public authority, it is subject to the audit requirements of General Statute 159.34 and the applicable prescribed requir"ements in the Office of State Treasurer's "Audit Manual for Governmental Auditors in North Carolina." A.copy of the required . ., ... audit must .be_filed.with.the.Loca1 Partnership.-. _-.- M. If the Direct Services Provider receives, uses, or expends at least $ I x,000 but less than $300,000 in state funds during its f seal year, it shall file with each funding agency a sworn accounting of receipts and expenditures of state funds in, the format approved by the State Auditor. This accounting must be, attested to by the Direct Services Provider Treasurer and one other authorizing officer of the Direct Services Provider. This accounting must be filed with each funding agency within six months after the end of the Direct Services Provider's operating year. If the Direcf Services Provider receives; uses; or expends state'funds of $300,000 or more during ifs,fiscal year, it must file with the State Auditor and each funding agency its audited financial stafernent(s) in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO-2 "Grantee Audit Reports." Local governments, county governments, and public authorities are not subject to this provision M. , . ,.. N.~ if the Direct Services Provider experids.$300,000 or more'in'federal awards during its fiscal year from any source, ' including federal funds passed through the State or other' grantors, if must.obtain a single or program-specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-133 "Audits of 1 ~ ~ ' States, Local Governments and Non-Profit Organizations." Such audit will satisfy the•audit requirements of G.S. 143 - b.l. '°. r Page 3 of 7 O.~ If the Direct Services Provider disburses or transfers any state funds to other organizations, except for the purchase of goods or services as described by the State Auditor in Memorandum NGO-3 "Questions and Answers" [D-6], it shall require such organization to file with it similar reports and statements as required by G.S. ' 143-6.1 and the applicable prescribed requirements of the Office of the State Auditor's Audit Advisory #2 including its attachments.. The Direct Services Provider shall require such organizations to furnish to the State .Auditor and the funding agencies, upon request, all financial books, records, and any other information requested by them to provide full-accountability for the use and expenditure of state funds. ' If the Direct Services Provider disburses or transfers any pass-through federal funds received by the State to other organizations, it shall require such organizations to comply with the applicable requirements of OMB Circular A- 133 "Audits of States, Local Governments and Non-Profit Organizations." P. The State Auditor has audit oversight forall grantees which receive, use or expend state funds. The Direct 'Services Provider shall furnish to the State Auditor and the funding agencies upon request, all financial books, " records and any other information requested by -them to provide full accountability for the use and expenditure of . state funds. - Q. Promptly notifying the Local Partnership ifthe Direct Services Provider's tax status is revoked or~modified in any way.. R. Receiving approval from the Local Partnership prior to implementation ofany activity changes by the Direct Services Provider. Budget amendments must also receive advance Local Partnership approval: S. .Securing and providing evidence of an Honesty Bond or Crime Insurance covering. staff involved in the handling of Smart Start funds when the total funds exceed or are expected to exceed $100,000. ' " T. Reporting of suspected child abuse, neglect, or dependency as defined in G.S. 7A-517. IX. .Payment for Services: . . " -The total payment under this Contract shall not exceed $ 95,000.00 (Ninety-Five Thousand Dollars). Upon execution of this Contract, the Direct Services Provider may request and, upon approval by the Local Partnership, receive an advance of no more than two months operating expenses including start-up expenses. The amount of this advance is to „ reflect actual expenses anticipated for the specific upcoming two-month period. ,. , Monthly payments shall be made based on actual expenditures incurred in accordance with the approved budget on file with both parties, or, in the case of a negotiated contract for deliverab]es, based on project achievements or milestones ' established in the payment schedule. UNEXPENDED FUNDS: Any unexpended funds held by the Direct Services Provider shall be reported to the Local Partnership with the final claim for reimbursement. If the remaining unexpended funds are in excess of the final claim for payment, the Direct Services Provider shall return these excess funds to the Local Partnership with the final claim. - The Local Partnership has the authority to withhold payment if the Direct Services Provider fails to make significant progress toward achieving outcomes as defined in Attachments, or if the quality of services provided fails to meet ` Local Partnership standards and expectations for any reason, or if the Direct Services Provider fails to submitrequired reports. X. Title to.Equipment: ~ ` . - Title to equipment costing iri excess of $500 acquired by the Direct Services Provider with Local Partnership funds - shall vest irr the Direct Services Provider, subject to the following conditions: A• The Direct Services Provider shall use the equipment in the project or program for which 't ' ~ acquired as long as needed. When equipment isno longer needed for the project or,prog~m~ . Page 4 of 7 ~ f operations are discontinued, the Direct Services Provider shall notify the Local Partnership and _ ~ .receive written-instructions regarding disposition of equipment. , . . -B. _ - When acquirin~'replacement equipment, the Direct Services Provider may useFequiprnent purchased . through any Local Partnership project or program astrade-in;againstreplacement equipment subject \ ~~~/// •, to written approval of the Local Partnership, • ~~ C. For equipment costing in excess :of $500,-equipment controls and procedures must be in place to safeguard the assets according to the procedures mandated for the Local Aarlnership. ..: ~ . • ~: ~ i. . , XI. Copyrights and Distribution of Material: _ .. .' The Direct Services.Provider may copyright materials originated in the performance of this Contract. These • copyrights notwithstanding, the Local Partnership may use, disclose, duplicate.and distribute all materials delivered ,under this Contract. The Direct Services Provider. hereby grants to the Loca]~Partnership a royalty-free; non-exclusive and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of and to authorize others so to do, ail data, reports, publications, studies, curricula or other materials originated in the performance of this Contract. Such :license shat] be only to the extent that the Direct Services Provider has,the right to grant. such licenser XII. Supplanting; The Direct Services Provider.understands that state funds allocated to the Local Partnership shall not supplant current expenses by counties on behalf of young children and their families and maintenance of current efforts on behalf of those children shat] be sustained. State funds shall not be.applied without the Local Partnership Executive~Director's approval where other State or federal funding sources, such as Head Start, are available or.,could be made available to that county. XIII. Conflict of Interest: The Direct Services Provider expressly states that it has adopted the following policy in accordance with G. S. 143 - 6.1 and related legislation: ' 3.} ..,The undersigned entity is,aware that in the process of fund allocation by its.management, employees; members of the board of directors or other governing body, instances may arise which have the.appearance of a conflict of interest or appearance of impropriety. • ,, In order to avoid conflicts of interest or the appearance of.impropriety, should instances arise where' a conflict may be perceived, any individual who may benefit, directly or indirectly, from the entity's disbursement of funds, shall abstain from participating in any decisions or deliberation. by the entity . regarding the disbursement of funds. . , ~ ~ '~ • . , . ,1 The undersigned entity recognizes the possibility that it may be the recipient of funds which are allocated consistent with the purpose and goals of its programs. If such allocations are made, the undersigned entity . _ will strive to ensure that funds are expended in such: a manner that no, individual will benefit, directly or . .indirectly„from the expenditure of such funds in a manner inconsistent with its programs. The undersigned entity shall not employ any person having such interest during the performance of this contract. The undersigned entity shall notify the Local Partnership in writing of any instances that might have the appearance of a conflict of interest. ° , ;: ,AThis.policy shall not apply to governmental entities. XIV. Confidentiality of Client Information: • 1 ~ Client;information obtained, in the .performance of this Contract is confidential. Information that identifies specific children or families may not be released by the Direct Services Provider for any reason unless prior written approval is Page 5 of 7 granted by the parent or guardian or as directed.by the Local Partnership, except as noted in Section VIII, Subsection - - - T. XV. Amendment: This contract maybe modified by written amendment at any time upon prior approval by the North Carolina - .Partnership for Children and the Local Partnership. All changes must be made upon mutual consent of all parties and shall be incorporated in a written amendment to this contract and signed by the Local Partnership and the Direct Services Provider. XVL ~ Suspension: . This~Contract may be suspended in whole or in part upon ten days written notice, to the Contract Administrator noted in Section .V, by the Local Partnership if the Direct Services Provider has materially failed to comply with the terms and conditions of the Contract, including al] attachments and amendments. .Suspension shall remain in effect until: ~ _ ~. A. the Direct Services Provider has taken corrective action as approved by the Local Partnership; or B. the Direct Services Provider has given written assurances satisfactory to the Local Partnership that corrective action will be taken; or - C. the Contract is terminated by either party or by mutual consent of both parties. XVIL Termination: - . - This Contract may be canceled in whole or in part at any time: ' A. by either party, immediately for cause, upon written notice to the other party's "Contract Administrator as noted in Section V delivered by certified mail with return receipt requested, or in person; or B. by either party, upon at least thirty days. notice in writing to the other party's Contract Administrator as noted in Section V, delivered by certified mail with return receipt requested, or in person; or C. by mutual consent of both. parties. ~` . After receipt of a notice of termination and'except as otherwise directed by the Local.Partnership, the Direct Services Provider shall cease work under the Contract on the date and to the extent specified in the notice of termination. In the event of termination in part, both parties shall continue the performance of this Contract to the extent not terminated. " if the Contract is terminated as provided herein, the Direct Services Providerwill be paid for services actually delivered through the termination date. . XVIIL Disclaimer: The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions hereofand the contract shall be construed in all respects as if such invalid or unenforceable provisions were not - contained herein. - XIX: Default: , - Waiver of any default.shall not be deemed to be a waiver of any subsequent default: Waiver of breach of any- - provision of this Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing, signed by an authorized . representative of the Local Partnership and attached to this Contract. 139 Page 6 of 7 XX. Notification.of Claims of Noncompliance: In the event either party receives notice of any claim of noncompliance with the terms of this Contract, the party receiving notice shall promptly notify the other and provide a copy of any written notification. Claims of J noncompliance shall include, but not be limited to, claims of f seal mismanagement, noncompliance with Federal and/or State'laws, regulations, rules or guidelines, or claims of liability arising out of administration and/or' performance of the activities specified in this Contract. ? fi. New Hanover County Partnership For Children New Hanover County Health Department 100-A Eastwood Road 2029 South 17~` Street ' ~ ' Wilmington, N C28403 ~ `' Wilmington, NC 28401, ~ ~ " 7ayne H. Davis David Rice ' ` _ Executive Director "~ Health Director ~ ' ' (Signature) ., , tore) (Signa . / tYi%~~ Date' Date' - . " - ~ ~~../ ~. 14Q Page 7 of T NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting. Date: 09/07/99 ~ , Budget Amendment ;Consent Item #: 14.2 Estimated Time: Page Number: 'DEPARTMENT: Social Services/Child Day Care ' ,BUDGET AMENDMENT #; 00-0021 - ADJUSTMENT DEBIT CREDIT Child Day Care: • Federal/State Funds Increase -Child Day Care $662,335 federal/State Funds Increase -Head Start $117,932 f Day Care Services $662,335 Head Start $117,932 - EXPLANATION: To budget additional FederallState funds for Child Day Care (State Subsidy and Head Start Wrap Around) APPROV STA S , AL TU : To be approved by Board Of Commission ers COMMISSIONERS' ACTIONS/COMMENTS: x .. ~ - ,-- ~~ AUNTY COMMI5S1©NIR~ ~?~ APPROVED C~-- . - ~ REJECTED ^. . . REMOVED • ~ ~~ ~,~,~ PQST~ONED O •?~ ~ ~ , ` . ®ATE , ~~ 7.14 ~^ NEW HANOVER COUNTY BOARD~OFCOMMISSIONERS REQUEST FOR4BOARD ACTION Meeting Date: 09/07/99• Budget Amendment Consent Item #: 14.3 Estimated Time: Page Number: " ~ ~ . DEPARTMENT: Health/Child Health ~ • -• BUDGET AMENDMENT #: 00-0022 ' ADJUSTMENT DEBIT CREDIT State Funding Increase -Child Health $3,145. ~ • Contracted Services - ' $1,000 Printing ~ ~ $1',500 Departmental Supplies $645 EXPLANATION: Additional State funding for the Child Health Program APPROVAL STATUS: To be approved by"Board Of Commissioners . ;. COMMISSIONERS' ACTIONS(COMMENTS: ~~~'~Y~~~ t~~F ~;~,~pPROVED 1.,,~~ ;,. ~ ~~~~~~',~CTED p i " ~~ ~ ~~ ~D p ~~f~sl,o~:cD • ~ o ~' ~• ~`~ ~~J t'om`!`'" - 132 ~~..,M...-- Y , , NEW HANOVER COUNTY BOARD OF COMMfSS10NERS _ REQUEST FOR BOARD ACTION ~! Meeting Date: 09/07/99 Consent Item #: 15 Estimated Time: Page Number: ' Department: County Manager Presenter: Contact: Will Plentl SUBJECT:.. .Request to Waive the TippinglFee for the Carolina Air Expo BRIEF SUMMARY: ' - The Airport Authority is requesting waiver of the tip fee for the Carolina Air Expo. ' RECOMMENDED MOTLON AND REQUESTED ACTIONS: Recommend approval - FUNDING SOURCE: . ATTACHMENTS: .. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COM AND RECOMMENDATIONS: .Recommend approval 'COMMISSIONERS' ACTIO S COMMENTS: , C~UfvTY COMMISSIONED ' . ~ APPROVED C/ ,REJECTED REMOVED ~ 14.1 ~` POSTPONED ^ HEARD } ~,. ®ATE --q~' 9;~~~c~. Airport Authority I. A. Roseman, D.D.S. Chairman E. L. Mathews, Jr. Vice Chairman John M. Coble Parks L. Griffin Carter T. Lambeth Eaecntive Director Willard G. Plentl, Jr., P.E. ~~IVI ._~ :. ~ + q . INTERNATIONAL AIRPORT 1740 Airport. Boulevard Wihnm~on, North Carolina 28405 (910) 341-4333 (910) 341-4365 FAX Web site: http://w~vw.aitport-wilinington.com August 17, 1999, a-mail: ilm@airpoR-wilmington.com Mr. Allen O'Neal County Manager 320 Chestnut Street Wilmington, NC 28401 ~ ~ `~ Dear Allen, The Authority is very excited about our Carolina Air Expo and benefits derived to the community. In this regard, we are requesting the county to waive the dump fee for ~ . the four 30 cubic yard dump roll off waste containers. We expect each container will need to be dumped only once after the activity. If we can provide any other information please contact me. Thanks for your help. Sincerely, l,~ ~ _. Willard G. Plentl, Jr., P.E. Executive Director F~ M ~/y t.y~}ya }al,.~ ~~ '~~i ~i ~f ~~d4u~1 a ... . ' ~~i~,~ . v' •. { 142 ~~~~~r pp~ky {~ .:~_ lw: 41~" . f r~ ~, ~' ~ , =; r'~lfi''• NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION •~ Meeting Date: 09/07/99 ~. Consent Item #: 16 Estimated Time: Page Number: Department: Environmental Management Presenter: - Contact: Nancy Pritchett . SUBJECT: . Waive the Tipping Fee for Big Sweep Beach Cleanup BRIEF SUMMARY: Keep Arnerica Beautiful is requesting waiver of the tip fee for the Keep America Beautiful Big Sweep Beach Cleanup September 18, 999 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW . .COUNTY MANAGER'S CO TS AND RECOMMENDATIONS: Recommend approval. . COMMISSIONERS' ACTT NS/COMMENTS:. ` GOUNIY COMMI~SI~N~ - APPROVED G'~~ REJECTED C~ . R~MOV~o a . ~ ~ ~$TPONEo 0 14 3 ,. ~~Q ... . M -; !~ ~® ~ j ~ . i ~•~~ f / d ----' ~~ u~ra~~ T August 10, 1999 ,. TO: Allen O'Neal FROM: Nancy Pritchett ~~~~ ' ' ~ / RE: Big Sweep . Saturday, September 18th will be our annual statewide clean-up of our beaches and waterways known as "Big Sweep." At that time, we expect in excess of 1000 volunteers to work on removing the trash and litter. As usual, we asking the Commissioners to waive the tipping fee for the trash collected on that date. We anticipate that Waste Management will again be the hauler for that,material: Thank you for your assistance! ~~~~~r~ ~ ~R'~4`4a~ Y1s t. t, ; ~-~«~ r-, g ~ ~~i~~"rr~ v ...,q ' ~ ` n aecroled 144 ~ ~ ~~ Kn ~~ = ~~ . Pam, EP AID=I:~~~,~.~,,r~. ~~~~1~~"IFI.1L, ®F ICE ~IAl~®~ER COUi~rI'1' 24 North Third Street, l:Zoom 304, Wilmington, NC 28401 (910) 7.62-0965 .,.mss :, :~>. ~ -~-- ti.v~~iu~ya~u:~~s. ~:Sy,bUU ` Contracted Services 539,5~D0 EXPLANATION: To transfer funds from Contingencies for additional site services related to Administration Building. With approval of this budget amendment, the remaining balance in Contingencies will be 5315,723. ' • APPROVAL STATUS: To be approved by Board Of Commissioners ~~~y COMMISSIONERS APPROVED C~--- REJECTED O REMOVED POSTPONED ^, ' HEARD ~ .r# ~~ , --~1~ ~~u ~~~~. ., . ~~ ~. i? ~~ "~ V JriA~~~rGJry~ _. , ~ ~ ~ .~ ~~ ~, .~ . ,` ~~ . ~~;~' <r,v . - SUPPLEMENTAL INFORMATION BOARD OF COMMISSIONERS MEETING 3 SEPTEMBER 7, 1999 AGENDA ITEM #5 - SUBJECT: Consideration of Amendment to design Contract with - Sharpe Architects Attached is the proposed contract amendment to the Sharpe contract for the AdministrationlAnnex Building Design. The proposed amendment covers the feasibility study for the Law Enforcement Center, Southern Bell Building (third floor) and for soil boring for the Blue Clay Road site. The soil boring at the Blue Clay Road site needs to be conducted and attaching that work to this contract eliminates the need for yet another contract. The proposed contract. amendment has been reviewed by engineering and I := . - . ~ recommend approval of the contract and attached budget amendment. Q -~ - ~ 3~~~ . .. COUNTY. COMMtSS1fli1~R3, APPRQVED p - REJECTED p ':,"", ~ ~ - REMOVED p POSTPONED p HEARD p ~: . , ,~ .. ,_ - ,; r ~~ ~~, ~.;~~~~~. v..lhrr~~ ~"~ ,. t ~~1=~ u R. . ~ ~, ~' ` ~, fir.:. a. ~ ~„ ,fn .*. ,~ • COMMERCIAL: $135.00 l RESTDI:N"1'i A l.: $110.00 - WATER c4z Sh;'Wh.'l~ Rt1TL,S'• WATER: $4.44 FOR 1 ST l OOU CALLUNS, THEN $2.17 P.GR 1000 SEWLR: $G.86 FUR ]ST 1000 GALLONS, THEN $4.74 YER 1000 SF:WCR UNLY: $35 NER nWLLLING UNIT ** CHARGES I~OR OUT OF TOWN CUS"fOMLRS WTLL I3F. "1'WICL THOSE OF SIMILAR SHRVIC'ES INSIDE OF TOWN LIMITS , US~'R Nfs F.S': NONE FOR F.XTSTING STRUCTTTRES Sl OQ0 PER BEDROOM FOR NEW C:UNSTRiJC'I'ION ~~P rLES: NONE. H'OR CURRENT PROJ~C.T (INCLtTDF.D 1N C:UUNTY ASSESSMENT} $600 FOR WATER, $700 FOR-StsWER (11FTER PROJECT) .- .. ~.~ -- _. _ ~-- - - ~. j _ y , _. ~' ~ - { ~ n . . ~ e .-- - ~ _ K~A ?~ ~s ~ . , ' O ~ A .. `IOW QF K BEACH - w x ~ `~ ' 117 SETTLERS LANE • POST OFFICE BOX 3 • KU E BRACH, NORTH CAROLINA 28449 ~ q' TELf;PHONE (910) 458-8216 • AX (910) 456-7421 ~ ~ ~2 9Th C A~Q~ .,:, .. ' KllRE BEACH FAC~ SHEET ~. **Annexation Ordinance for Rnnexatio south of Alabama Avenue effective January 1, 2000. Annexa ion has no effect vn the ' County installed water and sewer p oject. .'"'"Minimum monthly meter charge for w ter and sewer for 1999- 2000 is $32.00 minimum with 3,000 allon minimum included, An additional $2.75 per 1,000 gell~on charge in excess of - 3,'000 gallons. **User Fee of $2,500 is for new cons~~tructi.on and will be paid for when a building permit is appl~ed for from the Town of Kure Beach. ~ ,. **Meter Deposit of $60.00. • ~ ~ ~~ .. . ,. -: , .. ~ , _ - ~~ , ` ,, ~ :. • .- . .. F .~ . °~ { - - ' ~ ,- AN EMERGENCY PROCLAMATION OF' THE ~ ~ ` _ ~ ' .' NEW HANOVER COUlr1TY-BOARD OF COMMISSIONERS i . _ .. ~ . . ~. `WHEREAS, New Hanover County suffered a "major disaster"-August 30, 1999 when struck by .. , ~_ ~.Hurricane Dennis; and; . ,. . ' WHEREAS; the President of the United States has authorized federal agencies to provide' ' disaster relief in North Carolina and New Hanover County;.and- - ` WHEREAS,-New Hanover County, as~part of this disaster relief, has agreed to provide vegetative debris removal through contractors operating on :its behalf, from he public and private right- - . of--ways within New Hanover County; ,and. ~ - - ~ . '.. WHEREAS, fhe New Hanover County Board of Commissioners has determined; in order to preserve the safety,: health, and.. welfare of people within. the County, to allow the County's contractors to enter private property and: roadways within New Hanover County for the sole. purpose of removal of °° vegetative debris:.. _ NQW, THEREFORE, IT IS HEREBY PROCLAIMED by the Chairman of the New Hanover County Board of Commissioners that a State of Emergency exists in New Hanover County.pursuant to ` ~ N.C.G.S.14=288.13 and Chapter 6,7, Article II of the New Hanover Code. The Chairman, in conjunction with. other.-members 'of the Board of Commissioners, has determined. that it is necessary to authorize the County's contractors to enter onto private roads and property of the people of New '. :Hanover County for the sole limited purpose of removing vegetative debris caused by Hurricane . . 'Dennis. ~ , ~' _~ ' - IT IS' FURTHER PROCLAIMED that this proclamation shall take effect upon its execution, and shall remain iri effect until, October 7,...1999. ~ , . ., . . This the 7th day of September, l 999. ~ ~ , e ~. _ , '' ~ .;(SEAL) ;.. , . ~. NEW HANOVER COUNTY ~. _~.~ ~. ,:, -. . ~. . William A. Caster, Chairman - Board of County Commissioners, ,, . . ., ° ATTEST:: ~ . _ ;.~, ., _ , ~ - COUNTY COMMISSI N ,. , ~ APPROVED . ' . ,, . RElE~TED Ct .. ~ .. ° - ~ ~ Lucie F: Harrell, Clerk to the Board ~ RCt' ` ~'~O ~ 0 ~ - . ' 'POSTf~NED 0 HEARD ..' •' - ..= .. .. i q'~ ~ ~ x ~~y yy 1 ~. .. .4,~ ,. ~,,~~,,,,pp +.ir: Le.~G tr ~ f ~^ 4,. ~ ~ if ivl y~