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Agenda 1999 12-06AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room- ~ . ,~ ~ ~ New Hanover County Historic Courthouse . , . ~ 24 N. Third 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 TH E BOARD December 6,1999 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 ' Y ITEMS OF BUSINESS . ~ ~ _ PAGE TIMES - NO. 45 p.m. 1. ~~ Election of Chairman and Vice-Chairman 4~ts-~-r -- ~ree~ Wanda M. Co le Coun ~Attorne Presidin P Y~ ~' Y g • 6:50 p.m.~ 2. Meeting of the Water and Sewer District ~° 6:55 p.m. 3. Election of Chairman and Vice-Chairman Water and Sewer District Wanda M. Copley, County Attorney Presiding 7:00 p.m. 4. Reconvene as Board of County Commissioners 7:05 p.m. 5. Presentation of State Awards to Special Needs Task Force and the 1 Rockin' Chair Players/Senior Awareness Task Force 7:15 p.m. 6. Presentation of Fair Housing Task Force -Update of Completion of 3 Action Plan for Impediments to Fair Housing Analysis 7:20 p.m. 7. Update on Drainage Activity in the County Including the Runnymeade 5 and the Dickson Contract per Comprehensive Drainage Regulations. 7:30 p.m. 8. Consideration of Changes to the Erosion Control and Sedimentation 7 ~~ - ~, Ordinance 7:40 p.m. 9. Consideration of Approval of New Hanover County Adrtunistration 39 Building Capital Project and associated BA #2000-14 ~a 8:00 p.m. 10. Denial of Exemption -Cape Fear Rugby Football Club - 41 R04815-017-039-000 and R04815-017-007-000 8:15 .m. 11. Denial of Exem tion - St. Marks Freewill Ba tist Church 1997 Dod e Van 43 ~'`' p p p g 8:20 p.m. 12. Consideration of Tap Fees -Sewer Ordinance Modification 45 8:25 p.m. 13. Consideration of Recommendation from Parks Foundation for Open 49 Space and Parks Bond Referendum ; 14. Public Hearings: 8:30 p.m. Item 1: Zoning Text Amendment (continued) Request by Planning staff 51 to clarify the clustering of residential units on lands classified "Conservation'on the Land Classification Map. (A-289, 3/98; revisited 4/99, 5/99, 6/99, 7/99) 8:50 p.m. Item 2: Rezoning (continued) - Request by John Wessell for Larry and 57 Maggie Ripa to rezone 5.25 acres located at the northwest intersection of Smith Creek Parkway and North, College Road from R-15 residential to O&I Office and Institution. (Z-679, 08/ 99 9:00 p.m. Item 3: Special Use Permit - Request by Herb and Joy Fox to permit a 65 single wide mobile home located at 2029 Teresa Drive, Wrightsboro Community. (5-448,12/ 99) 9:10 p.m. Item 4: Special Use Permit - Request by Shelton Tate, Sr. to permit a single wide mobile home located at 719 Middle Sound Loop Road, Community (S-449,12/99) 9:20 p.m. Item 5: Rezoning - Request by Cindee Wolf for William Alexander to modify a Conditional Use Office and Institutional District located at 7779 Alexander Road, northwest side of Market Street. (Z-635,11/99) 9:30 p.m. Item 6: Rezoning - Request by Peter Vinal for Eula Alford to rezone approximately 1.4 acres located in the 6300 block of Carolina Beach Road, east side from R15 Residential to CD(B-1) Conditional Use District B-1 Neighborhood Business (Z-684, 9/99) 9:40 p.m. Item 7: Rezoning - Request by 6943 Market Limited Partnership for Grove Park Properties to rezone a portion of property located in the 5500 block of Carolina Beach Road, west side, from R-15 Residential to B-2 Highway Business. (Z-689,11/99) 69 73 81 85 9:50 p.m. ; Item 8: Road Closing -Request by John LeGwin to close a portion of 89 r an unnamed road located near the southeastern terminus of Dunbar ~~ Road and adjacent to Dunbar Landing, Middle Sound Community, (SC-75,10/ 99) 10:05 p.m. 15. Appointment of County Commissioners to Various County and 91 Community Boards -10:10 p.m. 16. Committee Appointments ~ 93 10:20 p.m. 17 Meeting of the Water and Sewer District 131 ADDITIONAL ITEMS . County Commissioners County Attorney' ' County Manager 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. Election of Chairman and Vice-Chairman Water and Sewer District 2. Non-Agenda Items (limit three minutes) 131 3. Approval of Minutes 133 4. Approval of Capital Project Ordinance -Well Field and Water 135 Treatment Facility Engineering Contract #99-0395 - W.K. Dickson and associated BA #2000-12 5. Release from Contract; Contract #96-0452A, Carolina East Developers 137 Arrondale Subdivision ADJOURN ~~ a CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~ December 6,1999 ITEMS OF BUSINESS PAGE NO 1. Approval of minutes 145 2. Award of bid #00-023 and approval of contract #00-0023 for the 147 purchase of uniforrris for the Sheriff's Department with Century Uniform and Safety, Inc. 3.. Promissory. Note with Federal Point Volunteer Fire Department, Inc. 149 4. Adoption of resolution to request NCDOT add roads to the State 153 Highway system 5. Approval of Budget Amendments: 5.1 #2000-13 Federal Forfeited property Capital Project 157 . 5.2 #00-0070 Child Health allocation from the State 158 5:3 #00=0073 funds from 911 surcharge 159 5.4 #00-0074 to transfer funds from Contingency ~ 160 5.5 #00-0075 Museum/Grassroots Science Grant 165 6. , Approval of Annual Review and Approval of Public Official Bonds 167 7. Approval of Computer Support Specialist and associated BA #00-0072 173 ~, ~ _ . DANE. SUMMERS Director ~TE'W I-~Al~®VEl~ C®~JI®T'T~ DEPARTMENT OF EMERGENCY MANAGEMENT P.O. BOX 1525 20 NORTH FOURTH STREET WILMINGTON, NORTH CAROLINA 28402-1525 TELEPHONE (910) 341-4300 FAX (910) 341-4299 MEMORANDUM TO: Allen O'Neal, County Manager FROM: Dan E. Summe p~ DATE: November 24, 1999 2 RE: Special Needs Task Force Recognition of Volunteers -.Agenda Item December 6t" Commissioners Meeting Noted below is a brief summary of the Special Needs Task Force and its work during the recent hurricanes. I am respectfully requesting the Chairman of the County Commission to publicly recognize the efforts of the members of the Task Force and present them with a Certificate of Appreciation. The. Special Needs Task Force comprises approximately 70 members. I do not expect all 70 members to attend the Commissioners Meetirig.- A roster of the Task Force members who have indicated they will attend the meeting will be provided to the Chairman prior to the start of the meeting so their name may be read. If the attendance is large, the Chairman may ask that the group to stand. The Chairman at his discretion may ask the Task Force Members to come forward and receive their certificate of appreciation from the Commissioners. Following the presentation of the Certificate of Appreciation the Task Force members will excuse themselves for a brief reception to be held in the Sun Porch. Executive Summary: The Special Needs Task Force is a volunteer team of Emergency Management Volunteers, County Employees, representatives from Home Health Care Agencies, Hospitals, Nursing Homes, Rest Homes, Oxygen Suppliers, State Agencies, and many _ others. The Special Needs Task Force operates the Individual Care Coordina#ing Committee. The Individual Care Coordinating Committee or IC3 operates a specialized Health and Human Services Emergency Operations Center at New Hanover Regional Medical Center under the direction of the County EOC. The Special Needs Task Force in just over two years time has developed new ways to address the pre and post disaster needs of the frail and elderly. The Task Force was instrumental in new legislation in the k' passage of Senate Bill 34, which supports the concept of non-impacted private facilities working wlth~`E~rn'e~rge~ny Management to provide improved shelter conditions during times of drsaster~~T~fe~Task Force has received national recognition in its efforts and ~, recently ~w,'on{an~a~w~~r~d from the North Carolina Division on Aging for outstanding f communitay prAoxg~ammmg. 'tick ~.+~. i ,., Chairma~n~('s Tacking Points: !! Lit /f' ^~.1 .h ~• Will be forwarded~to~the Chairman and County Manager by Monday November 29, 999 ~. ~.. ..-. ~'P:~~ Thank you. ~: NEW FIANOVER COUNTY BOARD OF COMMISSIONERS.' ' REQUEST FOR BOARD ACTION ~~ • ., st . . ~ .. Meeting ;Date: 12/06/99 .. '' _ ~ .. . .. . .. R , ` , . . Regular Item #: 6:` Estimated Timer Page-Number: - ~' ,, . Department: County.Manager Presenter: I om . , ,' ",Contact:.:Patricia Melvin .. SUBJECT: - , _ _ .Presentation of Fair Housing Task Force ..: ... . ' ._ BRIEF SUMMARY: `~ ,~, .. ,. .. The Task Force will update you on completion of action plan for Impediments to Fair Housing Analysis. .. ' .RECOMMENDED MOTION AND REQUESTED ACTIONS: . . ~ ~ : ~ ' ...: ' ,. . , , _ ~~FUNDING SOURCE': ~ < ,, . ,, ATTACHMENTS: , ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS:. _' . ' ' .- ,, Hear presentation. - . + ' ~ " . COMMISSIONERS' ACTI NSICOMMENTS: F ~ _, . . ..- _ .: ~ ` ~ ,: . ,, . ` - ~OUh1N t~MMI~t01'+ ~.', :~ ,. . ~ . .. ~ ~: ~ APP D Gam- N~ ROVE ' ' . . - _ - .' ~ ``REJECTED 0 `~ ' , . . , - ` " REMOVED t7` . :,- ~ . _ R17 HEA .. _ ~ ~ , _- ~' ~ ~~ ~ ._ ,: x . .. ~ ~ _ :. ,, ~. . .. ~~'~ NEV6/ HANOVER COUNTY FAIR HOUS ~ ING TASK FORCE X The Clarification Team of the New Hanover County Fair Housin Ta affordable mortgage products which are avai g sk Force is conducting this surve to ' mortgage product offered by your institution) bylNovember 5,19199SeThiis pnformat on wrnlone survey for each hfy ~~' ~y and local government officials. be shared with t , \.b , .h ~ he publt ~ C 2~, 1` l ~ Lending Institution: Contact Person: Location(s): Telephone No.: AFFORDABLE MORTGAGE PRODUCTS SURVEY 1. Program/Product Offered: 2. Is program targeted to specific geographical. areas, i.e. inner-city, suburbs,. etc? ^ Yes ^ No 3. Maximum Loan Amount: $ 4. Fees: ^ Origination fees: % O Discount points: % ^ Other fees or premiums: 5. Maximum loan to value: 6. Ratios: 14. Are services available to persons who are not U.S. citizens? ^ Yes. ^ No 15. Anticipated loan processing time: 16. Treatment of bankruptcy: ^ Not considered ^ Not considered after 2 years discharge ^ Not considered after 4 years discharge ________ 17. Acceptance of consumer credit counseling. --______ ^ Accepted ^ Considered same as Chapter 13 O Other (explain): ~1 7. Interest rate: 18. Consideration ofnon-traditional credit sources i , .e. utility, cable television, telephone payments etc : 8. Downpayment options: , . ^ Allowed ^.Not Allowed 9. Maximum income eligibility 19. Recapture provisions which apply? ^ All household income considered ^ Only consider income of borrower Indicate income threshold: $ 20. Are there restrictions on secondary financing? ^ Yes ^ No 10. Credit history: ^ Clean for at least 6 months 21. Assumability requirements: ^ Clean for 12 months 11. ^ Other ~'~'-,-~yµh ,...r~r o~+r GPlv11'trequested `~'e ]ZY '`s 22. Is home ownership counseling required? ^ Yes ^ No . e ^ No ~~~~~~'~ 12. Cash reserves requi)red:~hv::~~ 23. Comments may be included on reverse side. ~~~~{ ~ ~~f~'. Return completed survey to: 13. 'Do services apply to~manufactured housing New Hanover County Manager's Office 4 , i,e. double-wide on permanent foundation or modula h e ~ "~ ~ O Y 320 Chestnut Street, Room 502 Wilmn o N : es ^ No n G28401 Due Date: November S, 1999 ~'^n.~' Far further information, please contact Patricia A. Melvin, Assistant County Manager at (910J34I-7184 NEW HANOVER COUNTY BOARD OF COMMISSIONERS {This page Intentionally left blank} ~~~:'; ~~~ ~ ~~ 6 ~~. ~ u ~~ ,~~:~ .. , - s . .. f ,: ~ ~~ ~ NEW HANCJVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ; o Meeting ;Date:. 12/06/99 - ~ Regular Item #: 8 Estimated Time: Page Number: ` ; . Department: Engineering ~ Presenter: Dave Weaver/Beth Easley .Contact:- Beth:Easley ~ .:. , ., - . SUBJECT: ,.. • - <. ` .Changes to the Erosion Control and Sedimentation Ordinance ,~ ~ - _ . BRIEF SUMMARY: , The 1999 session of the North Carolina General Assembly amended the Sedimentation Pollution Confi-ol ' ~~ Act. The changes to the law are outlined in the attached sheet. These changes necessitate ' .additions/deletions to the County's Erosion and Sedimentation Control Ordinance. Please note that the County administers the State's sedimentation and erosion control program in order both to provide timely : ' ~ service for the development community, and to ensure that the County's waterways are adequately ~ ` protected from sedimentation pollution. `The County, also, has established an appeal process for reduction of fines. The new .draft Ordinance is attached. The only changes in the-new Ordinance are ,.absolutely required as minimum changes by State law. Additional changes to the Ordinance suggested .- • ' ' ~by County staff will be brought to the Board at a later date. Additions are shown as bold type and the • deletions are marked through with a line. An additional attachment gives a brief explanation of the State-required changes.. ' ,. . _ r ~~ RECOMMENDED MOTION AND REQUESTED: ACTIONS: : , •° Staff recommends approval; these changes are required by the.S4ate for the County to administer the .. :program. '.. ,.. .., . ° . FUNDING SOURCE: : ` ~. ` 'ATTACHMENTS: - • ...REVIEWED BY: ~ ~ ~ - LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A ~. ~ ' , .. , . -COUNTY. MANAGER'S C MMENTS AND RECOMMENDATIONS: ~ ~ , `Recommend approva _ $. .~ COMMISSIONERS' AC IONS/COMMENTS: ' - ~ - , ~ . .. .' - - ~ _ . ~ ~. . . ~~ • ~OV~ ~ ~~ APPROVED Ldp:: ~ - . ,. ~ R EJECTED O ~ ~ .: ,~ ;. .. - . . ' REMOVEa ~:;. ~- ` ,.. _. .: . 6iEARD "® ., f ~~ , .. 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ENGINEERING ......................................... PARTMEI~T ......................................................................_...:...---...____....._.._._.._......__......._.... ._.:. ..Q~................. ..~. ~, ~:fi . ORDINANCE NO. ~ \~ AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the County of New Hanover. Section 7-1 Title This ordinance may be cited as the New Hanover County Soil Erosion and Sedimentation Control Ordinance. . Section 7-2 Purposes This ordinance is adopted far the purposes of: ~ ' (1) regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to Iakes, watercourses, and other public and private property by sedimentation; and, (2) establishing procedures through which these purposes can be fulfilled. Section 7-3 Definitions As used in this ordinance, unless the context clearly indicates otherwise, the following definitions apply: A. Accelerated Erosion -means any increase over the rate of natural erosion as a result of land-disturbing activity. B. Act -means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. C. Adequate Erosion Control Measures Structure, or Device -means one which controls the soil material v~rithin the land area under responsible control of the person conducting the land-disturbing activity. o 'I~. Affiliate -has the same meaning as in 17 Code of Federal Regulations &. -I- b i . 1 { 'it ., - _ ., _ . , - .,, , ~. _ , 2 0 = " " .1.2{b) 4 2 (1 Junk 1993 Edition), which defines affiliate as a person ' . . ~ that directly, or inclixectly through on`e..or more intermediaries, controls, is .controlled by, or is under common control of another person. ~_ E. ~" Being Conducted -means gland-disturbing activity has been initiated and.. - ' . permanent. stabilization of the site has not been completed..' ~ ` .: ~" ;. F: ... - ~~ r Borrow -means fill material which is required for on-site :construction and is "" . . -` , . '° obtained ~frorn other locations. ~ . G. '; .Buffer-Zone-means the strip of land adjacent to a lake or natural watercourse. H: ~~. Coastal Counties -'means the. following counties: B`eaixfort ~~ertie; Brunswick, ~ Camden,. Carteret, Chowan, Craven, Currituck, Dare, Gates; Hertford, Hyde,,., ~ _. . New Hanover, Orislow; .Pamlico, Pasquotank, Derider, Pe'rquimans, Tyrrell and' ~ ., : R . " , .Washington. ~ . ' :~ ::: : 1: ~ Commission" =means:. the .North Carolina- Sedimentation Control ~~Conmission. J. °_ ~ Completion of~Constnxction or Development -means--that no further land . fi.: a , disturbmb activity is required on a phase of a project e;~cept that which is - w, ° . - - necessary. for establishing a permanent ground cover. ~ ,'~ ._ 1C ~~ Department -means the North Carolina lDepartment~oE Environment, Health, grid Natural Resources. L. Director- means the Director. of the Division.of Land Resources of the ~ - Department:of Environment, Health and Natural Resources. ' - ~ . ,. , .. '` M. Dischar e Point -means that point at which runoff leaves a tract of land. ~ .~ . ~ ~ ~ •- N: ° District. -means the New Hanover. County Soil and Water Conservation ' `District created pursuant to Chapter-139, North Carolina General Statutes. . O. .: ~ .:, Ener Dissipator - means a structure or a shaped.,channelsection with ,, . , ' , ~mecharzical .armoring placed. at the outlet of pipes of conduits to receive` and ~ . ' Y ~` ~ ;° s. .break :down ;the energy from High velocity flow.-„ :, F -~ , P.. ~. Erosion -'means the wearing away of land surface by the action of wind, water; - °E gravrty, or any.combznatron thereof: . . .. - > ,. ~ ~ . - . G . - , ., .' - . Q. Ground Cover ':- means any natural. vegetative growth or. other material-which renders the soil surface stable against accelerated erosion. - . R. High Quality Waters -means those classified as such in 15A NCAC 2B.0101(e)(5),- General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B-14(c). S. High Quality Water (HQW) Zones -means areas in the Coastal Counties that are within 575 feet of High Quality Waters and for the remainder of the state areas that are within one mile and drain to HQW's. T. Lake or Natural Watercourse -means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. U. Land-Disturbing Activity -means any use of the land by any person in residential, industrial, educational, .institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that. may cause or contribute to sedimentation. V. Local Government -means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and. cities, acting through a joint program pursuant to the provisions of the Act. W. Natural Erosion -means the wearing away of the earth's surface by water, wind, or other natural agents under. natural environment conditions undisturbed by man. X. Parent -has the same meaning as in 17 Code of Federal Regulations &. 240:12(b)-2 {1 June 1993 Edition), which defines "parent" as an affiliate that directly, or indirectly through one or more intermediaries, controls anothex person. Y. Person -means any individual, partnership,, firm; association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. '~ 2 Z. Person Responsible for the Violation - as used in.this Ordinance, and G.S. 113A-65 means. -3- . b ., ' ` _ ~ d r . r . ~ ( ) : the developer or. other person who has or holds himself out as ha~nng ~ _ ~ f`inancial or operational control over the land-disturbing activity; or (2) the landowner or.person. in possession or control of the land when he . ~. ± ~ has directly. or indirectly allowed the land-disturbed activity or has . ' ' benefitted from t~or he has. failed to comply. with any provision of this -~ ' ~~ - ~ `. " Ordinance, the Act; or any order adopted pursuant to ,this Ordinance or . ~ ~ ~ " the Act as imposes a duty upon him.. ~ ' AA.' .,Person Conducting Land-Disturbing Activity -means, any person who rnay~ be held ,responsible for a violation unless expressly provided otherwise by this . ' " Ordinance, the Act. or any order adopted. pursuant to this Ordinance or the . Act. ~ .. BB: Phase of Grading -means one or two types of grading, rough or fine. " ~ 'CC.: .Plan - .means an erosion. and sedimentation control plan:. :' ~s -: +;~ DD. Sediment -means solid particulate matter, both mineral and organic, thathas ,: .been, or.is being transported by water, air., gravity, or ice.from its site of origin.: " EE: Sedimentation =means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land- `~ ~ disturbing activity'or into a lake or. natural watercourse.... - - :. FF. .. ; g ,_ Siltation -means. sediment resultin from accelerated erosion which is ..able to - settle or removable by properly designed, constructed, and maintained control, - measures; and which has been transported from, its, point or origin within the -site of a land-disturbing~activity; and which has been deposited, or is in ~ ~: ..:•, suspension in tivater. GG. ~ Storm Drainae;e Facilities-. means the system of inlets, conduits, channels, ` ditches and appurtenances which serve to collect and convey storm water ~ _- .- ' :;- through and from a-given drainage .area, ~ ° . ~HH: ~ ~ Storm Water. Runoff. -means the direct runoff of water resulting from .. ,_ precipitation in-any form: _ . ' lI. Subsidiary.- has the same meaning as in 17 Code of Federal Regulations, _ ~ 240.12{b)-2~ (~ June 1993 Edition), which defines "subsidiary" as an ~ ,: 13~ . ~ ~ ~ Z -4 ,~ ~ . ,. ' _ ~~ ~. . ,. . , affiliate that is directl or indirectl throu h one or more intermediaries . y, y g , controlled by another person. ' J7. Ten-Year Storm -means the surface runoff resulting from a rainfall of an intensity e.~cpected to be equaled or exceeded, on the average, once in ten years, and of 'a duration which will produce the ma<~cimum peak rate of runoff, from the watershed "of interest under average antecedent wetness conditions. 1Q~. Tract -means all contiguous land and bodies of water being disturbed or to be disturbed ~as a unit, regardless of ownership: ~ ' LL. Ttiventy-five Year Storm -means the surface runoff resulting from a rainfall of an intensity e.~cpected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions. MM. Uncovered -means the removal of ground cover from, on, or above the soil surface. NN. Undertaken -means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. 00. Velocity -means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flotiv below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. PP. Waste -means surplus materials resulting from on-site construction and disposed of at other locations. QQ. Working Days -means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. Section 7-~ Scope and Exclusions 1 ~ This ordinance shall apply to land-disturbing activities undertaken by any person, with the following exclusions: -5- a _ -- _ a .. r .., - ~ a A. " ., ,.. .. .. ~ ~ a. - - - ~ those undertaken orr agricultural land for the production of plants .and animals useful, to maxi, including but not limited to: forage and sod crops,. grain -and ~ . feed, crops;.tobacco, cotton and peanuts; dairy animals and• dairy products; ' - ~ ~ poultry and poultry products; livestock, including beef cattle, sheep, swine, ..: - horses, ponies, mules or goats, including the breeding and grazing. of any or all , , ;:~: ' `` such animals;-bees and apary'products; fur producing animals; and -' .. ; - - B. -those undertaken on forest land for- the production and harvesting of timber ,.., and timber products and which are conducted in accordance with Forest . Practice ,Guidelines Related to Water Quality (best management practices) as - -- ~ - adopted by the Department. If land-disturbing, activity. undertakers orr forest ' land for the production and harvesting of timber and'timber products is 'not conducted in accordance ~~ith Forest Practice .Guidelines Related to Water Quality; the provisions of this ordinance. shall apply to such activity and, any -related land-disturbing activity on the .tract; and • - - ' ~: ~ C. activity.-undertaken by. persons as defined in G.S. 113 A-52(8) who are ' ~° ` ". ' ~ othertivise regulated by the provisions of The Mining Act. of 1971, G:S: 74-46 . • . - - through_G.S: 74-68; and ~ t • ~ v D. o xclusive re4ula - i turbin activi land. d s g ty o er-which the State has e ,, ry ., ~ ~ `jurisdiction as provided in G.S:113A-56(a).; - ~ ~ . ' `. E. ..for the duration of an.emergency, activities essential to protect human life. Sect ,, .. ion 7-S .Generale Requirements. _ : , .. A. Plan, Required - No person shall°initiate any land-disturbing activity which uncovers more than one acre without having an erosion control plan approved - ~ ~ by the -County.. No land disturbing activity may be initiated .until .the - - begin. . :County is notified of the date that the land disturbing activity will v . B. Protection of Property -Persons conducting land disturbing activity shall, take •: - , ~ all` reasonable measures to protect all public and private property from damage ' caused,.by such activity: - „. . ... C: _ . .. .. More Restrictive Rules Shall Apply -Whenever conflicts exist between federal,. _ . . _ - , ~ state, or local laws, ordinances, or rules, the'more restrictive provision shall - _ . .. ~, - aPPly~ . -6- D. Building Permits - Nrc~ building permit, unless excluded by Section 17 of this ~- Ordinance, shall be issued without an erosion control sign-off pursuant to G.S. 153A-357 and 160A-4I7 as amended. E. Inspections -Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric and/or plumbing) if any land disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of this ordinance. F. Building Fg finals -~ Building finals and/or Certificate of Occupancies may not be issued if any land disturbing activity; including Single family residences, is found not to be in compliance with any part of this ordinance, Section 7-6 Basic Control Objectives An erosion and sedimentation control plan may be disapproved pursuant to Section 7-18 of this ordinance if the plan fails to address-the following control objectives. A. Identify Critical Areas - On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion ancl,'or ~ ~../ sedimentation are to be identified and receive special attention. B. Limit Time of Exposure -All land-disturbing activity into be planned and conducted to limit exposure to the shortest feasible time. C. Limited Exposed Area -All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. D. Control Surface Water -Surface water runoff originating upgrade of exposed areas should be controlled to reduce. erosion and sediment loss during the • period of exposure. E. Control Sedimentation-All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. F. Manage Storm Water Runoff -When the increase in the velocity of storm water runoff resulting from aland-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse; plans. are to. include measures 6 to control the velocity to the point of discharge so as to minimize accelerated -7- a ~~ ~ erosion of the recei " water elude. measures to .control _ vi.ng course, plans are to zn the velocity to the point of .discharge so as to minimize accelerated erosion of ' e~". , a the site. and increased sedimentation:.of.the stream. `~ - G. ~ . When deemed necessary by the Gouinty, a preconstruction conference, may be required. ' . ,. ' Section 7-7, Mandatory Standards for Land-Disturbing Activity ~ ~ '' ; .. ; No land=disturbing activity. subject to the control of this ordinance shall be undertaken e:~cept in accordance with t'he following mandatory standards: -. ' - ~ A.-~, Buffer Zone `~ ` ~ - ~~ 1. -.` Rio land-disturbing activity during period of construction ~o"r , _ . ~ ~ improvement to land shall be permitted in proximity to a lake or natural ~~ watercourse unless a buffer zone is provided along the margin of. the ' ~,.` watercourse of sufficient width. to confine visible siltation. within the ~ , . ~ ;twenty=five percent (25%)' of the buffer zone "nearer the land-disturben°g " activity. Waters that have been classified as trout waters by the . ~ . Environmental Management Commission shall have an undisturbed ., ` ~ ' ' buffer-zone 25.feet wide or of sufficient width to~ confine visible siltation ~~ , ~~rithin the twenty-five percent (25%) of the buffer zone nearest the . g y ~ ,,however,.-that ~ .. ,~ ~ land-disturbin activit whichever is eater.. Provided ' New Hanover County may approve plans which include land-disturbing activity along trout waters when the duration of said,.disturbance would be temporary and the extent of said disturbance would be minimal. . ~ ~ This subdivision shall not apply to gland-disturbing activity in .. - . connection with.the constriction of facilities fo be located on,Fover, or under a lake or natural watercourse. ~ ~ ~ . .r .. .2'. Unless- otherwise .provided,. the width of a buffer zone is measured' from ahe :edge of, the water to the nearest edge of the disturbed area;. with 25 percent of the strip nearer the land-disturbing activity containing. :natural or artificial means of confining visible siltation. . ~ _ ... ,, , , -; ~; 3. `The. 25 foot minimum width for an undisturbed buffer zone .adjacent to # :.. .~ "" ~~ °. designated trout waters shall be measured horizontally. from the top of . ~: .. the bank: • ~. . 1~~ . _ ~ ._ 4. .Where a'temporary and minimal disturbance is permitted as an exception by Section 7 (a) (1) of this ordinance, land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a ma.~dmum of 10% of the total length of the buffer zone within the tract to be'distributed such that there is not.more than 100 linear feet ' of disturbance in each 1,000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of the Director. 5. No land-disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will. cause adverse temperature fluctuations, as set forth iri 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards", in these waters. B. Graded Slopes and Fills ~- The angle for graded slopes and fills shall be no greater than the angle, from zero to nineteen degrees, which can be retained by vegetative cover or other adequate erosion control devices or structures. Only when approved by-the County may slopes be steeper than two foot of run to~ one foot of`rise. In any event, slopes left exposed will, within 15 38 working days or 30 calendar days, whichever is shorter, of completion of any phase of gxading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. C. Ground Cover -Whenever land-disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during constriction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 7- 8(b)(5)of this ordinance, provisions for a ground cover sufficient to restrain. erosion must be accomplished within 30 working days or 120 calendar days following completion of construction or development whichever period is shorter. ~ ' D. Prior Plan Approval - No person shall initiate any land-disturbing activity on a tract if more than one acre is to be uncovered unless, thirty or more days poor QQ to initiating the activity, an erosion and sedimentation control plan for such 1 .U activity must be both is filed with and approved by the County. The County -9- a .. _ . .: .. , ,. .. _, ... . ~~ shall .forward to they Director. of the Diviaiori of Water Quality a copy of ~ ; .each erosion and sedimentation control .plan for a land disturbing .~ .' _.~ ! _ . activity that involves the utilization of ditches. for the purpose`of ~ . :...o ~ dewatering or lowering the ~cvater table of the tract. ~ ~ ~ . o _, , E. i b °. - ' °`- .~ ~ Section 7-8 :Design and Performance Standards _ ,, . ,.. , A. ~ Except as provided in Section 7-8{B)(2) of this ordinance-erosion and. " ~~. sedimentation control measures, structures, and devices shall be so planned, .. ~. designed, and constructed as to provide protection from the calculated ` ' ~ .rnaxirnum peak of runoff from the ten-year storm. Runoff rates shall be . ' ; ` calculated using the. procedures i USDA, Soil Conservation Service's ~ . a: ,. ' "National Engineering Field Manual for Conservation Practices", or other a .acceptable calculation procedures.' ~ ' ,. ,. -. . ,. , .. -, ~ B . In High Quality Water {HQW) zones, the following design standards. shall.' ;.~ = apply. ; ?, . ~, - .. ., .. ' 1. Uncovered areas in H W zones shall be limited at any time to a' Q . ~ __ ` - - maximum-total area within the boundaries of the tract of'20 acres:` - ,. . . Only the portion of the land-disturbing activity within a HQW zone ' ~ . ~~ `shall be governed by this section. Larger areas.may~be uncovered within . ~~ the boundaries of the tract with the, written approval of the Director. . .' ~ .~ 2. Erosion and sedimentation control measures, structures, and devices ~ ~ . . ° ~ ~ within ~HQW zones shall be so planned, designed and constructed to' ~, _ ' `provide protection from the run off of the 25 year"storm which produces ' . "'~ _ ~the-~maximum peak rate of run off as calculated according to procedures' ~: ~ ~ n~ the United States Department of Agriculture Soil Conservation ~_ _ Service's ``National. Engineering Field Manual for Conservation d .,: , . ' Practices" or accordin to rocedures ado ted b an other a en of " .~. g P P Y Y g cY this state or the United States or any- generally recognized organization ~ ' - ' ~ or association. . . ., ., - _ . ~. . ~ ~. . ~ 10 - .. . . _ ... _ b .. ~ ../ 3. _ Sediment bas-zns within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for the 40 micron (0.04mm) size soil .particle transported into the basin by the runoff of that ttivo-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Services "National ,Engineering Field'Manual for Conservation Packages" or according to procedures adopted by any other agericy~of this state or the United States or-any generally recognized organization or association. 4. Newly constructed open channels in HQW zones shall be designed and constntcted with side slopes no steeper than three horizontal to one . vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.' 5. Ground cover sufficient to restrain erosion must be provided for any portion of aland-disturbing activity in a HQW zone within i5 working days or 60 calendar days follo~wi.ng completion of construction' or development, whichever period is shorter. Section 7-9 Storm Water Outlet Protection A. Persons shall conduct land-disturbing activity so that the post construction velocity of the ten-year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of 1. the velocity established by the table in Paragraph (d)' of this Section; or 2. the velocity of the ten-year storm runoff in t'he receiving watercourse prior to development. If conditions (1) or (2) of this paragraph cannot be met, then the receiving 'watercourse to and including the discharge point shall be designed and constructed to withstand the e.~cpected velocity anywhere the velocity exceeds the "prior to development" velocity by 10%. 20 -11- 3 o s one or. in~combmation. - B. Acce table Mana ersaenf Measures - Measures a died al rr -~ ` " `to sa"tsfy the intent of this section are acceptable if there ,are no objectionable ~ - - - secondary consequences. The Commission recognizes that the management of .. ~. ~ stormwater runoff to minimize or control downstream channel and bank ..:. . - erosio ~~ n is a developing technology. Innovative techniques-and ideas. will be = , s * considered .and may be used when shown to have the potential to produce ~ ~ , ' - ;.. ° . ,. successful results`. Some alternatives are to: ~ ~:~ -. .., .; , ' :;y .(J;') ° avoid. increases in surface runoff volume and. velocity by including -.: measures to promote infiltration to compensate for increased runoff - ~ ~: ~ 'from areas rendered impervious. , ~ ~ ` 1` (2)``... avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. . ' ,(3) " provide energy disspators at outlets~of storm drainage facilities to ~ " - , ° ' ` ~ reduce flow velocities to the point .of discharge. These may range from ~ , , ~ `. - _ . ~ simple rip-rapped sections to complex structures. " . ~ ~ . ~ - ' {'~--) : protect .watercourses subject~to accelerated erosion by improving' cross ,~ . " . ~. ~ ~: sections and/or providing erosion resistant lining. `` C. ~ . Exce~itions =This rile shall not apply where it can be demonstrated that .. . .: _ - stormwater discharge velocities will not create an erosion problem in the ~' .`. ~~ ` ` ' . receiving watercourse... ~ . . - i D. The following is a table for ma.~cimizm permissible velocity for storm water ~~ .. `. ,. - discharges:.. N, _ ' • ~ ~; ; _ Maxirimum Permissible Velocities ~ ~ . ' J ' .. IVlateriafi .. ~ . Q.P.S. M:P.S~. - .. ~. .. L. : , , -~ .." _ :Fine sand (roncolloidal) 2:5 ;g _ ~ ~ . . •, .. . . .. ~ Sandyloam (noncolloidal) .. 2.5 ~ n•8 . Siltloam. (noncoiloidal) 3.0 - ,Y~ :9 ~ - ' ~ Ordinary firm loam , 3 5 '. I.1 - .. ,;. Fine gravel , . -5:0 - " 1:5 . _.. Stiff clay (very colloidal) ' ' S.0 l.5 . Graded loam to cobbles (noncolloidal) 5:0 1:5 . ~ ~.~ ~ 21 ~~ Graded, silt to cobbles colloidal 5.5 ~ ' ( ) _12_ ~ ' ,- .. .. . ,. . - .. ', 'a. ' - Maximum Permissible Velocities Material. ~~ ~ F.P.S. M.P.S. Alluvial silts (noncolloidal) ~ 3.5 ~ l . l Alluvial silts (colloidal) 5.0 1 •~ Coarse gravel (noncolloidal) 6.0 I.8 Cobbles and shingles 5.5 _ : 1.7 Shales and hard pans 6.0 1.8 Source -Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineer, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels,.and by 0.8.for highly sinuous channels. Section 7-10 Borrow and Waste Areas When the person conducting the .land-disturbing activity is also the person conducting the borrow or waste disposal activity,. areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and ~~vaste areas for surplus materials other than landfills regulated by the Department's Division of Solid Waste Management. shall. bz considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity. Section 7-11 Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing. activity shall be considered a part of such activity. . Section 7-12 Operations in Lakes, Natural Watercourses Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The . relocation of a stream, where relocation is an essential part of the proposed activity; . 22 -13- a + ,` ~ ~_ - ~ stream flow , . shall be planned and executed so as to minimize changes m the characteristics, except. when justification for significant alteratian to flow ` characteristics is provided. ~ , _. , . . .. ,. Section 7-13 Responsibility for Maintenance ~ ~~ Durng~the development of a site, the person conducting. the land-disturbing - activity shall install and maintain all temporary and permanent erosion. and : _ _" ~ sedimentation`"control measures as .required by the "approved :plan or any provision of this Ordinance, e~ the Act,. or any order adopted pursuant to this Ordinance or ~t~e Act. After site development, the land owner or person in possession or control ' , ~ '°of the land shall install and/or maintain all necessary permanent erosion and ~~ -~ sediment control measures, except hose measures installed within a road or street .. right-of-way or easement accepted for maintenance by a governmental. agency.. Section.?-13.1 Restoration, of Areas Affected by Failure.to Comply ~ _, ' New Hanover County'may require a person who engaged in gland-disturbing _ ' activity"and failed. to retain, sediment generated by the activity, as required by ~ . G.S: l I3A-5 ~ (3), to restore the waters~,and land affected by the failure so as to . ~. minimize the detrimental effects of the resulting pollution by sedimentation. .. This authority is in addition to any other civil or crirninal"penalty or injunctive :~ relief authorized under this Ordinance: _ ~ - - ~. 'Section 7- l 4 -Additional Measures ., ' ~ Whenever the County determines that significant sedimentation is occumng _ as.a result of land-disturbing activity, despite application and maintenance of - :~ protective,practces, the: person conducting the .land=disturbing activity will be: .. required to. and shall cake additional protective action. ' Section. 7'15 Areas Not Otherwise Covered .= ' ~ 'Notwithstanding previous provisions when it is determined that severe off site :erosion and/or sedimentation occur as a result of any land-disturbing activity, , 'regardless of the size of the site, remedial action shall be' taken within a reasonable time, period after notification. Notification of violation shall be submitted in"writing . by the "County Engineering Department and receipted~ by the owner or agent :. . ~ - ,~- ~_ 23=. . - ~ ~ ~ . . . ` 14 .. ; .. ~ .. ~. ; responsible for the damage: Section 7-16 Existing Uncovered Areas A. .All uncovered areas existing on the effective date of this ordinance which ~zesulted from land-disturbing activity, exceed one acre, are subject to continued accelerated erosion, and are causing off site' damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation. B. The County will serve upon the landowner or other person in possession or control of the land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time-within which. such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic Feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. ~ . C. The County reserves the right~to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. D. This rule shall not require ground cover on cleared land forming the future basin of a planned- reservoir. Section 7-17 Permits A. No person shall undertake any land-disturbing activity subject to this ordinance without first obtaining a permittne~z-e from the County, except that no permit shall be required for any land-disturbing activity: (1) for the purpose of fighting fires; or (2) for the stock piling of raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control 24 measures have been utilized to protect against off-site damage; or -15- e ' ~ :~ .. ' ~ ..,, - 3 .. ,.that does .no~'exceed 43 56 In def ~ - " ,,O ~ 0 square feet m surface axes ermirung . . , .the -area, lands under. one or diverse ownership being developed as a unit _ 1 will- be aggregated." ' ., . * e `" " ~ ,, (NOTE: THIS EXCLUSION FROM PERivIITS SHOULD ALLOW .. ~" ... - , _ " LAND-DISTURBING ACTIVITIES FOR CONSTRUCTION OF A ~ . . ~." ~ SINGLE.FAMILY RESIDENCE ON,A SINGLE LOT, BUT MAY NOT "~"" r . ` EXCEED ONE ACRE.- ~ ` '` " ..B. 'The County has established the following rate schedule for the permit fee: ` .. ~ ~ Acres Fee . ~ - Acres..: , : Fee . .- . : - -1.00 - 1.49 $25.00 5.50 - b.49 ... $150.00 .' .. , _ ' 1.50 - 2.49 $50.00 , 6.50 :7.49 - .S 175..00;. . , 2.50"- 3.49 ~ $75.00 ~ 7.50 - 8.49 $200.00 - .~_.. , 3.50 - 4:49 .$.100.00 8.50 ~- 9.49. .; $2-25.00. ! .. ''' x.50. -'.5.49 • $125•.00. 9.50 - 10.00 , $250..00 . .. .. Over ten { 10) acres additional $50 per acre. ' ~. ,. ~ . ` C.- ~ ~ TheCounty may establish a fee schedule for the review and approval of ~ - ` erosion control. plans. In establishing.. a fee schedule, the County shall ' °; ": ' consider the administrative and personnel cost incurred by the -.Department for reviewing the plans and for related compliance activities. D. , Perinits.will e,Ypire one year from the date of issue ifno construction '" activity begins-ori site... If activity ceases on a permitted-site for,a,period of 12-. .. ,. ., months, the permit. will e:cpire. `Section'?=18~ Erosion "and Sedimentation Control Plans ~ °° , ;N . , . . g ~ .~ `A. An. erosion control plan shall be prepared for all land-disturbin activities . . subject to this ordinance whenever the proposed activity is`to be.undertaken . :. , ' on a tract comprising more than..one acre, if more than one acre is to be ° . "uncovered. : . ,._. . - .. `The plan shall be filed with the County Engineering Department;=the.N,ew. " Hanover Soil.and Water Conservation District, and for areas outside `~ . ` ~ = ~ municipal corporate, limits, the County Planning Department, at least 30 days 2 prior to the commencement of the proposed activity., ~ ` ~~. ~. - ;- . . - .. , ; , B. Persons conductin hand-dist which covers one . g . urbmg activity on a tract or more acres shall file three copies of the erosion control plan with the County at least 30 days prior to beginning such activity and shall keep another copy of the approved plan and a posted copy.of the permit at the job entrance on .the ~~ fi' ~} `'-~~ job site before construction begins. After approving the plan, if the County either upon review of such plan or on inspection of the job site, determines that a significant iisk of accelerated erosion or offsite sedimentation e.~ists, the County will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. C. Erosion control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed` by the person financially responsible for the land- disturbing activity or his attorney in fact. The statement shall include .the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. 7F the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving Notice of Compliance or Non-Compliance with the plan, the Act, this ordinance, or rules or orders adopted or issued pursuant to this. ordinance. '~-~` D. The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any plan, or within such additional time as may be prescribed by the County Engineering Department, shall review such plan and submit its comments and recommendations to the County Engineering Department. Failure'of'the Soil and Water Conservation District and the County Planning Department "to submit its comments and recommendations within 20 days or within-the prescribed additional time will not delay final action on the plan. E. The County will review each complete plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. The County shall condition approval of an erosion control plan upon the applicants compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an erosion control plan if implementation of 'the plan would result in' a violation of rules adopted by the Environmental l~ilanagem.ent 26 ~Comxrussion to protect riparian buffers along surface waters. .Failure to - 17 - "t.~ a approve, approve with modifications,. or disapprove a complete erosion and' , sedimentation control plan within ,30 days of receipt shall be deemed approval. " ~ - Disapproval.,,of ~ an erosion controlplan or' a revised,erosion - control-plan must specifically state in writing the reasons for ~ ~ , ... . disapproval.. The ,County must approve ~, approve with . modifications; or disapprove a revised plan within 1S, days of receipt, or it is . deemed to be approved. lf, following commencement of gland-disturbing . . " ~ activity pursuant to an approved plan,, the County." determines that the plan.is °{ inadequate to meet the requirements of this ordinance, the County may - .. require any s revisions that is e necessary to comply with this " . ordinance. Failure"to approve, approve with modifications; or disapprove °~" ~ '`" a revised erosion control plan within 15 days of receipt will be deemed . _ ,,~ a approval of the plan. The County may establish an.,e:cpiration date. for ~.: -' erosion contzol plans approved under this article. ' - - :' F: Any plan submitted for gland-disturbing activity for which an environmental `~_ document is required by the North Carolina Environmental Policy Act (G.S. ` I`13A-1; et seq.) shall be deemed incomplete until a complete"environrriental .document is available for review.. The County shall promptly notify the person submitting the plan .that the 30-day time limit for review of the plan pursuant " ' ~ "to. Section 17-18{e) of.this ordinance shall not begin until,a complete ~ a - _ ~ - environmental document is available for review. ~ ' ~ `' ° ,. `° ~ G. 'The plan required by this section shall contain architectural and engineering . :. _ . ~ ,drawings, maps, assumptions, calculations,- and narrative. statements as needed `'- ' -'. ` to.adequately describe the proposed development of the tract and .the ~ . measures planned~to comply with the'requirements of this ordinance. Plan ~~ content may vary to meet the needs of specific site requirements..Detailed guidelines for-plan preparation "mav be obtained from the County, on request. . H. - .'An erosion control -plan may be disapproved. upon a finding that-an applicant; or a parent, subsidiary; or other affiliate of the applicant: went-~ '; .. ~ , is conduct - ~ 1,. irig or has conducted land-,disturbing activity tivithozt an ° ~ ~ approved plan, or has received notice of violation of a plan previously ~. ~ approved by the Commission or a local government pursuant to the Act ~ . ` - ~ - and-has not complied with the notice within the. time; specified in .the ~, . ~", . ~ notice,• - .. _ 2~7 ., ~ _ _ . .. - , . T8 " ~ ., . 2. ~. has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act ~ael~-~-~'" " -' `"` "'`'' ~'~ nag; by the time the payment is due; 3. has been convicted of a misdemeanor pursuant to G.S. I I3A-64(b) or any criminal provision of a focal ordinance adopted pursuant to the Act ( 7-21(B)) or; 4. has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. For pumoses of this subsection (H) an applicant's record may be considered for only ttivo years prior to the application date. I. Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County; the land-disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. J. Any person engaged in land-disturbing activity who fails to file a plan in accordance with the ordinance or who conducts gland-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of the ordinance. ' Section 7-I9 Appeals A. Except as provided in Section I9(b} of this ordinance the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control plan by the County shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. 2. Hearings held pursuant to this section shall be conducted by the New Hanover County Engineer within ten days after the date of the appeal 2 8 or request for a hearing. V -19- - s y b - 3: ,, The New.HaAOVer Count . En 'neer shall make recommendations to the ° , . y ~ ` ~ Board of -New Hanover County Commissioners; `within tern days after `_the date of the hearing on any erosion control plan. ;'~ ; .- ' ~' 4,: , The Board of New Hanover County Commissioners will render 'its. final ' . ,. . , ,,, - '. ~ decision on any erasion control plan upon which a hearing is, requested - ' ~_ within 30 days of conducting the hearings. " y a ~ ~ ~ ., .. • S. ` ' If the County; upholds the disapproyal`or modification of aproposed,. - - soil erosion'and sedimentation control plan. following the hearing, the. person submitting`the plan shall then be entitled to appeal theNzw . Hanover''County decision to the North Carolina Sedimentauon~ Control ~: ' ~ ' ~ . Commission as provided in Section 113A-61(c) of the General Statutes , ' -,Y = ~ and, Title 15. NCAC 4B.00.18{b) .. - ~ ,. - , ~. ~B. ~. In the event that an erosion control plan is:disapproved,pursuant to Section 7- : ~ ' sl8{h) of this ordinance; the_County shall notify .the. Director of the Division of . ' Land Resources of such disapproval within ten :days. The: County shall advise '-• " . . ,;. ~ .- .-: - the applicant and the Director in writing as to the specific reasons that- the '~ a ~ .plan :was; disapproved. The applicant may appeal the.County: disapproval of ` ~: the plan pursuant to Section 7-18{h)• of this -ordinance directly to the ° ~ ° _ Commission. : ~ ... ,. . ° .:, "Section 7-20.Inspections and Tnvesti ations "° ° ' .. '' A Agents and ,officials or other - - , , . qualified persons authorized by the County;,. will , ' `., ,:periodically inspect the sites of .land-disturbing activity to ~ ~~~ ensure - • . ,, - ~' . ~ ` ~ ~ `compliance with the.-Act, this ordinance, or rules or orders adopted or issued - ~ " ,,.° ` .., . . ` pursuant to this, ordinance, and to determine whether the activity is being . ~ conducted in accordance with an approved plan and whether the measures - - ~ ~ ~. ~ '.~' ~ -' required in the plan are effective in controlling erosion and" sediment resulting ... .. from°larid-disturbing activity. Notice of the right to inspect shall be included ~ . ' ~~ m the.notfication of plan approval.. ' . °. . . B. ~• . ~` If, through inspection, it is determined that a person engaged' in land- ' : 'disturbing, activity has failed to comply with the Act, this ordinance, or nzles or • - orders adopted or issued pursuant to this ordinance, or has failed to comply - " '~ ~ .yvith an approved plan; a notice of violation, shall be served upon that person • ... "~ , . by registered or certified mail;or other'means reasonably calculated to give °' -° ` actual notice: The notice shall set forth the measures necessary. to achieve 29 ~° =._ ,. °~- 6complance with the plan; specify a reasgnabTe time period, within which such "_ - 20 - ., _ " - - - b - - ~ ;~ measures must be completed, and warn that failure to correct the violation within the time period will result in additional civil and criminal penalties 1 «~y for a continuing violation. - ~ '~' ' ~ `~ ~' ~ ~ rt~: ~~: However, no time period for compliance need be given for .failure to submit an erosion control ,plan for approval or for obstructing, hampering or interfering with an authorized re"presentative while in the process of carrying out his official duties. If the person engaged in land-disturbing .activity fails to comply within the time specified, enforcement action shall be initiated. C. The County; shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, pubic or private, for the purpose of investigating and inspecting the sites of any land-disturbing ac*~ivity. No person shall refuse entry or access to any authorized representative or agent of the County, who requests entry for purposes of inspection, and who presents appropriate credentials,.nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official `duties. r uire written statements, or the D. The County shall also have the power to eq filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity. Section 7-21 Penalties A. Civil Penalties (1) Any person who violates any of the provisions of this ordinance, or rules or orders adopted or issued pursuant to this ordinance, or order adopted or issued~pursuant to this article by the Commission, or who initiates or continues aland-disturbing activity for' which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty a~rrmirr~~r .. . ' :.t_:~ ~-~'~~~~~~~-' The maximum civil penalty for a violation is five thousand dollars ($5000.00).. A civil penalty may be assessed fxom the date of violation. Each day of a continuing"violation shall 30 constitute a separate violation. t ~ . The person alleged to be in violation }mss will be beers notified of the -21- - _ ~ : .. ; . ~ . 'violation by registered or certified mail, return receipt requested, or ' .~ ~ other means reasonably calculated to give actual notice.. Thee notice . ~ . ~ shall describe the violation with reasonable particularity; specify.: a` , reasonable time period within which the violation must be corrected, ` .,. and warn that failure to correct the violation within the time period will . ~ ~ sresult in the assessment of a civil penalty or other enforcement action: • ~ - ' ~ •If; after the allotted time period has e.~pired; the violator has not ~ ' ,; 'completed corrective action, a civil penalty, may be assessed from the • date e-€~.~e of..the notice of violation.:However, no time period for compliance need be given for failure to submit°'an erosion control plan _ _ for approval or for obstructing, hampering or interfering with ari ~ _ ` . - ~ ;authorized representative while in the process of~carrying out his official . ` ~ duties. Each day of continuing violation shall constitute.a separate ' ' °: ...violation. ~ ,... . ., - ' . .. ° (~2). .The County Manager or his. designee , , , shall determine the amount`of the civil penalty to be assessed under this . _ ,* subsection . .and shall notify the person _ , ` -~ ~ who is assessed the civil penalty of the amount, of the penalay and ` the re`ason_for assessiz3g the penalty: In determining the amount of - ~ the penalty,the County Manager" or his designee shall ° y consider the degree and extent of harm caused by the violation and the ' . - cost of rectifying the dam`age., the amount of`money the violator ~ . saved by..rion-compliance, whether the violation was committed . .willfully, and the prior record of the violator.in complying or. - ., failing to comply with.. this ordinance and sha3.1 direct the violator ' to either pay the `assessment or contest the assessment within 30 - ~ days after the receipt of ,the notice of assessment,. by written ~.. ..: ~~ ~ demand for a hearing before he Board'of County Commissioners. x .Notice. of the assessment shall be by reb stered or certified mail 'or other ' . , ' ' means reasonably calculated to give actual notice. ~€-~~~~e~~-net .. L .£H~?43~m~.nt io .7 +1., x 1.. 11 1-. ~ C .-1 4 +~. L_' +:`. Y 1 .~ 1J „«L~l.., rr«r~r~- Lrc~zzLt:zQairL~ . . :- 1 ;_ _ k~rr-r~rrn4lt C' 1, .1 1-. C1 a '+~• +l-, ';; .'/7\ ~ + ~ .. .: a `'~ ` r'~-,' V ULl l 1..1 VV li QC~ YV I ll Cll l Ll Cl \. 1.. `J/ VZ QZ 3-CTC ' iicu u~, w.1J1Vll YY0.J JLL VtCZ-QSC -CZ LC V1ytGt l.v 31 . - . ,. .. . _r y ~ -22- .. : . . _ a .. (3) ~ Any appeals from the determination of the Board of County Commissioners must be filed with the Superior Court'of New Hanover County within thirty (30) days following the Board's issuance of~ its final determination. 7f payment is not received or equitable settlement reached within 30 days after 'demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action iri the name of the County in the appropriate division of the Creneral Courts of Justice for recovery of the Penalty. A civil action must be filed within three (3) years 'of the date the assessment was due. An assessment that is not contested is.due when the violator is served with a Notice of Assessment. An assessment that~'is contested is due at the conclusion of the `administrative sand judicial review of the assessment. . ~ 1 ~J (4) Civil penalties collected pursuant to this ordinance shall be peel-a-r . .credited to the general fund of the County as nontaY revenue. ' B. ~ Criminal Penalties ' Any person whoknowingly or willfully violates any provision of this ordinance, or rule or order adopted or issued °pursuant to this ordinance, or who knowingly or willfully initiates'or continues gland-disturbing activity For which an erosion control `plan is required except in accordance with terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may'iriclude a fine not to exceed X5,000. ~p~tr~~i-s#~e r Section 7-22 Injunctive Relief 32 A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this ordinance or any rule or order - 23 - ~. a .. .. .. r ,. ' ~~ adopted or issued pursuant to this ordinance, or any term, condition; or provision of an approved erosion control plan; it may; either before or after`:the -- :..' . ' ` institution of any other action or proceeding authorized by this ordinance, - ~ institute a civil action in the name of the County, for injunctive relief to '. .: .. " '.resfrain .the .violation or threatened violation. The action shall be brought iit ` the Superior Court of New Hanover County: ~ ' ' - B,.f ~ Upon. determination by a court that an alleged violation is occurring or is ' f threatened, it shall enter such orders or judgments as are necessary to~ abate ` ' . y the violation tb ensure:'that restoration is performed, or to prevent the ' threatened; violation. The institution of ari action for injunctive relief under , this section shall not relieve any party to such proceedings from any civil or-. . ~ criminal penalty prescribed for violations of this ordinance. ~ " `' Section 7-23 -. Severability, ~ - ~;. ._ If aiy section or sections of this ordinance- is/are held to be invalid or . _~ urienforceable~, all' other sections shall nevertheless continue in full force and effect. -~ -Section 7-24 Revisions ;,. - ... .. ' ~.: ' The County shall incorporate revisions required by the Commission following -~ :.,.. ., receipt Hof., the required revisions. ' sre-rts-: ~ , .. ~ ) 1 ~ ,. . .. ,' ~ - - a 11 .. , . ;Section 25~ Effective Date - ~ ~ . _ . . 1~ . ~ - Adopted 'this ~: day of . .. . .,. .. . ~ NEW.HA~~IOVER COUNTY . .. .. y. . B . ,, Title: - _ , . . ° . Attest:: ` ' - . ; . - Clerk .. , . ` ~ ~ ' County Attorney ., ., 24 - , .. . - ~ - - . ' ~-T7",4t~ ~ c~v~ 3 Soil anc~ Sedime Revision ~-'" . ntatlon Ordinance Section 7-3D State addition -definition of Affiliate. ' Section, 7-3X State addition -definition of Parent. . Section 7-3II State addition -definition of Subsidiary. Section 7-4A State word. addition -Producing, to the Agricultural exclusion for fur producing animals. Section.?-4E State addition - to include emergencies to protect human life as a permit exclusion. Section 7-5A State addition - to require notification of the date that the land disturbing activity begins to ensure erosion control measures are :installed in a timely manner. It also states that no land disturbing activity may be initiated until the County is notified. This will help the County keep track of active projects and- may prevent projects from starting prior to permits being issued. Section 7-.6G State addition - to allow the County to require preconstruction conferences to ensure that the contractor understands the erosion control plan and sequence of construction that the Engineer has developed. . Section 7-7B This section includes a State addition to include other adequate control devices or structures to stabilize a slope other than just vegetative cover. This section also includes a State cYiange reducing the amount of time graded slopes and fills must be stabilized from 30 working days to 15 working days or 30 calendar days, whichever is shorter. This is an attempt to minimize the amount of time slopes and fill areas are exposed to erosive conditions because these are areas which are prone to excessive erosion. Section 7-7D State word addition that requires a plan must be both filed and approved by the County. This section includes another State addition that requires the County to forward to the Director of the Division 3 ^ of Water Quality a copy of each erosion and sedimentation ~} control plan for a land disturbing activity that involves the -1- }.. -- - ~. - ~ . ., . ~. uf~.liaation of ditches for the purposes of dewatering or lowering . - the water table of the tract. -This -State addition is an attempt to ,- promote better communicationbetween Land Quality offices and State ` - .Water Quality offices. It stems from the problems created by wetlands ditching and will help State Water Quality in .enforcing their wetland ~ . impact ordinance which they started enforcing'1Vlarch l,.-1999. - , Section' 7-7E, ~ ~ . .. ~ , State deletion per the Attorney Generals office. This section of the , - , ' - ordinance. allotived for.land disturbing activity to take place prior to the . . ... issuance of a permit which is a contradiction' of the States ordinance: . ~ This was added in the past by my predecessor who did not issue a ' .Land Disturbing Permit until-.the erosion control measures were . . installed on site. This is no longer feasible because of"the tremendous ' . ~ -° increase :in construction .projects, thefact that many construction loans ~ - ~ require the issuance of a.permit`prior to the release of construction ' ' ~ ` ~ money and it is against the law to start work without a permit: ' - a Section 7-9B (3) - - ~~. _, :'. State word addition -flow. , .. -Section 7=12 -. .. ~ - ~ State addition - to allow for justification foie"significant alteration to ~~ - flow to -the relocation of a stream. This allows- for stream changes to: be considered other than those previously required to minimize . ' ,. _ - - . , ,., . changes. in`stream flow characteristics if sufficient justification is . submitted. ... ~. 4` Section 7-13.1 - , .State addition --to allow the County to requixe a person who ~- ~. " . engaged in a land disturbing activity and failed to retain sediment - ' ' ~ to. restore the damaged areas. This addition will aid in cleanup of damaged areas and may keep some eases out of the court. . .-Section 7-17C . State addition - to allow the County to establish a.fee schedule for °. ~ 'the review and approval of erosion control plans. This is- an - ~. ~a~ttempt to. supplement the acreage fee with an additional fee to `cover - the cost of administrative arid~ personnel cosh incurred by the - -. ' ~ ~ -Department for reviewing plans. At this time,.~neither the County. or . ~ ; the State has established.a fee for plan reviews. The State is discussing.. - ~ ,. ~ . ~ ~ - ~ ' ' creating a fee in the future. At that time, staff` may request that the ' - - - 'Commissioners consider an additional fee. . ~- - . - ' - - 35 . . - . .. 2 . ,. - - Section 7-18B State addition to have a posted copy of the permit and approved , plan onsite before construction begins.. This will help identify a job . ~ and the requirements of the permit for each site. It will be part of the .. educational process for contractors; other agencies and the public. Section.?-18E State addition.to condition approval of an erosion control plan upon the applicants compliance with Federal and State Water Quality laws, regulations and axles and the Environmental Management Goznmissions rules to protect riparian buffers along surface waters.. This should aid and educate developers of the need to receive approvals or permits that may be required by other agencies. These permits will specifically state that.the land disturbing permit approval is conditional upon the applicants compliance with other agencies rules and regulations and it is the developers responsibility to get all the- permits gr approvals required by other agencies as a condition of the Land Disturbing Permit. This section also includes several State word changes for the time limits the County has to review plans and allows a State addition for approval with .modifications to a plan. `Approval of a plan with modifications allows the reviewer to add modifications to a plan in order to permit a project without returning it to the designer for minor modifications and may -speed up the issuance of a permit. This section also contains a State addition to allow the County to establish an e:~piration date for erosion control plans. This will . allow.the County to remove projects from active status after a sufficient time has passed without construction taking place on a project. It will save time and money malting routine inspection `visits and writing reports. My predecessor allowed one year for construction to .begin prior to expiration of a permit, this will continue. Permits tivill be re-activated in. the future as long as the plans meet the requirements of the ordinance when they~are reactivated. Section 7-18H State wording change Section 7-18H(2) State wording change Section 7-20B State wording change 36 -3- J .. -~ Section 7=21A 1 ~ State addition to add orders ado ted or issued pursuant to this " ~' article 1;_y the Corinmxssxon, to the Civil Penalties section of the ~. ordinance: This addition allows future changes made by the N:C. ` . " " ~. Sedimentation Control Commission to be included as a violation -' ~ ~ ~ ~ ,under the Civil Penalties Section of the Ordinance. , ~ ~ .. * ~ ~ ~ This section also includes a change in the amount of the maximum ; civil penalty from $500.00 to $5,000.00. lt~allows this fine to be ~ - . . - .. ~ ` assessed from the date of the violation. This change is an attempt ' ' to remake the cost of a violation financially more.restrctive. And.it allotivs .the fine to begin from the date- the, violation is observed instead - .. .' ~ ~ of:~after a Notice of Violation deadline. ' ~ ~ Section 7-21A(2) State change which defines how civil penalties will be decided, who" ' ` ° will make these determinations, how people are to be notified and ` that assessments can be contested within 30 days by a written- _ ` demand for a hearing before the Board of Commissioners. The . " previous ordinance stated the governing body shall determine. the ' _ amount of civil penalty and shall make written demand for payment and that.if payment is .not received within 30 days, the matter shall be, - ` -.referred to the County Attorney for institution of a.civl action in the . ,: ~ . ~ General Courts of Justice within 3 years. It appears this change Y - ` - xemoved the burden of an immediate civil action tivithin the Court ..~ '. ~ . _ - ~ :. - System and gives the Commissioners more responsibility prior to the .: ~` ~ ~ matter being taken into. the Courts. ~ " Section- 7-2-1A(3) State change to allotiv appeals of the Board of "County ' Commissioners in Superior Court within 30 days of the Boards ~ - . final determination and a referral by the Board of Commissioners to . the County. Attorney for institution of a civil ,action in the General ' _ Courts of Justice if payment is not made within 30 days of its ~ , . - demand. A civil action must be filed within three (3) years of the.- . date the assessment was due. lF an assessment that is not contested; it is due when. the violatox=is sez-ved Notice of ' Assessment. Section, ~7-21A(4) State word change which. credits collected civil penalties. to the' general fund of the. County as noin-ta~c revenue. `These funds were - , ~' previously disbursed as directed by:G.S.i 13A-:64(a). i . . .. ,~ . 37 . . Section 7-21B State change of Criminal Penalties defined as. a Class 2 misdemeanor (`" wHich may include a fine not to exceed $5.,000. The previous \J ordinance stated the offense was punishable by imprisonment not to exceed 90 days, or by a fine not to exceed $5;000 or both. Section 7-22B State addition to include restoration is performed through injunctive relief. Section 7-2~ State addition that allows the County to .incorporate revisions required by the Commission immediately. upon receipt of the required revisions. This will allow a1I local erosion control programs to make immediate changes to their ordinances,so the State and local programs will be using the same rules as soon as they are received. ., , ,a 3 ~8 ~ ~' . -5- b ~ / NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Regular Item #: 9 Estimated Time: Page Number: Department: County Manager Presenter: Sharpe AIA Contact: Andy Atkinson, Greg Thompson SUBJECT: New Hanover County Administration Building Capital Project BRIEF SUMMARY: ' Sharpe AIA have completed their review of the various options available for siting the new Administration Building. As part of the review, they also analyzed the present Administration Building as to future use. Sharpe AIA will make a presentation of their recommendations. Total costs for initial site plan at the corner Hof 4th and Chestnut was $8,060,000. This amount was approved by the Board last December. Due to site constraints at the 4th and Chestnut site, the need for more parking spaces in the parking deck, and .the present administration building not being cost effective to renovate the cost of the overall project has . increased to approximately $14,600,000. Sharpe AIA report will be presented as a separate handout. Sharpe AIA will make a presentation of their recommendations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation by Sharpe AIA. Recommend the following steps be taken: o Approve budget amendment # 2000-14 to the Capital Project. • Select corner of 3rd and Grace (Library Parking Lot) as the site for the new administration .building. o Authorize Sharpe AIA to begin design work for the administration building and accompanying parking deck. The parking deck will be sized to bring us into compliance with the City parking regulations as a result of the expansion of the Judicial Building. s Discuss the future of the present County Administration Building of 321 Chestnut Street. . o Authorize the County Administration Annex and the Human Relations buildings to be razed after completion of move to new facility. . FUNDING SOURCE: Certificates of Participation. ATTACHMENTS: B.A: #2000-14. REVIEWED BY: ,.LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ ~_-K~r~'`"`"""' ~~v1 Hear presentation. Recommend approval of budget amendment #2000-14 and appro~u °~to'~p~ro~ eed,~l~t©1 =9 ac~7';'~;tGVED COMMISSIONERS' ACTIONSICOMMENTS: ~ ~{~~ "~~F~RE, cCTED D ~,~, . .REMOVED O POST~PQNED D , . HEARD E~ . DATE ~ -~21~ `~-~ ~~.~ Ida clrr~~s,~-r. uu~~--rr~-i'~ ~£ Y~~vir~1 ct// 1; fa.Q ~rdJ~o ~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT10N Meeting Date: 12/06/99 Budget Amendment . DEPARTMENT: Administration Building Capital Project BUDGET AMENDMENT #: 2000-14 ADJUSTMENT DEBIT CREDIT Administration Building Capital Project: Installment Loan Proceeds $6,540,000 Capital Project Expense ~ $6,540,000 EXPLANATION: To budget a cost increase of the County Administration Building from $8,060,000 to $14,600,000--funding source is Certificates of Participation. ADDITIONAL INFORMATION: The increased cost of the project will impact future year budget by increasing Debt Service. APPROVAL STATUS: To be approved by Board Of Commissioners ~v~y co~~io ~ APPROVED OO r-~~~.r.,.,,,,,,. i^nn ,~~ c,~~,~a~.~.~~~1rGT~~ L~ (p~R~E'~~jV,~D ^ ~~pp~T~~ANED ^ ~ ~~~~R~ 12`~_Iaq ~~ ' ra NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06!99 Regular Item #: 10 Estimated Time: Page Number: Department: TAX. Presenter: Robert Glasgow/Mark Ingham, Cape Fear Rugby Club Contact: Robert Glasgow SUBJECT: Denial of Exemption -Cape Fear Rugby Football Club - R04815-017-039-000 and R04815-017-007-000 BRIEF SUMMARY: Cape Fear Rugby Football Club requested an exemption for two properties - R04815-017-039-000 containing approximately 5.75 acres with an appraised value of $103,500 and R04815-017-007-000 containing approximately 3.91 acres with an appraised value of $70,380. The request for exemption was denied by the Tax Department because the property does not appear to qualify under the North Carolina General Statutes. G.S. 105-275 Property classified and excluded from the tax base a. "Nonprofit corporation formed under Chapter 55A of the General Statutes or a bona fide charitable organization and either operated by such owning organization or leased to another such nonprofit corporation or charitable organization, and b. appropriated exclusively for public parks and drives. G.S. 105-278.6(b) Real and personal ,property used forcharitable purposes. A charitable purpose within the meaning of this section is one that has humane and philanthropic objectives; it is an activity that benefits humanity or a significant rather than limited segment of the community without expectatioh of pecuniary profit or reward. RECOMMENDED MOTION AND REQUESTED ACTIONS: It appears that the current and past use of the property was and is to a limited segment of the community rather than a significant segment of the community and the denial of the exemption affirmed. Should the Cape Fear Rugby Football Club enter into a contract or agreement with the City of Wilmington to conform to G.S: 105-275(b), which would allow the property to be appropriated exclusively for public parks and drives, an exemption would be appropriate. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with Tax Assessor and recommend the denial of the exempti ~~ COMMISSIONERS' ACTIONS/COMMENTS: " ~ouN1v ~~IMls~t®c+~ APPROVED O ,~ , a~ REJECTED O REMOVED ~ ~ ~ P;,,, POSTPONED ^ - HEARD DATE ,_/-2/.(2/`~~~'c/ 41 b {This page intentionallyleft blank} ® ~~~ ~~ ~~~~ G7 C~~V~~~~~ ~e ~;JS~~ ~ .'t'<i ~, 42 .. , -. ~y. ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS .. REQUEST FOR. BOARD ACTION .. ~ " ~ . Meeting Dater 12/06/99 i . ~~ Regular Item #: 19 Estimated Time: .Page Number: ~ . .-. ,. , ~- Department: TAX _Presenter: Robert Glasgow/Rev. James Randolph . - ~ Contact: Robert Glasgow . ,. t . _ ,. SUBJECT: ,, Denial of Exemption -.St. Mark's Freewill Bapfist Church - 1997 Dodge Van . - ,BRIEF SUMMARY: . Pastor James E. Randolph applied for an exemption fora 1997 Dodge van used by St. Marks .Freewill Baptist Church. The.exemption request was denied by the Tax Department because the van is registered .. in .both Pastor Randolph's name and the church's name. General Statute 105-278.5(a)(1) refers to real . - ~ and personal property which must be "owned by a religious educational.. assembly., retreat, or similar. " organization". In March 1999, The Institute of Government published"Property Tax Bulletin" -The: exemption of Property used for Religious Purposes." Under ownership and use requirements instates ..` ' ' "real and personal property must be "wholly" owned by one of the religious organizations listed. above to ~. ` . ,. qualify-for.exemption." Since the 1997 Dodge van is non"wholly" owned by the church it would. not qualify:.:: ~. . , RECOMMENDED MOTION AND REQUESTED ACTIONS: - ~. Denial of "the exemption be affirmed. If at some later date the ownership is changed to, reflect only the ~~ -. church; a request for exemption could be approved, . FUNDING SOURCE: -ATTACHMENTS: ITEM.DOE$ NOTREQU/RE REVIEW ... COUNTY, MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with Tax Assessor and recommend denial of the exemptio . - t - .. y , " COMMISSIONERS' ACTIONS/COMMENTS: ~ ~ - " °- ' , . r . Postponed , . ... ~OU(VTif C01~1~~6 " APPROVED . ;~ - .. ~ REJECTED - ,,, ., o - REMOVED [7 Y _. ~, POSTPONED O. - HEARiJ t - DATE (~ I~~O-'y,4_ ~. -_ .. .. , ,. ..` 3: . ~. {This page intentionallyleft blank} ~i~~r~ ~t ~~,~~, r ,. i 44 b NEW HANOVER COUNTY BOARD OF COMMISSIONERS • ~ REQUEST FOR BOARD ACTION - . Meetin Date: 12/06/99 g . Regular Item #: 12 Estimated Time: Page .Number: - - Department:. Engineeririg .Presenter: Wyatt E. Blanchard ~ ` . .. , Contact: Wyatt E. Blanchard .... SUBJECT: ~ ' ,, . Consideration of Amendment of Sewer Ordinance' ~~ - "~ for Tap Fee. Changes ~ ; . .:....BRIEF SUMMARY: ~.. The District, based on the attached existing Ordinance, presently charges two levels of tap fees: " •. 1) .When the District constructs collection lines into an area of existing development, each existing ~ - .residence must be connected within six months and pay a tap fee equal to the average costof atap for the collection system. The typical average:cost for a tap that is constructed as part of a collectionsystem -~ ~ may be aroand $80 fora 4" tap. 2)- if a new user wants to'tap in to the Districts collection system and a tap was not constructed as ~ - - part of the collection system, then a tap fee of $1800 fora 4" tap (or $2,200-fora 6" tap)' must be paid ' .~, ` - because it costs significantly more for the District to place a new tap on, an existing line rather than construct the tap when the collection line is built. - ~ , • . It-:has been requested by a developer that the Ordinance specify that if a residence or user does . ~- riot connect within six months under Section 1 above, thata tap fee equal to 150% of the average tap fee ~be charged: For example,. if the typical average 4" tap fee is $800, then the fee rises. to $100 if not paid ' _ , _° within six months. This 150% tap fee will generally be less than the tap fee specified under section 2 above. _ . ~ •` :. ,.. The proposed'ameridment would realistically reflect construction costs and serve as' an incentive for timely. . ; payment of tap fees.: ~ ~ - ,•., • RECOMMENDED MOTION. AND REQUESTED ACTIONS: •_ . The Board should adopt the proposed, addition as listed in Attachment Two.. ` . j ~ i recommend that the Ordinance revision is approved to allow reduced tap fee and also:establish the tap ., fees for_Phase Land Phase 11 as follows: 4" Tap - $725.00; and 6" Tap - $900.00., FUNDING°SOURCE: , . ~ .. - NA .. . ATTACHMENTS: , - ~. `', 'Copy of the Ordinance ' ,~ - A .. ' REVIEWED BY: COUN~1( CONIMI~I~ .LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMP,N RESO~RCaES~/A ~-~ , > _y _ ' ~ _4 - ,.REJECTED ® .,4 COUNTY MANAGER'S-'~ IYIENTS AND RECOMMENDATIONS: REMOVED Recommerid approval. ~' ~ POSTPONED :. ,. . HEARD . . ... GATE , l 2.~ (a:/ 44 lGyn; COMMISSIONERS' ACTIONS/COMMENTS: NOV-24-99 WED 16 27 P. 02 ~ T•r,tc yfi ti n~i ~ : .~lus7-iNG ©~ 0~ ~%~~/~' WA'I~'R 8l7PPLY SXS'T'~M ~ 15-12~t _ iii rr'r::~:~`~~et ~M~~ 4~6 . C~ ~ ~ ~~~~ ~~,t ~~ (b) ~~etered rate option fvr all other prvperC_y, All residential property owners not electing the flat rate option, all commercial and industrial properties, and all other properties shall be charred based an metered rates. Metered rates shall be either "residential" or "nonresidential" rates. If the o•;vner initially chooses a metered rate, the owner may chan,g~ to the flat rate option only after six (6) bimonthly billings on the rnetexed rate. The owner is allowed to change one anal only oxze tinge Exam the initial application. Tice owner must -pay arz administration/ inspection fee of twenty-five dollars ($26.00). Zf a xn.eter does not function properly due to tb,e owner's water quality'(i.e. sand) and the: meter iias been replaced twice, the. district-shall xezzzove. tlae meter and charge the flat rata. (Ord. of 6-15-87, § 9; Ord. of 10-17-b8; Ord. -of 1-3-R9; Ord. of &-24-89; Ord. of 4-2-90; Ord. of 8-19-91; Ord. of 6-20-94} Sec, l.5-1H3. Extra-stremgth vffasta wateac surcharges. (a) Standard-strength waste water shall be defined qs that waste water having a maximum BOD, COD and suspended solids ~,/ con.centx•ation as follows: ' BOD .............................. ......... 250 mg/1 COD.. -- -~ - .. ................. ~ 750rag/1 Suspended solids (SS) .... . ..... . ... . . ~ .. • • .200 mg/1 (b) Industrial wa=te water surcharges shall be assessed to arty industrial users dischazging waste water, including constituents, at a concentration exceeding any of the limits established in this article. Surcharge rate shall be as set forth in section 15-124 below. ~ • (Ord. of 6-1587., § 9) -. , Sec, 16-124. SpecilCie fees. (a) Sewer Seruzce Connection Fees (Tap Fees)_ t1) Whenever the district constructs sewer collection lines into a .new service area, all development is xequixad to Sapp. tio, ?s 1050.31 ~. Nuv-~4-a~= w~.u ' l e ~ ~ r. , ..: , o : ~. .. 1'. U3 .. .. , '• . - ~. `~ ~ § 15-124 IYEw ~~ANOVER COUI4'I'Y CODE ._ - connect to the sewer r~~ithin si.~c (6) months of the initial , ' ~ ~ availability~o£ the sewer system. l7uring said si.x-z~aonth' ,, .. ~°~ ' . period the tap fees shall be as .follows: ~ ~ , .., . ,. Residential and nonresidenticzt: ~` ,, ~_ , . ~ - Four-inch ~asid six-inch taps shall be iristaIled by t}a`e ' ~ district based oz~, tap cost for the designated area. - ~ Specific tap costs shall be established by the com- _ ~ ' ~ - nni slon:ers using the district`s contract pz-ice. ~~.. '.~ , , .~ Eight-inch and larger. Installation :cost shall. be .. ` . ~ ` : - ~ ~ ~ estirxtated by the district and paid at time of appli- . ~~ ~ .. ~ cfltion. Taps for eight-inch and larger only include ~ " ' tkze actual connection to tkae collection system. ' 7~ i3~ p~p}:~~ (2 development sh~sll pay+ tap fees im accordance with the ' ~ .^ .- ~. ~~ ~,r~~~~. following rates, except developmentwhich complies wSah - ' ~ either paragraph (I) in this section, or section 15 .' ' Fiesidenti¢i and n:onresidentiad Fees: Four-inc12 - , .... . ............. . .: $1;800:00 - , Six-izzch ..~ :. . . . . .......... ... ' . 2,200.00 ~~ . ~ ~' Eight-inch and larger. Installation coets~ shall be :.:'; ~ J _ estimated by tk~e district and paid at time of appli- ., - - .... , cation. Taps for eight-inch and larger. only include ' ,, -, . • the actual connection to tlae collection, system.. _ , .~"' ., , (b) .8~xsic User Charges .(User ,Fees): Usez fees consist of the , ' sum of fired fee plus. gallonage rata as follows: ' (J-) f2esidentzczl birrionthly (sinble-family): •, , . . ' - ~ _ ` . a, Metered rate option: ~'he metered rate option is - - applicable to 6/e" and s/s"'.water meter sizes. ~ ~ ~ . ,. , ~; `- ,.. ~ I - - •. Sewer Ntrniniunt ~, `' :. AZZvt~ an ~ Aimonthdy ~ Rate pvr fga ons Sewer ' Fried F'ee 1,000 gallons himorr6hbyJ Charge , . , V _ . ., ~` . 0 OU ~. 516.50 $2 7 5 0 X30 00 ,.. , •' , . ; • b. Flat rate option: $imonthly flat rate of :52:00 with a ~ ~ =` . .. '.• ~.. ma..aimum' of four. (4) bedrooms; $d.00 for p~ch addi=. ' ,,., ,: , ti6Ra1 bAdY00111. ~ ~ . _ - ~ ~ Supp.. N'a, z$ 1050.32 . v ;. I .. ., ,., . _ ,) _. , .i .: , -- e -.. !YV Y ~-L4-~~ ww t v~ c i r, U4 > , ~ CHP15-12Aa20rdman - •~._ _ .. ._. .. -,_,,..-,_ ~~'i ~C~f M E'~V J` 't"W4~: ga0~l"tON 'j"D 7~f'~' ~ROi~~}~v~,c-"" AN OR.DXi~IANCE ~` NEW ~'IANOtiER COUN~'Y GUARD OF COMNXX55.[UNERS 'The Board of Comtxtissioners of New Hazxover County, North Carolina, does hereby ordain that Ckaapter 15: Article II, Section 15-12=1. ,5~ecitic Fees, ofthe New Hanover County . Code be an•tended by addintr to subsection (a)(1) Sewer Service Connection Fees (Tap Fees) a new paragraph to be placed following the last existing paragraph of said subsection: Residcnticrl and Nora; Re,~~'icie~uiul Fees e,~fective six (G) months follo1s~ing tl~e iFattial availcrGzili(~~ af~sewer;y.stem: Fouz- Inch (4").- One Hundred Fi lty percent (15U%) of the speei~e tap cost established b~~.the New Hanover County Commissioners using the District's contract price as set forth in Subsection a (1) above, riot to exceed Urte 'T'housand .Eight Hundred ($1,8UU.U(l) Dollars. Six Irtcla (6") -•One Hundred 1~ifty percent (150°io) ofthe specific tap cost established by the New i-Ianover County Commissioners using the District's contract price as set forth in Subsection a (1) above, not to exceed Two Thousand Two I~Iuztdz•ed (S2,2UU.UU) Dollars. Fighk inch (8") and larger: Installation costs shall be estimated by the District and \ paid at time of application. Tap costs for eight inch (8") and larger only include tlae actual c:onz~ection to the c~ilcctioz~ systerra. Except as expressly amended above; C hapter 1 S shall rerriain unaltered, itt full force and effect.. '1~l~is the _ day of __ .1999. [SEAL] NEVI' EIANOVFI2 COC.,~NTY A.TTE5T: William /1. Caster, Chairrrtan Board of Commissioners Clerk to the Board - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION - Meeting Date: 12/06/99 Regular Item #: 13 Estimated Time: Page Number: Department: County Manager Presenter: Jack Bragg :Contact: Allen O'Neal and Neal Lewis SUBJECT: Consideration of Recommendation from Parks Foundation for. Open Space and Parks Bond Referendum . BRIEF SUMMARY: .The Parks Foundation met on November 23rd and developed the recommended parameters for the May 2, 2000 referendum. Please see the attached. Time is of the essence. The schedule for preparing the legal and financial documents for a May 2nd Bond Referendum is very tight. Your direction is critical. . 510~--~ ~~ 2 000 ~ •, 2" -2~00o ac-~-es -I-~ be se-F- a.-oide tx~ c(e~-r 2aaZ . RECOMMENDED MOTION AND REQUESTED ACTIONS: . Adopt recommendation and direct staff to proceed FUNDING SOURCE: ATTACHMENTS: ' ITEM:DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMEN TIONS: Adopt recommendation and. direct staff to proceed. . COMMISSIONERS' ACTIONS/COMMENTS: I '~U~ '~MI. ~®- .~ ~~- APPROVED [~bn~"" ^?yy': REJECTED ® F'~ `,`t;' ~'~,.: REMOVED ® ~ :~~-~ POSTPONED ^ ~~ HEARf~ DATE ~ .-~ 2 _,(°-~~ . ~mau.ti~ : ~~ rn; ll i ~ ~ -~~ P~d~~ ,C~-ir~4 g i ' i NEW HANOVER COUNTY PARKS FOUNDATION BOARD OF DIRECTORS OPEN SPACE AND PARKS BOND REFERENDUM *RECOMMENDATION* November 23, 1999 The New Hanover County Parks Foundation recommends that the formula listed below be adopted and incorporated into the ,language of the proposed Bond Referendum for Greenspace and Recreational Space, scheduled for May 2, 2000. 1. Bond Referendum Amount: ~ 45,000,000 2. Bond Distribution Formula: 50% A. Greenspace Purchase -Land to be purchased for conservation, preservation, reparian buffers and other natural purposes. This island which will not be developed in any fashion. 50% B. Recreational Space: 25% 1.Open Space Purchase -Land to be purchased for the purpose of developing passive recreational facilities, such as trails, picnic areas, beach and estuarine access. 15% 2. Active Park Space Purchase -Land to be purchased for the purpose of developing active recreational facilities, such as athletic fields, tennis courts and others. a "~ ,~; ~.,~~~^,} ~ -~n10% 3. Recreational Facility Development -These funds would be used ~-;, ~!~i~;q^f~d~ for the development of recreational facilities. ~"~ ~~flG~~A,~~:; ~. .. 1 ' ~ - ' '. _ ~ ~ . ~ . N'EW HANOVER COUNTY., BOARD OF COMM1SSiONERS ~ : ' . ,. REQUEST FOR BOARD ACTION ° ~ ~ _ .. ...~ . ~;,. ~ Meeting Date: 12/46/99 ; . ,, ° ~ . Regular Item #: 14.1 Estimated Time: Page Number: i.r~ '_ t ' Department: Planning Presenter: Dexter Hayes . ,... `` ' Contact:. Ba ,. , ird Stewart ' ' ~ ,. ~ " _ .; SUBJECT: ~ ' Public Hearing Item 1: Zoning Text Amendment (A-289,3/9.8. revisited 4199, , ° . ~ ' ~ . 5/99,6!99, 7/99) .. BRIEF SUMMARY: .. Request by Staff to clarify the clustering of residential units on lands classifie d "Conservation'+' on the ' ~• _ Land. Classificatipn Map (A-289; 3/99, revisited 4/99,5/99,. 6/99;' 7/99) ~ `~ r RECOMMENDED MOTION AND REQUESTED~ACTIONS: - ., ' ~ Planning Board recommends approval with modifications.. . . ,. ,. 'FUNDING SOURCE: ' .:.: ~ .: - , , ,~ ~. ,none ~ _ .. ' _. ATTACHMENTS: , , 3 ° ~ ITEM-DOES NOT REQUIRE REVIEW ., ' ,` z . ~. • ' CbUNTY MA'NAGER'S COMMENTS AND RECOMMENDATIONS: `. . ' ~ COMMISSIONERS' ACTIONS/COMMENTS: ~ ~ '" p > - ~ ", - - .. ., - ,~ , .. . ,• _ APPROVED Qs ~ , ,, r. REJECTED ® - ._ ° - , REMOVED ® ° . ., . ~ -_ `POSTPONED ^ . . ~ HEARD p ' ~ .. .. ~. ~. ITEM 1 A-289 3/98; Revisited 3/99. and 6/99; Request by Staff to clarify the Allocation of Density on Land Classified "Conservation" For Performance Subdivisions. Planning Staff Summary: Early 1998, the~Technical Review Committee (TRC) asked staff to review existing development standards relative to allocation of density on land classified "Conservation" and specifically how the Land Use Plan addressed the modification of these lands by filling. This directive came on the heels of~several residential projects along River Road where the developer modified the topography to raise the land of the Conservation boundary to accommodate higher density development. The argument was simply--the boundary was changed so therefore it no longer existed. Staff initially voiced concern,, but the TRC felt hamstrung, noting the vagueness of thz standards probably permitted the alteration of the boundary. The TRC rejected a subsequent project (Grand Bay), taking staff's lead that the alteration of the "Conservation" boundary by filling was not consistent with the Land ,Use Plan or the Performance Residential requirements. The developer appealed and theproject was approved by the County Commissioners on March 8, 1999. Arising out of that decision was a directive b}~ the Commissioners to the Staff to craft language to clarify how density can be allocated in the Consen~ation classification and to what extent the natural area and topography can be modified. Previous discussion about the same questions resulted in the Plarlinin~ Board holding a public hearing in March 1998. In short, public comment suggested the conservation line was too vague, arbitrary and unreliable, especially the 100 year flood line. There was also some sentiment thatyfilling flood plains posed no real threats to the public and therefore filling was of no real consequence. Staff's initial proposal in 1998 did not preclude filling within the flood plain, but it did specify that any filling or topographic modification to raise the land above the conservation line would not change the current land classification. That meant the density would be limited to 2.~ traits per acre and clustering above that maximum tivas prohibited. Staff continues to believe the intent of the Land Use Pian on this point «•ould prohibit routine filling of conservation areas for the purpose of establishing higher clusters of dwellings. The Land Use Plan states "conservation areas should be preserved in their natural state. Woodland, grasslands, and recreation areas `not requiring any filling' are the most appropriate uses." (Emphasis added). The Plan permits exceptions, such as exceptional development proposals. These are generally defined as project$ that ,promote,harmony~witll the site's natural features. The Plan goes on to say that residential density in no case"slioti'ld~ exceed~2:5~u~nits per acre and may be required to be as low as 1.0 unit per acre depending on environmezital constrarn~ts. .,: s~ ~ u ~ ~J. ,,=~-~ ~~~~lt,~`~ With that~n?,~m-i~nd,9several proposals were presented providing clarification for the purpose of allowing clustering within; the flood plains as well as more precisely defining the location of the onservation areas prior"to'development taking place. ~~ Following is the existing text for performance residential development and the proposed changes indicated as options 1 and 2. , 1' existing `g'ext: . .. .Sectiori,~i.~,_ Regulations Applicable to the FoTtowing Residential Districts _ ~ k 51:5_ -1,~`. Conventional Residential: Conventional residential lots shall meet the. dimensional °~< a requirements, parking, and sign regulations specified in the applicable zone. (1/4/82) ._ -. ~' - . 51.5-2 Performance Residential: In addition to the density limit established in theapplicable ~ ~~.. zone, all Performance Residential. Development shall comply with the following ' ~ - - regulations: . ` . ~ : • ` ' '. 1. ;Buildings on the periphery of a Performance Residential Development shall setback•no less than hventy (20) feet from the adjoining property line. (6/16/86) ' 2. Tn no case shall any part of a detached single-family dwelling unit be located ' . - closer than ten (10) feet o any part of any other detached single-family dwelling; . " and in no case shall any part of a multiple dwelling unit be'located closer than - ~ ~ ~ tiventy (20) feet to any part,of another dwelling'unit. (6/1/92) .3. Parking shall be provided in .accordance with Article VIII of this Ordinance.... " ~ ~ 4. . ,A drainage plan pursuant to Section 52-5 of the Subdivision-0rdinance shall be ' ' _ ~ submitted toahe County Engineer for approval. (5/5/97) ~ ~ ~ - • " ~ S: ~,Vater supply and sewage disposal facilities shall be~approv.ed bythe County a.nd ;. `• appropriate local or state agency per section 69.6. (8/~/S7) ' . •. - . ~ 6. ill t:ndivided areas within the development'(otherthgn street rights-of--way, - . parking, and strictures) shall be designated as open space. -The opens ace shall • " -, •~ ,. ~ p . ~ ~ meet the requirements of Section 69:1 of this Ordinance.- , ' 7. Private streets will be permitted in Performance Residential Developmznts; - `however; dedication of public streets and utility easements maybe required if °'. ~ such are indicated on the official plans as adopted by I~Tew Hanover County orany . municipality therein or if it is determined by the Count}' Planning Board that such ~` .. , ...public streets or easements are necessary.- (4/6187) • '` ~ 8. `Vhen a development proposal is~ submitted under this Section, it shall be ' . ~ processed as a major subdivision (more than five lots) under the provisions of the . . ~ - New Hanover County Subdivision Regulations as amene~ed. {4/6/87)(10/3/94} • 9, 'A site plan conforming to the requirements of Section 69.2 shall be submitted.. ' 10. A homeowners association.ineeting the requirements of Section 69.3 shall be - ` .. . -established. ~ • 11. ~ In calculating the density for a proposed development; the following areas shall -. first be subtracted from the gross area of land to.be committed.to developmenf..In " . ~ ' . .:. ' .: , , ,lieu of subtracting Dorovan, :Johnston, and Pamlico soils; the developer may . .. .. choose to preserve 100% of such areas as conservation space,. Such designation ~ ` s}lall follo«~ the requirements of Section 59.4-4(4) Methods of Conservation ~ ' • • Space Preservation with all impro~~ements limited to Section 59.4-4(3) ~~ " . - ~' 'Improvements. _ ' - ' ~ r ~ (a) all natural lakes, ponds, rivers, or marshes, and, ` - ~(b) all areas of Class IV soils as defined in A Classi~~cation of.Soils in New . 2. ., .. ,, - :, . > .. h Hanover County Septic Tank Suitability. A11 calculations shall be rounded to the nearest whole unit. (1/4/84)(9/6/94) (c) Residential units shall not be clustered at a density, greater than 2.5 units per net tract acre in areas classified Conservation, Rural or Resource Protection in the Wilmington -New"Hanover Land-Use Plan, except under the follotivng circumstances. If a development encompasses Resource Protection or Rural areas, and .Conservation areas; then density may exceed 2.5 units per acre in the Resource Protection or Rural area, provided the number of units in the Conservation area is reduced by an equal amount. At, no time shall the overall density of the project exceed the limit specified in the respective residential zoning districts. (2/16/87) 12. Any land designated as open space may be used in calculating the density for a proposed development and may be retained by the developer, subject to the provisions of Section 69..1 hereof.(12/1/84) 13.. Buffer strips shall be required in accordance with Section 67..(5/6/85) 54 3 .. - • x ~ ~ ,. .~ ~' Option ,1- As Recommended By Staff: _ , , ~~ The staff~`recommendation presented at the June meeting is as follows:. .. • ` . , 11'_(c.) Residential units shall not be clustered at a density greater than.2.5 units per net tract'acre . . in areas classified Conservation, Rural or Resource Protection in the tiVilmington-Netiv Hanover • ' :. Land-Use Plan, except under the following circumstances: ~~`If a development encompasses .Resource ' :Protection or Rural areas, and Conservation areas, then density-may exceed 2:5 units per acre in the '. Resource Protection or Rural area, provided the number of units in the Conservation area is "reduced . ' • by an equal amount. At no time shall anv portion o the ~roiect classified conservation exceed the 2. S units/acre limitation, nor shall the overall density of the project exceed the limit specified in the .-.respective residential zoning districts. (2/16/87) For the purposes-of this section, the conservation - .area shall inclzrde all -lands follotivino'their nattrrcrl topo~raphv that are at or belotiv the IOOyr flood - elevdtion as shotivn on the ~'Iaod Insurance Rate Map and zr~land ofcinv.marsh line . ., . __ ~ r ~ . ' In support of this` amendment , it is important to note that as a rule dower density combined with minimal' land: disturbance in these areas reduces threats to.public safety, threats of damaging flooding'and . ' promotes improved environmental quality by retaining greater volumes of vegetation on the tract. 3 , . .. ~ _ 55 . . . .. ~, ®~ti®~ 2 - As Recommended By The Planning Board: Following continued discussion of this item at the Planning Board meeting in April and May, the Board approved an alternative proposal at its Tune 3`d meeting by a 4-2 vote. Some Board members were concerned that the change might encourage additional filling in the floodplains. "11.(c.) In an effort to lessen environmental impacts promote less impervious surface and to preserve more natural areas, residential units may be cluster at a density greater than 2 5 units per acre in areas classified Conservation or Resource Protection as lone as (1~ the overall densit of the project does not exceed the limits specified in the respective residential zoning district (2 the overall density of the cluster units does not exceed the total units allowed in the Conservation or Resource Protection area. and (3) the clustering of the allowed units does not create the negative impacts (referred to above) that this section seeks to eliminate ~~ - . For the purpose of.this section. the Conservation Area shall-include.all lands at or~below the 100- •~~ear flood elevation or as they may be more precisely determined in the future Filling to alter the designated Conservation Area is allowed (1)~rovidinQ filling is not prohibited through a state~or federal agency that has jurisdiction over the area (2~providina said fill is confined to non-wetland areas, (~) providing said fill avoids conservation resources as defined by Section 59 4-3 (1 and 2~ (unless permitted as stated above). and (4) providing it avoids other conservation or environmentally sensitive areas that maybe more precisely defined in the future. The 100-near flood elevation in addition to any conservation area(s) that may be more precisely defined in the future. must be accurately located by the pro~erty owner's Registered Professionals and must appear on the final recorded plat of the area." The Planning Board feels that this wording protects the environment through clustering of units. It only allows units to be clustered in the Conservation Area that are already allo~v~ed in that area under current regulations (2.5 per acre) and further provides for a review provision that would only allow clustering if clustering does eliminate the negative impacts that spacing units at 2.5 units per acre would create. The wording also allows filling of areas when permitted by CAMA or the Corps of Engineers or when the areas have no environmental significance other than elevations. It further leaves room for "Conservation Area" to be more precisely defined, which should be a goal in the filture. 56 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEM 2 CASE: REQUEST: ACREAGE: LOCATION: Z- 679, 8/99; Applicant: John Wessell for Larry & Maggie Ripa R-15 Residential to O&I Office and Institution 5.25 Northwest Quadrant Smith Creek Parkway & North College Rd. 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. Residential development .can 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. County Commissioner Discussion ,(November 1, 1999 1Vleeting) The Board of Commissioners "continued" this item based on nearby resident concerns involving traffic conflicts coming off of North College Road and secondary access to the site from a•' ` residential street (Branch Road). The petitioner offered to create a deed restriction preventing access from Branch Road and resolve other resident's concerns. Planning Board Recommendation (August 5, 1999 Meeting} The Planning Board voted ~-1 recommending that the proposed O&I District be limited south of the southern boundary line of parcel 5 (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 problems associated with executing turning movements onto College Road across from Crestwood development, U- turns.to. access. the site: for vehicles traveling north, and general degradation of residential land values if the property were rezoned. Staff Summary & Recommendation This regiestseek ~;to~~ezone existing residential property to office and institutional use most likely based'~oiyt~he,~e~ tension of Smith Creek Parkway from North College Road. As noted on the site map; a11~5~parce~-ls of land are bounded by the R-15 District to the north and west. Springview Estates7wlcht~encornpasses this R-15 District was developed in the early 1960's and in-part by the applicant. Springview development contains moderate type housing and is served presently by iridiyidual wellstfand 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. Most, if not all 5 Q of the roads serving the Springview development have been accepted for maintenance by V NCDOT. Road access also is available on the west side of the property via Branch Road. ., ~: ,, . , .. Z-679 (conga) ~- .. ~ - ,. . R _ .. 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 guid"elnes~encourage commercial and office and institutional uses at.major intersections, especially if infrastructure. services such as public water -and sewer are provided.' ~ ~ ' .. With the exception of the B-2 District.located to the north other surrounding propertiesremain residential. ~ ~ _ .. .. '_, ~ Unfortunately, the 450 feet of road frontage that this property has on North College Road has .. several problems and concerns. Most: if not all of the property's road frontage is "controlled." P ~' Pa esently, ataper/de-acceleration lane for vehicles wanting to execute aright turn onto Srimith . _ .. 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 ° ; existing lane, traffic conflicts may occur. l\TOrth College -Road has a posted.speed limit of 45 .. m.p.h. ~ .. . - _~, .. , Knowing the ii,ncertainty 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 thatahe 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 G.. 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 .. . ~ ,, .. .. k of mature and_natural`vegetation. ` • ~ - .. ... ., g . = ~~.~.. ~~~ ~ _ ~ .~ 59 s ._ :. - ., ._ ., . . ~. F . . ._ ~ ~ .. Petition Summar-~Data Z - 679 Owner: John tiVessell (petitioner) ' E:~istinQ Land Use: vacant ' ~ .. 7onina Histon~: Originally zoned in July, 1972 'Water Tti~pe: ~ Community and individual well ' Sewer Tvpe: Individual septic tanl: . , X'.ecreation Area: hirias Grant Park ' Access and Traffic. Volume: 25,100 ADT ('97 count), I~TOrth College Road Sire District: `Vinter Park VFD + ~~'atershed and ~~Vater Oualitti~: Smith Creek C (S~~;') Aquifer Recharge Area: Shallow ~~,~ater table Consen~ation/Historic/Archaeologic Resources:' none ' Soils: Class II ` ,. 13uildin~ Suitabilit}•: Moderate limitation Schools: Blount Elementary School District r 60 r NOV-17-1999`~:09~13 .' ~ WESSELL & RANEY "" ~ 910 762 7557 P.02~04 _ '. _ ~ i . '-'"STATE .OF NORTH CAROLINA DECLARATION'OF "COUNTY OF 'NEW~HAVOVER RESTRSCTIVE COVENANTS-: - ~. WHEREAS, Ripwood Company, Inc. is the owner of a tract of land -. 'located an New Hanover .County,, North Carohina and bung more particularly .: ` ~ `described in Exhibit."A" attached hereto. and. incorporated herein by. w'•reference, :said tract of; land being -referred to herein as the "Riga •- , .. .Tract"; and - .. ~ . WHEREAS, the Ripa Tract lies adjacent ~to~ certain sections of Spring View Subdivision, said sections being designated aa,"Spring View'!, y.. . as s2iown on that map recorded in .Map Book 8 at, Page 20, New "Hanover County-Registry, "Spring View Section 2" as shown on that; map recorded in Map Book 8 at .Page 50~, New Hanover County Registry and "Spring View .. Section 3" as shown on that map recorded in Map Book .8 at Page 99, New ,, . R4 •~"- Hanover County Registry (a11` subsequent. references to Spring .View' :~.; Subdivision shall"be deemed to .include those sections of-said subdivision ~ , • ~' show?i on the maps referred. to i:n this- paragraph) ; and , = ~ `• ''.~ WHEREAS, the ownex of the Ripa Tract intends to create certain . restrictions limiting it© use of said. property; and. "• . ` WHEREI~S;'it.ia intended that the restrictions sd=imposed'~hail `: .' ~ ruri',with_the Ripa Tract and be binding on the current owner of said tract , . anal its successors and assigns; `and. ~ ' . ~ • •. ir1HEREP.S, it is intended that the restrictions' so imposed. shall ".run with.the Spring View Subdivision properties described hereinabove and be enforceable by the current and future owners of lots- iri ,said " subdivision as described hereinabave.~ ~ ~ ~ ' ` NOW, 'THEREF'ORE, in consideration of the. mutual.-covenants set forth herein and other good and valuable considerations, tha receipt of which is hereby acknowledged, Ripwood Company, Inc.•does hereby create and declare. that- the following restrictions shall be~ appl.icable.ta.the ' ~. real. property described hereinafter. " ~(1) From and after the date of this declaration of .. ., ~ _ restrictions;' tiie Ripa •Tract; s. tract of real property `located in New hanover County, North Carolina and .being .more particularly described in _~ . ,.~ . ~~ ,..~ .Exhibit : °A" attached hereto and incorporated herein by. reference, shall - ~' ~ be subject, to the restrictions set forth herein:. -. ' ,• :.. (2) This declaration of covenants .shall remain. in full farce ,. .: ~ ~ and effect for, so long as the Ripa Tract is zoned as O&L Office And - . • Institutional District zoning distr~.et under the provisions of the zoning ..ordinance adopted, by New Hanover County, North Carolina. In the event of _ a change in the zoning of this property, these covenants 'shall terminate.;• • and be deemed void 'and of no force and effect. ". (3? If'-the Ripa Tract is developed in whole or in pant far., any. " use other-than a residential use,~then in such event no vehicular access,'" either permanent or temporary, shall be permitted to 'or from the Ripa Tract from the extension of Spring Branch Road {S.R: 2059) where .such extension of Spring Branch Road intersects and adjoins the. Ripa.Traet - immediately east of lot 3, block 4, section 2 of Spring View Subdivision as shown on: that. map recorded' in Map. Book e at .Page SD; New Hanover `i ~ County Registry. ; ' ' - .. . . .. f :61 - - a . NOV-17-1999 89=14 WESSELL & RANEY 910 762 7557 P.03i04 (4) If the ~Ripa Tract ie developed for residential uses as permitted under- the zoning ordinance then in effect for New Hanover County, North Carolina (or in 'the event of annexation,, the City of Wilmington, North Carolina), then the restrictions set forth in paragraph (3) above shall not apply. (5) If any person,firm or corporation .shall violate or attempt to, violate..any of these restrictions, it shall be ].awful for the owner(s) of any ,lot in Spring~~~View Subdivision as described hereinabove to bring an action against the violating party at law or in equity for, any claim which these restrictions may create in an owner of such lot either to prevent said person, firm or corporation from so doing such acts.. or to recover damages for such violation. (6;) These covenants may be amended upon the affirmative vote of at least seventy-five-percent (75~) of the owners~of. lots in the Spring. View Subdivision described ~hereinabove and the owner(s) of the Rips Tract., This day of December,. 1999. RIPWOOD COMPANY, INC. BY: Lawrence R. Rips, President (CORPORATE SEAL) A'T'TEST : Secretary NORTH CAROLINA, NEW TiANOVER COL7NTY I' hereby certify that before me this day and R7PWOOD COMI~ANY, INC. , the'Corporation the fc President; self as its 1999. ' a Notary Public, do personally appeared ac'xnowledged that (e}he is~ ~ Secretary of and that by authority duly given and as the act of ~regoing instrument was signed in its name by its sealed with ~its~corporate $eal and attested by Secretary. WITNESS my hand and notarial seal this day of December, My commission expires: (SEAL) dCL7\Tealprop\W97-276-002 62 Notary Public n ~J NEW HANOVER COUNTY BOARD OF COMMISSIONERS _ _ - REQUEST FOR BOARD ACTION' ~ : ~ ' [ Meeting Date: 12/06/99 ; ` - . • ~ .": Regular Item #: 14.3 Estimated Time:- Page Number: '. - ' 1 ~ ~` .° 'D•epartment: -Planning ;Presenter: Dexter Hayes • ,. ~ . Contact: Sam. Burgess , •. , ..:. SUBJECT: '` .., , ~' . Special .Use Permit: Singlewide mobile home - ,. ~ - - • - BRIEF SUMMARY:. F . Petitioner is requesting a singlewide mobile home off Teresa Drive in the Wri ghtsboro Community. Thee ` -, .property. currently zoned R-20 Residential. RECOMMENDED'MOTION"AND REQUESTED ACTIONS: „ - n/a :. .FUNDING SOURCE: ~ • -none ~ ,f.,. ,: - ., . ATTACHMENTS:' .. }` .. . ~, .3 .: • - _, ~• ~ ~ ,., ITEM DOES NOT.-REQUIRE REVIEW , . •. ..: , ` COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ - , COMMISSIONERS' ACTIONS/COMMENTS: ' • C~u~ ~~M~~~Q - _ _ ~ REJECTED . ®~ ': ~, . ,:. REMOVED ~ ~~ ' " - ~ ~ ". POSTPONED 0 4 . HEARp . -• - r b ., F ~ . ' ITEM 3 SPECIAL USE PERMIT 5-443,12/99 Request By: Herb & Joy Fox Type Use: Singlewide Mobile Home 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 and sewer service will be provided by well and septic tank: B. The site has direct access off Teresa Drive (SR 2239). C. The site is served by the Wrightsboro Volunteer Fire Department. 2. The Board must find that the use meets all required conditions and specifications of the. Zoning Ordinance. A. Singlewide mobile homes are permitted by special Ilse in R-20 Residential Districts. _ B. Front, side and rear yard setbacks of the R-20 District will be met. C. Well and septic tank permits have been applied for and received through Environmental Health. v 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. Mobile homes of similar character to the one proposed are located along Teresa Drive. B. No data has been submitted indicating that providing this type of housing 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 developanent for New Hanover County. A. The 1999 Land Classification Plan identifies this area as Resource Protection. Densities ~„ g'reater;flan 2~%5'~mts/lots per acre are not permitted. This lot has approximately 25;000 square feet. ~~%' l"lr~~~i~,t? .I B. Other~mobl~le homes are located along Teresa Drive and near Castle Hayne Road. ~ ~~ j Issues & Concern ~6 ~r This area may be~u~sceptible to drainage problems due to marginal soils. Every effort should"'be ma`d`e to~mitiQate otential drainage im acts to adjoining ro er \ 1 b P b p J bP P h'. ,t SOba~ 1PJ 'NOl~NII^Jiil%~ ~;~li:!i :~~~ 'G ' ~/~ ~~~~ dS~~l~1_ ~~~~ 0~ 1_'~~-~ 101 -~ ~g~~141i:9199dIS.~/pp w ~ ~~/+ r aP ~ ~, ~ '~ ,~ A ~~ 06~~ ~~~~e .,Pr~~T~ fled ~~~~,` ~-->~. p`ep~p,B8F4@901 ~a~'~be`6._ -_ E rJ W i 1~ i~ W ~fJ Ll ~ r y~% c, ,t ~~ Li ~' W i W G' ~ J f/ ~ v`~ C! ~` a ~ uw ~ ~ " `~ a ~- am ~~oo r . '-' _ _ - ~- ~ Z il ~ =i W ~ -- l I [k Z In .~ LL1 J t' !,%I f LL ' ~ ~'~ ~ z ~ J J 7 U L W ~ _- w = c Z LJ W ~ O L7 3 z ° a r- c c~ W W J L ~-1 L _I W ~.. '~.' l7~ ~ W ~ c ~' Y ~ \ I ~ >'-~ ------ I, l~ `~ ' ~ C ~ ~' ~ ~ I c 1 \- I ", ~~~~ ~G~ ~~ ~~ j ~ ~ f I ~~ ~ c~ 'P ~..._.,0 SON ~ ~ z _~ n.~l ._y~._~7 I 1 _' GO'3G Cli'OG =' f ~ / `J O 'if I ~~ - 3 > Q ~ I _ Q 'I O K iU i~J ~- I ? _ I .~- Z ~~ ~ ,-. r~ 9 f1 ~ t~ ,_ y lil W ~ ~ I. / 1 ~_. C~. a NEW HANOVER COUNTY BOARD Of COMMISSIONERS ITEM 4 .. ~ ,~ SPECIAL USE PERMIT 5-449, 12/99 Request by: Shelton Tate, Sr. Type Use: Singlewide Mobile Home Preliminary Staff Findings 1. The Board must find that the use tivill not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. ' A. Water (individual well) and sewer (individual septic tank) services already exist on site. B. The site has direct access off Middle Sound Loop Road. C. The Middle Sound Community is served by the Ogden Volunteer Fire Department. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Singlewide mobile homes are pernitted by special use in R-20 Residential Zoning Districts. B. Setback requirements of the R-20 District will be met. C. An existing single family residential home exists on site. Space requirements for a second residential use are met based on the applicant's.site map. 3. The B©ard must find that the use tivill not substantially injure the value of adjoining property or abutting property or that the use is a public necessity. A. A mobile home park located east of the site has been in use for many years. B. No data has been submitted indicating that providing this type of housing. in an ~,~--~,.~;.,,,~~,~,~.~~,.e~isting neighborhood will cause property values to drop. ~i ,~~ ~~ 4. Tlie Board must find that the location and character of the use if developed according to ,f th~e~~plari 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. Other mobile homes are located nearby off Middle Sound Loop Road. B. The 1999 Land Use Plan Plan identifies this area as Resource Protection. Densities 7 O greater than 2.5 units/lots per acre are not permitted. ~~ 5-449 12/99 PETITION SUMMARY DATA OWNER/PETITIONER: SHELTON TATE, SR EXISTING LAND USE: RESIDENTIAL ZONING HISTORY: ORIGI\TALLY ZONED IN MAY, 1970 REZONED TO R-20 RESIDENTIAL IN MAY, 1988 WATER TYPE: COMMUNITY WATER AND WELLS SEWER TYPE: INDIVIDUAL SEPTIC TANK RECREATION AREA: OGDEN PARK ACCESS AND TRAFFIC VOLUME: 6,100 ADT ('97 COUNT) @ MIDDLE SOUND LOOP AND DARDEN ROADS FIRE DISTRICT: OGDEN VFD WATERSHED AND WATER QUALITY CLASSIFICATION: PAGES CREEK, SA WATER ApUIFER RECHARGE AREA: SHALLOW WATER TABLE CONSERVATION /HISTORIC/ ARCHAELOGIC RESOURCES: NONE SOILS; CRAVEN, CLASS III BUILDING SUITABILITY:. MARGINAL SCHOOLS: OGDEN ELEMENTARY € This page intentior~allyleft blank} 72 NEW HANOVER COUNTY BOARD OF COMMISSIGNERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Regular Item #: 14.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUBJECT: -Rezoning: Amendment to Conditional Use O&t- Site Plan Modifications ' "BRIEF SUMMARY: The petitioner is requesting a modification to an appproved conditional use site plan in 1998. Modifications include the building layout and parking layout. The revised plan shows an additional 6,450 sq.ft. of building area and an additional 13 parking spaces. The petitioner has also revised the proposed storm water management system. RECOMMENDED MOTION AND REQUESTED ACTIONS: - The planning board recommends approval with the following conditions: (1) buildings supplemental to the proposed Dental Office will not be used for convenience food stores, drug stores, day. care, or electric /gas ' and sanitary services. (2) the buildings along Alexnnder Road must have a minimum of two dormers facing Alexander Road,. and all service utilities for these buildings must be shielded from view, (3) the buildings along Alexander Road should be perpendicular to Market Street, and the parking of the ends of these buildings should not extend. beyond the building setback. FUNDING SOURCE: .. none ATTACHMENTS: 5 ' ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ - COMMISSIONERS' ACTIONS/COMMENTS: J ~oU ~~I~ REMOVED ~@STPONED ® a.. 'Mr ~€ARn ' . 73 ~ I r ; a ITEM 5 ~~®~~~(a CASE: Z-635, 9/98; Applicant: William Alexander REQUEST: Amendment to CD(O&I) -Site Plan Modification ACREAGE: 3.15 LOCATION: Northwest corner of US 17 and Alexander Road, south of Bricltistone Estates LAND CLASS: Urban Transition -The purpose of the Urban Transition class is to provide 'for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Residential development can exceed 2.5 units per acre .within the Urban Transition area provided the development is adegilately designed to be compatible with existing and proposed surrounding land uses and is served by: City or County Sewer or private package treatment systems that meet the most stringent State requirements, Municipal or County. Water'or a private water system constructed in accordance with City of Wilmington standards, Direct access to a minor arterial or larger access road. NOTE: This item originally appeared on the Planning Board's September 3, 1998 agenda as an R-15 to B-2 Rezoning. The item was tabled for 30 days to give the petitioner time to submit a revised application under conditional use guidelines. Subsequent to that directive the application was revised to CD (B-2) business. Specific uses were not listed. In i~TOVember 1998 the Board of County Commissioners voted to table a decision on the proposal until the December meeting. In the interim, the applicant was instructed to revise the site plan. A revised site plan was prepared and instead of the CD(B-2) and CD(0&I) recommended by the Planning Board, the applicant changed his request to CD(O&I) to permit all uses within the O&I district. Ultimately the application was approved for CD(0&I): PLANNI:NG~~BOARD RECOMMENDATION (11/4/99) n ~a The applicant presented the current site plan. There were several people at the meeting who supported the application. Some neighbors stated their concern about some of the uses'a'llowed in the O&I zone. ~` -~ The Planning Board recommends approval with the following conditions; 1) --- °Buiidirigs supplemental to the proposed dental office will not be used for convenience food 74 stores, drug stores, day care, or electric/gas & sanitary services, 2) the buildings along Alexander Road must have a minimum of two dormers facing Alexander Road, and all _ _ f. service utilities for these buildings must be shielded from view, 3) the buildings along Alexander Road should be perpendicular to Market Street, and the .parking at the ends of these buildings should not extend beyond. the building setback. .Staff Summary The petitioner is requesting an amendment to the approved conditional use site plan: The petitioner has modified the building layout and the parking layout. The revised plan shows an additional 6,450 s.f. of building area and an additional 13 parking spaces. Revised Site Plan Approved Site Plan Difference Bldg' Area 28,700 s.f 22,250 s.f. + 6,450 s.f. .- . Impervious ~ . Area 76,072 s.f. (55.6%) 70,308 s.f. (51.4%) +5,764 s.f. (42%) '.The petitioner has also revised the proposed stormwater management system from a pond to an underground detention system. The objective of the O&I Office and Institutional zone is to allow for a transition from commercial to residential uses. Although buffering is required, the proposed increase in floor area and the additional parking appear to be more in keeping with commercial uses rather than the adjacent residential . community. Staff feels that the approved site plan is more in keeping with the residential neighborhood. The scale of the building footprint proposed on the southwest side of the site does not reflect a residential character. If this expansion is approved carefiil consideration should be given to the architecture of this building. The parking ratio shown on the revised site plan is lspace per 250 s.f. (I 17 spaces) the zoning ordinance only requires ]space per 400 s.f: (72 spaces) for general professional offices and for medical clinics 4 spaces per doctor and 1 space per employee. Staff recommends that the petition be approved with no increase in square footage on the site and that the .previously approved setbacks and buffers be retained along the perimeter of the site. Any excess parking should be eliminated where possible. • 75 b COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA • ORDER GRANTING A SPECIAL USE PER.iyIIT In a Conditional Use Zoning District Office and Institutional Uses The County Commissioners for Ne~v Hanover County having held a public hearing on December 7, 1998 to consider application number Z-635, submitted by bVilliam Alexander, a request~for a special use permit•in a Conditional Use Zoning District to use the property located on Market Street and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. _ 2. It is tl7e County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materiall}~ endanger the public healih or safety if located where proposed and developed according to the plan as subrilitted and approved. In support of this conclusion, the Commissioners make the following FINDNGS OF FACT: • A. The site has access to adequate water and sewer services. B. The site is located within the,Ogden VFD District, C. The site has direct access to Market Street. 3. It is the County Commissioners' CONCLUSIOi~T 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. A site plan pursuant to the Ordinance has been submitted. B. All other setbacks can be met. C. It appears protected trees will be preser~'ed to the greatest extent practical with many being incorporated into the design of the project. 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 of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 76 A• The site plan calls for the preservation of a substantial poriion of the natural vegetation found along the western boundary adjacent to residential use. 5. It is the County Commissioners' COI~TCLUSION 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 will be in harmony with the area in which it is to be located and in general conformity with~the plan of development for Netiv Hanover County, In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has direct frontage and there are other conditional use districts located along the road. 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 PERi~IIT BE GRANTED, subject to the following conditions: C. Other: 1) All other applicable federal, state and local laws. 2) Per site plan as revised. Ordered this 7th day of December, 1998. • Attest: . ~/ • ,~ .,rk to the Board William A. Caster, Chairman ,19 Affirmation this day of Applicant 77 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.S OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 5 is hereby amended by removing the hereinafter •described tract from the R-15 Zoning District Classification and placing it in the Conditional Use O-I Office and Institution Zoning District Classification, said land being. described as follows: Beginning at a point formed by the intersection of the sozrtheastern right-of-tivay line of Alexander Road and the northwestern right-of-tivay line of U. S. Htivy 17 (Market Street); r-arj~ning thence Sotrth =12 degrees 40 minutes 40 seconds West 335.60 feel; thence North 47 degrees 19 rrtinartes 20 seconds West 388.55 feet; thence North 34 degrees 39 minzrtes SO seconds Eas\ 18.83 feet; thence North 33 degrees 2D minutes 10 seconds West 65.23 feet; thence North 40 degrees 07 seconds =13 seconds Ecrst 119.82 feet; thence south 52 degrees 16 minutes 00 seconds East 486.07 feet to the point and place of begifinijzg. Section 2. Tl~e County Clerk is hereby authorized and directed uizder the supervision of the County Commissioners to change the Zoning Map of Zoning Area 5 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict ~vitli this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 7th day of December, 1998. William A. Caster, Chairman Attest: 7 p rk to the Board - - ~ 8 ` U ~ ~. u ~ --_- - --_ -+-~ {~ 1`larkct Strcct / U.S. +-~~y. 17 - -~ Q ~ ---------- n- -. ~ico~ Pobuo wwj --------- a h X ~ Q~ y 0 /~ ' ~~ ~~ I ~1 ~f 3 a' p . a. 1 {. I I 6 O L U "B ~ - ~T Q c °~~ 1 1 , '~ • '?y o < v°X~ .~d ~iu` 3..y d L.::: n~ • ~ ~e M 3~. j•~ S.i E '\ nl . ~~4i O L C L ~fl J' t. ~ _ ^~ 2 _ I ~ ~ j U p O f~ ~ al h ~+ - V O ~ J `. ~ " mZ b p ' Ncf~ ~ . n + T~ E ~ O 1~1 N m M nl : ~ ~ ~- m CJ r f" ~ 3 tDV ~ L I on ~ n~ ., N ~c~9c m ~ ~ n c ~ u • r ~~~ ~ ,; ~ 0 4 m m F- [i ~ c E ~ ~`, N ~ ~ L b =za o g ~ ~ ti ~ y _ ' ~ i n u 36. a. ° o c ~. ~ 4 . o u m 4 ~°- i~ o C F i : : g o ~e ~q 0., F- U ° ` o ~, F V' _ ci m d~ v e F e 0 V Z~ /UO `^)\ ,~ • ~ .. ~, 7 L~ ~ ~ .(~ i O 79 { Thi,~ pale intentionallyleft blank} $~ a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 .Regular Item #: 14.6 Estimated Time: Page Number: . ~ Department: Planning Presenter: Dexter Hayes _ Contact: Baird Stewart . SUBJECT: Rezoning: R-15 Residential to CD(B-1) BRIEF SUMMARY: - ` This item originally appeared on the Planning Board's Sept. 2,1999 agenda as an R-15 to B-1 Rezoning. The item was tabled for 30 days to give the petitioner time to submit a revised application under condtional use guidelines. ~ ~ ~- RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board unanimously recommeded approval of the petitioners conditional use request.. FUNDING SOURCE: ~. ~ - . none ATTACHMENTS: 5 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: . I _ ~ APPR01iED s=' . _ REJECTED ®`~~;",; REMOVED ®:;~ POSTPONED ® ' ~'~f':.,; HEARf~ Q ~ GATE ,- 12 (o ` ~ (, ~~ ~. I . .. 81 0 ITEM 6 CASE: Z-684, 9/99; APPLICANT: Pete Vinal REQUEST:. CD(B-1) From R-15 ACREAGE: 2.8 Acres (entire tract) LOCATION: 6300 block of Carolina Beach Road, East Side . LAND CLASS: Resource Protection -provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Residential density cannot exceed 2.5 units/acre. PLANNING BOARD RECOMMENDATION (11/4/99) The applicant presented a revised site plan per staff comments. There'was no opposition from adjacent landowners. The board unanimously recommended approval. NOTE: This item originally appeared on the Planning Board's September 2, 1999 agenda as an R-15 to B-1 Rezoning. The item was tabled for 30 clays to give the petitioner time to submit a revised application under conditional use guidelines. The petitioner asked staff to put his conditional use request on the November meeting, so he could have time to prepare the site plan. STAFF SUMMARY: ~ ~ ' The petitioner is requesting a Conditional Use B-1 Rezoning for a retail nursery. The subject site is adjacent to and north of an existing Conditional Use B-1 District established in 1994 and used for a gift and novelty shop. There are other small commercial districts scattered on both sides of Carolina Beach Road. There are two large commercial areas within one mile north and south of the subject site. The large commercial area to the north on the West Side of Carolina Beach road is largely vacant. A shopping center and miscellaneous retail outlets as well as a large vacant office building occupy the large commercial area south of the subject property. With the exception of the conditional use B-1 district to the south, the subject property is surrounded by R-I S zoning. Directly north and adjacent to the site are several mobile homes that ,~, gain access to Carolina Beach road through an easement. There are three established ~~~~ 'vne"iglborhoods~located within close proximity to the site. All three developments have moderate sln'gle~~fam ly~:h:ousing. ~' ~~1a: a;,q A~sho~~n;lon~the site map the subject property is narrow and elongated with approximately 200 feet of frontage along Carolina Beach Road narrowing down to approximately 56 feet to the rear of't~he approximately 1,000 foot deep property. The subject parcel also has very steep topography +: alonb the entire 200 feet of frontage along Carolina Beach Road. The applicant may also have a ~_- -"'""`hard time obtaining two driveway permits from NCDOT for the proposed access. Note also on the site map that this property is the southernmost of a series of narrow lots. 82 Expanding the conditional use district from the south up to these long narrow parcels could begin a bad tre~ld for this residential area. As.noted in several nearby rezoning cases, the expansion of an existing commercial district is simply not compatible with the other residential land use nor does it fit with the land use plan. The petitioner could run a wholesale nursery from this site without rezoning. In order to avoid setting a resident or commercial encroachment on residential property in this area, Staff recommends that the petition be denied and that the property remain residential. ~. . i I I -. I 83 ~ '~ ~ ~ a. Case: Z- 684; 9/99 Special Use Permit for a Retail Nursery 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. The site is served by private well and septic. B. Access to and from the site is proposed on Carolina Beach Road. Carolina Beach Road is classified as an Arterial road on the New Hanover County Thoroughfare Classification Plan. C. The site is located in the Myrtle Grove VFD. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The subject property is currently zoned R-15 and is classified as Resource Protection by the 1999 I~Tew Hanover County Land Use Plan. B. The applicant is requesting a Conditional Use B-1 rezoning to allow a Retail Nursery Operation. Wholesale Nursery Operations are permitted by right in an R-1 ~ zone. C. Building setbacks are based on building height. The applicant has indicated that the proposed buildings are one story. The maximum building height is 35 ~ . D. The required bufferyard is 50% of the building setback or a minimum of 20' whichever is greater. E. The parking shown on the plan meets the zoning requirements. F. The principal use sign must not elceed 300 sq. fr. and must be setback a minimum of 10~ from the right-of--way. G. The site plan does not address any tree preservation apart from the bufferyard areas. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The adjacent and surrounding zoning is R-15 with the exception of a portion of the property south of the subject site which is zoned CD(B-1). B. The primary access to the residential property adjacent and north of the site is through an access easement. C. The site is currently vacant and wooded. D. Three established neighborhoods are located inclose proximity to the site. Battleground Park to the north; Country Place to the east and.Laurel Ridge to the south. E. There are two major commercial districts within a mile north and south of the subject site. 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. There are two other conditionally approved commercial areas south of the subject property and across the road. 84 - ... _ • ~: ,... . ., . . ~, . , ° NEW HANOVER COUNTY BOARD OF COMM~I,SSIONERS ~~ ~. ~~ ~ ~ REQUEST FOR BOARD ACTION ,.,.~ ~ ". - :, ~, _. ~.- _ = .Meeting. Date: 12/06/99 `' ~ , ~,. _ '~,t Regular Item #: 14.7 Estimated Time: Page Number; .. - .Department: Planning Presenter: Dexter Hayes , . .. .. :r Contact: Sam Burgess . ,. .. , , ... ... - , . ,. _ . . _ ~. .,SUBJECT:. `~ - ,p .. Rezoning: R-15 Residential to B-2 Highway Business ~ ' ? . ,: .. _ , , ;. . ': BRIEF'SUMMARY: • . ` , : :.. . - . The petitioners is requesting that the balance of his property..( .25 acres} be rez1 . ned to B-2 RECOMMENDED MOTION AND REQUESTED ACTIONS:- = -' ~, ~ , No~opposition and very little.discusssion by the board took place at the meeting . The :Planning Board was - ~ - unanimous in.~ecommeding approval of the petitioners request. ,, , ., FUNDING~SOURCE: _, ~ f ~ n/a ~ ' - , ,- - .'ATTACHMENTS: , ,~ :. , 3 ~ - , - _ ~ .. _ .. 'ITEM DOES NOT REQUIRE REVIEW . ' _.: _ . .. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: 5.. ,: ' ~:: COMMISSIONERS' ACTIONS/COMMENTS: ~ ~ ~ _. , ~ - - ', ~. . ~~U ' ' - ;. ' REJ fCTE® ® . .. .. ,, ' REMOVED _ a. - ~ : ~OSTf'O1VE ,. ~ , . .: ,. .. .. . - . Eq , RD ,; . .. ., ... „, .. . 3 ~ii2 ~~ ~ _ ®~ 9q -,.,,_ ~'n'l/' ~ ~ ~ ~.~. ' .~ _ .a ~ ~ . i . s -~ - ITEM 7 CASE: Z-689,11/99; Applicant: 6943 Market Limited Partnership for Grove Park Properties REQUEST: R-15 Residential to B-2 Highway Business ACREAGE: Approximately .25 Acre LOCATION: 5500 block Carolina Beach Road, west side LAND CLASS: Developed- Provides for continued intensive development and redevelopment of existing urban areas. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units/lots per acre. ~ • . .. Planning Board Recommendation (November 4, 1999 Meeting) No opposition and very little discussion by the Board took place at the meeting. The Planning Board was unanimous in recommending approval of the petitioner's request. Staff Summary As noted on the site map of the proposed rezoning request, most of the property is already zoned ~~ B-2 Highway Business. A significant portion of the petitoner's property is enveloped by B-2 with the exception being west of the district boundary. Land fronting both sides of Carolina Beach Road is a part of a large commercial node located in the Monkey Junction area. Land use patterns surrounding the Monkey Junction area have undergone a significant transformation since the early 80's when most of the property was zoned residential. In addition to a major brand shoppirig center on the east side of Carolina Beach Road, several strip centers have evolved that include food stores, retail type offices, and professional buildings. Excluding the strip of B-2 Highway Business along the west side of Carolina Beach Road, two residential zoning districts exist nearby. West of the proposed site is a mobile home park (Grove Park) owned by the petitioner. South of the site is Brewster Place, a medium range housing development that received approval several years ago. f~,~Changes, in the~land,use pattern near Monkey Junction over the past 15 years has largely been the ~`~result'of the extension of County sewer. Pressures to rezone residential property to commercial are well founded; especially with its proximity to a major intersection. With the exception of Grove Park, residential development close to this intersection is becoming less prominent. ~~ Given the, commercial nature of most of the area surrounding the petitioner's property, adequate water and:sewer services, and the convenience of having zoning district boundaries coincide with property boundaries, staff agrees that the remainder of the property should be rezoned to B-2 86' Highway Business. Staff recommends approval. 88 { 'his page it~tentionallyleft blank} b ... I - - .~_ - ~ NEIAI. HAIVOVER COUNTY BOARD OF COMMISSIONERS, , ..~ ~ ~ .. REQUEST FOR BOARD ACTION ~ ~ • • ,, . Meeting Date:.. 12/06/99.. ~ - • .. .. _, - J . Regularltem #: 14:8~.Estimated Time: -Page Number: ~~ ~` ~ " Department: PI'a~nning Presenter: Dexter Hayes . -. :,: Contact: Sam Burgess - ~ ~ ,. ; . .. . . -. .. .SUBJECT: - Road Closing: Close a Portion of an Unnamed Road (C.N. Dunn Place Division, a ' . ~ Middie°Sound Community.) _ ,. .. _. r , , , BRIEF SUMMARY:.. .Petitioner John LeGwin has requested to close a portion ofi an unnamed road adjacenf~to Dunbar landing ~° ` " in°the Middle Sound.Comrnunity. AResolution of Intent to close the road must be adopted prior to .' scheduling a public hearing. A site map depicting the segment of road to be closed. is attached. This 30 foot unimproved road right of way is approximately. 200 feet in length and currently serves access to ' boaters and predestrians of the Dunbar Road neighborhoods using Pages Creek. A copy of the original. ::". .map is also attached displaying the entire length of the road from Middle Sound Loop .Road. to.~Pages . Creek. Vehicular access to adjorning lots on either side of the will not be impacted, RECOMMENDED MOTION AND REQUESTED ACTIONS: - ' ° The segment of road petitioned to be closed has been identified ih the Public Water Access f?lan for New ~ .: Hanover County (1986) as potential road `right of way for public-water access to Pages Creek: This road - ~ ,. ; "right of vvay that leads to the water is one of the few remaining public access points in the County that can ~ .., ~ '. ... ' ° ~ ~'.be utilized by the Dunbar Road neighborhoods. There also may be a need for public utilities. such. as water .. ..; _ and sewer which is planned to be installed in• the near future. These two potential needs, should be ; considered by the. Commissioners in deciding whether to .proceed with Resolution ofantent to close. " , ;FUNDING SOURCE: '- - ' . _ :~ n/a _ . ~ , . .. _ _ ATTACHMENTS:: ~- .. - , 4..` _ .. • ITEM'~DOES NOT REQUIRE REVIEW . .. .. _ t ~ , COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: '~ .. ' a,. . . COMMISSIONERS' ACTIONS/COMMENTS: P APPROVE® ~ , ,.: ., - .~ ' - - :REJfCTE®, . - ~ . -! . , REMQVE®; ~ ~- j - ~ ., POSTPONE®® ., - . ,. , , . ~ '3 . ~ ` !', .. ~ ,, '~' ITEM 8 CASE: REQUEST: LOCATION: Staff Summary SC-75, 10/99; Applicant: John Legwn Close a Portion of an Unnamed Road Southeast Terminus Dunbar Road,,Middle Sound Community Petitioner John LeGwin has requested to close a portion of an unnamed road located adjacent to Dunbar Landing in the Middle Sound Community. A Resolution of Intent to close the road was adopted by the Board in October. A site map depicting the segment of road to be closed is attached. This 30 foot unimproved road right of way is approximately 200 feet,in length and currently serves as potential access to boaters and pedestrians of the Dunbar Road neighborhoods using Pages Creek. A copy,of the original map is also attached displaying the entixe length of the' road from Middle Sound Loop Road to Pages Creek. Vehicular access to adjoining lots on either ., side of the'road will not be impacted if the road is closed. ~_ Staff Recommendation The segment~of road petitioned to be closed has been identified in the Public Water-Access Plan, for New Hanover County (1986) as potential road right of way for public water access to Pages Creek. This road right of way that leads to the water is one of a few remaining public access points in the County~that'can be urtilized by the Dunbar Road neighborhoods. County Engineering staff has indicated that the reservation of drainage ~or utility easements will riot be needed. With the number of registered boaters in New Hanover County increasing annually. and the limited availability of public access to the water for passive recreational purposes, the Planning staff recommends that the unimproved right-of- way remain open. 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Meeting Date: 12/06/99 Regular Item #: 16 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell ..Contact: Lucie Harrell- ` SUBJECT: ~ - Committee Appointments BRIEF SUMMARY: There are vacancies on the following boards/committees' Board of Health Human Relations Commission Zoning Board of Adjustment ` RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments FUNDING SOURCE: ATTACHMENTS: Committee Information Sheets and Applications ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER(. MMENTS AND RECOMMENDATIONS: - Make appointment . . COMMISSIONERS' CTIONS/COMMENTS: . ~ ' ,. .,C ~ •` ~ ~;, ~~ -~~~~ ~~!C..I ®®~~.: ' . ~ ~ o ® ~~N ~ ~. w w ~ Z w p ~ ~ W ', - COMMITTEE APPOINTMENTS BOARD OF HEALTH ' 3 VACANCIES: THREE-YEAR TERMS CATEGORIES: GENERAL PUBLIC DENTIST PROFESSIONAL ENGINEER APPLICANTS: GENERAL PUBLIC: Louise Albert James (Jim) R. Pierce John W. Rader Anne Braswell Rowe DENTIST: Dr. Wilson O'Kelly Jewell, Jr. PROFESSIONAL ENGINEER William T. Steuer Attachments: Committee Information Sheets Applications :y ~... -, ._ €~~ ~, -~ 94q ' ~ ._ ELIGIBLE FOR REAPPOINTMENT X . X X a NEW,~HANOVER COUNTY BOARD OF .HEALTH BOARD OF HEALTH (CONTINUED) . TERM . ~ TERM . • CURRENT MEMBERS CATEGORY' SERVING EXPIRES ~ _J Dr. Michael Goins Optometrist Second 12-31-2001 5030 Randall Parkway Wilmington, NC 28403 (Appt. 12/18/95) 392-0270 (H) 392-0270 ('W) (Reappt. 12/21/98) Melody C. Speck, D.V.M. Veterinariari First 12-31-2001 4605 Wrightsville Avenue . Wilmington, NC 28403 (Appt. 12/21/98) 452-0542 (H) 799-5587 (W) Wilson O'Kelly Jewell, D.D.S. Dentist First 12-31-99 218 Pine Grove Drive i~~ Wilmington, NC 28403 {Arpt. 12/ 16/96) 791-6113 (H) 791-2401 (W) Anne Braswell Rowe General First 12-31-99 2216 Acacia Drive ~ Public Wilmington, NC 28403 (Appt. 12/16/96) 762-42425(H) ' ~ ' s-~a.ke.r ~ William T. Suer Professional First 12/31/99 6228 Fox Run Road ~ , ~ ~- ~ ~ Engineer ~ `~~ Wilmington, NC 28409 ''"`"'`7~" "' (APPt. 12/16/96) 799-2144(H) 395-5585(VV) Estelle Grady Whitted General Second 12-31-2001 1611 Rock Hill Road Public Castle Hayne, NC 28429 (Appt. 12/19/94) 675-2179 (H) 343-2889 (VV) (Reappt. 12/18/95 & 12/21/98) Robert G. Greer ~ County Comm issioner ~ ' 320 Chestnut St., Room 305 Wilmington, NC 28401 341-7149 David Rice, Director County Health Department 2029 S. 17th Street Wilmington, NC 28403 ` 343-6500 (~~ 12/98 9 v File: \Health b .... , . • : t : NEW NANO VER COUNTY . - , ., ' BOARD OF COMMISS/ONERS .. ; ~ , ~~ ~y~~: . .` " , ~ . • , . ' 320 Chestnut Street,.. ,Room 305 ~ ,~~~~ ~ ~~ ~- . ~ ~ ~ Wilmington; NC 28401-409,3. _ ' Telephone (9101 341-7149 .• ~ ;, ..., ,.., -.. FAX (9101 '341-4130, _ :. , `. ~ ~ App/ication.: for Appointment to Boards, Committees, and Commissions.' " - ~ . ~ Appointed by the New Hanover County Board of Commissioners. Request forAppointnenfto: Bo~~rci of-~-he~~1Lh ' Nari?e: Lolzi se filbert. .. ` Home •.: ;.. ` . • _ How long have you been a . - lAddres, .;1,~J;. Ke-n~~r~o~~ :°~ve.,. ~ 1~ yE•ars resident of New Hanover County? - _ Mailing Address:. Same ' . °.".'Crt and'Sta'te '. Giilmngton, . i~l.C . - .. °_284~G y .. Zip Code: 5. rTelephone:, Home: 9,i0- '7n~- 'Gj32 s .e PLetirE:d ~. Bu in ss: • 1 •Sex: F:emrle. - '=Race: Caucasion 79 • , •• Age ' .. _ .. 'This information is requested for tha sole purpose of assuring that across-sectiomof the community is appointed. . '"Employed by:_ _ .. ' "A.person current/y employed by the agency or department for which this app/ication is made, must resign his/herposition with ` ~ New Hanover County" upon appointment, in eccordancs with Arficle,Vl, Sec..4 of the New Hanover County Personnel Policy. •~' ~" ~~or,;~e;r Jour.ralist • Jab Title: _ , ,. .. . .. .. Piofessiorral Activities: `' • Vo/unte~erAcitvrties:• l'~'tt1e`' I-Iuti~'o~.rd! s CuPb~ar.cl.. •~ri~,nd of the Libr~Lry Bed rd. ,.... ~ :. I t'_~rik my ex erience, .Why do you wish o serve. on the.Board, Committee, .or Commission requested? -both prof,essio?a,l ~~~ as d disabled ~ersoYi.., partial recovery from 'str oke, '. .. ~.& ~keer_ interest in both boards are pertinent. .~ What do you feel are your qualifications for.serving on the Board, Committee; or Commission requested? I~ri ~e~con, ~,'.Y, I sErved on the Human i~ela.tors Coririsson €~ helr~ed. write, its >, . , . ., 'What areas o€concern would youGke to see the Board, Committee, o/Commission address? ~ ~lsabled person ! s~ ..,needs,' ~;..~•whatever s~'ems irnnor.tart .to the ~oara, Gomr~~on or .me;' Are you currently seining on another board or committee appointed by a municipality or'a counft.y? if so, please list: ' ;. ;. ... Teo, .. .Y ~te:. -. ~ ,., 1 i L. / q _ t Signature I__CU~S~ ~.1 ~~,~~~.~~ ... ~, ~ {Please use reverse, side /oradditional comments)- ` ~ - ,., ,. , ,; ~ ,. _ (OVER) ~ ~ . REFF,RENCES Please provide three local persona/ references: Name Phone Number ~~ Dr. Clifford Le,t~~is 3~3-99'91 .' ' 2J T•Ts. Joan Coco 3~1- 4~3G1 . Ms: Patricia Nystrom. 270= 2 2 3J , .~ . - _ ~ ~ ~ NEIN HANOVER COUNTY . BOARD OF COMMISS/ONERS /~ ~ . 320 Chestnut Street, Room 305 _ - . - e Wilmington, NC .28401-4093. .. :.. , Telephone (910) 341=7149 ~ . FAX (9 tol 341-4130 - .. .. .., , ` A lic ~„ . . , pp ation for Appointment to Boards, Committees,' and Commissions ` ' Appointed by the New Hanover County Board of Commissioners. ~ ~ . ,~ ~ ~ - ,. _ , :Request `for Appointment to: ~ ~r t b r' t ~t Pq ~`~'ti- Q p "'~ r _~ _ ~ , ~~ . ~ •~ ,Name: ~Ja M e s. C S -~ `~ l ~ jam/ C r'~ sz.. . , Home, ; . , : •' , ~o'd..n~ng N w Ha . b e .. .'~GlG~~eSS: 'J ~Y o ~ o of a noVe( COJnt y? ~ H>-~.1 - Mailing Address: -. _ . „ , , .. , ., - Cit 'and: State. :~ I r»i ~, '~ . p as Y~,3 . y ~ ~i -~'~ ~ !U G Zi Code: .. ~ , r/ Telephone:. ~ Home: _~ IO - ~~O ~ - Scja~ Business: ` _~~~ - 7 ~~ - x.7,2 ~ , .; "Sex: ' "1- , . ~ •. . ~ - "R'ace: ~Gt.U c~Ji 9.~ "Age: ~ ~ . , :. ~{ 'This infomation is requested for the sole purpose of assuring that across-sectipn of the community is appointed.. "A person currently employed by the agency ~r department for which this application is made; must resign his/her position with .New Hanover County upon`appointment, in accordance with Article V!, Sec. 4 of the New Hanover County Personnel Policy.- ~. Job Title: ~r'e,I i c~C' ~ t , ... . .. .. . . Professional Activities: / YC. 'P~u,-,,., . ~Sfr~ . ~ A,~~i ~ ~o~ d~, ~~o~.~.~'7/*~ /+~G ~n-,acsr~ „' . ;. 1/olunteerActivities: 3~~ 1 =~~,;.:n.,, ~ ~~G,21-~er S6Ct~ /~~,~:c ~. GQ~ GL. INh'y do you wish to serve on.,the Board, Committee, or Commission requested? ~~~~ . ~ . .. - _- .. . .n~~dp~,~ Seri i ce~~ ~; ,~ ~-f- ; ,; r,,, e er~ ,. : . tNhat.do you-feel are your qualifications for serving on the Board,- Committee, ,or.Cominission requested? ~:~t~ ' , ~ ~ if ~ ~Y~c r-~^-4 G~ (~ ,I W! u ~ C~i~ ~ ~G ~P~- ~~0~1 ~2~1' ~ ~ Q . ~7 - ~ 1 , . ` :What areas of concern would ou.like to see the Board, Committee, or Commission address? QCCPiy, ~ -~ ~ , Are you currently serving .on another board or committee appointed by a municipality or a county? if so, please list: A/ , IY . - ,_ ~te: 4 ~, 31 ~ ~ ~ . y Signature .(Please use never e'side for additional comments)' ' - - ' - a ~ - , .: , REFERENCES Please provide three local personal references: Name ` P/h~one Number ~~ _ ~('G n k, 1 1 rl W ! ~ ~/ p.~n s / ~ / ~ cJ ~O / (y 2) ~I~n~(~ ( QGrz-2 ~~3-bass pt~.~~~ ~,, ~J / `I~ f G , ~. - 100 - a ,. . t . - ' . `.NEW HANOVER COUNTY .. ~. ~ :. .._ ` BOARD OF COM11/IISS/ONERS .~ ~ ~ . - - - . ~ 320. Chestnut Street, Room, 305 - . - - Wilmingfon, .NC 28401-4093 , . .... '° Telephone (910)-341-7149 ' - ,-. FAXl9fol-341-4130 '` ` ~ Application for Appointment to Boards, Committees,.' and Comrnuissions _, Appointed by the New HanaverCounty Board of eomrnissione~s. .Y ., .., .Request forAppointmentto: ~cNf7~;~~ ~v~~tc. rn- /"~72 - ~ ~;'~2~ fir N£x~L-(}.. _ .y. Name: ~ ~ ' ° Ce.~• /`~A-OC72- ~ . , . ` ~ 'Home ~ .. .. .. .• NowYong`have you been a `/ _ ` - Address , G~ ~. ~1 QLD FD,2` Ry Ap ~ , resident of New Hanover County T ?5. Mailing A ddress:_ ~ /~-M ~ A S A ~ t,l c" - ..Coy and State: f L /T?1N 7Z~N'. N ~ ~ - ZP Code• o~ ~~ 1 - Teleptione~ 'Y Nome:. •~D~'La ~~' ~~~( Business: I ~ - ~©~~'~ , . ..Sex: ~ ~~ LE .- , 'Race:.. ~?h i ~ •A~e: C9 ~ ° 'This inrarmef;on~is requested tar the sole purpose of essurin that a coos - 9 s-seotion of the comnwni[y u appointed. "Employed by: _ 1UL--ZJ /~i4NVV~-Y2 ~ = /~(Oty4 C:. frl ~ IC.+L:_. c-L~iT~-~- - . '!A person currently amp/eyed b y the agency or Jepertment far wh;ch this apprcetion ismnde, must resign his/herposltion with r New Nenovor Caunry upon appointment, in eccrordance with Articfa V/, Sec, 4 a/the New Nenovor Ca_unty Personnel Fblcy' ~•~ Job rit/e: (ik'EG`~~ i~~`z.Lq;~~ ~L~Q /ICCS .a .. .. . . Professional Actrvuies: ~t. K~ e LvS~~~c-tie Gc~0;2 ~l-4c~ ' ' ~ t: ~`7~1 i'~^~ ~ ~J - ~ - ' fGS VolunteerActivirres: ~„ ~~(- c_ tlr/ JN _ Sc~` . _ ~i'~~mC _ , '. Why„dv yov wish toserve~on the Board, ,Committee, or Commission teouested? :'! LTV ~, p _ ti / ~ r - ,. , - What dv~you feel are your,.quaG/icaf/ons /o~ serving on the Board, Committee, or Commission reQuested7 l.. °. - - - E OWES' - , e~ ~~~ ~- yt74/'L fyJ:J-' EL~.cwlh~~ /•U ~(11c.~.t;p. ~ z~ ~ ~ - - Whoat areas of concern wou/d ~ou ~/ike to-see the Board, Comf»ilt~e, pin ssion( ddress?~~ or t ~t - ~ - ' jj'' 1 , ,. t L-'n '~Qllq c;Nr: ~.~': /3 LL OT' fk~ie. ~-t / ~, L~S, :,, .. Are you currently serving on another board or committee a ` ppoinled by a municipa/ity or a~county) .'(f so, p/ease hsf: . ,^~ yy /V~ Oate ~ t.2 -~-....___t _ - (G/enso,user®ve a sid /ar edd;donel comments) Signa! (,~, - ..• ~~ +V+ ~ll.~LJ. (OVER) .. ' C~~ .. .. - . ~ 1998 - _.. ., ~ , ,. N~ ~N~~fR C0 - ~ ~ CO~IMISSlONE~S . _ ~ . ., . ... ., . , ,.; vL.v ~ vv 3 ~u 1 I ~ UJ ~~. UJ O REFER NCES ~ ~. Please provide three loca/personal references: Name Phone Number 1J nDr1N - ~ 1 N1t~-~vtc~ - ` `{S,~ - ~~ 21 Ro,~ ~002~ NFL ~ .~~~v . ~, r ~/ 102 a E . S ,.. ,. 6621 old Fort Road , : ~ • Wilmirigtori, Plorth Ca :. ,° rolina 28406 • .. . (91p) 686-4209' ' ; ~ ` ,. _. , ,- ~ .., .~ ,. ~. . ~ E.A. Health a;ad Physical Education ~ ~ f ,- .' Bridgewater College .. °. .. : . .. ,. - ' " ~ ` ~ ' i~i:S. Physical education . ~ : .- . .. :: . University Caf llfinois _. -. . ... ~li:~. Health Education . :. . ,~ = • ~ . ~ University of Oregon..' . , • ~ . _ ' ~ `'~ ~: •r Ed.D..Health Education ~, . - " • . . .. ~, .. ~ University of Oregt~n .. ,.. ', , ,.. ~ '~ ~~~~~~~IC)~9AL ~F%~~RI~~~~ ~ . ~~ 99"6-Present Director,',~lellness S;~o vices, i~eo~ ~1ano~er Regional C~edicai Center . '. llyilmington, north Carofira .. 19J~-9.,96 ' ~ •'' . Q g; a ~ .. ' l~Iellness Educator i~ledy Hanov.,r Re onal i~edical.Ce~#~.,r. . ~il~idgtor~, Ngrth Carofir:a " ` . ; .1993-1994 ' Health Gonsultarat, Virginia Department of Educati~~ ~ . ~ • .. . f~ichmond !/ir tnia . 5583-1993. . Direc~or, Vaifay e3,iness Center .. >~. .. - •~arrisonburg, Virginia , . a ' . ~~ .. ., , Ad;Onct Professar, James i~Radison University • ~ : ~` . . , .. ~-iarriso0k~urg, Vir~ain'sa 1967='1983. ' Professor of Physical,anci Health Edccation ~ . ~ . - ~ ~ ' ' : . ~ .; . .James i~34'9-1SOn Unl~le;'Slty; HarriSOn~3urg, Virginia _ .... 1964-9966` '„ Teacher, Arlington Co€~t~ty~ i~ubli~ Sch+aols ~ ~ ~ - , a.: }~rlington, Virginia .. . • .: , ,- .. _ ~ `~ , AD4~911y1S~'1~.~1'iVE EXPEFZIENCE E'1lanager/Director , M!ellness Services, New Hanover Regional li,~ledical Center. Founding Director of the Malley VllQNness Center in HarrisonbuTw, Virginia Developed facility, wellness programs, and administrative staucture Founding Director of Executive Fitness Class at James il~adi:~on tniversity First Director of Athletics at James I~iadison University (ibiadisata Go9lsga) SEI~~ICE/l-~~J~®RS IN ii,~I~PERD AND OTI~ER REC~~NI s BD~~S State: 1973-76 X65,007 ir3 grants fr6n~t L'~ Region~i l}~e~"ca! p:o ra:~ ~3oard 1911 president, ~~irginia Assoeia*:an of F~ealth, physical E~ii4atio~a, 1~ecreation and Dance 199u" ~'~i°~F'ERl7 Honor sward RAcipient . 1996 $15,000 Duke E:~dowrraent Grant to pay the t~°iion to Creati~;g He=;'titiei Communities Fellowship 1J96-99 $300,000 (3 year grant) Grant from The Duke Er~da~n~ea~t Nafional: 1962 Phi Epsi)on Kappa Frate~~ity . 1965-6? Experienced Teacher Fellowship in Flealth Ed€~ra#ion a# the University 1997-38 The Healthcare ~arurn's;199?-9Z3 C:°e~stia~r~ Henlt'~iar Co~n?unitse:~ 3,:.. ~allo;~'shio Pf?~FESSIt3~~A~ A~1=~1~lA i i~~S Nations! ylfellness Asvociation . American ;4lliance for Health, physical Education, Recreation and Das~~e 1irginia Association for Health, Physical Education, Recreation and DaracQ P~ 3~ESSI~i~IA~. AC'~1~'I'~'IES Served of Board of Directors for seven (7) state, rAgional and focal vclz:n~ary hValth agencies Conducted over 120 worlt~chops and preyei~taxic~^s in f;eal3h and ffnwrs fhrougl~out t1~e vtate of Virginia and given over 20c~ preser:tations to schools and co~-r~munity organ4zations. f~lsu conduc#Ed regional workshops in New York; feorth Ca€olir~a a;~d Afalrarraa ,'~ • :, ~ :, t ., ., GuesYlecfurer to over 3b classes at several universities, including .university of Virginia, ~~tce Forest University, University of Tennessee, Eastern M~nnonie university, and Blue Ridge , Community College ~ , . ~ Served as consultant irrwellness programs and facilities to over 12 clubs and hospitals in _; Virginia; North'Caralina and Pennsylvania. ~ ~ ~_ . _ ~ ~ - Served;on 23 university committees and 27 departmert'cortimittees at Jwsnes 1~ladisoe~ university Served on seven (7) graduate thesis committees at :llViu and chaired one. ~ . - ~, Served five (5) years on~the >=acuity Senate at"Jilitu. ° . , . 't ', - , . ' ,. .~t3i~eiU~BTY.Sci~V9C~ _ _ ;.. ':. ~ ~ ~ Flarrisonbura Rotary Chili, President 192-93 ,; ~ ~ ~ - ` Harrisonburg-Rockingham Coun~y Red Cross -Boar . d a# Directors . Harrisonburg-Rockingham `County ASAP Board of Directors :.Virginia Heart association Task f=orce on Health Prors-iotion at ~he'~dorkyzzv j ~' 'Statewpde Health Education advisory Cornrt~ittee Co~mon~vealth ofi Virginia's'~l4orksite l-)eaith Promotion s as~C I''orco; ~ ~ ~ ~ , . , .. ;, ~. . . ~_ Ruder; John ~J., "~3adson CoNege School Health Education Curriculutn", Yhe~Vallee~ .. ~„ _ _ .,. Educa8or,.Spring 1978. ~ ...~. ~ .. .. ,, - Rader John !s'~. aid Rose mar' Ruraamel "Co ~h ifi~ith'~xevdti~ae Str~-~ss°' P~rsonnAi J . Jo~arnai;June 1978. . Radar, ~Jol:n 1~1., °'Preverttion-Preventioca-Prevention", `Jir~inia Journal of~€~uolic ~t~alth; ~. . SPcir?g 1978. = .,: - ` rt ~ _ . fader, ,3ohn ~'~. ar~d Rose nary Rummel;:"~xec~a;lve Stress Trair3i~g ar:d Rhysicat Education",..The Valley Educator, Siring '3979. ~ ` Rader, John ~~d. and Thomas Hurt, "Virginia -Are ,,l9le E3ettar ®ff?", The Virginia Jo~~rna?, ' ~, ~ , hlov~rnber '~ 983. _ - ' . ' - ~I. Ridtard Travis and John 1/~. Rader, "Ccsm~arison of Hearth l-lkrits cif Par#iciPants and _ _ ~ D,rop C~uts'of a Supervised Adult Fitness ~rogratn", A~,Hl~~RI~ ~,aeiting,on ~Prii 9~, 1au7 in Lis Vegas, !Nevada. Poster Presentation. . ., , ~ _ H:`Fi~hard ~3ravis arir3 John ~'d, Mader, "Corn~arison of Heath #°tabits of P~,r#iciPan#:. arzd ~, - ~ Drap huts of a Su~ervi~ed r'ldul# fitness ~'rograrn", the °~irtulnia Jour^at;'v3s,*insJ 1958. ." , ,, ~. .P.~I~~REN~ES (U~®~l RE~~JES~T) . '` 5 .a .. . - ,. a P ~ - .. NEW HANOVER COUNTY BOARD OF COMMISSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9.10) 341-7149 FAX (9 101 34 1-4 130 Application for Appointment to Boards, .Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. e Request for Appointment to: Name: ~:. .-~. Q-~~ , Home ^y ~ How long have you been a Address: -~?r;~ /.~~~ ~/,~?,h"r.r_.,~!~ ~~L'-~:~ resident of New tianover County? ~,~ 7Q~z~;) Mailing Address: -h5n..,~ ~~ r.i~~7?Zl-~'__~ City and State: ~,V f~~,yv1 t.~,,~ t~_~~v ~. (~!, Zip Code: ~~ ~~~~~ , Telephone: Home: ~ ~ ~ _ ~G ,_'~~ - ~ ~:) ~~ ~ ~ Business: r'. "Sex: ~.~r~/r1~.~~ "Race: ~.~!'~~..~~.j "Age: ~'~ 'This information is requested for the sole purpose of assuring that across-s~ion of the community is appointed. "Employed b y: _ ~i~~~. n-,/~_,k~t ..~c.~ , "'A person currently employed b y the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, m accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: Professional Activities: ~' I~ ~ ~ ' ~ • ~ '~ +~ ' ~ t ' ".L/- -.1 Cam. i~ ~U /? ~~J ~.. ti r l~ v' tY~%Lur_ >r,~ ~?~~ VolunteerActivities: na.~.h '~~ •~„ ~ '~:~ -_~"c~.d ~ ~i~ ~.' r~r ~'~', ~ ~.i:.~z-~--.v L~ r~;~. ~' L~, k-r<..u= ~~ ~ t~-: ; C~.v~s ~ l_'.c->:.ar,-~~..t"~~ - Why do you wish to serve bn th.e Boardommittee, or Commission requested? r, ~ _v.~ r ,, ~~ ~~f l.%'dXi--'-L~ v'S~ ~XCI~'t~.<:J / 1 ~.1.~:,ir ._ ~ /~ vl~ ~ t :e 2~ t;.-/: 1'N~VJ+-`uw'r..r' ~.1) J:~ ,.~:~/+,i7~t.L~')/-tZ~'' 77z What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? -~ ,. ,~ n -- ,~ What areas of concern would you like to see the Board, Committee, or Commission address? ~~1,;~? i'_ ~ v,r~_ ~--~.L.L'.~-~~ ( ~?.Z~ iii. ~ . !~!_, (.1J.71 c~~..:itt:.~r' ~~!..ti ~ 1y~U, ' G~v~ f ~' ~ C`~ X' L' ~ Are you currently servtng on another boa' rd o~mmi tee appointed by a m ;.';i ~-, ~~.~ ,i ~ _ ;~ - ~ ~ OQ 0 3 1996 /Please use reverse side for additional commentsl r~,~'~~Y HANOUER CO. t C. OF COh~h11SSI0NERS ~`Q' ~ t ality or a county? if so, please list: Signature~~~; ~)~.__~/'.,t'/.%~d-~-~~ ~\--~`t'67.L~o a ,.. i~r nor lyyb~ ?4t bG 5191y1'L4JC _ ~ DR:; E. SP~IITH JEWELL , .; PAGE ©2 .. . - .x . . ~, . : ... ~ , . ISI~'1J~ H!-#NC)~/ER Ct)UI1lTY . - ~ . _ ; ,, fi . :, :~ . ~CD.,4~D~ ~~ CC]JVIIVILSS/C'N~'h?S . :32fl +Chestnut Street, ,Room 3~5 ~ ~ ~ ' `{ ~ ... _.. ~ Wilmin~tari, NC 2$4t~ 1-4093 . ` ,, ~ . ' ~ .7eisphone (9701 341-71+59 , ' - . _ ~ _. 'F.ax(sio134i-413 , " ~ ~ ` ~ , APPllcariQn for Appointment is Boards, Committees, and Ccsmmisslon.s- . - w ~Appainted by th$ New Hanover Cauitiy ~par'd of Ccrmmis~lone~s. ~' ~ _ . ~ F~oard.° of Health (Dentist } ~ : . . ~ Request for.Appo(rttment ta:; . ' WilsoYn" Q' Kell;,r Jewe11, ' D, D. S . - :. . :, Name. , b .... - .. Horne °°-• 21'01 Traor~ ~'n.;rt, Wilmington, N.C'. 28403. Haw long have you beery ~ - 27 yeax•~: . Address: resrde»r of New Hanover County? , . _ . "Mailing Address: ,' 21 R Dine ~ Grove ~ Drive - ~ . V .. , : W,~1m~x~,~ton N • ` ~ 'City e»d .State:: 5 • G • Zip .Code: ~ 28403 - 24Q1 - . . , ,: ( 10). 79i.-61'13 Bust»ess;"` (~i~) 791- ~ . Telephone. Nome:' 9 "Sex: 'Male •R~ce: Gaucas; ar "Age: 27 - ~ . ' "This infa~mation is rc+ovastad for tha cols purpasa of aaauring th$i a cr~s~ section al thrr cnmrnt+nry iy eppolitttad, ••~mployed 6 E. ;~nith. JoweLl, D.D.S- ~ _ , . ` Y- ••A pssan'eurranrly amplayod by tha t+gency a~ detp,~rrmenrfar which U+1s app/icst/on /smada, mustr•asipn hislhatposition wirh s New Nanove~ Caunry u,~?orr appointmartG in sacardurrca tvlth Artic~a Vr, 5~c. -0 of-tho New Nanavar L"aunty Porsonn3l Pb/it y, _ . .. C~:nex-~:~ Dentist ~ : .•, -.Jo6 Title: . Professional Activities: , ..'ycretaxY-~rTi]_mington ~~x i-Couri'~y T]enta3._ SpGi~tys I'r'~.~1 of T:~,.~~:~es .5'cr . __ .~ _ _ - lVolunteerActivities;. ;~~rF;. Fear Rotary Club,. Ti~.estan Dental. Clime ~- ~ . . r;: , , ; . '. .. : ... ` .. A~ art active participant :Gn : ' ~. Why do yav wisf~ to serve do the Board, Committee, nr Cammissic~» requastedl __ ~, , ____ . _ -. :organized clentistx°~: > :C •~voLi~.d dike to b~ an. impa~,~tza], repres~ntativP o~ -the dental corrantv2i.ty =; " .and ~o assist in t~~ ~) i.~~~i. decisions, reg~sd.ing the public health a~rvices df New: Nan~ver t;o~~rlt,y. a'nl~lt~[LL~.L~/SCriQ~ut.4u~,fSBx"`T~q fOn~~IcL1 13~f'dY~.1~r~~Y1~ I;OA'HrtI~~~S~Orri>~it~'~~q~`{~t~t~~n. I~. ,und~r~r_2.a; ' ship at: the V.C. c,t ::;o,-; at Eitnex, ~Workirag prafesso~a~ 11'"4 the h~a3.th field ~'1r1 2lavin,~' tivo-rk° y ... ~- n ~-l~i zert l~iat'~we~car~cerFi,~3~'~fe' you'lke io see,rhe Board," Committee, or Cemmissipri address? Genaral health anc~ ~A1.1.. being .of :the citi2ens of New Hanover Co~mty, , ". Are you, currently servins an enather bo&rd or committeE ~ppofnted by a municipeiky Qr is Gnu»ty? (f so; please list: ,. . -? Date: 7]eaeraber 2, . 1~~~~ .. "Signature .~~`" „rs, ~ - „~.. r~~~ ~."" /P/eeao erse rrvoisv aide toy -.+~dirin,>sl cammvrtsJ _ ,. _ .. ,' ,. ~ - ., oE~ o ~ :1.07 . ,., ~ - n. . :. ~._ . , . . ~ , ". -: _ ~. ~ . NEW HANOVER COUNTY BOARD .OF COMMISS/ONERS 320 Chestnut Street; Room 305 Wilmington, N-C 2840,1-4093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130, ,~ Application for.Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request .for Appointment to: o',~: C~~Go~-~ Name: Gt//~/ /~- ~i/ T. cs~~/C~'~. /~~ ~~L S Home ~ ~ ~' .. How lohg have you"been a Address: ~ ~ 28 ~~X' ~~~ /~ resident of New Hanover County? ~ ~ Mailing Address: ~ 2~ Z ~ ~~ ~UoV ~ - - City and State: /t//G-/~j//+iG/~~ Zip Code: ~,~~4 Telephone: Home: ~~q ` ~ Z~ cf ~ Business: .3~S=s".'S ~S "Sex: ~ ~ "Race: ~- "Age: ~ Z . •This information is requested for the sole purpose of essuring that across-section of the community is appointed. » »Emplo yed b y: ~ ~~/C_-'~C~' ~ '.. ~.S 0 G/ ,Li /Z7 " "A person current/y emp/Dyed by the agency or department for which this app/ication is made, must resign his/herposition with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: ~~~ AEG%~~ Q'~/ ~'- Professional Activities Vo tun t e er A c ti.vi ti es: Why do you wish to serve on the Board, Committee, or Commission requested? T i5c_ ~ ~~'~= ~ G,r1--x~ _,~Z~ ~~ C~u~I-`/ D~`~-L WiTI~ ~~ ~~i~L~ f C~~Ti,i~~e-~J G~c~T6z What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? ~/~j ~~~-~-~-~ What areas of concern would you like to see the Board, Committee, or Commission address? /j'`~S~'z1~ Are you currently serving on another board or committee appointed b y a municipality or a county? if so, please list: /v ~ (~~ r.., 1 ~ ~' L5~ D~tO 8 l z'/Z // (~ ; ~ Signatures/~ ~ ' ~~~~C~` -- lPlease use reverse side for add~tiona! comments) DE( 0 ~ ~/~~ NEYY HAN4UER CO. ~~~'. OF CONi~Y11SSI0NERS REFE'REIVCES P/ease provide- three local personal references: Name Phone Number ~~ Dr. Frank A. Snyder 762-4600 2) Mrs. John~Canada 686-9490 3J Mr. James Boyce 686-5566 r"\ a'~~ r n: Sa~~~ ~Z y NEW HANOVER COUNTY BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28409-4093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130 App/ication for Appointment to Boards, Committees, and Commissions Appointed by~th~e New Hanfover County Board of Commissioners. Request forAppointmen~ to: ~ `J ""n~~~t- t"`-~--C°~ Name: Jtr~"L~-~c Home ~r Address: ~,~ b ~~ f Mailing Address: -; ~~~~, How long have you been a resident of New Hanover County? City and State: ~-~f ~,':~.~ ~!~ ~ nn ~ C : `~ G ~ - (V. Zip Code: ~ ~ ~ 0 / Telephone: Home: CI l ~7 ` / C7 3 -~ ~' ~' ( t~ Business: *Sex: ~~ *Race: ~~-f'; .- ~C~~??, *,qge: ~,'Z' 'This informa~on is requested for th'e sole purpose of assuring that across-section of the community is appointed. "A person currently employed uy the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article V/, Sec. 4 of the New Hanover County Personnel Policy. Job Title: /y_ L' ~ r,~.r ~' .-~`~. `, t'~-~~, ~~ ~~ .. Professional Activities: Volunteer Activities: Wh y do you wish to serve on the Board, Committee, or Commission requested? LL ~? ~:~-t~l ;~Y ~t~: ~~~~~ ~,~~ ~ y7~;-ti~'b-'w~°j /:J"`G`~i ~" ~.-r'~"'`"' .~'f[d=f t-1~:.~ ~L~Ls~. n-~.'2.t;v~-:~-c~S Zip L {~. ~ .~Li.-yt~~- t do you feel are your qualifications for serving on the Board, Committee, or Commission requested? ~~^.:~-~~' ~ ~~ `;~~'' ~1..~ C'.~~ p C Lam. ~1.?-,, ~. ~_~-~.~.~...~~~ ~~-~-~:;~~ What areas of concern would you like to see the Board, Committee, or Commission address? ~~-~ _ , _ ,. ~~ ~~ n cJ~,.~:' (~ ~~~. il`'~`'~,-~~. ~I~L ~ ~.,5 ~l ~L.--~-L`'.( u;~`-c-.F' ' `~" l,{.l ,Z- ' ~ nom, Are you currently serving on another board or committee appointed by a municipality or a county? if so, please list: ?\' `) Dte: `22/~Ye ~ 1_~ r ~ (Please use reverse side for additional comments) Signature'.) ~~ ~ ~ .~ a REFERENCES _ Please-.provide three local personal references: Name Phone Number . 2) ~6%i 1 ~7~C.C~~~-~1~~~ /, ~ ~, ~ ~ ~.. ~, '/ ~~ 115 a NEW HANOVER COUNTY BDARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9 101 34 1-7 149 FAX (9 1 01 34 1-4 130 l1Ul~~~l1 U L5'~J APR p 1 1004 NEW Fad,"!r ._ QD. CF C~ Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: ff(.tN(~4-rV ~~'L~4-'~! acv S Co~tr-t C55 t o~J Name: g~.v~-,4.,~-i /N ~ (~~ (G-1-f I .. Home How long have you been a f Address: s(y Z G£-z_~. tn,r E ~ i ?~`fy q resident of New Hanover County? 2- ~z fit? . Mailing Address: S(O Z- C~EZ[-!~ E C~rzc_~ T- City and State: !~/Lr-f tnTG--r-'owl /tlG- Zip Code: ?~`f o 9 Telephone: Home:~IID • 7 ~ ! • 783 3 Business: 9fo • ~'9. 599 0 "Sex: /~ "Race: c°_.4-t,( c~t-5 f.4ry "Age: Z9 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. * *Emplo yed b y: Gr4-trr~ Goo ~/N',4 ~'-tc TfJz_S , /,~rC- , "A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: 1/(LE P2ES f DC~f T Professional Activities: IN G~-i~4!~(s~E 4F SAS t l`?~4~2KE~iN(r ,~vp Qw4-c_~~r-y Volunteer Activities: _G~JfLi`~tfitlG~drl /,.LEST l2aT~4-{may C~u.g 5 ~ S,q-,~tEs (-tzswtE-~~ss ~~~.T~ Why do you wish to serve on the Board, Committee, or Commtssion requested? ff~4'V(tJ6- GtfoS~~.) (~t1! LM //VGTa-~~1 rQ5 77"f~ G(T~/ ~nl G~ H-'! Gff- ~ ~' (S C /~'t. ~/ ~i41`i / ~-y ~ ~ ~1-M l./~1- ~'~ T•~~ l~ f"~-~1 /U G' 7b /"~f~~Ct /V~~/ l-fftil10V~1~ Cdt.C~l T~-J ~ ~3E T'TE~_ GD M r-t.fit ~ / ~ , What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? ~ ~1 ~4- ,Q.~S r ~ is ~ i o t= rv£-t,~1 (-~~-~r 6 vim- Ca unr ~ ,~ o (n.~s ~a I of ~ ~v r nr~r .4yvD S u PPo~ T7 r~~r -7-tf~ B o rt-~ p O ~' C~ r-t i`-t l S s f o N~2S . What areas of concern would you like to see the Board, Committee, or Commission address? .~ ~~ /yU PRA - mt: T-~M~.~~y ~~-~ ~~- >~ Try F(-u~,~-,~r teE~---~~-s c~~ f s~ o~ . Are you currently serving on another board'or committee appointed by a municipality or a county? /f so, please list: 3 /99 _ Dat~: ~ ~'"`'~~ / ~ 9 Signature /~,(_ ~ ~~/~~~~(~ (P/ease use reverse side for additional commentsl ~ , REFERENCES Please provide three local personal references:. Name Phone Number 2) ~E ~ 5Q u r 2~5 ~ 2.56 = '7 8'c{ ~ r . ~ (JJ ~ t Q ~,T" J COMMITTEE APPOINTMENTS ZONING BOARD OF ADJUSTMENT 2 VACANCIES 2 ALTERNATE VACANCIES APPLICATIONS Peter Michael DeVita C. Edward Muckey Dana E. Page Irving "Rod" Smith ALTERNATES Dallas J. Brown, Jr. Randy Crow Attachments: Committee Information Sheets Applications 118 ELIGIBLE FOR REAPPOINTMENT X X X X b ;~ NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT. Number of Members: 5 lus three alternates - P . Ex-Officio: Planning Director - , Term of Office: three years ~ , Regular Meetings:. Fourth Tuesday of each month at 5:30 p.m. in the Assembly Room, County Administration Building, 320 Chestnut Street. ' Compensation: $20.00 per member per meeting plus auto mileage Statute or cause creating Board: N. C. General Statutes 153-A-345, 266.17. The Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to be appointed from different areas within the County's zoning jurisdiction. Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were possible for the legislative body to write a perfect zoning ordinance which would meet the needs of the community while at the same time avoiding hardship in individual cases, there would be rio need for this board. Because that has been found near impossible, the Board of Adjustment has been introduced as an integral part of almost every smoothly operating zoning enforcement mechanism, serving as a "pop-off valve" to relieve pressures resulting from hardship cases. • In New Hanover County, the duties of the Board fall into two general categories: Interpretation and Granting.Variances. Interpretation: The function of the Board of Adjustment which is most closely similar to that of the courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations, and, if necessary, (c) correcting any mistakes or abuses of discretion which the Building Inspector may have made in administering the Ordinance. In exercising this power, the basic principle for the Board to keep in mind is that it must not vary the Ordinance. Its - function here is to interpret and apply what the governing body has written, not to vary that ~ . legislative pronouncement to ~ fit its own ideas. Its decisions must be in accord with what the Board believes to be the actual meaning and intent of the Ordinance. Granting of Variances: General Statute. 153A-345(d) provides that, "when practical difficulties or unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in. passing upon appeals, vary or modify any regulation or provision of the Ordinance relating to the use of land, so .that the spirit of the Ordinance is observed, public safety and welfare. secured, and substantial justice done". Basically, a variance is a permit, which the Board may grant in certain situations, enabling a - property owner to~ make use of his property in some way which is~ in conflict with the literal provisions of the Ordinance. Sometimes a lot so small or so peculiazly shaped that the owner would have great difficulty in complying with the yard requirements and yet erecting a s i bl ~~ NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT (CONTINUED) building. Sometimes contours of the terrain are such as to create hardships in complying with these requirements. Sometimes the lot is located in a cluster of nonconforming uses which will prevent the owner from securing any reasonable return from his land if he complies with the Ordinance (as where a lot in a residential district is surrounded by nonconforming business structures). When the Board grants exemptions from harsh provisions, it, is "granting a variance. " Finally, it should be noted that there is a good bit of "law" connected with the duties and responsibilities of the Zoning Board of Adjustment. This is ,understandable, however, when one considers the importance of its decisions which expand or limit property values. These are issues which must not be dealt with casually or arbitrarily. The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by Michael B. Brough and Philip P. Green, Jr. CURRENT MEMBERS TERM PRESENTLY SERVING Jeffrey R. Bellows First 5419 Beretta Way Wilmington, NC 28409 (Appt. unexpired term 2/17/97) 392-2337 (H) 343-6231 (W) (Appt. 11/23/98) ADO ~et~er (Michael DeVita ,.~~/Q-vt-~ -3~~ Point Road First Wilmington, NC 28409 /4.~ o i (Appt. 11118/96) 392-4641 H () Larry W. Flowers First 5629 Oleander Drive Wilmington, NC 28403 (Appt. 11/18/96) 350-0178(H) 763-5411(W) ~ (Reappt. 12/8/97) Fred Floyd Second 802 Pine Grove Drive Wilmington, NC 28409 (Appt. 11/20/95) 791-5060(H) (Reappt. 11/23/98) Irving "Rod" L. Smith First 316 N. Hampton Road ~ '~~ Wilmington, NC 28409 ~~~ (Appt. 11/18/96) 395-2413(H) 791-3313(VV) TERMS EXPIRES 12/1/2001 12/1/99 12/1/2000 12/1/2001 12/1/99 ~~ 120 NEW IIANOVER COUNTY ZONING BOARD OF ADJUSTMENT (CONTINUED) ; . . TERM PRESENTLY TERMS CLfRRENT MEMBERS SERVING EXPIRES ALTERNATES: ,~ .Randy Crow. 2119 Gloucester Place ~~,o.vz,e~ First ~ 12/1/99 Wilmington, NC 28403 (Appt. 2/.17/97) .763-0029(H) Tames Webb First 12/1/2001 1105 S,° Haymarket Lane ' Wilmington, NC 28412 (Appt. 11/20/95) 452-5814(H). ~ (Reappt. 11/23/98) Dallas J. Brown, Jr. ~ First - 12/1/99 !~ Do 3 <~- " Wilmington, NC 28403 p S (Appt. 12/16/96) ~9 3 - ag~~ - 2/98 file: \Zoning .. ,_ NEW HANOVER COUNTY BOARD OF COMM/SSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. .J Request for Appointment to: _2 b /~/ /(~ G___ ~ p /~ iZ ~ ~ C= ~ ~ \ U S ~ /YL ~="1~l ~ < Name: ~~ Tt~2 ~'\. ~ C l-~ ~4 E L~ ~S (_ V t ice, Home How long have you been a Address: c(-] P ~'t~ L ~.-.-~. ~- ~.~ resident of New Hanover County? Mailing4 ddress: rj /~ M L City and State: ~~ ~ ` ~,,,` ~ „~. ~~-~-r,,,~ 1~ {'~ Zip. Code: 2- g ~-O Telephone: Home: Gj ~ U 3 ~ ~ ~}- (o Q- t Business: ~ c~S i N G'S S S A-~-~ S . *Sex: Yv1 *Race: c~J *Age: S ~ 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. **Employedby:~ G ~= ~L~ S i~7~~~2 S "A person currently emplo yed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. JobTitle: ~ f~[_~ S Pro fessionalActivities: (~ US/ NC~~S ~ ~Sc>~T~~'i-T VolunteerActivities: v Why do you wish to serve on the Board, Committee, or Commission requested? v/ L:~. What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? What areas of concern would you like to see the Board, Committee, or Commission address? Date: //- ~~ ' l`~ `~ ..., (Please use reverse side for additional comn`p'entsl~ ~~~~ ~ ,~ 9/a-9/q .~ : . 0 _: b Are you currently serving on another board or committee appointed by a municipality or a county? If so, please list: NEW HANOVER COUNTY BOARD OF COMM/SSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (910) 341-7149 FAX (910) 341-4130 Application for Appointment to Boards, Committees, and Commissions " Appointed by the New Hanover County Board of Commissioners Request forAppointment to: Zoning Board ofAdjustment . Name: C. Edward Muckey Home How long have you been a . Address: 907 Roswell Glen resident of New Hanover County? 1 + years , Mailing Address: Same City and State: Wilmington, NC Zip Code: 28419 Telephone: Home: 910/313-0240 Business: 910/256-8700 *Sex: Male 'Race: Caucasian *Age: 48 'This information is requested for the sole purpose of assuring that across-section of the community is appointed "`*Employed by: SHARPS Architecture, P.A. "A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: Architect Professional Activities: Licensed, practicing architect Volunteer Activities' See attached sheet. Why do--°you wish to serve on the Board, Committee, or Commission requested? !n the past, 1 have always been active in my community. !believe it is the right thin to do. What do you feel are your qualifications for serving on the Board, Committee, or.Commission requested? 20+ years as an architect presentin zonin cases: What areas of concern would you like to see the Board, Committee, or Commission address? 1 believe in a logical, sensible, professional approach to plannin and construction. Are you currently serving on another board or committee appointed by a muncipality or a county? - If so, please li, Date: f-- --12`3 REFERENCES Please provide three local personal references: Name Phone Number 1) George Barbour 910/792-1040 2) Don Woods 910/395-7814 3) Phil Sharpe 124 910/256-8700 b Ed Mackey Civic Involvement City of Agoura Hills, CA • Architectural Review Board • Urban Re-Development Board . • Lake Lindero Community Association • Design Guidelines Committee Board of Trustees, Ronald McDonald House, Children's Hospital, Los Angeles, CA Certificates of Appreciation from • State Senator, Ed Davis, California • City of Agoura Hills • Lake Lindero Community Association • County Commission, Los.Angeles County, CA City of Branson, MO • Building Code Appeals Board - • Mass Transportation Authority • City Water Conservation Committee • Building Code Adoption Committee Board of Trustees Habitat for Humanity Board of Tnistees Hope Unlimited Foundation Board of Trustees Branson United Methodist Church Architect of Record, Boys and Girls Club ~' - \\SVRI\Common\DATA\TIMESHT\Ed\Data\Stuff\Civic Involvement.Doc 5 ,_ ~'~ NEW NANO VER COUNTY - ~' ~~ BOARD OF COMMISSIONERS ~ ~ y ~~~~~y\, 320 Chestnut Street, Room 305 ~ D~ Wilmington, NC 28401-4093 Telephone (9101 341-7149 ~~ FAX (9 101 34 1-4 130 ~ ~` App/ication. for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Re nest for A ~ ~~ ~; ~ ~^ ~!~~ \~ ~` ~~ q PPointment to: ~J ~ ~ ~~~( .J~ ~t ( +~.:~ 1~ .~ Name: _ Home Address: ~~ ~ ~~~~ ~~ Mailing Address:_ ~''~ ~-~ 'I How long have you been a resident of New Hanover Countyl ~. r y~ l ~~ City and State: ~~~ ~ ~ N/~~ I~ ~>!{ II ~~~ 1 ~ 'r Zip Code: ~~.~. ~=.~' ~t/1 -.%~ (~~ ~r ~ Telephone: Home: Business: ~ ~ *~ .~%`l ~^- ~ ~ ~ ~- ~~ ~ _~ , "Sex: "Race: 'Age: _ '"f- "~ 'This in(ormetio is requested fort the sole purpose of assuring that across-section of the community is appointed. ..Employed by: ~ ~~' ~ I ~.~ it ~'~~ ~~1~:~~'~~~-1 ,~ ~; ~ ~~j I ~, . "A person currently employed by the agency or deperltnent for'which this application is made, must resign his/her position with New Hanover County upon sp ~r.'rrror.t, t accordar•,ca :,;;/; Artida Vl, Sec. 4 c,` tha ,N~w Han; vet County rarsoni,al Policy. Job Title: 1 ~'(_ "' ~ ~- .~ 1 I, 's- Professional Activities: ~! \~ ~-~~ Y `( }'"'r-~t'r-~--~•`~~''(~ ~~~:~ `1 VolunteerActivities: ` ~ ~~ -~.'~r`--~, ~. Wh y do you wish to serve on the Board, Committee, or Commission requested? ~+--~-' {~~} ~~ ~ I' I ~ j,-'~~~~ ~~~~`~ ~ \ l; ~ ~ ' !~ S ~ ,9 \/ ~ <1 ~~r ~~~~'~ ~ !'^ 1~ ~'i\ f`/ ~~' ~~,~3~~j~ f ~.''~ , ~~~ fit ' I ~~ i ~~ What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? i - ~ ' r'~ ~ What areas of concern would you like to see the Board, Committee, or Commission address? ~wr,~~~~ ~~ ! 4 ~ r /~~~(J~G%; ~r~~ f~ ~;, ~`~ ~/~- ~~ ~~ .~/~,~U.r1 ~" '"r1/e.~ H ~y. ~, ~ ~} ~rr~ .~ ;, t ~) Are you currently serving on another board or committee appointed by a municipality or a county? if so, please list: f~(~J f ~, i / ~~ 12~ ~, ~ ~~,~~~~~ Date: Signature (P/ease use reverse side for~edditiona/ commenlsl ;,~ ~~~_:_ ~~~ ~, ~; , D '~ (OVER) b DANA EUGENE PAGE 410 John S. Mosby Drive Wilmington, NC, 28412 Telephone: (910} 392-1734 EDUCATION. ' MBA Degree UNC-Wilmington 1990 BA/Biology UNC-Chapel Hill 1977 {significant courses in taken in chemistry also) GPA: 3.7 Graduate' Ford-Training Institute. Graduate Xerox Professional Sales Courses I & II EXPERIENCE December.1983 _ Chief Operating Officer to Present Port City Diagnostics, Inca Wilmington, NC In charge of all marketing and materials management for small laboratory supply company. Purchase and negotiate prices on all 250 products inventoried, arranged drop-shipments from manufacturers to customers, inventory management to assure that .inventory levels were sufficient to meet expected sales demand, received shipments of products, timely shipment of products to customers. Made appropriate use of quantity discounts or. products and arranged just-in-time deliveries.. of products: Marketed the various products sold to researchers, hospitals and doctors offices throughout a thirteen state service area. June 1979 - Marketing Representative December, 19,83 Columbia Diagnostics, Inc.. Springifeld, VA Direct sale of over 100,000 products representing over 40 manufacturers of laboratory related products. Was. top performer for last two years. Over 4 1/2 years increased sales so significantly that the territory. was divided three times. Worked with warehouse staff to assure that products were available and could be shipped as soon as possible. OTHER ACTIVITIES AND INTERESTS Life Member UNC-CH General Alumni Association Past President T-40 Association Founder and-Past President of Wilmington Tiny Business Network Co-President of Pine Valley PTO 1993-1994 Precinct Chairperson 1991-1994 New Hanover County'~Zoning Board of Adjustment 1986-1990, Chairman 1990 New Hanover County Human Services Allocation Advisory Committee 1.986-1987 i~ew Hanover County Community Based Alternatives Board 1984-1986 New Hanover County Visitor/Tourism Committee 1985 Dare, Inc. Board of Directors 1985,86 ~ _ 1 2 . .1 b NEW HANOVER COUNTY BOARD OF COMMISSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 . Telephone (9101 341-7149 FAX (9 1 01 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: Zoning Board of Adjustment Name: Irving "Rod" L. Smith, Jr. Home How long have you been a Address: 316 North Hampton Road resident of New Hanover County? 14 years Mailing Address: 316 North Hampton Road City and State: Wilmington, N.C. Zip Code: 28409 Telephone: Home: (910) 3 9 5 - 2 413 Business: (910) 7 91-3 313 "Sex: Male "Race: Caucasian "Age; 3 8 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. ""Employed by: I - L • Smith Construction Co . , Inc . • •A person currently employed by the agency or department for which this application is made, must resign his/herposition with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: Vice President/Owner ,. Professiona/Activities: Licensed General Contractor, Property Development Vo/unteerActivities: Little League, Baseball, Cape Fear Youth Soccer Association Why do you wish to serve on the Board, Committee, or Commission requested? To become more involved in the operations of our county which would allow me to gain ,first hand experience and knowledge. What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? With a background in General Contracting and. Proper-ty Development I have a working knowledge of zoning, stormwater and landscaping requirements. What areas of concern wou/d you like to see the Board, Committee, or Commission address? I would like to see the board insure proper' buffering requirements between issimi anuses and that the party requesting a variance provide that buffering as a con ition o t e variance. Are you current/y serving on another board..or committee appointed by a municipality or a county? if so, please list: NO ~~c~l ii[T Q 4 128 Date: October 1, 1996 /Please use reverse side for additional comments) b / NarvovFR co. -~ Cu^rp~~SSIONERS ,~~ ~ Signature ~ ~..~_~~ 1996 " ~ ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (910) 341-7149 FAX (9 101 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request forAppointment to: Name: ~ l ~ CAS ) • ~vw~-, fir-. Home Z~~~ 3 How long have you been a Address:. ~ ~/0 1 1,~,, ~.S~,Ye ~w~~ ~ ~~- . f2 resident of New Hanover County? _ ~ ~ ~~ Mailing Address: ~~01 J,.~, ~SLi,'re ~w~Q ~ Z~ 3 ' City and State: fti ; ~~ ; ~ r, ~ h . , /~ G Zip Code.' ~ ~ ~C~3 Telephone: Home: <f /o~ 7~ .~- S D ~ / Business: ~ri~ ~ ~6 - ~6 S b "Sex: ~ ~ ~-~ "Race: /M'~ic"Ar lT/rlP_~ I ~r~;., "Age: 3.~ 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. ..Employed by: ~~~~lPl'~ ~ !~/I~~LA ' • '/a person currently employ agency or department for which this application is made, must resign his/her position with New Hanover County upon appointmenft, in accordance/with Article Vl, Sec. 4 of the New Hanover County Personnel Po/icy. Job Tit/e: ~ /~S lC PG S / n o (ifh S ~,.-~~.~- ~, Professional Activities: Volun Leer Activities: " Why do you wish to serve on the Board, Committee, or Commission requested? ~S ~,~i r~~,~~ ~~~yt ~1~~~ O~ ~! e, l~ 1~i`i ~G-~ ~ P ~ (l~/J~Pt4i S~~ ~r aas ~ ~°CJ ~ 1 (/~yl . ~~' ~~ A'~Cl'r ~/On . / ~~~ (G~~ 70 / ~ ~~~i ~- cL/i~/,G~e~~i~r, ~ O ~0~~//~~ CY~1~irCP1 What do you feel are your qualifications for serving on the Board,OCommittee, or Commission requested? ~~ ~~-n~,o~g~e ~Y fd'~~~ G~ G~ ~~~~, ~r, 7~eS2Lt ~~r~r~ is Jtnrf~ ~~ G~///~ What areas of concern would you like to see the Board, Committee, or Comml'ssion address? lam, ~er_- C/~c, ~~P v, ~,~( Are-you current/y.serving on another board or committee appointed by a municipality or a county? If so, please list: - ~ -~ ~' ~ Date: _ ~~3 ~~~C !Please use reverse side for additional comments) SEP 2 3 i','a Signature b NEW HANOVER COUNTY BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9 1 01 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County-Board of Commissioners. Request for Appointment to: Name: Home 1 How long have you been a Ado; ass: ~:1 ti ci ~ , G ~~. G~ S ~ t'~ ~ ~C~c~ resident of New Hanover County? \ `:~ -~~ Mailing Address: 5<~~,~~ ~ ~ ~i1~ ~_ ~~~ City and State: W ~ ~, ~y~ e n ~~~ p-~ Zip Code: ~ ~, ~ ~ p ~~ Telephone: Home: __ '7 (, ~ ,- L ~~ ~ c~ Business: "Sex: 1v~0.1 £- "Race: \~: h ~ ~ E-- "Age: .~~ Z . 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. ".'Emp/o yed b y: `~' ~ v~ ~ ~ r~,~ ~ ~t ~ ~ a ~- c"~ i ~- ~ 4'r~ +t) 1 l ~ ~ P ~~ •'A person currently employed by the age\icy or department for which thrs appGcahon is made, must resign his//~erposition with ~ New Hanover Co funty upon appoi~,.ment, in accordance with Artic/e Vl, Sec. 4 of the New Hanovsr County Personnel Policy. ~_ Job Title: {, ~ ci r1 E~ ~~ G=~ ; C ~'~~ Professional Activities: _ VolunteerActiviti~ ~~ rY\ G .c c.:~=fir, ~, Why do you wish to serve on the Board, Committee, or Commission requested? j ~~. c- 4, ~. ,~,, .n ~ < t ~ -. ~^~ ~~- \ v\ ~I~ i ~ w~ ~~ f1 `~Gwi ~ S 5 i1 ~~ M ' {iln, n (" i Y1 ~- s ~ Kee t ~ fi ~~- c~ ~~, t ;.~ ~~ ~,~ ~ ~"~' ~ e ~~ E-v:~f r~ lt~ ~ What do you,feel are your qualifications for serving on the Board, Committee, or Commission requested? What areas of concern would you like to see the. Board, Committee, or Commission address? - ~=~ F 61 ~ ~..~. LI E" : ~ i~ t ti~ C v~~'~ ~ ~ l~ Are yo~u,current/y serving on, another board or committee appointed by a municipality or a county? if so, please list: l~~ .~ Date: ~ ~ --"~ -~} ~ NOU 1 2 ~~ Signature r. ~ ~.,-~ (Please use reverse side for additional comments) b 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. Election of Chairman and Vice-Chairman Water and Sewer • District ~ re•e,~ - 2. Non-Agenda Items (limit three .minutes) 131 3. Approval of Minutes 133 4. Approval of Capital Project Ordinance -Well Field and Water , 135 Treatment Facility Engineering Contract #99-0395 = W.K. Dickson and associated BA #2000-12 ~h 5. " Release from Contract; Contract #96-0452A, Carolina East Developers 137 . ~ Arrondale Subdivision ADJOURN • • .~ . 131 ~ {This page intentlor~allyleft blank} 132 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ® REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: .Approval of Minutes BRIEF SUMMARY: Approve the following sets of minutes: Regular Meeting, October 4, 1999 . Regular Meeting, November 1, 1999 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of minutes. .FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGE`R~~COMMENTS AND RECOMMENDATIONS: Approve mi ~~U~ COMf~I~I~ APPROVED L, ;: REJECTED D ~ ~' REMOVED O PO~TC'Ci\ED ^ -33 a { Thls page Intentionallylefthlank} 5' 134 •~ NEIN HANOVER COUNTY BOARD OF COMMISSIONERS •, : ' ` - ~ REQUEST FOR BOARD ACTION _ ~ ' ' :_ , ". Meeting Date: 12/06/99 .° . y _ _ " Water & Sewer Item #: 4 Estimated Time: Page Number: ,:. ` ::Department:Water & Sewer District Presenter: "' °,- `. . - : .Contact: Wyatt Blanchard .- ~ ~ ~ .: . _ ~ - ~. SUBJECT: - `" ': Capital_Project Ordinance-Well Field & Water~Treatment Facility `~ ,. .. . - , .. • .~ Engineering Contract Number 99-0395'--W.K. Dickson. . - :. BRIEF SUMMARY:: ~ . ~-. Commissioners are requested to adopt the. Project Ordinance to establish the Well Field &-Water _- • Treatment Facility Capital Project. • • r At a~previous meeting, August 16, 1999, W:K. Dickson was selected to provide engineering services for ttie proposed wellfield and water treatment facility. Staff was directed to develop a,scope of work and ` , . negotiate a contract with W.K. Dickson. ~ . ' .. , . • .. ,. a. . .. , . Attached is a -copy of thescope of work from planning through •construction of the proposed project As . ~ indicated, the engineering cost for the pre-design phase is $151,950. The pre-design phase will provide the: preliminary design and cost of the, entire project._ This is the amount thaf is being budgeted at this time to establish the capital.-project.. - • • f.- ~ °~ Each,-phase of the engineering project will be presented forapproval by the Commissioners. RECOMMENDED. MOTION AND REQUESTED ACTIONS: • Recommend adoption of the Capital Project Ordinance; request authorization for the Chairman to sign the ~'. ordinance; request approval of associated budget-amendment #20:00-12; request approval of the • engineering contract in the. amount of $151,950; request authorization for the Chairman to execute the ._. a ~,: confract... •. • .~ :. • . ,. - FUNDING SOURCE:- ' ' • , - Water/Sewer Fund Balance ~ .°. " ,. ATTACHMENTS: ~ .. `: , .: <; ,:• Cpwtrtmt.vvp ba#2000-12.w _ - .,. . REVIEWED BY: CEGAL:- ~ FINANCE: Approve BUDGET: HUMAN .RESOURCES: N/A . ~ ," _ ~~ ~~ • COUNTY°MANAGER'S C ENTSAND RECOMMENDATIONS: .APPROVED ®-~-- - ~ Recommend approval. . ,. R . . ~ ~ EJECTS® , ~, REMOVED C~ COMMISSIONERS'ACTIONS/COMMENTS: POSTPONEp .p1 3 5. ~~~. .. ,. ~ ~ ,•~ , HEARi7 f~7 , ,. .. /_~ ~. - .. . r . .r . PROJECT ORDINANCE" WELL FIELD AND WATER TREATMENT FACILITY BE IT ORDAINED, by the Board of Commissioners of the New Hanover County Water and Sewer District: 1. New Hanover County Water and Sewer District (District) is engaged in the Construction of the Well Field and Water Treatment Facility, which capital project 'involves the construction and/or acquisition of capital assets. ~- 2. District desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the"completion of said project. NOW, THEREFORE, WITNESSETH THAT: ' 1. This project ordinance- is adopted pursuant to North ~. Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Construction of the Well Field and Water Treatment Facility, which project is herewith authorized. 3. The. revenue that will finance said project is: Transfer from Fund 800 $ 151,950 -Total $ 151,950 4. The following appropriations necessary for the project are herewith made from the revenue listed above: ~~ , 4. E~~7'; Capital Project Expense $ 151 950 '~fi~'~i~~'u~ Total $ 151 950 i ~, '~`~~ ~~ 135a NEW HANOVER COUNTY -BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting Date: 12/06/99 Budget Amendment DEPARTMENT: Well Field & Water Treatment Facility Capital Project/ Water & Sewer Operating Fund BUDGET AMENDMENT #: 2000-12 ADJUSTMENT Well Field & Water Treatment Facility: Transfer In (from Fund 800) Capital Project Expense Water & Sewer Operating Fund: Administrative Reserve Transfer to Sewer Capital Projects DEBIT CREDIT $151,950 $151,950 $151,950 $151,950 EXPLANATION: To establish project budget according to Capital Project Ordinance. At this time, staff is only budgeting the engineering cost for the pre-design phase. The pre-design phase will provide the preliminary design and cost of the entire project. Each phase of the engineering project will be presented to the Board of County Commissioners for consideration and approval. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Ofi Commissioners ~~~o -- a~aovED .~ .REJECTED ® :.,::'t REMQVED 1 ~ ~ HOEARDONED Q C~_ ~``~ ®ATE , -I_ i b - `: NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~;;'' - .. ... ~; ' ~ ~ REQUEST FOR BOARD ACTION ;. Meeting .Date: 12!06199 ~°• ~VVater "& Sewer- Item #: 5 Estimated. Time: -Page .Number:- '~ .. ,.., . • - ° • " Department: Water&.Sewer District -,Presenter: Wyatt=E.~Blanchard ~ ' • ~. `• ° `> .Contact: Wyatt E. Blanchard SUBJECT:. .. ~ . . ~ Release from Contract ,° ' :.. Contract #96-0452A ~ . , ,. - - , .Carolina Easf Developers -Arrondale Subdivision: ~ ` ' . • . ~ •,- • .. - ,,•_ . `- BRIEF SUMMARY: " Carolina. Easf Developers, Landmark and the District entered into the referenced contract to construef -. • _ _ .13,200 feet of sewer force main along River Road from the Lambs Bluff Subdivision to the Mott Creek - - " ~ `pump station: Carolina East had received a budget figure of X100,00.00 from a contractor for construction . . ~. ., of the project. Knowing this; the contract was set up for each developer to pay $20,000-and the District ~' ,~-pay $60,000 toward construction.. Any cost above $100,000 would be divided proportionally among;the_ ' . parties. When bids were actually received, the cost~increased to almost $300,000. This was mainly. due ~' to.construction-requirements~by CAMA:. - - - , . ; `.. - -" -Knowing this situation, Carolina East is .now asking to be released from the.-contract and .have agreed to ,~- ' forfeit their $20,000. They .have indicated they cannot financially afford to pay the' increased';cost. • s - Attached. is a copy of a letter from-the Carolina East attorney. T.he remaining portion of the Carolina East development (Arrondale) has been sold. . The force main will. serve the south western portion of the County; including the Veterans Park Schoo(site: ' - Landmark had previously sold the prope"rty,~which they planned to develop, to the County for Veterans - - Park:. With~thesale of.the property, Landmark agreed to allow the District to retain their $20,000 - • ° contribution, ~if released from, the contract: Landmark wasreleased~at an.earlier Commissioners meeting. ' The Districf is proceeding.:with the bidding, of the force main to assure that it is in place prior to the ` ~ Veterans "Park School being complete. This force main will also redirect flow from The Cape wastewater treatment plant, which is .private, to the Southside wastewater treatment plant. ' .~ . .. _ ~' •. ,. ~~ , A map is attached for your information, . .. . RECOMMENDED MOTION AND'REQUESTED ACTIONS:. ~ ~. ~ - . Recommehd the request be approved with the condition that aR remaining property, which has not _ . .received final plan approval, shalt pay a development fee of $450.00 per residential u~riif. • . . , .. _ FUNDING. SOURCE: - , .: -_ ~ NA - 'f . - ATTACHMENTS:' , • .. ~OU4~Y ~ ~ . Letter " • •APpROVE®. , ~ ~.,ny. ~ . , Location Map ~ • _ _,. ,,REIECTE® ®~ REVIEWED BY: - .REMOVED r, ', Pp ~. -', ., LEGAL:. FINANCE: A rove BUDGET: N/A ` HUMAN RESOURCES: N/A'JSTPONED ^ ~; .~ . s ., , liEARi~ !Zf (~ - DATE .. ` COUNTY ~VIA'NAGER'S COMMENTS AND RECOMMENDATIONS:. ' M° , "v Recommend approval. `~..y COMMISSIONERS' ACTIONS/COMMENTS: ~~~~~ 13 3 ~ k : ~ ~~ ;~~, fJ .. :• .. J - ~.. „.- . ;. :. - ~ .. ~, . - - i .. . . ROUNTREE & BEAGLE, L.L. ATTORNEYS AT LAW ~ I MAIL7NC ADORES Jr HAROLD,SE.ACil.E 2419 MARK&T STREET - 1'.0. box 1409. \Vil Senior Partner J WILMINGTON, NORTH'C'AROLINA 28403 mington, NC',2A~102-1409 .. ' ' TEI FPHONE: 910~7G3-3404 - ~ ~ ~ ~ FACSIIY[If,E: 910-763-0320 ~ ~ - - „. ': .: , _• October 7, 1999 .. .~ , ~t .; ,, . ,, ;:. t . _, . ,, _ . . ; i .- n r . .,. I~:.iT:p i . ~LU1~JC:iaU, %SCliiiiG - ~'• ' . ~ ~~~ ..Deputy:County Attorney a ~, , " „' - ` ,. . ` New; Hanover County - ` Office-of the Coulity Attorney ' "~• . ~' ~, .~. ~: ' :: ~~ 320 Chestnut.Street,_ Room 309. Wilmingtoil;~North Carolina 28401-4095 • - °' - ~ Re: Carolina East Developers, Inc. ~ ~ '` • ~ , New Hanover County Contract #96-0452A -.. . °, Our File.No.: `4400.098 o ,. ., . . ~ .. ~ ~ • • ~ Dear Kemp - Following pup on our telephone conversation, of this, afternoon in~:"the, above `mafter; the , , ' ~: principals ~f Carolina East Developers, Iris. have asked that I assist them in concluding-their - - . - " . ;involvement in -the above-referenced. contract. Kenny Norris, -J. W.~;Fussell ,and Greg Brown met ~. ' ~ • with Wyatt this-morning before they had. seen your letterof October.6. In light ofthe fact that they ~ `, ' have old'the development originally~intended to be benefitted by this sewer line; they asked Wyatt ~ ` to.be released, from.the bond and their obl.i~ation under the contract;by paying in~the $20,000.00 • " which was their original commitment: They would also be willing to give tip any reimbursement> ~ .'~ ;. ,s from the szihsel~'uent fees' generated' from the use of the line. ~ • .: _ ,• : . ~:. . ., - . " ; ." . In retun7, they"only ask that. they be released from the bond, released from the cont>~act and '' that the County acknowledge that, upon the building'of the line,-,sewer will be made available to-,the •• - Ai-rondale Subdivision. There is~certainly a precedent for this methodof resolving the responsibility . .' `~ of a"contracting party as Landmark, who was originally in the contract; has resolved its obligation ... •" . in the: same. fashion. In light of the financial condition of Carolina East Developers, Inc. (which the . ' •' principals cari demonstrate, if you Iike) and the,`simplification of the processwhich can be achieved, ` ` `" this certainly seems to be a logical. solutioi:, • ~ -'° I appreciate your speaking:with me aizd.I look forward to hearing from you. • . ' ~. .. ,: , . . ~.: ,.4 : .13.9 .~. .. . i i i Kemp P. Burpeau, Esquire Page Two October 7,.1999 i ~. i With best regards, I remain Sinc rely ~ ours, J. Harold Seagle JHS/gw pc: Mr. Kenny Norris Mr. J. W. Fussell Mr. Greg Brown . 1 .. 4 14Q ROUNTREE S~ SEAGLE, L.L.P. WILMINGTOI~3, NORTH CAROLINA ; s b ,~ {This page intentionallyleft blank} 142 ~ CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS December 6,1999 ITEMS OF BUSINESS ~ PAGE NO 1. Approval of minutes 145 2. Award of bid #00-023 and approval of contract #00-0023 for the 147 purchase of uniforms for the Sheriff's Department with Century Uniform and Safety, Inc.. 3. Promissory Note with Federal Point Volunteer Fire Department, Inc. 149 4. Adoption of resolution to request NCDOT add roads to the State 153 Highway system 5. Approval of Budget Amendments: 5.1 #2000-13. Federal Forfeited property Capital Project 157 5.2 #00-0070 Child Health allocation from the State 158 5.3 #00-0073 funds from 911 surcharge 159 5.4 #00-0074 to transfer funds from Contingency 160 5.5 `#00-0075 Museum/Grassroots Science Grant 165 6. Approval of Annual Review and Approval of Public Official Bonds 16? ~'' 7. Approval of Computer Support Specialist and associated BA #00-007 2 173 ~ ,~ . 143 .. a 7'hls page intentionallyleft blank} 144 ~ NEV11 HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06!99 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie. F. Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve the following sets ofiminutes: Regular Meeting, October 4, 1999 Regular Meeting,. November 1, 1999 RECOMMENDED MOTION AND REQUESTED ACTIONS: " Approval of minutes. FUNDING SOURCE: ~' ATTACHMENTS: "ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGE COMMENTS AND RECOMMENDATIONS: - Approve minute t COMMISSIONERS ACTIONS/COMMENTS: COUNTY CO^ ;y APPROVE® ` REMOVED ® <<!" POSTPONED ^ ~ "~, 145. ~~~ ®la T ty ~..~.I 2'.~2r/~4 >. b {This page intentionallyleft blank} Y"" .~ a ~ ~ ., .~~.` ~'. 1~,1, 146 C~ b NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Consent Item #: 2 Estimated Time: Page Number: Department: Sheriff Presenter: .Contact: Amy Akin SUBJECT: - Award. of bid # 00-0023 and approval of contract # 00-0023 for the purchase of uniforms for the Sheriffs Department with Century Uniform and Safety, Inc. BRIEF SUMMARY: The formal bid process was followed to establish a term contract for pricing of Sheriff uniforms and accessories to be purchased over the next year. Unit pricing will remain fixed forthe contract period. Bidder's proposal set unit prices which bidder's applied to the anticipated number of items to be ordered to determine the estimated yearly expenditure of the proposal amount. Century Uniform and'Safety, Inc. $41,598.00 American Uniform Sales, Inc. $49,1392:0 Bradco Uniforms & Equipment, Inc. $57,474.50 The Sheriff has reviewed the bids and is requesting award to Century Uniform and Safety, Inc., the lowest responsible bidder, at the unit prices as specified in the proposal, estimated amount of yearly expenditures is Forty-one Thousand. Five Hundred Ninety-eight Dollars ($41,598.00). RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of the resolution awarding bid # 00-0023 to Century Uniform and Safety; Inc. ' and approving contract # 00-0023. , FUNDING SOURCE: - funds for the purchase of the uniforms are available in the account number 110-431-4311-300-4400. ATTACHMENTS: As part of this transmittal the resolution is being sent as an attachment. -~ ' 00-0023r.wp The.contract draft is being submitted separately. REVIEWED BY: _, .., LEGAL: FINANCE: Approve COUNTY MANAGER'S CO ME Recommend approval. r+nnnne~e•e+~~~i~no. w~-r ~~ e•en ES~ N/-A BUDGET: Approve HUMAN RESOU~RC~~ ~~ - APPROVE® . L4~ 1 .REJECTED ® . ~ °~' ' AND RECOMMENDATIONS: ~ REM0~IED ^ >.~.~- BENTS: HE~~:~~~: I`I b 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 10:00 a.m., on the 16th day of November, 1999, at the County Administration Building, 320 Chestnut Street,- Wilmington, North Carolina, and the following bids were received for uniforms for the Sheriff's Department, Bid # 00-0023: Century Uniform and Safety, Inc. $41,598.00 American Uniform Sales, Inc. $49,1.39.20 Bradco Uniforms & Equipment, Inc. $57,474.50 AND WHEREAS, the Sheriff, the Finance Director, and the. County_Manager recommend that the contract be awarded to Century Uniform and Safety, Inc. of Wilmington, North Carolina, the lowest responsible bidder, at the unit prices as specified in proposal, estimated amount of yearly expenditure is Forty-one Thousand Five Hundred Ninety-eight Dollars ($41,598.00); AND WHEREAS, funds havebeen previously appropriated and are now in Account No. ~ry 110-431-4311-4400 to cover this contract; ~ ~J NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for uniforms for the Sheriff's Department, Bid # 00-0023 be awarded to Century Uniform and Safety, Inc., at the unit prices as specified in proposal, estimated amount of yearly expenditure is Forty-one Thousand Five Hundred Ninety-eight Dollars ($41,598.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 6th day of December, 1999. (SEAL) Chairman, Board of County Commissioners ~~;~", ~¢lerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12!06199 .Consent Item #: 3 Estimated Time: Page Number: Department: Fire Services . Presenter: Phil Kouwe ,Contact: Phil Kouwe • • SUBJECT: Promissory Note with Federal Point Volunteer Fire Department, Inc. BRIEF SUMMARY: The Commissioners recently approved a.project to replace the. current fire station owned by Federal Poiht -Fire Department with a new station to be owned by New Hanover County and located several miles north of the current station. FPVFD has agreed.. to allow the County to utilize towards the new station the $250,000 derived from the sale of their old station to the Town of .Carolina .Beach. The County will finance the remainder of the project. It is anticipated the total cost of.the new station will be between $900,000 and $950,000. Debt service. for the balance of the funding will be included in future fire- district budgets. The expenditure for the-debt service will be partially offset by a reduction in funding for carbon monoxide systems upgrades. Funding for the upgrades has been included in the Fire Service budget for the past three years. The Promissory Note was negotiated with FPVFD as a means of securing their $250,000 while allowing the County to,retain full 100% ownership of the new facility. The Promissory Note only requires that the County repay FPVFD in the event the county severs relations with that organization during the next 20 years.. After 20 years, the Promissory Note is. voided. This .method of securing FPVFD's funds was recommended by County Legal and County Finance as the most efficient means of accomplishing this objective without compromising the County's ownership of the facility or interfering with financing options. FPVFD supports the use of the Promissory Note. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Promissory Note FUNDING SOURCE: ATTACHMENTS: - PromNote.w - REVIEWED BY: . LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESO_U.RC.ES:_N/A . BOUNTY ` Recommend approval. COMMISSIONERS' Ai ~~ ~APPROV~ ~/'~~ IONS:~EJECTED ®~ ~ ~~,-'{..: REMOVED POSTPONED ~ 1 4 9 HE~F?t~ ~ ® ;, New Hanover County Contract # 00 - 0100 DRAFT NEW HANOVER COUNTY PROMISSORY NOTE ' New Hanover County, North Carolina , 199 FOR' VALUE RECEIVED, the undersigned (herein, whether one or more; called Makers) jointly and severally promise to pay to the order of Federal Point Volunteer Fire Department, Inc. (herein, whether one or,more, called Payee) the sum of Two Htuzdred Fifty Thousand ($250,000.00) Dollars, without interest, payable as follows: 1. Should the site situated at cease to be made available by the County to Federal Point Volunteer Fire Department, Inc. for purposes of providing fire services, for a twenty (20) year period following the date of execution hereof,-for causes not attributable to Acts of God,, then Makers shall pay said sum provided for herein in accordance with the following terms: . a. Pay the entire principal sum, without interest, within thirty (30) days following demand. 2. If, for a twenty (20) year period following the date of execution of this note, Makers have made the fire station available for rise by Federal Point Volunteer Fire Department as a fire station, and otherwise complied with the above stated terms, then the obligation provided for herein shall be deemed paid and satisfied and Makers shall be entitled to written cancellation of said obligation. 3. ~ --The obligations provided for hereunder shall be deemed paid and satisfied 150 , `~`~_: 1 ,-; New Hanover County Contract # 00 - 0100 DRAFT and Makers shall, be entitled to a written cancellation of said obligation should Federal Point . Volunteer Fire Department, Inc. undergo any corporate dissolution, whether voluntary or involuntary. . All payments hereunder shall be made to the Payee at or to such a person at such address as may be stated in a written notice from the holder or his agent to the Makers. IN .WITNESS WHEREOF, the Makers have executed this note under seal and the Payee has acknowledged and agreed, as of the date above written. NEW HANOVER COUNTY [SEAL] . ~ ~~ WILLIAM A. CASTER, CHAIRMAN ATTEST: . Clerk to the Board Payee acknowledges and agrees to the terms,- - ~ ~ ~ provisions, and conditions set forth herein: [SEAL] FEDERAL POINT VOLUNTEER FIRE DEPARTMENT, INC. . By: ATTEST: President/Chairman Corporate Secretary ~ 151 . 2 '~ ,. ~ b r; This page Intentionallyleft blank} 152 ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 12/06/99 Consent Item #: 4 Estimated Time: Page Number: Department: Governing Body Presenter:. Lucie Harrell Contact:' Lucie Harrell. SUBJECT: Resolution to request NCDOT to add roads to State Highway System BRIEF SUMMARY: The residents of Creekwood Road, Holy Fountain Society/ Futch Creek have submitted a road petition to the State requesting the addition of the roads to the State System. Also, the State has received a road petition for Balfoure Drive in Huntington Forest Subdivision. RECOMMENDED MOTION AND. REQUESTED ACTIONS: Adopt resolutions FUNDING SOURCE: ATTACHMENTS: SR-1 Petition and letter from NCDOT ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S MMENTS AND RECOMMENDATIONS: Approve resolution. COMMISSIONERS' A TIONS/COMMENTS: ~OUN1Y ~O a .s . ,,.,t•,~,,.~,. q , REJECTE® ~ ~ , REMOVED .. I~~~T~®N~~ a -, ,~ ~~~~-~ ~ ,~ 53~ . BATE ~..__ ~?~ (o~l~t~~l ~~ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina ~~;~. _~ ~ ' ) County of New Hanover ' i'~~`I 1 7 '""~ _ Petition request for (check one): .Addition to State System (~ - _~ .._.-.._., „~ Paving O Maintenance Improvement ( ) We the undersigned, being property owners on ~/'~'~~ i~1CJC0'~- ~~~1nC~ ~p ~ ~. I` u~~'a~ c r ' (Describe or give local name or Secondary Road Numbe in New Hanover County do hereby request the Division of Highways of the Department of Transportation to ~;_ ~~~ /i1C,~.cn.~~~.~-.,~'~.U~~i the above-described road. We further advise that the road requested to ~ ~~f ~i.Q,~rr~ ~~- is ~ D`~ ~ miles in length and at the present time there are occupied homes located on the road and hawing 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 public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copes of recorded subdivision plat enclosed if applicable. PROPERTY OWNERS NAME MAILING ADDRESS TELEPHONE The Division of Highw/a'yJs shaould contact the first petitioner listed bello/w: ~~S _~" ~~ J•M V a l a ~1/r' 3a ~ ~/' t z' ~G G~tl7Jc.~ /~G~ • ~tl/ /G~, , I~ 2 S'~~/ ~ ~ ' ~Sg~ C~.l~ a. L K-~ G./ iS f ~ // 6L'- %' `? Z/ ~~V' C' ~-...=t`so ~ ~ v(/. / , J ~ r ~j !J ti 5..~ " \ f~-ti.. `. J t' ~ ~ ~ L Z-r f-!c Y; ~ ~ J ~ ~~ ~iv / ~ iz~.. i v - L. ~ ~ ~ t f N,~-~s f' c .~':. ~ l b~, ~' i„i~ l ~ /I c_ ~-~r~D ~' 6.~~ /710 ~ :~. ~~~-!t G:'?- ~~ it ~ ~ .%J _. / ~, / ~11,l1 ~~-/ ~ ~i~' ~ •,. ~ d ~~, ~ ~'? ~ ; ~ '~~~1/,`LlC~I ~~~ ''l.i, ~ ~L•i. ~ f1 l,~ ,.f ~~ it(~ ~' ~~` 154 i~~ ~ ~: ``~ 'rte :~ , C~~~~ . ~~ .~ _ ' `~/~~~ ~/ ,, R vised Form SR ~ (5-83). All previous forms obsolete. Ownership Abstract ( . ~ `I Harbour Town Associates Realty Inc I , 3/02/98 11:28 am (Portrait) ~ PROPERTY STREET is CREEKWOOD.. ~ Property Address .. Owner's Name Owner's Address Sold ,~ I '. Futch Creek-Unattached OF Futch Creek i 205 Creekwood Road Walker David C PO Box 146- Cliffside NC 10/80..' • ~ Holy Fountain OF Futch Creek ' 700 . Creekwood Road Pridgen Leroy Heirs 8805 Stephens Church Road Wilmington NC 1/73 '. 700 Creekwood Road Kittredge Pamela S 105 Dogwood Drive Wilmington NC 7/87 63B Creekwood Road Lea Arthur Burton Jr et 334 Seabreeze Blvd .Wilmington NC 5/83 635 Creekwood Road Pridgen Terry L Monique , 506 Sheppard Road Wilmington NC 2/97 634 Creekwood Road Adams Michael C Stephan 507 Prince George Avenue Castle Bayne NC 11/87 633 Creekwood Road Pridgen Leroy Heirs 8805 Stephens Church Road. Wilmington NC 11/96 .529 Creekwood' ROad Cause Roger L Suzette M 322 N 23rd Street Wilmington NC 10/94 626 Creekwood Road Smith Shannon Wyatt 626 Creekwood Road. Wilmington NC 8/94 I 625 Creekwood .Road Morgan Thomas J Karen J 161 North Hills Drive Wilmington NC 11/85 620 Creekwood Road Atwood Clinton Owen 4216 Cedar Avenue Wilmington NC 2/95 .` 617 .Creekwood ' Road -Boyd Ronnie Lee Kathy H 217 Simmons Drive Wilmington NC 6/82 617 Creekwood Road Parnell Sarah Catherine 617 Creekwood Road Wilmington NC 3/97' I 616 Creekwood Road _ Nixon Robert Jane Heirs 8921 Stephens Church Road Wilmington NC 11/75 ' 605 Creekwood Road Nixon Janie Heirs 8921 Stephens Church Road Wilmington NC 11/95 ~ 538 Creekwood Road Hansley Neptune Jr Heir 1007 Queen Street Wilmington NC 11/28 I 534 Creekwood Road McDonald John B ZII 712 S tdain Street Unit A Wake Forest NC 10/96 ~ .530 Creekwood Road Snyder Mary Ellen etal 221 N 25th Street Wilmington NC '6/95 ~ 530 Creekwood Road Jordan Jon Clay Ellen S 522 Creekwood Road Wilmington NC 8/S4 ~ 525 -, Creekwood Road Jordan Jon C Ellen_M ~ PO Box 10412 Wilmington NC ~ •7/46 525 'Creekwood Road Smith Ronald W 502 Windemere Road Wilmineton NC 6/80 525 Creekwood Road Sha e Timoth rP Y PO Box 746 Hampstead NC I 6/87 i 522 Creekwood Road' Jordan John Clay Ellen 522 Creekwood Road Wilmington NC 2/86 520 Creekwood Road Jordan Brenda PO Box 3042 Wilmington NC ~ 5/96 .518 Creekwood Road Jordan Jon C Ellen M _ PO Hox 10412 Wilmington NC 6/86 1 514 Creekwood Road Morgan Thomas J Karen J _ PO Hox 1388 Wilmington NC 7/86 507 Creekwood Road Futch Kenneth R Paula D PO Box 534 Castle Bayne NC 9/92 428 Creekwood Road Slcan Diane Kathleen 428 Creekwood Road ~ Wilmington NC 2/87 423 ' Creekwood Road Boy,ette Charles 0 Jr 421 Creekwood Road Wilmington NC 11/95 42 0 Creekwood Road Akel Corena Olega 6735 Cable Car Lane Wilmington NC 4/85 411 Creekwood Road Laliberte Lance R Canda 411 Creekwood Road Wilmingtcn NC 6/86 410 Creekwood Road Akel tdorman H 1201 N Lumina Avenue Wrightsville NC 12/88 330 Creekwood Road Smith Ron 502 Windemere Road Wilmington NC 9/81 328 Creekwood Road Yellen Barbara Christin 328 Creekwood Road Wilmingtor. NC 11/96 324 Creekwood ' Road Dennis Lonnie P PO Box 10615 Wilmington NC 6/90 ' 321 Greekwood Road Valade Joseph A Saundra 321 Creekwood Road Wilmington NC 10/94 ' 316 Creekwood Road Greer. Church etal 525 Creekwood Road Wilmington NC 2/96= 315 Creekwood Road McMillion Annie Laura R 1912 Ann Street Wilmington NC 12/76 305 Creekwood Road Waters Timothy D Judy E 306 Creekwood Road Wilmington NC 3/90 ~ 301 Creekwood Road Murrell Betty D 1908 Druid Lane Wilmington NC , 6/87 i 238 Creekwood Road Holt Linda Jean Heirs 238 Creekwood Road Wilmington NC 8/91 235 Creekwood Road Norris Grace 100 S 3rd Street Saint Charle IL C 7/65 234 Creekwood Road Fo 9en Heirs Y 418 6th Street S Wilmington NC ~ 1/ 1 i 231 ~ Creekwood Road Pridgen Leroy 8805 Stephens Church Road Wilmington NC 2/70 I 230 Creekwood Road Carter John Jr 407 E 3rd Avenue Red Springs NC 6/88 225 Creekwood Road Greene Irving R etal PO Box 421 Castle Bayne NC 10/86 ~ 224 Creekwood Road Hansley Neptune Jr Heir 1007 Queen Street Wilmington NC 11/28 221 Creekwood Road New Hanover County 320 Chestnut Street Wilmington NC 10/88 .220 Creekwood Road Rhedrick Herbert Lee 1119 Northwood Drive Charlotte NC 10/81 I 215 Creekwood Road Ghani Ismaila Abdul 119 Foys Trail Wilmington NC 12/97 212 Creekwood Road ~ Hansley NeptuneJr Heir 1007 Queen Street Wilmington NC 11/29 ~ ' 211 ' Creekwood Road Nixon George Jr 112 Creekwood Road Wilmington NC 3/83 ' 210 ' Creekwood Road Galloway Ernest L Geral 210 Creekwood Road Wilmington NC 7/97 ~ ' 2b9 Creekwood Road Spicer Eleanor B 209 Creekwood Road Wilmington NC 4/88 207 Creekwood Road Pridgen Leroy 8805 Stephens Church Road Wilmington NC 2'/70 113 Creekwood Road Nixon John L Kathleen M 113 Creekwood Road Wilmington NC 7/97 112 Creekwood Road Nixon Ernestine 112. Creekwood Road Wilmington NC 7/97 109 109 Creekwood Road Creek•NOCd Road ~ Nixon Alonza Debbie R New Hanover County .119 Foys Trail 320 Chestnut Street Wilmington Wilmir. ton NC NC //~~ /~ 7~ h h 6 -V)_VI 103 Creekwood Road Greene Lewis Chester 405 Campbell Street Wilmington NC 7/97 Creekwood Road Atkinson Gaylere 817 14 1/2 Street Rock .Island IL 7/97 v „' STg7F v y / ° A I-LNtS l # a.. +®~ STATE OF NORTH CAROLI\iA DEPARTIV~NT OF TRANSPORTATION JAivIES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVER:~lOR November 15, 1999 NIs. 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 Balfoure Drive in Huntington Forest Subdivision in New Hanover County (Div. File No. 969-N) DAVID MCCOY SECRETARY 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, ~~~ ~~~ D. .Bowers, P.E. Division Engineer DJB/JWR/rric cc: D. L. Thomas, P.E. 156 ~ ~~ ~, 124 DIVISION DRIVE, WILMINGTON, NC 28401 `PHONE (910) 251-5724 FAX (910) 251-5727 s ~~ NEW HANOVER COUNTY BOARD Of COMMISSIONERS REQUEST FOR BOARD ACTION - Meeting Date: 12106199 Budget Amendment 4 Consent Item #: 5.1 .Estimated Time: Page Number: DEPARTMENT: Federal Forfeited Property Capital Project ; BUDGET AMENDMENT #: 2000-13 • DEBIT CREDIT • ADJUSTMENT $~~,023 Federal Forfeited Property $15,023 Capital Project Expense EXPLANATION: To increase budget for additional revenue rec foe aw enforcement actties as Property revenues are budgeted as received and must be used the Sheriff deems necessary. ADDITIONAL INFORMATION: .~ APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: . _- . • ~ R _ . el ..' >t u ~Cfi~~ EE-~~ . ~ ~ COUNTY COMMISSIONQtgi . . ApPROVEDwG~ dd REJECTED'~'~~]~~~ REMOVED f'a ~, 7:91 pOSTPONEQ ~' ~~ ~~ • WFARD ~ 2 D _ _ ~--~-~~ 'i ~ • . } NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Budget Amendment Consent Item #: 5.2 Estimated Time: Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 00-0070 ADJUSTMENT DEBIT CREDIT Public Health/Child Health $2,501 Contracted Services $2,501 EXPLANATION: To budget Child Health allocation from the State for school health care for students who are eligible for free or reduced lunch and lack other financial resources to obtain health care. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: ''~ ~~oul~r ~I~il~ n ~ APPR0IY~ Ly ~• rte' i~~E~'I; REM_QVEQ,~+y~~,~ Q POST,~01~~„~~~~ 1 ~ V HE~KBD t9~!'G~~;'i I b ~.. ~. i NEW HANOVER COUNTY BOA RD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 . ~ Bud et Ame ~, 9 ndment Consent Item #: 5.3 Estimated Time: Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 00-0073 ADJUSTMENT Sheriff/Administration: Transfer In/Emer. Telephone System Sheriff/911-Center: Contracted Services Emergency Telephone System Fund: 911-Surcharge Transfer To General Fund DEBIT CREDIT $12,257 $12,257 $12,257 $12,257 EXPLANATION: To budget funds from 911 surcharge for data lines to fire stations (City and VF The lines will provide a connection to the new CAD system which will allow the departments to D) print directions to dispatch locations. ADDITIONAL INFORMATION: The annual cost of the lines will be $21,01.2. APPROVAL STATUS: To be a pproved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: r P~ IECTE~ ~~°ii ~ PCI~QVE~ .y{ ~,., ~'C~~TI~ON~;C~ ~ _ ~ 1PEAIZI~ ~ j 5 I ..... O . U O b9 .O ,_..,, ~ U '~ 3 a.. V ~ Tj . 'b °~ ~ ,.~ ~'' a~ ' L~"i ~ p ~ cis ` b~A O C .~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ U W 't3 C~ O ~-.~ ~ i.., ~ U~ U N O ~ U~ O O V M ~~~ O~ ~ U U U ~,,.., c~"'~, O -~ U 't~ ~ U O ~ ` U ~ ' ~ cC "O U 3 ?, U ~ ~ O ~ ccf O • ^~ O U ~ U Lti7 4-a cn O >, ~n 'rs ~ ..C o -rs ~ A, .~ ~ U ~ ~, ~ - .~ a, . ~ o U ~ ~ ,.~ ~ ~ O ~ ~ U O s-. O -~ ~ yy ~ " U ~ U ~ ~ U 3 . ~ ~;h tU..•..- U' Qj -'-~,, ~ ,~ 4-a p ~ . ~ O ,r„~ O N O ._, c~ ~ ~ •-O +~ • ~ - ~ '..O ~ ,.fl ~ ~ rte--. ~ :U.,, ~ . ~ v I~ 'CJ ~ U ,.O v~ b4 ~ O s... O U O ~ ~ ~ O ~ U ~ ~ s-• U U U 'L3 . 161. • ; . .; .. CARSWELI, aL'SZNESS SYSTEMS FACSIMILE TRANSMITTAL SHEET To: FROM: Nom. JoxN cARRTCI~x LOxI~. x~-xL~Y CO2~SPA.I~IY: DATc: ..__ ......_ ... ~S'I~ICI' ATTORNEY 11/1.9;•99 ~ . FAY NUh{BER: 70:AL NU. O° PAG=S iuCi.Up1NG COVER: 815-3560 3 PHONE NtJMBEIt SENDER'S RL•rF,RF,NCb NUMBER: 341,452Q R~; YOUR REFLRF,NCE NUA1BcR: FUxNITL;RE ^ URGENT X ~•OR RrVIT:W X PLEASE CO~iME~T ^ PLEASE REPLY ^ I'J~E~15~ R~•CYCI,E NOTFSlCO tyf D-iSh`TS: FOLLOWIN G ARE THE DRAWII~IG AND THE QC10TE FOR YOUR A.RF A.. ALL ITEMS APE ON THE QUICK-SHIP PROGRAl1~1 WHICH IS 10 WOT~ISJ~~IG 7JAYS FOR N,[~y~CJIr'.A.GTUIZ,ING AN-D 5-7 D.A.~CS TRA.~TEL TIME FROM THE FACTQRY. I LNDERSTA_~TD THAT YOU NEED Tp GET TI-IZ5 ZNSTALI..EJJ ~Y TFiE END OF THE YEAR SO-THE SOONER WE Cr'~N PLACE THE ORI7EIt THE BSTT'ER. 'z'I-IrE F.A.CTOIZTFS ~~.L~AYS SEEy1 'z'CJ GET' OVE1tLOADED .A.T TIDE END OF THE 'YEAR AND THY CLOSE FOR A WEEK FOIL CHRYSTM.A$ BOTH OF THESE C.AN PUSH aUT LE.~.D `~T.ES. PER JOHN THE ENGZ~IEERTNG DEPARTI~zENT' FOR TH_E COUNTY DESIGNED AIv'D rNST ra r,F,n THE S~%1NGTNG HOOKS ON PRI~~~OUS PROJECTS THEREFORE Z HAVE ZNCLUJJED DL'~E~ISIONS FORYOU. . ~L~ASE cAZ~, WzTZ~ ANY Qu~T~oNS ox zF z cAzv ~~ of ANx HELD. THANk~ YOU, LORI J. HURLEY 162 E/ "d l8L'.'~N 3762 ULEA~IDER DR[VP Wcll~~l 6x61 '~.'A0~ J CLIENT REPORT JC?HN CARRICKER DISTRICT ATTORNEY AMERICAN SEATING F{NISH: GRAY TAUPE LAMINTE: WHITE NEBULA FABRIC: SENSA B1,UE . Customer: Ship Ta: Qiy Ltb PrgOuci Description 2 UL 2.0f Intensive task ehairswlarms fabric tba grade 2 203.50 407.00 2 AML DFB8612SB FLQQR STANDING DRAWER STORAGE 6/6/12 266.20 532,40 1 AML DLS4360S0. LATERAL FILE WI T H .SOLID FRONT 4 DRAWEE 618.75. 618.75 1 AML DMB6612SA MOBILE DRAWER STORAGE BOXBOX/FII 407.55 407.55 T AML ESECO SIDE ENTRY HARDWIRE PWR CABLE 66.55. 66.55 2 AML FDCF36L FABRIC FLIPPER DOOR CABINET WlLOCK 1: 239.25 478.50 1 AML FDCF60L FASRlC FLIPPER DOOR CABINET W/LOCK 1! 375.65 375.65 1 AML KAA42240 ACOUSTICAL 42"H X 24"VV PANEL ACCESS TV 192.50.. .192.50 2 AML KAA42300 ACOUSTICAL 42"N X 30"W PANEL ACCESS TV 215.05 430.10 1 AML KAA42360. ACOUSTICAL 42"H X 36"W PANEL ACCESS TV 238.70 238.70. 5 AML KAA63360 ACOUSTICAL ACCESS PANEL 63" X 36" 311.30 1,556.50 1 AML KAA63600 ~ ACOUSTICAL ACCESS PANEL 63" X 60" 408.65 408.65 2.,AML KCK942APP 42" 90 DEGREE CORNER TRIM K1T PAINTED T 22.55 45.10 1 AML KCk963APP 63" 90 DEGREE CORNER TRIM KIT PAINTED T 27.50 27,50 1 AMh KCKE2IAPP ~ f1N1SHED END HIGH-LOW 42-63 PAINTED VE ~ 17.05 17,05 1 AML KCKE42APP 42" FINISHED END TRIM KIT PAINTED TOP C 22.55 22.55 1 AML KCKE63APP 63" FINISHED END TRIM KIT PAINTED TOP C 25.85 25.85 6. AML .KCKSPOOP STRAIGHT LINE CONNECTOR/TRIM KIT STEI 6.05 36.30 2 AML LTG2490E TASKLIGHT STD 24" ELECTRONIC BALLAST 9 105.60 211.20 1 AML ).TG4890E TASKLIGHT STD 48" ELECTRONIC BALLAST 9 123.75 123.75 2 AML WGA364000 CONCAVE CORNER WORK SURFACE RADLU: 218.35 436.70 2 AML WGR604CC0 RECT WORK SURFACE WISUPPORT RApIUe 208.45 416.90 1 AML WGR724000 RECT WORK SURFACE W/SUPPORT . RADIUS 230.45 ~ 230,45 2 UL. WLP19UR-558K ARTICULATING KEYBOARD W/ MOUSE TRAY 134.75 269.50 ,Sub Total $ 7,575.70 Total: 7,575.70 installation Total: 434.25 Project Total: $ 8,009.95 ~ ~ 1~3 UNTITLED 11/19/99 Page 1 j £!~ 'd 18C.;~N Wcll~cl 6361 '8~.'no~l. ~ _ . b .. .. - ! 4 LtS W I `~""" v $ ! i... .. ! l.. lT A F' A.I.r.G L_. .._ S6OZ4 I (PJ Fo61.~. 62~ ~f' ~i~ l ~--, ~. 1• ~, COI . R •~ I I i y ~ I,~( i. I `/. Y a 993 ~ ~>~~c'~ . 5 i l) rzo ~ . ~ .. ~tia~~ ,~ ~'~ S ~- .' 4 3/fir-~1 ~ >_-~-~ _. ~. • ~~ 164 . s WcZI~'cl 6361 'E.'h~V NEVUnHANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 12/06/99 Budget Amendment Consent Item #: 5.5 Estimated Time: Page Number: DEPARTMENT: Museum/Grassroots Science Grant ' "BUDGET AMENDMENT #: 00-0075 ~ ' ADJUSTMENT DEBIT CREDIT Museum: ' Grassroots Science Grant $203,944 Contracted Services $32,250 M & R - Equiipment $2,000 Printing Charges ~. ~ $4,688 Departmental Supplies $21,588. Employee Reimbursements $28g Training & Travel $5,698 Insurance & Bonds ~ $800 G/R Science Flow-Thru $3,589 Capital Outlay -Equipment $5,527 Motor Vehicle Purchases $7,560 Administrative Reserve ~ $261,229 Temporary Salaries _ $26,173 .Dues 8~ Subscriptions $530 EXPLANATION:. To budget the FY 99-00 Grassroots Science Grant award and realign budgeted expenditures. (Unexpended grant funds of $136, 487 were rolled over.) ADDITIONAL INFORMATION: _ APPROVAL STATUS: To be approved by Board Of Commis Hers . COMMISSIONERS' ACTIONS/COMMENTS: ~®U(~ ,gPPROVE®~ ~~~, . ~ REJECTED ®'`'- _ REMOVED ® `r; . ROSTPONED ® y * ~„~ 1 I~E~R~ ~, d ~ ~' {This page intentionallyleft blank} ,. r-, . _ , ~~-F- ~~ . , ~~ ~: ~~ ~,, ~,,r{;,; ~,~ raj. a,a~ ;~ 166 ~.:~ ~~~~~.; -. RESOLUTION , .. OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 18B-700 of the North . Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 6, 1999, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds, including but. not. limited to the Chairman of the New Hanover. County ABC Board. : ADOPTED this the 6th day of December, 1999. NEW HANOVER COUNTY `~' (SEAL) William A.'Caster, Chairman Board of County Commissioners ATTEST: _ ~ ~ ~_ Clerk to the Board ~. 168 : ~;~rµ . RESOLUTION _ , OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED,. that pursuant to the requirements of Chapter 109 of the North ' Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 6, 1999, approved the bonds of the Clerk of Superior Court of New Hanover County, New Hanover County Finance Officer, New Hanover County Sheriff, Register of .Deeds of New Hanover County, and New Hanover County Tax Collector and FURTHER RESOLVED, the Chairman of the Board of - Commissioners is hereby authorized, empowered and directed to certify said approval of such Bonds, with the exception of the Bond of the Clerk of Superior Court, which is not physically present in New Hanover County. ADOPTED this the 6t" day of December, 1999. NEW HANOVER COUNTY (SEAL) :~ . ~. ' William A. Caster, Chairman ' Board of County Commissioners ATTEST: Clerk to the Board. STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter .109 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register. of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. . This the 6`h day of December, 1999. NEW HANOVER COUNTY (SEAL) William A. Caster, Chairman Board of County Commissioners ATTEST: Clerk to the Board 170 > b ~; RESOLUTION OF THE .NEW HANOVER COUNTY BOARD OF COMMISSIONERS ,. RESOLVED, that pursuant to the provisions of Section 162-8 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 6, 1999, determined that the required Sheriffs Bond shall . be in the total amount of Five Thousand ($5,000.00) Dollars. ADOPTED this the 6"' day of December, 1999. NEW HANOVER COUNTY (SEAL) William A. Caster, Chairman Board of County Commissioners .ATTEST: Clerk to the Board This page intentionally left blank} 'f 72 ~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 1.2/06/99. Consent Item #: 7 Estimated Time: Page Number: Department: IT Presenter: Bill Clontz Contact: Don. ROss • .SUBJECT: Computer Support Specialist BRIEF SUMMARY: The county ha.s recently completed the renovation of the Commissioner's Meeting Room in the Historic Courthouse. Much technology was included in this project with the objective of improving communications during public meetings. The meetings that have been held in the new facilities have produced many favorable comments suggesting that this objective has been met. In.order to insure that the equipment and facilities in this .room continues to function well over time, a Computer Support Specialist should be hired with the primary duty of overseeing the operation and maintenance of this equipment. When this -person is not performing duties associated with this Audio-Visual equipment, he/she will be assigned duties in the IT Department. RECOMMENDED MOTION AND REQUESTED ACTIONS• -.Move that a Computer Suport Specialist be authorized and hired by the IT Department with the primary duty to support the equipment in the Commissioner's Meeting Room in the Historic Courthouse. ~'FUNDING SOURCE: General Fund ATTACHMENTS: - - NHC Human Resources Requisition Form BA #00-00 . . REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: Approve COUNTY MANAGER'S CO NTS AN Recommend approval. COMMISSIONERS' ACTT NS/COMMEN • ,,: . .~`~n~dv~ ® ,.173 ~K,~ s~~ '~@~'ONED ®• NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/06/99 Budget Amendment DEPARTMENT: Non-Departmental/Contingency BUDGET AMENDMENT #: 00-0072 ADJUSTMENT DEBIT CREDIT Non-Departmental Contingency $20,182 i Information Technology: Salaries and Wages $15,803 Social Security Taxes ~ $1,209 Retirement-Local Govt. Employee $790 Medical Insurance Expense $2,380 EXPLANATION: To fund Computer Support Specialist position for remainder of fiscal year from Contingency Account. ADDITIONAL INFORMATION: With approval of this budget amendment, the remaining balance in Contingencies will be $188,235. APPROVAL STATUS: To be approved by Board Of Commissioners I APPROVED i~ REJECTE® REMOVED ® •~. 1 ~`-~ :POSTPONED ~ HEARn ; ~ ~.--• -DATE _ i b lJ ~l fl • ,_ ;, 1. Position Title; Computer Support Specialist '. - _. , .For Humari Resources,Department's use 2. ,Departmerit.name:` InformatCon Technology Approved Sy: Date: ' 3: Department number: 4132 -_ ~' • ~ ~~ Job Notice 1D: 4. Position status: New ~ µ Starfi'Date: ,` fnd Date:.. ' If "existing"; pl ease enter the name(s) and - social security number(s) of the vacatin `: g employee(s):. ; ' Title Group: .. - ~ ~ " JNOT Type:.. ~ ~ . . . ~ _.- ~.' ~ Job Statement: ,_ ; , Entered By: Date; 5:; ~Haw'many position vacancies doyou want to fill at this time? '1 • ,6. Employment status: 'Regular"budgeted" full-time. "• ~~ If part-time;:.indicate the %: 7. ~ Projected duration of temporary position: ; • 8, Normal Days/Hours: ,..Other . _ _ ~ . If "Other", please indicate days/hours: 8:00-4:30 w/ 1 /2 hour lunch, evening .hours to support commissioners meefings (twice monthly): ~ . Rotating Shift:?- No , ~ ` ` ' ~ ` - ...,. e. _ , l.urich Period: 1 /2=hour Special~-or Occasionat Days/Hours:. ~ ~ . ~`" ~ • .. If "Other", please-specify: ~ , 9: Salary:" $29,349-$4T,995/year $14,11-$20.1;8/hour ~ . `' p~ .. _ ` . Grade/ste T 18/OOA if other han Step "OOA", please indicate:. • Advertise Trainee Rate: No 10. Recruitment open to: The Public Length of time to keep open: Other If "Other", please specify: Open until filled . 11. Recruitment sources: (check all that apply.) _ ^ Local newspapers ® Out-of-town newspapers (Specify Below) t ^ Professional journals (Specify Below) ^ Other (Specify Below) Please specify when applicable: Greenville, Raleigh 17~ 12. Essential Functions of the position:, (This must be completed. List about 5-6 major essential functions.) ' • Supports computer and audio-visual systems. • Identifies needs; evaluates solutions; develops specifications; writes procedures; installs, _ operates, and maintains systems. • Provides end-user support and training. • Systems include desktop computers, mobile computers, multi-media audio/visual systems, network interfaces, applications and operating systems, • The successful candidate will present evidence of skills in customer service, oral and written communications, problem solving, trouble-shooting, project management„ organising, , administration, and technical knowledge. • 13. Responsibility/supervision: (Scope of responsibility/positions formally supervised?) Project management (peers) 14. Work setting/environment: Office and' utility areas 15. Education/experience required: Bachelor's degree or equivalent combination of education, training, and experience in information technology, computer engineering, computer science or related fields. 16. Knowledge, skills and abilities required: Networking concepts, computer hardware, computer software, project management, telecommunications, troubleshooting, problem solving, customer service, research and. analysis, mechanical aptitude, written communications: , ~. 17: Knowledge or experience (exceeding those required) desired: . Audio-visual equipment operation and maintenance, 18. Special licenses or certifications_required: , NC's drivers license, computer related certifications desired. !`1 a .. ... ~. '. a 4 .. . , ,_ _ .-. . • , 19. Physical activities and demands: Crouching, reaching, pushirig, lifting, fingering, grasping, talking; hearing, seeing: medium physical work, ~~ ~ . a -~ 20. Person authorizing. requisition: ~ I~ ~Ie: Director Date: -11 /18/99. .-.~ _~ - ,-. 21. 'Cortitact person: Doh Ross Phone #: 34.1-717 Ext. FAX#: 341-4131 ~' a v . • NEW HANOVER COUNTY . INTER-OFFICE ~ - .~ • '. December 6, 1999 ~ / ~ ~ ~~~ . • ~~ - Y . l ~ . ~~~ . .TO: ~ Board of County Commissioners ` FROM: Dave. Weaver, Assistant County Manager /~(,~ ' _ . RE: Mason-Inlet :. Attached is an additional agenda. item for the Board's meeting- tonight that recommends adoption of a resolution showing the. County's support and involvement •_ for maintenance dredging of Masons Inlet once the Inlet is relocated, and for County. . ..management support for public access and conservation of the land to•be newly _ • created' upon relocation of the Inlet. , . . ..~ The need for this additional agenda item has been necessitated by the recent responses by .review agencies of the Environmental Assessment. :~ • Please-feel free to contact me if you have any questions or comments. . . ,.,~ Attachment • , cc; Allen O'.Neal, County Manager ~ `- Andrew J. Atkinson, Deputy County Manager :. , ~ Pat Melvin, Assistant County Manager • Wanda Copley, County Attorney ` ~ ;Greg Thompson, Chief Project Engineer- Lucie Harrell, Clerk to the Board . ;~ -~, - , - ti, s a~ 4_~ f a ky ~ ~ ~ i ry. ~.r ,.. .. ~ l~' -... ~ , q . r. ., . - x ~ '. - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . ~ REQUEST FOR BOARD ACTION • ~ _ Meeting Date: 12/06!99 Department: County, Manager Presenter: 'Dave Weaver ~:. - u _ `Contact: Dave Weaver , SUBJECT: _ Consideration of adoption of resolution. for the County to continue to manage and - sponsor the Mason Inlet project BRIEF SUMMARY: • _ :: . As a result of the recent review by various agencies and groups of the Environmehtal Assessmenf (EA) for the Masons Inlet Relocation Project,. several issues, in addition to a number of technical questions, need to be addressed_ ~ . One .issue is who and how will the. maintenance dredging be performed, as anticipated,to be required every.3 to 5 years and. possibly more frequently for the western end of Mason Creek 6y the AIWW. .The. - County would be the logical agency to continue to manage and sponsor the project, in a manner similar to the existing system of the special assessment- district with. up-front: financing through the Room Occupancy Tax Fund, with additional revenues generated by sale of dredged sand,, particularly for dredging of Mason Creek by the AIWW. A second issue is management. of the land that will be created on the south side of the relocated Inlet. This property.. will consist of property owned by the Town of Wrightsville Beach, the State and the Hutaff • property (which has a construction easement option controlled owned by the County ,that precludes development). It is anticipated that this land will have great resource value for expanded public access and. conservation areas for such purposes as .nesting bird habitat. This land .could be managed for these .. ~ values by a combination of the above parties with the County coordinating the planning and management. , The' attached resolution would clarity the County's stand on ,these issues. Timely action on this resolution will- help the. County continue in its effort to obtain a permit. - RECOMMENDED MOTION AND REQUESTED ACTIONS• The-Board should adopt the attached resolution. ~ . ` ~ FUNDING SOURCE: - , , ._ - NA ATTACHMENTS: ., . Resolution ,. , . , - ,, ... ~~OUIVT'Y' CONPM4~(ON~ . ~ ~ ". APPROVED L' , ` REJECTED ® - ~ , .REMOVED . . ~ ~ . ~ POSTPONED D ~ . ,, - , MEARD p' ' r 12I (o~l ~t 9 ~ .~ s r Fir.- _ ~ ~ a ~, _. a 'T3 ..~~;... ~- - . t .._. . n ~ _ ,, i ~ , -' r .~ _ .. RESOLUTION ; ° OF . ' THE NEW HANOVER COUNTY ~ . BOARD OF COMMISSIONERS WFIEREAS, New Hanover County is the sponsor of the Mason Inlet. Relocation ' ;Project, WHEREAS, ,New Hanover has created. a special district where property owners, will be assessed an amount equal to the cost of relocating the Inlet;, ....WHEREAS, this special district can be used to levy future,. assessments for maintenance dredging of the Inlet; _ . .: '. WHEREAS, New Hanover County has, a Room Occupancy Tax of which -part is dedicated to combatting beach erosion, and which generates more than adequate revenue to allow the County to perform the Inlet relocation project and subsequent maintenance dredging, with reimbursement to the Room Occupancy Tax fund ' from the special assessment district; WHEREAS, .the County recognizes and highly values .this project which will . ' produce benefits of protecting approximately $.170 million in property; improving ° ~ i fl hi estuar ne us ng of pollutants; improving navigation; .and providing a tremendous new opportunity for both expanded public beach access and. - environmental, conservation areas; , ° . ~ NOW, THEREFORE, be it resolved.that: One, New Hanover County is committed to continuing to manage and to sponsor . ~ ~ the project for the relocation and maintenance dredging of Mason Inlet, .including Mason Creek, in an environmentally and economically-effective manner, and Two, New Hanover County will manage the. newly created land on the south side of rt the: relocated Inlet in a cooperative. manner will all the involved parties for the dual purposes of expanded public access and conservation for species habitat. f Adopted December 6; 1999. Bill Caster, Chairman Board of Commissioners New Hanover County . ATTEST: ., ~ LL .. Lucie Harrell, Clerk to the Board ~ , ' . ;'~ ~ . ~' DRAFT DRAINAGE WORKING PROJECTS. . ,. . 1) Policy: The $370,000 allocated by the Board for drainage should be used .~ sparingly .and for -long-term benefit. . ~ ~ ~ - Maximum use will be made of prison labor. - = Equipment needed will be purchased, not rented. ~ ' _ - ~ ~If feasible, a work crew will be hired rather than .contract work out. - Funds will not be spent to purchase easements: . ~ - Citizens in the neighborhood to be benefitted will be required to obtain .. , _. 'all easements. 2) Policy: Work will be performed only on public easements. . 3) Policy: Drainage projects will be prioritized based on consideration of the attached criteria. It is recommended that a Drainage Review Board be . established to evaluate and prioritize projects. This Board could consist of one County Commissionerv7, one Planning Board member, one design professional, • ~ and two at-lar e a ointees: - g pp ,~;~~ ~ ~, 0. - , `, ~ { _t ~ ~ '. ` .. ~ ~t .. } ._ ~ ~r . ' ~ ~ .. ~. - ° .. DRAFT CRITERIA -FOR EVALUATING . DRAINAGE PROJECTS. 1)' . Severity: of flooding problems - ~ - Residential and business structures flooded ' ~ - Roads flooded (is access severely limited to structures as a result of ° . "flooding?) - . ~ - Yards and out buildings flooded (does water go under but not in . houses) ~ - Frequency of flooding . . .. 2) ~ . Cost to County of correcting problem ~ ~ , - Short v long term solution + Permitting required . ~ - Degree of maintenance required (and by who) - ~ Easements available (Federal and/or State) - • ~ - • ~ ~ - Need to develop plan " . - up/down stream impacts - , 3) ° Other criteria ,. {- Environmental impacts ~ ~ ` ° ~ - ~~ ~ ~ - ~ Local acceptance and desirability _ . - Turri-around time - , ~~ • ~ _ ~ ~ . ,~; ,.. -_ -~ _ dramage.wpd ~ - - .. - - -- ~.w-.... - ----: .,.. Page 1 -<~ -_ a... __- _-. . ~ ESTIMATED BUDGET TO ESTABLISH . A DRAINAGE CREW. .. Personnel .. ~ - Supervising.engineering technician $35,000: Laborers ~2) 48,000 ~ , , ' ~ Heavy Equipment Operator 30,000 .. Total $113,000 .. . s: e . , ., Equipment ` . . - .. Tools $ 3,000 Track-mounted backhoe 130,000 - ~_ Dump truck and trailer ~ 90,000 .' , Tractor with,side-cutter ~' 35,000.. °,, - .. ~Pick-up truck . ~ 20,000 .. Total $278,000 . ~. ` Total~_ $39.1,000 ' 1 . _. .. e~~ ;. _ - - ~. L./ s NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~' Meeting Date: 12/06/99 Item #: Estimated Time: Page Number: Department: Parks Presenter: Jack Bragg Contact: Neal Lewis r SUBJECT: Open Space and Parks Bond Referendum BRIEF SUMMARY: The New Hanover County Parks Foundation Board of Directors met on Tuesday, November 23, 1999, and adopted the enclosed recommendation for the Open Space and Parks Bond Referendum, scheduled for May 2, 2000. The recommendation, in summary, suggests a bond referendum in the amount of $45,000,000, with 90% of the proceeds going toward the purchase of land for greenspace, open space, and future park space. The remaining 10% would be used for the development of parks. The entire recommendation is attached: ,' Formula Recommendation RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of County Commissioners adopt the recommendation of the Parks Foundation Board of • Directors and place a bond referendum before the voters on May 2, 2000, in the amount of $45,000,000, to be used for the purposes of land acquisition and park development as per the recommendation. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: NIA FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~J NEW HANOVER COUNTY PARKS FOUNDATION BOARD OF DIRECTORS OPEN SPACE AND PARKS BOND REFERENDUM . *RECOMMENDATION* November 23, 1999 The New Hanover County Parks Foundation recommends that the. formula listed below be adopted and incorporated into the language of the proposed Bond Referendum for Greenspace and Recreational Space, scheduled for May 2, 2000. . L Bond Referendum Amount: $ 45,000,000 2. Bond Distribution Formula: 50% A. Greenspace Purchase -Land to be purchased for conservation, . preservation, reparian buffers and other natural purposes. This is land which will not be developed in any fashion. 50% B. Recreational Space: 25% 1. Open Space Purchase -Land to be purchased for the purpose of developing passive recreational facilities, such as trails, picnic areas, beach and estuarine access. 1S% 2. Active Park Space Purchase -Land to be purchased for the purpose of developing active recreational facilities, such as athletic fields, tennis courts and others. 10% 3. Recreational Facility Development -These funds would be used for the development of recreational facilities. ~,~ !v \/ ~~"` COUNTY OF NEW HANOVER BOND AUTHORIZATION TIMETABLE Adopt preliminary resolution described in LGC application by February 20, 2000 Publish notice of intention to apply to LGC by February 10, 2000 File LGC application by February 20, 2000 Introduce bond order, set public hearing and file statement of debt* February 21, 2000 Publish bond order as introduced with notice of public hearing by February 29, 2000 Public hearing, adopt bond order and set referendum date March 6, 2000 Publish bond order as adopted and notice of referendum by March 13, 2000 Absentee ballots available by March 13, 2000 Publish notice of referendum** by March 31, 2000 Last day to register for referendum April 7, 2000 Referendum May 2, 2000 Canvass of returns by Board of Elections May 5, 2000 Referendum results certified and declared by resolution at first meeting after canvass Publish statement of result of referendum as soon as convenient after election results certified * Local Government Commission must have acknowledged filing of application * * Additional publications may be made ~. ~. . -~ . C-615333v01!.1370q .00010