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HomeMy WebLinkAboutAgenda 1997 04-07t r NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse 24 North Third Street, Room 301 Wilmington, NC Public Comments will be heard concerning proposed Personal 25 a Watercraft Ordinance and Recommendations presented by the PWC Task Force 7. Public Hearings: AGENDA =~~~pNOVER CD yf < G • , ,- :. 0 ~~F MO RTH ~'Q- Apri17, 1997 ROBERT G. GREEK CHAIRMAN •. WILLIAM A. CASTER VICE -CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL• COUNTY MANAGER WANDA M. COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL. CLERK TO THE BOARD 9:00 a.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (limit three minutes per item) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE TIME ~ NO. 9:15 a.m. I. Presentation of "John M. Dolan Volunteer Firefighter of 1 tl~e Year Award 9:20 a.m. 2. Presentation of "Ten Year Plan" -New Hanover County 3 Board of Education 9:25 a.m. 3. Presentation by Sam Wilson, Regional Manager of Falcon 5 Cable Company on Progress Made and Plan to Comply with Customer Service Requirements 9:35 a.m. 4. Presentation of Request for Street Lighting in tf~e Castle 1 1 Estates Subdivision 9:45 a.m. 5. Second Reading: Consideration of Approval of Proposed 19 Ordinance Amending Current County Code Section 8 and the Fire Commission Bylaws 10:00a.m. 6. Public Hearin: 10:30 a.m Item A: Rezoning, Continued Item Request by Nello Filipini for Matt Holdings, Inc., to rezone 1.3 acres at the tennintis of Royal Street in the 2700 block of U.S. Highway 421 North to I-2 Heavy Industrial from R-15 Residential (Z-586, 1/97) 33 ESTIMATED ~ ITEMS OF BUSINESS TIlVIES PAGE ~- NO. 10:50 a.m. Item B: Rezoning- Request by the Saturn Corporation to rezone 39 35.95 acres on the west side of Carolina Beach Road south of and adjacent to Marquis Hills subdivision to R-10 Residential from R-15 Residential. (Z-596, 3/97) 11:10 a.m. Item C: Rezonine -Request by S. Niemeyer of Wrightsville 45 Building Corporation and L. Nichols to rezone 1.48 acres at the riorthwest corner of Military Cut-off and Wrightsville Avenue to O-I Office and Institution from R-15 Residential. (Z-597, 3/97) 11:30 a.m. Item D: Rezonine -Request by P. Clark to rezone 5 acres on the 49 east side of Blue Clay Road approximately 600 feet south of Brookdale Drive to Conditional Use Light Industrial fora ~ _ geological and engineering consulting firm and special trade/general contractors from R-15 Residential. (Z-598, 3/97). 11:45 a.m. Item E: Special Use Permit -Request by Telespectrum d.b.a. 360 57 Communications to construct a 100 foot monopole communications tower and equipment shelter at 603 Easrivood Road. The tower would be located in the northwest corner of the lot on a lease tract 60' x 65' (S-405, 3/97) ' 12:00 Noon Item F: Special Use Permit -Request by D. Barefoot to establish 83 in an existing structure a convenience food store specializing in coffee sales, bakery items and pre-packaged food items. Tl~e site is located~at 5317 Wrightsville Avenue and is zoned R-15 Residential. (S-406, 3/97) 12:15 p.m. Item G: Road Closing -Request by M. Andrews and R. Hawkins 89 to close a portion of Burke Avenue by reducing the right-of--way with to 30 feet from 50 feet. Tl~e road is located 250 feet east of Pavilion Place on the south side of Eastwood Road (SC-70) 12:30 a.m. Meeting of the Water and Sewer District 93 ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY ATTORNEY COUNTY MANAGER 1:00 p.m. ADJOURN ~. ,_ MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE '' 24 NORTH THIRD STREET, ROOM 301. APRIL 7,1997 ITEMS OF BUSINESS . i 1 NON AGENDA ITEMS (Limit three minutes) . ~~ 2. Acceptance of Water System -Great Oaks Subdivision ~. , '~ ,. ,,~ .~ . ~~ .-' ~~ ~~ :~ ~~. . ;;° .. '-~ ~ _ PAGE NO. 93 95 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS ~ PAGE NO. 1. Approval of Personnel Policy Amendments ~ _ ~ 99 2. Adoption of Resolution designating April 11, 1997 as the 107 First Parkinson.'s Disease Awareness day. 3. Award of Contract for Roof Replacement and Repairs at the 111 WASTEC facility to C.F. Evans for the amount of $72,188 4. Approval of application for New Hanover County Partnership 113 for Children Grant, and if funded, approval of execution of appropriate budget amendments 5. Adoption of resolution awarding bid #97-0333 and approval 129 of contract #97-0033 to Anvil Attachments a Division of D&S Manufacturing Co., Inc., for the amount of $26,710. 6. Approval of resolution requesting authorization of conveyance 139 of interest in jointly-owned lots to the City of Wilmington. Tl~e lot has been identified by WHFD for construction of an owner- . occupied, single-family residence. 7. 800 MHZ item from March lOtli meeting 143 8. Support of Legislation that would enable local governments to pay 159 a portion of the employee's contribution to the retirement system 9. Approval of Budget Amendments: A. #97-0142 to budget funds from agambling/lottery seizure 163 B. #97-0143 to budget donated funds to offset cost of producing 164 and mailing the Senior Center's monthly newsletter ~`~~~ ~• `~~~ RE VEST FOR BOARD ACTIO Q N . ~ Meeting mate: 04/07/97 "~ Regular Item #: ~ 1 Consent Item #: Additional Item #: Department: Fire Services Admin. Presenter: P.Kouwe Pa e Count.In A enda Packa e: Contact: P.Kouwe ~, SUBJECT: Presentation of "John M. Dolan Volunteer Firefighter of the Year" Award BRIEF SUMMARY: This is an annual award presented by the County Commissioners based on the decision of its Fire Commission. Selection is made from information submitted by Fire Chiefs to the Fire Commission: Tliis agenda item if for the actual public presentation only. ~, RIJCOMMENDED MOTION AND REnUFSTED ACTIONS• - . ~~ Public presentation of award. - ~ -. ®~ ^. FUNDING SOURCE: a Fcdcral $: State $: County $: User Fccs $: Other $: Money Is In Current Budgets New Appropriation Request: Bud et Amendment Pre tired: ~ REVIEWED BY: LGL: APP WCOPLI/Y FIN: N/A BSHELL IIUD: N/A CGRIFFIN I-IR: N/A AMALLI/ TT COUNTY MANAGh COMMENTS AND Ri+,COMMI;NDATIONS: Present the award, u-0~3N ~=QMMiI~N~~a ~l~PPROVED ~3 DEJECTED fl . ~.E~OVED ~'OSTPfJ~'El3 ~~%' ~~1 '9 QATI` _ . _ . w Rcfcr to O(Ticc Vision l3ullelin Board for Disposition . a -NEW HANOVER COUNTY FIRE SERVICES ADMINISTRATION 414 CHESTNUT STREET, ROOM 307 WILMINGTON, NORTH CAROLINA 28401-4045 TELEPHONE (9I0) 341-7420 PIIIL KOUWE :. _. ~ -t - . ADMINISTRATOR. TO: Andy Atkinson FROM: Phil Kouwe r , -Administrator DATE: April 1, 1997 SUBJECT: Firefighter of the Year Here is the information on the John Dolan award. This is -what was written for the press release. D Who actually does the press release? I have the jacket and plaque for the presentation. If there is anything else we need to do, please let me know. Philip Lewis, an eight year veteran with Myrtle Grove VFD', has been named-the 1997 recipient of the John M. Dolan Firefighter of the Year Award. Mr. Lewis will be presented ~this~ award ~at Q the County Commissioners' meeting on Monday, April 7th at 6:30 pm. Philip Lewis is a Lieutenant and a member bf the Board of Directors of Myrtle Grove VFD. He has earned the levels of Firefighter I and II and Haz Mat Operational. Philip has been intrumental in the development of a date base that wilt be usefial for years to. come. Philip's commitment to his community is exemplified by his efforts within the fire service. O . . . _ _ . _ _ .. o / _ Gn ~°~ P fir...;. ~_ ~-,;t 2 ` ~ Y ~.-.~..:. ~~,~.. ar a : ,-3 1 1 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #:2 Consent Item #: Additional Item #: Department: County Manager Presenter: Pa e Count In A enda Packa e: Contact: Allen O'Neal ' SUBJECT: Presentation of Ten Year Plan -New Hanover County Board of Education 1 1 1 1 1 1 1 BRIEF SUMMARY: The Board of Education has submitted a resolution requesting the Board of Commissioners proceed with a bond referendum in the amount of $125 million. TheBoard of Education desires to discuss their ten year plan with the Board of Commissioners in relation to that request. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the Board of Education's presentation. FUNDING SOURCE: f~'cderal $: State $: County $: User G'ccs $: Olhcr $: Money Is In Current Budget; New Appropriation Rcqucst: Bud et Amendment Prc tired: LGL: rIN: BUD: I-III: COUNTY MANACrR'S COMMENTS AND RECOMMENDATIONS: I-Iear the Board of Education's presenta ' ~. You should have received the Ten Year Plan.. You may find it useful to bring it to the meeting. ~- _._ Rcfcr to Oflicc Vision Ikillctin [3onrd for Disposition ~lPPROilED V~ `~ E?.EJECTED ~ ~ ~~ l~.E!ViOVED C . fr'OSTPOIE" 4 ~_.~.--~ ,.ElZ1 lc.; ) BATE ,. ~ I,w~ . . REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: 3 . Consent Item #; Additional Item #: Department: Legal Department Presenter: Sam Wilson/Larry Ott Pa e Count In A enda Packa e: Contact: Wanda M. Co le SUBJECT: Falcon Cable i BRIEF. SUMMARY: Presentation by Sam Wilson, Regional Manager, and Larry Ott, Division Vice-President, of progress made ~~ and the plan to come into compliance with customer service requirements. ~~ ,: .RECOMMENDED MOTION AND REQUESTED ACTIONS• Hear presentation, make any comments or ask any questions you might have to insure improved service. ~' ' FUNDING. SOURCr: ~~ I'cdcral $: Statc $: County $: Uscr Fccs $: Othcr $: 'Money Is In Carrent Budget: New Appropriation Request: Bud ct Amendment Prc arcd: REVIEWED BY: LGL: .PIN: BUD: I-IR: COUNTY MANAGER'S COMMi;NTS AND RT;COM ~, RATIONS: Concur with County Attorney's comments noted above. . ~~~N ~MMi~i~Ai . D ~.PIPROVE® --~e~~d' - ~tEJECTED I~ ~~ REMOVED ~ POSTPONED ~ . .~g`~ ®ATlr. ,. ,~?~G..,~, . Rclcr to Oflicc Vision Dullclin I3o:ud for Disposition ' REQUEST FOR• BOARD ACTION Meeting Date: 03/24/97 Regular Item#: 4 . Consent Item #: Additional Item #: Department: Legal Department ~ Presenter: Sam Wilson/Larry Ott ' Pa e Count In A enda Packa e: 3 Contact: Wanda M. Co 1'e ~ ~ ' SUBJECT: Falcon Cable BRIEF SUMMARY: ' Presentation by Sam Wilson; Regional Manager, and Lany Ott; Division Vice-President, of progress made ' and the plan to come into compliance with customer service requirements. ~ - .~' ''~' ~~~ G~ ~ ~ ~ RECOMMENDED MOTION AND REQUESTED: ACTIONS: _ Hear presentation, make any continents or ask any questions you~might have to' insure unproved service. Federal S: State S: County S: 0.00 'User Fees S: Other S: Money Is In Current Budget: - New Appropriation Request: • Budget Amendment Prepared: ttL' V1L' WL'U IiY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A.AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with County Attorney's comments noted above. ~ -~..uti.x~+..~:r,„y. .~'F~ it i wc, i_u~ `. 'mil ~ +1 ~ ~~" R R ~ ",'.`^`°' (-1~ s .~'i :d ~~LJ ~ _'1 ~"~t ~~ APPR01Pk'®~ ~~• f 6 ~ ~ ~~~. "~""` REMOVEC~ (~ Refer to Officc Vision Bulletin $oard for Dispositiori l7AT~ :. T ~~7 y 7 -_ ___ ~~ fAICON CABLE MEDIA Post O[rice Boz 236 Ho11y Ridge, NC 28445 1:800.682.7814 Fax. 910.329.1022 '~ ~IC011 ~~ FEB 1997 ~, New Hanover County County Attorney. ~,~ ~ ~ February 27, 1997 . Ms. Wanda Copley New Hanover County Attorney 320 Chestnut Street, Room 309 Wilmington, NC. 28401-4095 RE: Notice of Technical Default Dear Ms. Copley:, , an/s7 Q ~_ We at Falcon want to thank you for meeting with us'on January 27. Please let me assure you that it is our intent to provide the best possible service to'our subscribers. Falcon fully intends to comply with all Federal and New Hanover County (the "Count/') rules and guidelines. As a result of our meeting. ,and in response to the Counts Notice of Technical default dated January 30, 1997, Falcon intends to make the necessary changes to come into compliance with the 30 second limitation on hold time. The next semi-annual proof of performance test should be completed in April. We v~ill send you a copy upon completion. In an effort to reduce the average hold time to less than 30 seconds, so as to comply with the the Countys Customer Service Regulations ,Falcon proposes to do the following: A) Purchase a new Controller for our on-line billing system which will enable us to add two additional terminals with staff trained to access customer service records and respond to inquiries. Target Goal March 28~'. l3) Develop staggered staffing schedule to enable us to answer calls during the busiest times of the day., Target Goal April 18. ~' C) Reevaluate hold time with the above changes and make necessary adjustments. Target Goal May 2na. D) Effective May 1G, average on hold time v~iC rot exceed EO seconds. ~isndoned calls will not exceed 120. E) .Effective July 25, average on hold time will not exceed 45 seconds. Abandoned calls v~ill not exceed 75. F) Effective September 19, .we will be in full compliance and will. meet the 30 second requirement. Abandoned calls will not exceed 25. Additionally, we have checked into the areas Ms. Howell reported as having area problems. In the Cape subdivision, an underground line feeding the area had been nicked in the past and was finally showing signs of over-attenuation due to the oxidation of the aluminum shield around tl~e center conductor . Once repaired normal service to the area was restored. page i Your Access to Entertainment, Information antl Beyond 7 February 24, 1997 Also in the Hidden Valley/Greenbriar subdivisions, we located an amplifier which apparently went into cross modulation during one of our cold snaps. Once.the levels were reset in all area amplifiers, normal service was resumed: The disposition of the 5 service complaints faxed to my office since January 27~'. is as follows: The Dittmer's -This residence has 5 TV's connected to cable. Their large screen TV was receiving a . less than desirable picture. Because there are 5 outlets at this residence ,the signal was .attenuated more than the ideal situation calls for, due to the splitter involved. At our last trip to the residence we provided a small power amplifier for` their home. This cleared up most of the problems. However the CBS station we deliver from Florence SC. does not provide the quality picture as the local ABC & NBC stations ,because of the distance from their transmitter site. The Florence station however does provide us with the best possible CBS transmission available to our local tower site. t~ The Stich's -Upon; amving at their home , we found the- problem -had already, been resolved. The problem was_the result of an amplifier going into cross modulation brought on by a sudden change in. ~ , .. a temperature; After technicians reset the proper levels. normal service was resumed. I also contacted the answering service to complain about .the treatment given Mr, Stitch and demanded they send him a ~ . personal apology: ~ ~ - .. The Howell's - A splitter on his home was very old causing over-attenuation of the signal and was replaced, We also found that his underground drop line needed to be replaced. The replacement was made and the line was reburied. . Ms. Linda Leach - we called Ms. Leach the day we received the fax from your office and she indicated ~} her reception. was fine now, we did however issue-her a $20,OO,credit for missing an appointment. ~ ~ U . ~ .. The Davis's -this problem was resolved by replacing a tap, the device used to connect the subscriber drop. ~ ~ . a Commencing this week end we are going to a 7 day work week, operating from 8 to 5 p.m. Our `goal is to eventually be operating 7 days 8 fo 10pm . We intend to be much more accessible and to thereby lower the amount of daily,phone traffic. Once„we can, assess any change in phone trafficas a result of Q our new schedule, we will make further adjustments as necessary to achieve our benchmarks. We ask that you confirm by your signature below that Fa!ccn's. plan has been reviewed and accepted ` by the County. So long as Falcon works diligently toward the stated objectives, Falcon will not be considered to be in violation of its franchise with the County. 8 i ~~~ ~! Sincerely, _ Sam Wilson Regional Manager Accepted By: _ New Hanover County Date February 24, 1997 0 e ~ 9 .~ fi This page intentionally left blank 10 n REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #:4 Consent Item #: Additional Item #: Department: County Manager Presenter: Kathy Dombroski &Gynelle Lane Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: The property owners of Castle Estates Subdivision seek help in obtaining street lighting in their neighborhood BRIEF SUMMARY: Property owners seek to obtain street lighting in their neighborhood to ensure a safer environment after dark. CP&L will not provide the service unless all property owners agree to the charge. The Castle Estates representatives could not obtain 100% participation. Therefore, they are requesting the County use it's ;~ authority to charge special assessments for street lights. RECOMMENDED MOTION AND REOUESTI;D ACTIONS: 1-Iear presentation by Kathy Dombroski .and Gynelle Lanc. FUNDING SOURCC: rcdcral $: State $: County $: User I~ccs $: Otlicr $: Money Is In Current Budget: New Appropriation Rcqucst: Budget Amendment Prepared: KI~~VIEWED BY: LGL: FIN: BUD: I-lR: COUNTY MANAGER'S COMMENTS AND RF,COMMI;NDATIONS• After hearing the presentation by the Castle Estates Subdivision --epresentatives the Board has several options: 1) Do nothing, and encourage the homeowners to continue trying to work together to achieve 100% participation; 2) Direct the County to set up special assessments as authorized by General Statutes; or 3) 1-lave the Legal Department wor[<C with CP&L and the property owners to determine if it is possible to have CP&L provide the service without 100% participation. The Commissioners need to realize this will bean on-going c~a~A~1~ ~'fl!IAMt;~.~llahr~l3a''~ special asses ent. The County will be required to contract with CP~X:L to provide the scrvic~ a year~to year basis d~PPROVED t~'. l~.E,lECTED ~ .t~ . ~ Rcfcr to Oflicc Vision (3ullclin Board for Disposition (F~EMOVED ~ r ~/ POSTPONE4 " ~ ~ ~. March 24, 1997 New Hanover County Board Of Commissioners Assembly_Room, New Hanover County Courthouse 24 North Third Street, Room 301 Wilmington, N.C. 28401 Robert G. Greer Chairman, William A. Caster Vice-Chairman Buzz Birzenieks, Commissioner - Ted Davis, Jr., Co:mmissioner Charles R. Howell, Commissioner . Allen O'Neal, County Manager - Wanda M. Copley, County Attorney - Lucie F. Harrell, County Clerk To The Board RE: Street Lights -- Castle Estates Subdivision Good Morning Commissioners: The Property Owners of the Castle Estates Subdivision would appreciate your assistance in our appeal for street lighting in the neighborhood. A brief history of when this all started and the paths it has taken to get to this position. Our efforts have been'on going since April 28, 1993, our first visit with CP&L to find out how we go about getting street lights installed in the neigh- borhood. CP&L said they would install the lights at intervals which would adequately light our streets for safety and the monthly bill would be divided equally among each customer's bill within the subdivision. We were required to have 100% participation. A petition was drawn up with an explanation of what we were trying to accomplish and carried door to door. All of the residents signed the petition but one. The residents which had signed the petition agreed to have the monthly cost of the lone decenter divided among our bills, but CP&L stands steadfast on the 100% rule. We have sent letters to the following organizations and individuals: North Carolina Utilities Commission, the late Senator Codirigton, Representative Karen Gottovi, Carolina Power and Light Company, Commissioner Bobby.Greer, Repre- sentative Tom Wrght, Senator Jesse Helms, Representative Eva Clayton,-North Garolina.Crime~Control and Public Safety, New Hanover County Sheriff's Department,. Representative Ed .N ye an governor Jim Hunt. Our most successful efforts .have been wi~l~Senator ,J:.ease,.-Helms and Governor Jim Hunt. They and their offcey~_have-,-secured information we .are sending a copy ~~'~ ~:; ~~. _ . e t to you. The Governor had an assistant, Anthony Petty, do some of 'the research on material we are asking you to utilize on our behalf. Enclosed you will find copies of two North Carolina Articles :from Chapters 153 through 156. Article 9 Special Assessments < sections ( 153A-185.Authority to make special assessments ) and ( 153A-186.Bases for making assessments ) on pages 81 & ~~ 82 but the most important we think is ( 153A-206.Street light assessments) on page 94' ). We hope you will help us with this matter by approving our petition for street lights in our subdivision., . We met with the commissioners and Ms. Wanda Copley, County Attorney ,in December 1996. Research was performed on the above mention Articles by Ms. Copley and then asked us to chuck CP&L on a rate schedule and any installation cost to put lights in the subdivision. Mr. Kenneth 0. Barnes Resource Coordinator, Wilmington South Operations for CP&L sent the information to Ms. Copley as requested. Approximately $10.16.40 will be required as escrow. We have collected from 75y of the residents. Thank you for your time and help: We ~. look :forward to our meeting with on April 7, 1997 and for your help to expedite this matter, so we can enjoy-the benefits of affordable street lighting in our subdivision. 'uYne a ~, Kathy Dombroski Residents of Castle Estates Subdivision Phone: 910-675-2949 13 k 1 . .~ti ~~~~ 1700 Eastwood Road . Wilmington, NC 28403 ~ '. January 31, 1997 - _ ' # . - ~~ Ms. Wanda Copley ~ ~ ' County Attorney - New Hanover County Administration Building 320 Chestnut Street Wilmington, NC 28401 ' RE: Street Lights-Castle Estates Subdivision Dear Ms. Copley: " ~ - I have been asked by Kathy Dombroski to forward to you our rate schedule for street lights along municipal roadways. This rate schedule applies to all municipalities. The ligh`fs chosen by the development are the 9500 lumen, sodium vapor lights and carry a mdnthly charge of $8.47' per light. There will be no installation charge for the lights. I have highlighted tl~e appropriate light in the rate schedule. . If you have any questions concerningthe`schedule, please call `me at 256=7246 or my pager at 772-1891. Your truly; Kenneth O. Barnes Resource Coordinator ~ ' Wilmington South Operations - u 14 77 A: he sac s ~nf.t §153A-185 ART. 9. SPECIAL ASSESSMENTS ge; hence, express authority ;d upon county commissatnarfair d estate of the county ~s not imply power to encumber ne by a mortgage. Threadgill v. of Comm rs, 99 N.C. 352, 6 S.E. g88). . yty eomn-issioners had no au- Y {o convey land on which they sped to erect courthouse by a ~sge deed to secure the bonds is- build it, and thereby render the adbuildinge liable to sale Cor satis- of the dehtCounty, 118 N.C. 636, ~m'o[ Forsyt g;:42b (1896). Action T..1 ^f Taxpayer to Bring to Restrain Exeao tosed omortgage ~of .- Though a P P commis- county land by the county sionere to secure bonds issued to build a courthouse would be void, and equity would egjoin foreclosure thereunder, a taxpayer may bring an action to restrnin the execution of the mortgage without waiting until foreclosure is threatened. Vaughn. 118 N C,s 636ei24 S E~rs425 County, (1896). Applied in National Medical2 5t 324 Inc. v. Sandrock, 72 N.C• APP• S.E.2d 268 (1985). -177. Recorlveyance of .property donated to a local government. ersonal property is conveyed without consideration to a it or p overnment to be used for a city, or other unit of local g ance and the purpose set out in the insotT other un t of local government ,ing body of the county, city, ur ose, the ones that the property will not be used for thatreconvey the ~;"""city, or other unit of local govean~ r or hisylieirs, assigns, ~,~ without consideratmake allreconveyance, the county, city, mnees. Before it may 'er unit of local government shall publish once 1973e ~ f 82Z~vs a entice of its intention to do so. (1937, c. 441; Za Code, . ;~., 53A-178 to 153A-184: Reserved for future codi('ication 8 e:~ f,:., purposes. ~.. :, ~ ,.. ,:~; ... .;, ;r•• ARTICLE 9• :r: 1989,: .1• w ~t ~,.; C` ~• Special Assessmen s. ~~,p 18 ~. b~~ rr 19. ;~ . ~,;, 18 Authority to make special assess- 53A - '~r ~•''• menu. '; ' :,c beof cited prop- l assess i os l n ~~ 19s S.E. a unty may make spec a t t c of the or otherwise 'thin the county for all or P extending a of , , ;.Constructing, reconstructing, ,building or improving water systems; or otherwise extending mn sionen ,qty held f • ~' , SConatructing, reconstructing, ' ~'buldin or improving sewage collection and disposal sys- tic tank systems or other patio 9- ~ ~ stems ofall types, including sep or disposal facilities or systems; no- ti ~ o i b oP yth of Fors on ,i ' -site collec i 3) Acquiring, constructing, reconstructing, extending, re o crating, or otherwise in i p .4 E. 4~b g, n ~;,vating, enlarging, mainta ' l;,,building or improving l or flood and hurricane protection wer ~ •a. a, Beach erosion contro r ~'' works; and ais ~'•~ 81 a ~ ;, ~ .., ~ . ~ ~ , ~, ~f i i~ i ; . 1, '` ~ §153A-186 CH..153A. COUNTIES ~' §153A.1` . , . ' 1b3A-187 _ b. Watershed improvement projects draina , a . r. ~' ~ ,. e water resources ~ development .projecgts P (ag ets th '7.,(5) A combi: lll lll I' projects are defined in G.S. 153A-301), _ (4) Constructing, reconstructing, paving; wideriin T.~ i - (c) Whenever t the be nation, .. ' ~ g, nstall curbs and tters and otherwise buildin and i , ~ t'~ g `Z of one or me `:°~ ii i !~ pro - m streets, as provided in G.S.'153A-205. (5) Providing street lights and street lightin i r ~ 'sets, to the di - ~ertaken and (,' . ~I ' g. n a ~ esidettt subdivision, as provided in G.S. 153A-206. ' . A county may not assess property within a city pursuant to sut~; i tection .work "• •ects• and watt, 1 ! s on {1) or (2) of this section unless the governing board of the ci :has by resolution approved the roj ct (1963 ~m the shorelin ation of the . e ! •?--~4.~ : ; p e : , c. 985,. s:• 1; 1965k~' - 714; 1969, c. 474, s. 1; 1973, c. 822, s. l; 1975, c. 487, s. 1; 1979~'~ - - 619 s 11 1983 32 ?. I y riefit zone is es~ t t m 1 , . ; , c. 1, s. 1; 1989 (Reg. Sess., 1990) c 3: •' - 923 ~ en o ,assess ~y , . , , (d) For each pr. l Local IVlodificntion. - (As to Article at~d sewer authorities established Pia Vii' ~ 9) Avery and Brunswick: 1987 (Reg. ant to Chapter 1G2A Arti l ` 'III bush ari asse ~ section that ' i ii ~ I~ ~ , c e 1, see C$ - .Bess., 1988), c. 1046; Mecklenburg: 1983, § 1G2A-G. ~ ' , d according to , c. 189. ' Effect of Amendments. - The.19 Cross References. - As to'applica- ($eg.'Sess., 1990) amendment ff ctii t S decision.: ~• ject to .further ."~,,,.~ , e e n iility to assessments levied by water July 1G; 1990, added subdivision (5) ~:`~ ,. C. 82~ 4~` 1973 : 11 ~ . f , ~~ ,. ~ ~ ~ :' , ~ _§ 153A-186. Bases for ;makin assessments. ' ~ 163A-1:87. c v c ~ ~ ~ l i .1) ~ i ,~ 1 '. (a) For water or sewer projects, assessments may. be made on t .basis of: }' ~ ~ ~ ~~ ~ Tit I ~~i i ~ e'board of cc i ~ ~• ris .from assess ~ ~ : ' al j i . ~ ~ (1) The frontage abutting on the project, at an equal rater !~ 1r ~ I I n~water. or see g •edule •of ex i ~ '! ~ ` foot of frontage; or "'~ ~ (2) The street frontage of the lots served, or subject to be e '~idential, coma Qrm fo h ~ served, by the project, at an equal rate per foot of frontag • or ' . r eac r ~," than seventy , ' ' ~ ~ ;~ (3) The area of land served, or subject to being served, by tha ~? ', ,~ er lot, or 150 f ' '` 822 s. 1.) ~..} (project, at an equal rate per unit of area; or ~ {4) I'he valuation of land served, or subject to being served, b` . ~ `' t"~ ~ T ~ ~ the project, being the value of the. land without improve- ~ ~ i ~163A-188. L ' meats as shown on the tax records of the `county, at' r e ual rate ,.; q per dollar oC valuation &'`~~ ^ l; ~ ~~_crce t as P provi ; or (5) The number of lots served, or subject to being served, by the mpt from sppe. '' tilted States tha ~ project when the project involves extension of~an existing _ `and in the c ) ~ 4 • • t - system to a residential or commercial subdivision, at ~an e ual rat l ~ ~ , . way delineat ~N q e per ot; or . • : (6) A combination of two or more of these bases. ":l~~ Art icle 21, P sets land o w ,.: 4 ., ~ (b) For beach erosion' control 'or [food and hurricane protection works wate h d i , , n ~ mpt from asses ~ e;. . , rs e mprovement, projects, drainage projects :water resources development projects, assessments may be made PII ' n uld be exempt f c 958 ~' '" .~ the basis of: .. :.. f ~ .. , s. , .,: •. . ~~. ' (1) The fronta e abutttn p ~ q g g on the ro`ect;' at an e ual rate p~ ~ . ~~' .kcal hiodificntior I ~-- ~ foot of frontage;' or ~ ~ (2) The frontage abutting on a beach or shoreline or; wets 7,''c: 712. t`~ ' : i4 ' course protected or benefited by the project, at an equi~ 1 t ca'd' , 53A-189 ' s( ~ : ,y ra e per foot of frontage; or (3) The area of land benefited b the ~ ~' at an equal ra y project 4 fir. ~~` ,. . ' ~ :,, : .. P rc ~~ '~' ,~- . ~ ~ , per unit of area; or ~' ` ,~, (4) the valuation of land benefited b being t~ the t j t «~~ , ~ < <' • . ~ •`a county prof o s o ~Ss,, y , pro ec value of the and without improvements as shown on.~e ~.;~,- ~ ~'~ ,+ ; wned by th ~ iasion or in ; i r ,. ~ ~ tax records of the county, at an equal rate per dollar ,~,; va]uation; or -- '*~~ ~ , ~, , . s ,;Project byy`spec; eat th ~ e Counci ~. " 82 ,p ~~ ' -. ~~ .. _ I _ ~~ ~. .,'W..r _ / .~ ~ .-.,-....vim ~ - -, 1=- ~153A-206 cn. [SSA. cclurr'rtcs §153 A=. lion of the notice of adoption of the preliminary assessment reso lion, fd) 'Phis section is intended t.o provide a means oC ussistingl linancing improvements Lo subdivision and residential streets t} are on the State highway system or that will, as a result of:t improvements, become a part of the system. By linancing improi meats under this section, a county does not thereby acquire or'F same any responsibility for the street or• streets involved county has no liability arising from the construction of su~nd ~ im rovement or the maintenance, of srrclt a street. Nothin h'~ p ginth ' section shall be construed to alter the conditions and pt•ocedur . under which State system streets or other public streets at•e trap ferred to municipal street systems pw•suant to G.S. 136-66.1 ~ 136=66.2 upon annexation by, or incorporation of, a municipa]it (1975, c. 487, s. 2; c. 716, s. 7; 1981, c. 768J ._ ~j i i , ca ~o ~ ~' ~ ~ ~• ~ o .~ ,[ i U *-' ' c+~ ~~ ., i l :I ... '~ ~\_153A-206.1Street light assessments. ':K. (a) Authorization. A count ma ~~~ y y annually levy special asses menns against benefited property in a residential subdivisfe within the county and not within a city for the costs of providit street lights and street lighting pursuant to the procedures `p"n vided in this Article. The provisions of this Article, other than G.' 153A-186, G.S. 153A-187 and G.S. 1.53A-190' through G.; • 153A-193, apply to street light assessments under this section, (b) Basis of Assessment. The estinurled costs of providing sore • lights and street lighting shall be apportioned among all benetife property on the basis of the number of lots served, or subjec Tt ~ being served, by the street lights, at an equal rate per Iot..'~r'~ (c) Amount ot• Assessment. 'I'he county shall determine ~t}u amount of the assessments on the basis of an estimate of tho cost`o constt•ucting or o~terating the street lights durint; the ensuing yeaP and the board of comrnissioncrs' determination of the amount of th7 I assessment is conclusive. 1n determining Lhe total cost to be:in~ eluded in Lhe assessment, the board may also include estimntCjd costs. of necessary legal services, projected utility rate increns~ ~ and the costs to the county oC adnunistcring and collecting:(he assessment. ~ i6~ (d1 Procedure. 'I'he county may approve the levy of street ]igh'E assessments under this section upon petition of at least two-thirdd of the. owners of the lots within the subdivision. The request;oj~ petition shall include an estimate from the appropriate utility~o6 the charge for providing street lights and street lighting within thii'' subdivision for one year. Upon approval of the petition, the peti boning owner or owners shall pay to the tax collector the to . estima"led assessment amount for the ensuing year as determin: by the county. This payment shall be set aside by the county~.,• office in escrow as security for payment of Lhe assessmentsa (e) Collection and Administration. The county shall levy~• , street light assessments on an annual basis and shall pay the co of providing street lights and street lighting to the approprie utility on a periodic basis.'I'he assessment amount shall be ac]~tie_ on an annual basis in order to maintain in the escrow account amount equal to the estimated cost ot•providinb=street lightin6'pp1 related expenses for the ensuing yeat•• (1989 (1?e Sess., 1990)r 94 1 _j ~'. 1 ~3 ~. r ~iA ' REQUEST FOR BOARD ACTION- Meeting Date: 04/07/97 [tegular Item #: 5 Consent Item #: .Additional Item #: Department: Fire Administration Presenter: ['age .Count In Agenda Package: Contact: Phil Kouwe SUBJECT: Second Reading: Consideration of approval of proposed Ordinance amending current County Code, Section 8 & Fire Commission Bylaws BRIEF SUMMARY: These ordinances were reviewed at the March 24, 1997 meeting. Since the vote was not unanimous (4-1 in favor), a second reading is required. ..RECOMMENDED MOTION AND REOUI;STrD ACTIONS: Consider adoption of proposed ordinance changes as recommended by the Fire Administrator. 1+'U1VllI1V(Y SUUItCI~: Federal $: State $: County $: Uscr Fces $: Other $: Money Is In Current Budget: New Appropriation Request: ,Budget Amendment Prepared: ~ LGL: FIN: BUD: I-1R: ~ COUNTY MANAGER'S COMMrNTS AND RrCOMMrNDATIONS: Since a unanimous vote was not received on initial reading, the Board is required to consider the ordinance changes at a second meeting. Consider the changes requested by the F' Administrator. I-Iold second vote on the changes. This does not have to be unanimous for passage. r - ~.PPROVE _ 6~.EJEC1'ED 1~ 9 ~?ENiOVED ~ . ' ~ ~ ~'- -~ Rcler to Oflice Vision Bulletin Board for llisposition POSTPO!~E® ~'~ ~~ j .:,... J.:,~,~.~ DRAFT AN ORDINANCE: .. . . OF THE .. ..... . _ NEW HANOVER COUNTY ' ~ , BOARD OF COMMISSIONERS - .. , The Board of Commissioners of New Hanover County, North Caroliria, does hereby ordain and approve that the New Hanover County Board of Fire Commissioner Bylaws be _ . amended.as follows: a Delete Subsection 2.4. Except as above amended, the Board of Tire Commissioner Bylaws shall remain in full force and effect. This the _ day of , 1997 ' NEW I-IANOVER COUNTY [SEAL] 4 ATTEST: Cleik to the Board" ~~ ,-.. e f~Y f G uY~a~~3f { ~, eat ~ a j, ~ Robert G. Greer, Chairman Board of Commissioners " ~. AN ORllINANCE - D~`~~~ OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordairi that Chapter 8, Fire Prevention and Protection, New Hanover County Code, is hereby amended as follows: Amend Section. 8-21, Duties of the Fire Marshal, to read: 1 7 1 1 i 1 f 1 " The Fire Marshal shall have the following duties and authority in fire prevention and code enforcement as perrx-itted in G.S. Sections 153A-234, 58-79-20, and 58-79-1 including, but not limited to: 1. Making fire prevention inspections, including the periodic inspections and reports of school buildings required by Chapter 115 and the inspection. ofday-care facilities required by Chapter 110. 2. Exercising, as Director of the Fire Prevention Division of the Department of Fire Services Administration, all duties, powers, and authority express and inherent in that office, including the enforcement of the State Fire Prevention Code. 3. Investigating the cause, origin, ~lnd circumstances of Gres occurring in the unincorporated county in which property has been damaged or destroyed. Add Section 8-22, Dele ation. The Fire Marshal may utilize duly authorized deputy Gre marshals or local Gre department personnel in the. performance of his/her duties.. . Tliis the {SEAL] ATTCST: Clerk to the Board day of 1997 NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners 21 F NEW HA.NOVER COUNTY FIRE SERVICES ADMINISTRATION 414 CHESTNUT STREET, ROOM 307 WILMINGTON, NORTH CAROLINA 28401-4045 TELEPHONE (910) 341-7420 - TO: Kemp Burpeau ~ ~ ' FROM:Phil Kouwe, Administrator" t ' DATE: March 25, 1997 _ ~ - SUBJECT: Fire Commission By-Laws Recently,"h was conducting an introductory presentation to 'the new County Commissioners regarding the history, purpose and objectives~of the Fire Commission. f1s I did so, I reviewed - '. section 2.4 of the Fire Commissions bylaws which identifies the Fire Commission as the county's "appeals board as prescribed in the Fire Appeals bylaws in matters related to code enforcement decisions rendered by the 'Office of the Fire'IVlarshal". Iv1y curiosity got the best of me and h decided to seek"out further information regarding this. I wanted to learn more about that process and how appeals were filed in front of this board. ' What I found may indicate a -need for further revision of the Fire Commission bylaws. I can, find no reference to a local appeals process for fire- codeenforcement in either the County Ordinances, the State Fire Prevention Code'(Building Code Volume 5), or the State Building Code Administration and Enforcement (Volume lA). In other words, I'm not sure such a process actually exists. ~ • Here's my theory (for what it's worth) that resulted from my initial sleuthing. It appears the references to the appeals board authority and responsibility dates back to the original Fire Commission bylaws created in the mid 80's. I found a set of bylaws for the "Fire Appeals Board" indicating -a revision in 1987. A'll of this pre-dates "the State Fire Prevention Code (Volume 5) by several years. When the State Fire-Prevention Code was adopted by the county in the early 90's, the county ordinance indicates a repeal of some previous ordinances which I could not locate. What I believe occurred is that we utilized a locally created fire code prior to the institution of the state's Fire Prevention. Code and I'm :willing to bet it had some sort of appeals process built into it. I'm further guessing that those duties were passed to the Fire Commission. More than likely, when the state code was put into effect, the -local code was repealed and its associated appeals process was superseded by the appeal process outlined .in the State Building Code Administration chapters. If this, is the case, we never adjusted the Fire Commission's bylaws to reflect that change. If true, I recommend that we do so as soon as possible. The reason for this is simple. We do not want to confuse matters of code enforcement by anyone the impression that there exists a local appeals process which is not authorized tstate building and fire codes. Such an error could muddy the waters of a legal appeals ~.::v ~. process in matters of code enforcement, and such appeals at the state level are confusing enough as it is. _ ~ Could you .please review my findings and follow up by letting me know what -your research '~ uncovers? If an action is needed, perhaps you could initiate the appropriate corrections. I thank you, in advance,. for your assistance in this matter. Phil ~• cc: Dave Weaver ~' Aubrey Rivenbark _ Jay Graham ~~ ~~ ~? . ~'~~ ! ~~ ~~ ±~ ~` ' B~ ~~ 2~ .~; NEW HANOVER COUNTY FIRE SERVICES ADMINISTRATION 414 CHESTNUT STREET, ROOM 307 WILMINGTON, NORTH CAROLINA 28401-4045 . .TELEPHONE (910) 341-.7420 ~~~~o~~~«,o~~~~e .. TO: Kemp Burpeau FROM: Phil Kouwe, Administrator DATE: March 25, 1997 ST.TBJrECT: Suggested revisions to documents As requested, I have reviewed the Fire Commission Bylaws and the County Code and recommend the following changes: Fire Commission Bylaws- Delete Article II, Section 2.4. This would appear to remove any reference to the now-defunct local appeals process for state fire code enforcement. County Code- Section 8-21. Amend to: "The fire marshal shall have the following duties and ntrthority in fire prevention and.code enforcement as permitted in G.S. sections 153A-234, 58-79-20, and 58-79-1 inclz~ding, bz~t not limited to: ' 1. Making fire prevention inspections, including the periodic inspections and reports of school buildings regz~ired by chapter l I S and the inspections of dny-care facilities regzzired by chapter 110. 2. Exercising, as director of the Fire Prevention Division of the Department of Fire Services Administration, all duties, powers, and azrthority express and inherent in that office, inclzding the enforcement of the Stale Firc Prevention Code. 3. Investigating the cause, origin, and circumstances of frres occzu•ring in the unincorporated county in which property has been damaged or destroyed. " I would further recommend we add something with the following reference: "The ftre marshal may utilize duly authorized depzrty fire marshals or local fire department personnel in the performance of his/her dirties. " Thanks, Kemp! Cc: Aubrey Rivenbark - 24 - - _ REQUEST FOR BOARD ACTION ,~ Meeting Date: 04/07/97 ~` r Regular Item #: 6 + Consent Item #: Additional Item #: Department: Presenter: Pa e Count In A enda Packa e: Contact: Wanda Co le SUBJECT: Public Comments will be heard concerning proposed Personal Watercraft Ordinance and Recommendations ' presented by the PWC Task Force BRIEF SUMMARY: ~_ ~- - RI+~COMMENDED MOTION AND REQUESTED ACTIONS: 0 B B Uscr Fccs $: Ncw Appropriation Rcqucst: Otl~cr $: REVIEWED BY: ' ~~' LGL: FIN• - >3U1: I IR: COUNTY MANAGER'S COMMENTS AND RT;COMMI;NDATIONS: Hear Publi c Comments. ~~ - ~ R~IVif~~,~I , s ', ~PPROVE® ~=-~f-I~ear~ J , E~EJECTED ~?Ei~QVED ... Rcfcr to Office Vision I3ullctin Board for Disposition P(}STPDNI' ll REQUEST FOR-BOARD ACTION •~~ Meeting Date: 03/24/97 ... Regulaz Item n: 3 Consent Item n: ~. •~ Additional. Item m. Department: Legal Department - ~ Presenter: Arland. Whitesides 1 _ Page Count In Agenda Packa e: 6 Contact: Wanda M. Co le Personal Watercraft (PWC)Task Force Draft Ordinance and Recommendations. •'' ~- ~ '; 4 ~3RIEF SUMMARY• A group of New Hanover County citizens organized and requested that the Commissioners form a task force to study public safety issues and environmental issues relating to the operation of personal watercraft. A presentation will be made today for the Board's consideration for adoption at a later meeting. ~, ewe. '~ ~5 . 3~ ~ _, _ RECOMMEND D MOTION AND FnT1FSTED A TIONS Personal Watercraft Task Force makes the following recommendations: 1) New Hanover County agrees to fund and post signs of PWC ordinances. 2) PWC ordinances shall become effective on the day of adoption. 3) Establish a permanent watercraft safety committee to review and implement ordinances and recommendations of the PWC task force and they water uses and safety issues. Representation of watercraft safety committee shall be as the original PWC task force. 4) The New Hanover County Sheriff's Department shall establish amarine/boat patrol for enforcement of these PWC ordinances. Funding source to be determined at a later date. r_y1v1V11y1r JVVKI.!/' Federal S: State S: Money Is In Current Budget: Budget Amendment Prepared: REVI__EWED BY: County S: User Fees S: Other S: - - New Appropriation Request: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT .BOUNTY MANAGER' COMMENT AND RE OMM NDATIONS~ Hear presentation and consider Ordinance. The Board may wish to consider the Ordinance for several weeks before scheduling the item for a vote. ' ~"' a '~„~." ""' ~ ,. ~ .~~ w "'ti . ~ ,~' rir - ' Rcfcr to Office Vision Bulletin Board for Disposition c n ~~ ~~ ~ ' i . i^~" ... ~ Information Sheet on Personal Watercraft ' oating accidenu statistics from N.C. Wildlife Resources Commission: (these do not include Coast Guard Statistics). Some statistics from Wildlife Resources Commission ~an• slightly Kithin same-year pages furnished to the task force.) 1996 statistics j are being collected at this time. { ~ of PWC accidents, ;r of PWC operators in accidenu and related percentage of PWC's to all t}•pes of boats in accidcnu: ....Year * Non-fatal * Fatal * _~ of aeople rernuring medical treatment * # of rental vessels txr aaidcnts c 991 14, 21, (10%) 0 5 NA .992 23, 43, (20%) 1 (5%) 10 NA f . 1'993 45, 67, (31%) 0 31 NA '~99-3 5~, 73 (25%) 3 (13%) 23 16/73 99~ 112, 178, (48%) 2 (10%) 70 61/178 ** 1995 (first }'ear of this statistic)** 26,162 of 318,15 vessels registered ~•ere PWC's (8%) }•et PWC's represent 48% of all t}pcs of au in accidenu in 1995. For }•ears, 1993,1994, and 199 the tu•o leading accident types «•ere collision with vessel and collision t~ith red object. )n 1993, 199.3, and 1995 the three leading causes of PWC accidenu were operator inattention o ra _excessive speed pc for tncapcnence and .~ c terms often found in PWC regulations: ' a usually invoh•cs !i ' speed rents w•ttlun so man}• feet of people in cater, shore, other boaters, docks. anchored vessels, ete. Lanyards are attached betv<•een operator and "kill suitch° on vessel in case of operator's falling from }vessel. ~~tdit}•(stirring up of suspended sedimenu in shallo~~• Haters which affects fish and bird feeding) and noise a8"ecting nesting birds arc Mme of the environmental concerns aclanon•ledged b~• the PWC induct • in iu em ' i `• r} zronmental guide. • rtli Carolina areas a~th local regulations: (~~arious regulations concerning age, livery, provmity to docks. shorts & people) ~ ~lce W}•lie, Lake Norman, To«~ns of Southern Shores. Nags Head, Suruet Beat To sail Beach _ ~ p ,Surf Ctn• r ~ to and local boating administrators consulted: (states «ith like coastal habitat, tourisu, climate, etc.) r}•land Alabama, Florida, South Carolina, Nonh Carolina, Georga e Wylie Marine Commission, and Lake Norman Marine Commission :!Charleston Count}' {S. C.) Marine Patrol, and CharlotteJMecklenburg Count}• Marine Patrol '~ .current PWC regulations: prohibit wake jumping. «•ea~ing in congested eaters, and playing chicken(hcading straight to another ;~~esset and turning ati~a}• at last minute). Hours of operations are restricted to da}'light. nmar}' of state or local regulations with more PWC regulations than current N. C. state boating ]a~~•: Ma~n•land-age, speed limits based on various proximin•, mandatory education of }•oung operators, li~•ery, laniard, additional localizcri r coons in spxific areas of environmental concerns • - (all boau) age, speed limiu based on various proximin•, mandatory education of young o razors lam~ard for PW a e, - Pe ~ C g speed limits based on carious pro.~min•, liven, lan}•ard, speed limits in tidal weeks ~.A.-age, special restricted zones based on visibilit,•, congestion ,number of boating accidents -age, ,mandatory education, lan}'ard ' North Carolina Wildlife Enforcement Officers onh• enforce laws enacted ~~ the N. C. General Assembly and rules adopted b,• the N. C. wife Resources Commission. Deadline to submit locals acts to Raleigh for May session is AP~•t ~c, N;. C. Wildlife Resources Commission officers do not patrol al( ~•ear. Their boat patrol is limited to summer months (usually beh~•ecn fie hunting seasons, from around Memorial Day to Labor Day). The~• cover Pendcr and New Hano~•er waters with shifts of -i men. the focal legislation in «•hich these ordinances are being considered only addresses personal watercraft. There are no provisions for ~t~ boats: 27 ~.:'s have~ft discussed for the last two years at the annual meeting of the N. C. Coastal Mayors, Managers and Administrators. ;~ -.~ . ,. ~ .. ... Proposal for New Hanover County Sheriff s Department Boat Patro: Purchase of One{l) 19' center console Boat (as used !ry State Wildlife and Marine Fisheries officers) Clothing & Equipment for deputies (51,872.59 ea x 4) Salary & benefits for Deputies >~ (528,70.38 ea x 4) Total Cost Proposed schedule-year round: Da~•s: Wednesday-Sunday _ Time: 1000 hours- 2200 hours y Shifu: SiK (6) hour•shifts with rtco (2) deputies per shift Additional supplies: Fucl an ~ I ~~ Ya d oil for one 2~SHP engine i ` ' ' , a .~l .. . r .~ ~. ~, 28 ~~ ~ . ~ 7 { ~ ~ DRAFT_ ~~_- ' ~ AN ORDINANCE ~_ OF THE ~ ~~ ~~~• NEW HANOVER COUNTY t '~ 6OARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby enact Article XV, Personal Watercraft Safety, to be codified in Chapter 12, Offenses, of the New Hanover County Code: Section 12-143. Definition. For purposes of this ordinance, 'personal watercraft' means a small vessel which uses an outboard motpr_ ocean inhna~ ,,,,,+~~ nnw ring a water iet pump as its primary source of motive power ar-tj which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behn"d the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. Section 12-144.., Operator. f 1ie_ A person shall not lease, hire, rent, operate, or knowinglygive permission to operate a I `~ - personal watercraft on the waters in this County unless the operator is 16 years of age; provided, however, said pr~ibition is subject to the following exceptions: ~~ (a) A person between the ages of 13 and 16 may operate a personal watercraft if he has completed a boater's safety education course approved by the N. C. Department of Wildlife and Natural r,~. Resources, U. S. Coast Guard Auxiliary or National Association of State Boatin Law Administrators 9 ,and is in possession of the certificate at time of operation. (b) A person. between the ages of 13 and 16 may operate a personal watercraft without certification if accompanied by an adult age 18 or older. The lanyard of the personal watercraft must be attached to the adult. ~` Section 12-145. Reouired Eouipment. A person shall not operate a personal watercraft on the waters of New Hanover County unless such personal watercraft is equipped with aself-circling device or a lanyard-type en ine cutoff switch. If equipped with aself-circling device, such device must be fully operational. If equipped with a lanyard-type engine cutoff switch, the lanyard must be attached to.the operator's clothing, body, or !. ~ personal flotation device. I ~ Section 12-146. S eed. In the following specified areas, no person may operate a personal watercraft in excess of headway speed which shall not exceed five mph: (a) Within the posted waters of the University of North Carolina at Wilmington Research leased area. . `~, (b) 1n~thin threehundred (300') feet of posted waterbird sanctuaries or management areas. (c) Within fifty (50') feet of a person in the water or an anchored vessel. (d) Within fifty (SO') feet of marsh or shore within the area bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, an~ "~' rolina Beach Inlet to the south this marsh area is withi ( n the boundaries of the Masonboro Island mponent of the North Carolina National Estuarine Research Reserve System). This subsection does not prohibit the operation of personal watercraft in bodies of water less than one hundred (100') feet in width. -~ (e) Within thirty (30') feet of a pier or dock in the waters of New Hanover County excluding the waters of the Intracoastal Waterway. (f) Within the New Hanover County waters of the Atlantic Ocean, a person may not operate a personal watercraft at any time in excess of headway speed which shall not exceed five mph within three hundred (300') feet of persons in the water or surf fishermen. Section 12-147. Wildlife. In accordance with N. C. General Statute 113-291.1, it shall be unlawful ran operator of a personal watercraft on~the waters in New Hanover County to chase, harass,'.molest, prry or disturb any wildlifeexcept when lawfully angling for, hunting or trapping such wildlife.: . Sectior 12-148. Sale. At the time of purchase, a dealer in personal watercraft shall require the buyer of a personal watercraft to view a safety video addressing safe operation of the watercraft. Section 12=149. Lease. A personal watercraft livery owner or the livery's agent or employee shall: (aj Posf personal watercraft regulations; ~ - (b) Require all renters to read the regulations; (cf'Require all rehters to sign a rental contract, containing a. clause stating that the renter read and understood all applicable safety regulations; and ~ .. . ~~ (d) Require all renters to view a New Hanover County approved video relating to personal atercraft safety operation. S wt~V F ees. .. Section 92-150. Penalties. ~ ~ ~ , Any person who shall violate the provisions of this, Article shall b~e~guilty of a.Class 3 - misdemeanor punishable'by a fine of not more than Two Hundred and Fifty Dollars (S250.00) or imprisonment for not more than twenty (20) days, in the discretion of the Court, as provided by Section 14- 4 of the General Statutes. This the day of _ [SEAL) - NEW HANOVER COUNTY ., ATTEST: Robert G. Greer, Chairman n n .Board of Commissioners ~ 1 - Zler to the Board 1997. 9 0 t a v a v A A fl a a a v a a s AN ACT TO AUTHORIZE THE WILDLIFE RESOURCES COMMISSION TO .ENFORCE CERTAIN ORDINANCES IN NEW.HANOVER COUNTY. The General Assembly of North Carolina enacts: Section 1. The North Carolina Wildlife Resources Commission shall have concurrent jurisdiction. with any other authorized local, state, and federal law enforcement agencies to enforce any ordinances enacted pursuant to Session Laws 1993, c.' 12~. Section 2. This Act applies only to New Hanover County and the municipalities thereof asset forth in Session Laws 1993, c. 125: Section 3. This act shall become effective upon ratification. 10 31 t This page.intentionally_left blank 32 1 d A 0 8 n a a ;~' . ~. ~~ ,:, ~~f 0 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Zegular Item #: 7A Consent Item #: Additional Item #: department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 5 Contact: Pete Avery SUBJECT: Rezoning, Continued Item (Z-586, 1/97) BRIEF SUMMARY: Request by Hello Filippini for Matt Holdings Inc. to rezone 1.3 acres at the terminus of Royal Street in the 2700 block of U.S. Highway 421 North to I-2 Heavy Industrial from R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: ~cdcral $: State $: County $: User Fecs $: Other $: Honey Is In Current I3udgct: New Appropriation Rcqucst: 3u~ct Amendment Prepared: REVIEWED BY: LGL: FIN:. BUD: I-IR: COUNTY MANAGER'S COMMENTS AND RI;COMMF,NDATIONS: Rcli:r to Oflice Vision 13ollctin Board for Disposition k~PI'R®VED ~~ DEJECTED 1 P~,EMOVED ~ ~, 3 ~'OSTPOIVED '~~ I ITEM A ~ . Case: -2-586; 1/97; Nello Filippiini for Matt Holdings, Inc. - • ' ,- Request: R-15 to I-2 Acreage: 1.23 Locltion: Terminus of Royal Street, 2700 Block of US Hwy. 421_ (Note: This item appeared on the Board of County Commissioiicrs February 2, 1997 agenda. Due to opposition from nearby property owners, which wasn't evident at the Planning Board meeting, the Commissioners decided to table the request for 30 days. In the interim, Staff was directed to advise the applicant to make arrangements to meet with nearby property owners to discuss development plans and to determine if their concerns related to setbacks, noise, hours of operation and other matters could be addressed. The applicant was given written and verbal notiCcation of this decision. Ttie item was rescheduled for the March 10 meeting but no action was taken because.the petitioner and . nearby property owners had not met as previously directed to discuss devclopmenf of the site. Thus, the Commissioners voted to table the matter :mother 30 days to its April 7, 1997 agenda.) Planning Board Summary The Board voted unanimously to recommend approval of the applicant's petition as submitted. The Board noted t}~at the rezoning would be consistent with tl~e intent of the Land Use Plan and the general zoning pattern of the area. There was no opposition. Planning Staff Summary With the exception of the Flemington community, a small and older residential development that has been in a state of decline for a number of years, all lands along the US 421 Highway corridor are zoned I-2 Heavy Industrial There is a wide variety of land uses along the highway. These include trucking, manufacturing, commercial services and business services. Large-heavy manufacturing facilities, such as steel and chemical operations, are commonplace. Residential uses, including single family and mobile homes, are scattered throughout the residential.district. Recently, the County granted a special use permit for a nearby land owner to a locate a mobile home in the T-2 District. However, the placement or construction of new dwellings in the area has been very slow, being limited primarily to mobile homes. The subject parcel,.represents aportion of a larger tract of land that is already zoned I-2 I-Ieavy Industrial ~~Therappl~eant~ seeks rezoning to unify the tract under one zoning classification. Even though the area~zonedF~RrIS~'remains undeveloped .and undivided, the applicant correctly oints out that the residenhal`zoning creates setback problems. As such new development or nsion of existing uses m'"th'e contiguous I-2 District must comply with setback standards -; a'~ {mss 5 n R .. `~~ -IS i tract even if the owner owns the entire tract. predicated on the presence of the adjacent R D s , .Rezoning the R-15 area to I-2 would eliminate that problem. It would also recognize the -~' predominant zoning trend in the area. . .Rezoning the site would subject existing residential lots located along Flemington Road to ~s potential industrial uses not now evident. However, encroachment would be minimized by stringent setback and buffer standards. The heavy industrial district must comply with the largest setback of all the non-residential districts. ~.~~, The site is classified Rural in the Land Use Plan. This land class restricts residential density where urban services cannot be economically extended. Industry, agriculture and related uses are ,~~ deemed suitable for this land classification. Given the vast industrial zoning in the area, a favorable land classification and the presence of .~ non-residential uses on adjacent properties, industrial zoning for the tract seems appropriate. Also, these conditions sharply diminish the residential appeal this tract may once have had, making '~' the placement of homes there unlikely. ~: ~~' ~~ ~ .. ~. f l~t` ~x ~~ .:~~ 35 ~: ~ . 'WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendmenfs to zoning maps should"also be based on a Land Use Plan, you must explain in the space below how. your request satisfies each of.the follow- ing requirements. 1. How would the requested change be consistent with the County's Policies for Growth and Development?: , Highway 421 is an Industrial Corridor 2oned.I-2. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The property is part of a I-2 Parcel of Land. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is tl~e land involved unsuitable for the uses permitted under lf~c existing zoning? There hasn't been anti residential growth in this area for several years. Recent growth in this area has been in an Industrial nature. In signing this petition, I understand that the existing zoning map. is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- gling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would proBably be illegal. I certify that all the information presented in this application is accurate to the best of my knowledge, information, and belief. 36 Signature of e 'boner and/or Owner _ -~---- I~ ~ . ~. ;~~ ~~ PETITION SUMMARY SHEET .. . Petition Number: Z-$86 ~~,, Owner: Matt Holdings, Inc. Representative; _ Nello Filippini O,. Request: R-15 to I-2 Acreage: 1 . ~ Tax ID Number: 4007 Location: _?7 ~ ~ r}~ 4 ~ i N~rt-h ' ;, ~ LAND USE, ZONING, UTILITIES and SERVICES • • Land Classification: Rural ~' Existing Land Ylse: Vacant `~ 7.oning $istory: ~' Area oricrina] 1v ~onPd DPr ~ 4~i . N~ m~c~i f; ra+-; r,,,~ s~! ~ made to parent tract.. 'Watcr Typc: well Scwcr Type'. Se tic 4~. Fire District: North Wi 1 mi nq~~n Recreation: Riverwalk area f,- Road Access: US 421 North Volume: 10, 100 ADT (' 95 cou: N/A Conversion to industrial ~~. School District: MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed and Water Quality Classification• Cafe Fear (Sw) ~_ Aquifer RechargeArea• Outside brimar~ and cr~rnrir7~r. 1Y-„~~ None Conservation Resources: '~, $istoric Landmarks and Archcolo ical Sites: None I Soil 'Z'ype~s~ end CIASS: Kureb (Kr~) Class I Septic Tank Suitability: Few units ~ Prime Agric~ltur~-1 Soils: I None ~ ~~ttl~ina ,Siiifnhilihv~ Few units _ ' __ This page intentionally left blank 38 '^~i ~~. r~ ~- ~r. J r i i i i r REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: 7B Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 5 Contact: P. Ave SUBJECT: Rezoning (Z-596, 3/9.7) BRIEF SUMMARY: Request by the Saturn Corporation to rezone 35.95 acres on the west side of Carolina Beach Road south of and adjacent to Marquis Hilts subdivision to R-10 Residential from R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. i~,~ a:~- 4 : ,J' . a, ~' ~ ?,. ' Y ~ s~ I+'UNllIIV(~ ~yUK(.L. Federal $: ~ State $: County $: User tees ~: Other $: ' Money Is In Current Budget: New Appropriation Rcqucst: Bud et Amendment Prc arcd: REVIEWED.BY: LGL: PIN: BUD: ~ ~ ~ I~R: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Rcler to Office Vision Ikdlctin 13oarc1 Cor Disposition ~PPROVEq ~" ~~ . ~.E:IEC~E~ ~ 39 P~.E~/iOVED~` POS~r~~~Fa ~~ ~.~ .ITEM .B _ .. .. . CASE: Z-596, 3/97; Applicant: Saturn. Corp.. , ~_ REQUEST: R-15 to R-10 ACREAGE: 35.95 LOCATION: West side of Carolina Beach Road, south of Marquis Ilills end west of Brewster Place LAND CLASS: Urban Transition and Conservation: Urban Transition encourages more intense urban type development subject to the provision of public services. Conservation: Areas classified conservation are typically associated with the 100 year flood plain and marsh. lands. Residential development is permitted and cannot exceed 2.5 units per acre. Clusteri,ig in excess of 2.5 units per acre is not permitted. Planning $oard Summary The Board voted,unanimously to recommend approval of the petition as sumbitted. 'They noted that the request was consistent with adjacent zoning and the subsequent increase in density would r°~4} not significantly impact surrounding land uses. r. Two adjacent property owners told the Board that rezoning the site would worsen drainage problems in the area, add to traffic congestion and .possibly impact water pressure in Marquis Hills. In response, the applicant,'s engineer explained that the stormwater discharge rate for post- development would not exceed pre-development conditions. He also noted that development . planned for the site would. ultimately ,provide additional road connections, .and would provide - major water systems improvements that would eliminate pressure problems in Marquis Hills. Staff Summery .. Approximately one year ago the applicant requested that the subject property and an adjacent 30 acres be rezoned to R-10. After several hearings, the Co~inty opted to rezone only the adjacent 30 acres to R-10. The primary objection to rezoning the entire tract concerned density. Staffpointed out that rezoning would significantly increase the density, and if construction occurred at the higher levels available it could have serious impacts on the existing traffic circulation pattern of the area. It was pointed out~,that a~large number of subdivisions have been approved in this area of the County, resulting in- ari~evertincreasing level of traffic along Carolina Beach Road and South College Road. It was aFso.~n'oted that no other major roads were planned, leaving the existing L~~t vork totally responsible'forhandfing the increased loads. Another impact on traffic was the A ~~. , ., r ~` :~; `~~ .r t I i. ,~ ~~, rapid growth occurring at the Monkey Junction commercial node. That commercial area attracts a wide variety of local and non-local traffic. Adding summer tourist traffic makes the situation worse. Currently, Brewster Place, a 99 lot performance subdivision has been approved for the adjacent 30 acres. Phase-I is nearing completion and the final plat will be recorded in the near future This plan was originally approved as a high density project, but the owner opted to convert to performance development to eliminate the creation of a homeowner's association. The association would have been required to maintain buffer yards and other open space but the owner found that an association was burdensome and unnecessary for the housing market the project would serve. Moreover, the conversion and rezoning allowed the developer to meet his density needs. Now that higher density developments require a special use permit, the anticipated impacts from such a project have lessened sharply. Rezoning the subject parcel would entitle the developer to construct about 119 units, which is about 29 units more than would be permitted under current zoning. That net increase could be reduced because part of this tract is in the 100 year flood plain. Under current guidelines, residential development is permitted in the flood plain, but the maximum density cannot exceed 2.5 units per acre. Based on the limited increases in density and because properties along the tract's eastern and northern border are already zoned R-l0, rezoning seems appropriate. Moreover, current regulations limit density in the flood plain, regardless of the underlying zoning, thus those impacts are minimized. Staff recommends approval. 41 • : ~G'YI3AT YOU MUST ESTABLI,Sg TO GET A .... CHANGE OF ~ONIlVG Off' PROPER7~Y . Your ilntcuded use of property upon rezoning is tom lctel ~ ~ ' ' ,,, .. , P Y irrelevant, except for'condidonal use "district PtoPosals. The North Gu'olinz Gcrusal Statutes require that zoning rcgulatioas shall•be-inadc;.. ' in accordanca wlth a comprcttatsive plan: Since amendments to zo ' . a ~ad:[~sc; Plan, you must explain in the space below how o ~ n°`'Ps shoula~also be based on u~''~... -. _ 4 y tlr request satisfiGS cach.of the, follow- . ~l•• Devclopincnt?' ~u ~~o be consistau tvith.tho County's PoIIcics for Growth and ' The property is located west of the intersection of NC Highway 132 and US Highway 421, In . April of 1996, the County Commissioners rezoned approximately 30 acres of the original tract of 65.8 acres from R-15 to R-10. Along.the south side of the property:are singlo-fnrnily ho'mcs, ' " equestrian facilities and a borrow pit. The west side of the property borders Motts Creek. The north side of the property.adjoins~thc Marquis Hills Subdivisiop~which is currently zoned R-10.,' • Rezoning the property to,R-10 is consistent with the County's.Policios for Growth'and ' Development. This rezoning"will.allow the property to achieve its highest and brst use while also' being compatible with surrounding land uses. .., ~, r ~ - 2. How would the requested zone char c be consis ... , . " , •. ' " . . ~-?assitcaton Map? S tent with the property's classification on the Land • The iecentlyupdated Land Classification Map changed the property's classification from,` . Transitional to Urban Transitional. Th'ss reclassification placed the property in a land classification which provides for futwe intensive wban development where necessary urban services are :available. ~No important resources will be adversely impacted by this rezoning; 3 • What Significant neighborhood changes have occurred to or how is the land involved unsuitable for the uses permitted under the zoAtng ~pPmP~, .... _.. existing zoniub+'l .Since the land was zoned R-15 in 1972, significant neighborhood changes hnye occurred part'of " ;: the origina165.8 acro tract was rezoned R-10 this past year. The land in tho area of US I-fighway . 421 and NC Highway 132 intersection has experienced significant growth and activity. The County sewer service is available to the property as well as community water. The demand for affordable single-family housing in this area remains strong. With these significant neighborhood changes and demands, the property is suitable for R-10 residential zoning uses permitted under the existing zoning ordinance. Iu signing ~ D,riition;' I urldDrstaud tl~t tho •oriatinlt zonlnJt ~ • ~ . - _ _ . _ ~ _.... _ . haw the btuden of provittg why a ~~ la in t1So yc,blia ittttrtnG r prc~mcd to bo t:017fCi urld that T glitt~t out of Duo psttccl of land for tpcCial ~ ~raturd'that th.'ola-' surrounding,t~cIghborhood would probably be~~Cs ~t~ ~ ~~ ~li~~ and ihd this application is accurate to the best of m y that ~ flit information presented in Y knowledge, information, and bcIicf. " • , ur ~ , ,,rte l •1',e.e.a . • Signature of Petitioner and/or Owner f ~~ PETITION SUMMARY SHEET ~' Petition Number: Z-596 2/96 .~ !~~ Owner: Saturn Corp. •'~ Request: R-15 to R-10 _. Tax ID Number: ~ ~ r ~ ti Representative: - Same Acreage: 35.8 - Location: U . S . 4 21 South LAND USE, ZONING, UTILITIES and SERVICES Land Classification• Urban Transit' on c~nsPr~rat-; nn Existing Land Use: Vacant Zoning $istory: ~' Area originally zoned A= ri 1 7 ~ 1 q71 Community Water Type: Myrtle Grove Fire District: US 421 Road Access: School District: Bellamy Sewer Type• County Arrowhead Recreation: Volume 22, 800 ADT (' 95 count) MISCELLANEOUS PHYSICAL CHARACTERISTICS 1 Motts Branch C(Sw) Watershed andWater Quality Classification• Aquifer Recharge Area: Chiefly a discharge area Conservation Resources: some l0 0 xe ar F~ oo~~ p l a i n Historic Landmarks and Archeological Sites: None Primarily Leon and Lynn Haven: Class III Soil Type(s) and Class: Septic Tank Suitability: N/A County sewer to be provided ~ 7 None Prime Agricultural Soils: Building Suitability: _ Some limits due to wetness` r ~. ~~ ~. '~, ~~, ~` ~~ ~. ~~ ~~ ;~; ,~: ~, ,~. ~. REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: 7C Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 4 Contact: Pete Aver SUBJECT: Rezoning (Z-597, 3/97 BRIEF SUMMARY: Request by S. Niemeyer of Wrightsville Building Corp. and L. Nichols t o rezone 1.48 acres at the northwest corner of Military Cutoff and Wrightsville Avenue to 0-I Office and institution from R-1 S Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: Federal $: State $: County $: User Fccs $: Other $: Money Is In Current Budget: New Appropriation Rcqucst: Bud ct Amendment Prc tired: ~LGL: FIN: BUD: I-IR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Refer to Ollicc Vision 13ullctin Board fur Disposition A.PPROVE~ ~~- . B~EJECTED I [REMOVED `_~ ff'OSTPOI':`~ ' . i ~- ITEM C CASE: REQUEST: ACREAGE: LOCATION: X597, 3/97; Appliclnt: S: Niemeyer and L. Nichols R-15 to O-1 1.48 Northwest corner of Military Cut-off and Wrightsville Avenue Land Class: Urban Transition: Encourages more intense w•ban type development subject to the provision of public services, ot• that those services can be economically provided. Planning Board Summary After some discussion on traffic flow and the overall safety of ingress and egress to the properties, the Board voted 6 to 1 to recommend approval of the petition as submitted. One member felt increasing the intensity of development at this location would create traffic safety problems, especially for turning movements ' No one from the general public spoke in opposition. Staff Summary The adjacent O-I District to the north is the result of three separate rezonings approved by the County since 1994. The most recent rezoning was approved in September 1996. Currently an office building is being constructed there. In that case as..well as the others, the Board supported the rezonings, pointing out that land use changes in the. area and the widening of Military Cut-off and the reconfiguration of its intersection with Wrightsville Avenue had made tl~e existing dwellings less desirable for continued residential use. The circumstances for the subject properties are nearly identical. As a result, the appeal to continue the use these residential units or to construct new ones }gas waned. Dwellings located behind these properties have a separate access from Wrightsville Avenue. This ,provides a boundary between the two. O-I zoning is considered appropriate adjacent to residential areas provided that design, scale, and _ uses are compatible with the adjacent land uses. In many of the instances where the County has established O-I zoning, it has been to create ~1 transition between competing land uses or to minimize commercial encroachments into existing residential areas. It can also be used to replace declining residential areas adjacent to heavily congested roadways. 0=I Zoning is also attractive for two other reasons. One, it offers a range of uses generally more compatible with adjacent residential activity and two, setback and buffer standards are required that are similar to the requiremeiitsJfor~cominercially zoned property when located adjacent to residential uses and/or districts. '-"~ ~ , ~}~ffrecommends approval..~~`;~:`' ~\ w • WHAT YOU MUST ESTABLISH TO GET A ~~ . CH.A.NGE OIL' ZONING OF PROPERT Y Your intended use of property upon rezoning is completely irrelevant, except for conditional use ~~, district proposals. TI-c North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on J a Land Use Plan, you must explain in the space below how your requgst satisfies each of the follow- ~~ ing requirements. 1. blow would the rcqucstcd chanbc be consistent with the County's I'ulicics for Growll- and ~ ~' Dcvclopmcut? ~~~ ~f/'e~ /s ~~~ an U/'Ja~ rr~sSi ~ cn a ~ a ~e~ ~ c~ eve// qs ~i-or'~~/ s~re ~~~,'~~~/; .Sd ' ~': 2. Flow would the rcqucstcd zone chanbc be consistent with the property's classification on the Laud ,~, Classi(icatiou IYIap? Tl ~~e is' ~' i'e r/i~i ~,'on • o~' ~~a ~'L ~a. ~~~~ a S GVe ~l ~h 711 `S cl~-eCC 3. What significant neibltborhood changes have occurred to make the oribinal zoning inappropriate, ~' or how is the land involved unsuit:iblc for the uses permitted under the cxislinb zoning? ~; ~.~ ~~ ~9~~R y /!?f aCCf1 GtlrC/E/!PC! ~U 4 S~R//e /~On.GC , ~~~ ~7S 2 /l1 p~-- ~i vc~ ~D v /C 7~hi"v c~ 6` ~~ U/'e~ 7To-»1 ~b a't d ~- ~ zo ~ ec~ 6~ s'~ Bess' ~. /~~~~s ~'~,/~- y~f In signing this petition, I understand U-at the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin-, filing oul.of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would pro~ably be illegal. I certify that all the information presented in y this application is accurate to the best of my knowledge, information, and belief. ~i 47 ~° { Signature of petitioner and/or Owner PETJTION SUMMARY SHEET Petition Number: z-597 . -' Owner: _ Koonce, Canady Wessell 'Representative: Niemeyer/Nichols Request: R-15 to 0-I Acreage: 1 _ 40` Tar ID Number: 56 `.Location: .Military Cutoff ' 4 LAND. USE, ZONING, UTILITIES and SERVICES ~ ~ ~, Urban Transition.. Land Classification: Existing Land Use: Residential Zoning History' Adjacent O-I established 'in 3 nh~sPG 1994 tY~zu 1996 ' Existing zoning established Aug 1871 ~' Conununity Count Water Typc: Scwcr Type• y Fire District: Seagate Recreation: _ [~1Ri.gh -svi 1 1 e BPac-h Road Access: ilil~itarv Cutoff Volume: lII, 200 ADT (95 count) School Aistrict: College Park • ~- -f~ MISCELLANEOUS PHYSICAL CHARACTERISTICS r ~. Bradley Creek Watershed andWater Quality Classification• Aquifer Recharge Area: Outside Primary and Secon~3a~r~ Area None_ Conservation Resources: Historic L' andmarks and Archeological Sites: Nonce ' .. _ . , Soil Type(s) and Class: N/A County sewer ~ _ 48 Septic Tank Suitability: N/A Prime Agric~lturn] Soils: NnnP Few limits Building Suitability: _ f i 1 1 1 I f 1 I 1 1 1 1 1 i REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: 7D Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 8 Contact: Pete Aver SUBJECT: Rezoning (Z-598, 3/97) BRIEF SUMMARY: Request by P. Clark to rezone 5 acres on the east side of Blue Clay Road approximately 600 feet south of Brookdale Drive to Conditional Use Light Industrial for a geological and engineering consulting firm and special trade/general contractors from R-15 Residential. RECOMMENDED MOTION AND REOUrSTP'D ACT(ONS• The Planning Board recommends approval with modifications. ~~.. r~uNl~iNV s~uRCE: Federal $: State $: County $: User Fces $: Otl-cr $: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Prc tired: LGL: FIN: BUD: I-IR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• r .. -__ .....~.,.__.~. ~.PPR®VE® E•-'" ~?.EJECTEQ EI 4 9 R,El~OVED ~ ~ POSTPOf~'~ `~ :"~ ~ Rcfcr to Of7icc Vision Uullctin Board for Disposition ®~~`~ ~.,7 ~ ~'7~~ ITEM D CASE: X598, 3/97; Applicant: Paul .Clark ~ • - REQUEST: ,i:; R-15 to CD(I-1), Geological and Engineering Services, Special and General Contractors - ACREAGE: 5.0 LOCATION:. East side of. Blue Clay Road G00 feet-south of Brookdale Drive Planning Board Summary ' The Board voted 5 to 2 to recommend approval of the applicant's petition with the following • conditions: -A.ll outside storage be located to the rear of the existing structure and that it be screened from Blue Clay Road and adjacent residential uses. -Parking lot and other exterior lighting be directional so it doesn't shine onto adjacent properties. -Uses permitted include the geological.and engineering consulting services, and special trade~and general contractors; all other uses are prohibiited.. - In support of the petition, the majority of the Board felt the planned uses with the restrictions placed on them would protect nearby residential uses and make an existing non-conforming building more compatible with the area. The two members voting against the request noted there was no other industrial zoning nearby and the establishment of industrial zoning at this site would be incompatible with nearby residential uses. They also felt the request constituted spot zoning. No one from the general public spoke in opposition General Staff Summary - ~ - - Prior to the adoption of zoning for this area, the existing 8,000 square foot building on the .site was used as a seafood restaurant and on occason'as a night club. Known as Gore's Fish Camp, it suffered extensive fire damage in the mid 1980's and though some internal renovations were-done; the building has not been used for restaurant purposes since., Because the building remained ~. dormant for so long, it lost its grandfather status. Two attempts in 1987 to revive the use by - rezoning the site to B-lBusiness were rejec-ted by the County. Currently, the building_is used as a residence and ahalf--way house. Site Plan Summary The applicant proposes the following site improvements: -Renovate the exi"sf~ng buildmg:fo`r use as a professional office building housing an environmental ological/engineering c~onsul'tin~-`firm. .~~ <,. conjunction with that, some light fabrication work, staging and materials handling is needed. . ' ~~- e. ' -Service vehicles would also be parking on the. site. -Two 40'x80' metal building are proposed: one would be used for technical support for the ~' consulting firm and would resemble an HVAC or plumbing company operation; the other metal building would be used to sublet to a special trade contractor, building. contractor, or building service company. r ~% - All of the above activities would be located on the south side of the site south of and including the ~. former restaurant building. No activities are planned for the northern half of the tract. The applicant also proposes to restrict or bar certain permitted uses, including: eating, drinking and entertainment establishments; religious assemblies; Christmas tree sales; outdoor bazaars; fairs ,.,, and circuses; stables; sports clubs; dry cleaning; mobile home dealers; and bus/taxi terminals. 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 has direct access to Blue Clay Road. B, .The site would be served by individual wells and septic tanks. C. The site is located in the Castle Hayne VFD District.. D. A small area along the site's northern perimeter is located in the 100 year flood plain. No development is planned for this area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Adequate area is available to meet setbacks, buffering, and off-street parking . 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. Single family dwellings are located on adjacent property and across the street. There are also mobile homes and other residential uses scattered throughout the area. B. The site is occupied by an 8,000 square foot cement block building and a large parking lot. The building is used as residence and ahalf--way house. C. Property to the south contains a 19.22 acre pond that was once part of small mining operation. D. A small family cemetery is located to the east on a .26 acre tract. ~` 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 plan of development for New Hanover County. A. .Except for the existing cement block building and the former mining operation, the general area is developed predominantly with residential uses. . ~ 51 ~' . ~, ,. ~, Concerns and Suggestions: ~ ~ ~" -Accommodating the consulting service in the existing building might provide a positive transitional use for nearby residences, however, the construction of two new,met~l buildings either"for support services for the consulting operation or for sub-lease. to general ~ " or special trade contractors raises questions of compatibility with nearby residential uses. -Parking lot or other exterior lighting should be directional so as not to shine directly onto _ adjacent properties. ~ - -There should be no outside storage of any kind. -Hours of operation, especially night hours, should be limited to minimize im acts. P. . -Additional street yard plantings should lie required ~ - -Proposed use would surround an existing dwelling. -May want to consider limiting improvements to existing structure. :, .. _ ~ lJ ~. .. • -' i. .. ~" . - 52 f ~~ PETITION SUMMARY SHEET ~~ Petition Number: Z-598 Owner: Gardner/A~li'AC Representative: p - C 1 a rk ~~r Request: R-15 to CD (I-1) Acreage: 5 ~ Tax ID Number: 18 Location: - 5000 Blue Clair Rd. ' ,~{ ~ LAND USE, ZONING, UTILITIES and SERVICES ' Land Classification: Resource Protection Existing Land Use: Non-residentia~ St-rllCt-nrP `° ~ Area on mall zoned J>>1 197?- 'Two att~m +- Zoning History: g y Y .mss to rezone this site to B-1 in 1987 were. denied. ! Water Typc: Well Scwcr Type' ~Pnt-; c~ ~ Castle Ha ne Fire District: y Riverside Rccresition: .t Blue Cla Rd Road Access: y Volume: __ 1100 ADT (9 5 0 ~n 1 r School District: Johnson MISCELLANEOUS PHYSICAL CHARACTERISTICS ~( Watershed andWater Quality Classification• Prince George Creek C (SL~I) ~~ Secondary Area Aquifer Recharge Are2: Conservation Resources:. 100 Year Flood P1 ai n +-~ th-a-_n-r~~-kh ~' Historic Landmarks and Archeological Sites: None !_ ' Soil Type(s) and Class: Primarily Leon (Le) Lynch.~urcr (T,s) ~ 1 -tss TZ & Moderate to severe limits ~ ass III Septic Tank Suitability: L ' Prime Agric~lturnl Soils: None Few limits Building SuitAbility: _ .-97 WED 07:28 AM NHC PLANNING DEPARTMENT FAX N0. 910 772 7868 P. 03 ~~JJ '~Vh a~ You ZV1ust .~s~ahlish for A Special Urse Permit [~ Authority to grant a Spcelal Use Pcnnit is con[ained in the Zoning Ordinance, pursuant to section 7 t. The Zoning Ordinance imposts the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, ~~%herc applicable, how the proposed use satisfies these requirements: (Attach additional paves if necessary) General Requirement ell The Board must find"'that the use will not materially endanger the public health or ~afcty if located where pro- posed and dcvClopcd according to the plan as submitted and approved." Statement by AppficonC The proposed use will not materially endanger the public health or safety. Note on the Sitc Plan Detail, that the Drily proposed construction is that of two metal buildings. General Requirement N2 _ The Board must find "that the use meets all requiredconditions and specifications" of the "Coning Ordinance.' Statrmeur h~• ~lpplicanr. The proposed use meets all required conditions and specifications of the Zoning Ordinance, to the best of my knowledge. General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abuttin; property or that the use is a public necessity," Statement b)•Applicunt: - It is not believed that the proposed use will injure the value of the adjoining property. On t}ie contrary, the proposed use will enhance the value of neighboring Properties as it involves improving a present non-conforming commercial building which is currently in "run down" condition. General Requirement l<a The Board must find "chat the locnt;oit ; nd character of the use if developed accordin, to the plan as submitted and approved will be in harmony with the 2rea ir..which it is to be located and in general conformity with the plan of development for }~'ew Hanover County." ' Statement by Applicant: The proposed use will enhance the harmony of the area as it will primarily involve upgrading an existing commercial structure which is currently an "eyesore". It is in general conformity with the plan of development in New h}anover County, and is similar to nearby zonings along the I-40 corridor. 54 The Zoning Ordinance in some instances, also imposes additional specific requirements on tlia use requested by the applicant. The applicant should be prepared to demonstrate that [hc proposed use will canply with each specific requirement found in section 72 , (as applicable). 1-Ic/She should also drmonstralc that the land ~~•ill be used in a manner consistent ~vitll the plans and policies o(New Hanover County. The Board of Commis• sinners msy impose additional conditions and restrictions that they deem nppropriatc prior to the issuin<,~ of the Special list ParmiC - _ I certify that all of the information presented in this application is accurate to the best of my knowledge, infornta- tion,and belief. // / ~/~ °~ ~~ EXHIBIT 5 ` PROPOSED DEVELOPMENT SCHEDULE '~ ~'; 1. Proposed upgrades to existing building are to be started within six months of zoning =~, approval.. 2. Construction of one of the proposed metal buildings is to begin within six months to one . ~' year of zoning approval. 3, Construction of second building is proposed to begin between one and two years following zoning approval. ~~: r ,., ,~~ ~I ~~ 55 ~~ ,~ This page intentionally left blank 56 s s REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: 7E Consent Item #: .Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 8 Contact: Pete Aver SUBJECT: Special Use Permit (5-405, 3/97) BRIEF SUMMARY: Request by Telespectrum d.b.a. 360 Communications to construct a 100 foot monopole communications tower and equipment shelter at 603 Eastwood Road. The`tower would be located in the northwest corner of the lot on a leased tract 60 ft x 65 ft. RECOMMENDED MOTION AND RFOUrSTCD ACTIONS• The Planning Board recommends approval with conditions. FUNDING SOURCE: Fcdcr~l $: Statc $: County $: Uscr ~ccs $: Othcr $: Money Is In Current Budget: Ncw Appropriation Rcqucst: Bud ct Amendment Prc ared: LGL: FIN: BUD: I-IR: COUNTY MANAGER'S COMMP~NTS AND RECOMMENDATIONS: ~ ~~~~~~: ~PPROVE[3 EI `' IREJECTED R~.EMOVED 1~ , 5 / . POSTPOIVEa ~-7~~`'~ l . Rcli;r to Ollicc Vision Ikillclin ISoard lix I)ispositim~4T~ ~ ~' I ~y/_•!~,! a,,~~~ t, :,~, x ~ -• - 'A ~' :Po'- k 'T-~° ...L, .,, 1 ;I~ 6Y" ITEM E Special Use Permit: Request by Telespectrum d.b.a. as 360. Communications to Construct .1 ., .100' Monopole Communications Tower and Equipment Shelter-1t G03 Eastwood Road: The site is zoned B-2 Business. (5-405, 3/97) PI:i<nning Board Summary The applicant amended the petition at the hearing by requesting.the tower height be reduced.to 1OO feet from 130 feet.- The Board agreed to the revision. , - r . After an extended discussion concerning coverage zones, capacity needs, collocation, the location of other towers and safety, the Board voted 6 to 1 to recommend approval of the revised petition to construct a 100 foot monopole at this location with the following conditions -The tower be designed per ETA standards to control structural failure. -The tower be designed to accommodate collocation by other vendors. -No trees outside the compound area and access easement be removed. One member of the general public spoke in opposition. He told the Board.that he was generally opposed to towers because they are not in harmony with the community and only benefited a small portion of the area's population. ~ ~ ` Prclirniri<ary Starf rindings 1. Tlic Board must find that the use will not matc-•ially endanger the public hcaltli or safety if loc:~ted where proposed and developed according to the plan as submitted v~d approved. A. The planned use requires no water and sewer services. B. The facility will generate approximately 4 to 5 vehicle trips per month to provide routine maintenance. C. The site has access to Eastwood Road via a proposed l 5 access easement. A 12 foot gravel `drive will be constructed. D. The site is located in the Seagate VPD District. 2. The Board must find that the use meets alt required conditions and speciGcations.ofche Zoning_O.rdin:~ncc. - - - A. Communications towers are permitted by special use permit in the B-2 Highway Business District. The site is zoned B-2 Business. B. The site meets the minimum standards required bq the B-2 -District and setbacks-imposed for commercial uses abutting residential districts. There are no additional setback, location or related design limits specif ed for communications towers in the B-2 District. The site is also located in the Special I-Ii~hway Ou_~"rlay~Distrrct;~and the planned uses comJ~lies with the additional side and rear yard setbacks-- 2S foot setliack fo"r,`~the side and rear yards is required. ~.&'he T3oard must tint!-'thal~tlk-~'e~iisc~will not substanti;illy injure tlrc value of :adjoining or 0 e abutting property or that the use is a public necessity. A. Adjacent land uses include commercial uses along Eastwood Road, commercial services to the west along Vision Drive and residential uses to the east along Cardinaa Drive. B. Other communication towers are located nearby. 4. The Board must find ti~at the location and character of the use if developed according to the plan ~s submitted and approved wilt bc. in harmony with the arcs in which it is to be located and in general conformity with plan of development for New Hanover County. A. The site is located on the fringe of a large area that is zoned B-2 Highway Business. Long Leaf Acres Subdivision is located to the east. Concern(s) and comments -Can a shorter tower work at this location? -Require tl~e tower to be designed to control structural failure. -Do not clear existing trees except for access easement, support building and tower compound area -Require tower to be engineered to permit collocation by other vendors. 59 t . rPETITION SUMMARY SHEET- Petition Numbers s-405 ~ - Owner: _ N. Lange Representative:- Telespec`trum Request: Cellular Tower Acreage: .089 Tax TD Number: 50 Location: 603 Eastwood Rd. ,. LAND USE, ZONING, UTILITIES and SERVICES Land ClassiCcation: Urban Transition Exis#ing Land YJse• Chiropractic Off_~ce ~ ` ` 7.oning $istory: l~rr~a nri qi nom, l 1 ~r zoned July 1974 Area is in SHOD Water Typc: _ Fire District: _ )Road Acccss:_ School District: College Park Scwcr Typc• '''/~ ~2ccreation: l~l~~ir N~hl c~ •~ Volume: ~ 0, 9~~ ~nT {9 , ~n,int) MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Smith Creek C (SW) Aquifer Recharge Area: Primary Recharge area None Conservation Resources: IIistoric,x,andmarks and Archeological Sites: Nona 6 oil Type(s) anti Class: _ CptIC TaIll( Silitablllty: . prime Agric~lturnl Soils: 1'3uildina ~uitahility• . N/A Seagate '~ )/astwood Road N/A N/A N/A Fe~a L.i.mi t- What You IVlust Establish For A Special Use Pex mit ~utl-orit to rant a S ccial Usc y g p Pcrmrt is contatncd In the Zoning Ordmancc, pursuant to scctlon 71. The Wing Ordinance imposes the following Gcneral Requirements on the use rcq-ICStcd by the applicant. Under I- rcquirclncnt, the applicant sl-ould explain, witl- reference to attached plans, wl-crc applicablc, how tl-c posed use s:-tisfics tl-csc requirements: (Attach additional p:-gcs if necessary) ncral Itcquircment 111 , c Board must find "that the use will not materially endanger the public health or safety if located where pro- posed and devclopcd according to tl-c plan as submitted and approved." ~rtculcnt by Applicant: see attached memorandum General licquircmcnl 112 ~c Bo:Ird must find "that the use nlccts all required conditions and specifications" ofthe Zoning Ordinance." rJCrucrN by Ap/~liruut: see attached memorandum ncral 12,equircmcnl 113 e Board must find "that tIIC USC will not SUbtit;lllllally injure the value of ad~ouun; or abutting property or'that use is a public necessity." Stcrtcrrrrrrl Gy Applicurrt: see attached memorandum Gcneral 12equircmcnl 114 e Board must find "shat the location :uld character of the use if devclopcd according to the plan ;IS submitted approved will be in harmony with the area in which it is to be localcd :Ind in gencr:Il conformity with the plan of dcvclopmcnt for Ncw I-ianovcr Counly." ~rtcnrent by ApplicnnC sec attached memorandum TTic "Lonin~ Ordinance in sonic instances also im ~o •c •I ' o l s s , ddltlonal specific rcqulrcmcnts on the use rcqucstcd by the applicant "fhe applicant should be prepared to dcmonstratc that the proposed use will comply with each cific requircnlent found in scctlon 72 , (as applicablc). I-ic/She should also dcmonstratc shat the land II be used in a manner consistent with the plans and policies of Ncw hlanovcr County.'I'hc l3oard o(Conunis- sioncrs may impose additional conditions and restrictions that they deem appropriate prior to the issuing of.lhc ccial Usc f cnnit. certify that all of the information presented in this application is accurate to the best of my i:nowlcdgc, infonna- t~n, and belief. 61 ~~~ \`~ ' Signature of applicant and/or Owner Wes Smith, S13A, Inc. 02/06/97 16:27 d 919 510 4029 SBA INC. (~j002 . 02-05-199? 05:11 R1 FROM 360 COf'Y"~R~! I CAT IOhIS TO 919195104829 P. 02 • ~~ • • Memorandum Date: February 4, 1997 To: Pete Avrry-New Hanover County Planning Department From: Scott D. Martenson-360° Communications Comp~y . Subjecir Tower to be located at 603 Eastwood Road, New I~anovcr County, North Carolina. This memorandum serves to certify that TeleSpcctrum, Inc d/b(a 360° Communications Company has reviewed all opportunities to locate ids equipment on olhes structures and other tower within the coverage area, and has determined that no. , other suitable facilities are available. I understand that this letter is submitted as testimony to fulfil the requiruncnts of the Ncw Hanover County Zoning Ordinance, that it becomes an official part of the tower application materials, and that it shall remain in the permanent fil,cs.. ~ ' ' ~ . Signed: ~ ' ~~, ~ , Scott D. Martenson ' Real Estate Administrator 360° Communications Company 62 ~ SBA SBA, INC. Wireless Communications Consultants National & International ' 5561 McNeely Drive • Suite 201 Raleigh, NC 27612 USA FAX: (919) 510-4029 • Phone: (919) 510.4661 MEMORANDUM IN SUPPORT OF A REQUEST BY ' TELESPECTRUM, INC. DB/A 360° CO)vUVIiTiVICATIONS COMPANY FOR A SPECIAL USE PERNIIT TO CONSTRUCT UP TO A 130 FOOT TALL MONOPOLE TELECOMMUNICATIONS TOWER AND RELATED EQUIPMENT This memorandum is submitted as part of the application by TeleSpectrum, Inc., dlb/a 360° Communications Company (the "Applicant") for a Special Use Permit to construct the telecommunications facility described below (the "Facility") on a 60 foot by 65 foot parcel of property leased from Dr. Norman H. Lange and wife Mary O. Lange commonly known as New Hanover County Tax Map 50-14, Block 1, Parcel 2 (the "Site"), as shown on the attached site plans and further described below. This request is being made pursuant to Article VII, Section 71 of the New Hanover County Zoning Ordinance. The Facility will consist of (I) a transmission tower of monopole design which will not exceed 130 feet in height, (ii) antennas located at or near the top of the tower, and (iii) a 12 foot by 28 foot concrete aggregate equipment shelter. The Facility will be located within a 50 foot by 50 foot compound surrounded by an eight foot tall chain link fence with three strands of barbed wire at the top. Access to the facility will be provided by a 12 foot wide gravel drive within a 15 foot wide access easement extending from Eastwood Road. Traffic generated by the facility will be insignificant, with approximately one to five trips per month, each of about one hour in duration. The Facility will be unmanned, therefore no water or sewer services are needed, The only utilities required are standard household electric and telephone service, The Facility will be operated by and maintained by 360° Communications Company. Photographs of a typical monopole tower compound and general information pertaining to cellular technology are enclosed with the application. The Site is situated behind Wilmington Chiropractic Association, on the northwest corner of the parcel, at 603 Eastwood Road. The site is zoned B2, Highway Business District. Property adjoining the site to the north and west are also zoned B2; property to the east is zoned R-15 and property across Eastwood Road is zoned R-20. The Site is also located in a Special Highway Overlay District. The site was selected only after representatives of the Applicant made every effort to find an existing tower or other structure on which the Applicant could locate transmission equipment. Attached to this memorandum is an Affidavit regarding the Applicant's co-location efforts. In, accordance with the New Hanover County Zoning Ordinance, the Applicant must establish, through competent, material and substantial evidence, that is meets four general findings ~ ~rth in Article VII, Section 71-1(3) of the Ordinance. In this regard, the Applicant states as follows: A. The requested use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. The Facility will be designed, constructed, operated, and maintained in accordance with all local, state, and federal laws, rules, regulations and codes, including all safety requirements. Many businesses, residents, and public safety services have become dependent on reliable wireless communication. Furthermore, customer billing data in the New Hanover County area`shows that a significant number of 911 calls processed are made from cellular phones every month. Approval of this request will lead to improved cellular communications for the citizens of New Hanover County, and will unquestionably promote the public health and safety. Applicant will provide a partial list of public service customers and 911 statistics for New Hanover County at or prior to the public hearing. . B. The requested use meets all required conditions and specifications of the Zoning Ordinance. Communications facilities'are permitted in the B2 Zoning District with ~~. approval of a Special Use Permit. The proposed plan meets all other requirements and development standards set forth in'the Zoning~Ordinance for the B2 Zoning District. Also, the property is located in a Special Highway Overlay District, and the plan meets the additional setback requirements as set forth in the Zoning Ordinance for this Overlay. There are no specific requirements or restrictions related to communication facilities.in the Zoning Ordinance. C.: The requested use will not substantially injure the value of adjoining or abutting property, and is'a public necessity as defined under the Zoning Ordinance. The requested use is"compatible with the uses permitted in the B2 Zoning District and the adjacent commercial development. The Facility will generate no noise or odor and minimal traffic. Real Estate sales comparison studies have shown that this type of~use does not diminish property values. Further evidence and testimony pertaining to the effect on adjoining property valueswill be provided by licensed real estate appraisal experts at the public hearing. This finding is also satisfied by the Applicant because it has been issued a Certificate of Public Convenience and Necessity by the North Carolina . Utilities Commission after a public hearing, in which it was determined that reliable cellular service is a public necessity. ' ' D. 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. The requested use is in harmony with the existing commercial development in the area, and is` well suited for the B2 Highway Business District. The purpose of the B2 Zoning District is "to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic." A cellular communications facility will certainly accommodate the needs 64 °f the motoring public. 1 1 1 1 i 1 e Based on the above, the Applicant respectfully requests that its application for a Special Use Permit be approved. Should you have any questions about the above or need additional information, please contact Wes Smith, agent for the Applicant, at (919) 510-4661, or Jerry Eatman, counsel for the Applicant, at (919) 571-9714. i 65 ,~ r -A.re ~e~l~.~ar Phone Tran.sss~o~ ~I'o~vers ~? i ~ ~' Bulldfng The ' Wireless Futvre~ CTIA; Ceqular a Telecommunications Industry Association 1250 Connecticut ~I Avenue, N.W. Suite 200 Washington, D.C. 20036 202.785-0081 TelephonE 202-785-0721 Fax . Read O n .. . 66 ~ ~, Btrllding The WIn:~Fess Future, CTIA cellular Telecommunications Industry association FAST FACTS A~u~°NW Suite 200 Cellular Transmission Towers Washington, o.c. 2ooss 202-785-0081 Telephone 202-785-0721 Fax / Community interests are considered in locating towers. / ~ A:ll safety standards are met by cellular towers. / Power levels of radio waves from cellular towers are very low, often hundreds of times below the FCC safety limit. As "cells" get smaller, the power gets even lower. The power levels of TV and radio station towers are hundreds or thousands of times stronger than cellular towers. Police and fire department radio towers usually generate more power than cellular towers, especially in urban areas. Rest assured. Cellular transmission towers are safe! For more detailed information, turn the page. 67 ~~ Q FACT SHEET Cellular Transmission Towers How Cellular Works ~ a • Cellular technology uses very low-power radio waves to transmit and receive telephone calls. Cellular radio waves transmit voice and data communications in the ~f ultra-high frequency (UHF) band, similar to the radio waves used for television channels 13 and higher. • A city or region is divided into small geographic areas called wells, each served by its own low-power radio transmitter and receiver. Once a cellular call or data message reaches atransmitter/receiver tower, it is plugged into the regular land-line phone system. Each cell is so small that the amount of power required by cellular telephones and towers to communicate within that cell is very low. Power Generated from Cellular Tranm,itsion Towers • The radio frequency (RF) energy used by cellular towers and cellular telephones is a V form of electromagnetic energy known as "non-ionizing," the same kind of energy generated by ordinary light and television signals. This is not to be confused with a "ionizing" radiation, such as x-rays, which can cause damage to biological tissue. • The antennas on a cellular tower generally are located at or near the top -typically at a height of 100 to 200 feet. Because radio frequency energy loses power rapidly the farther you get from the transmission point, average exposures on the ground are quite low, hundreds and even a thousand times lower than accepted standards for safety. ~ . • The transmission power levels of cellular towers are very low: Atypical tower emits 100 watts of power or less. Those in urban areas may emit as little, as 10 watts. In contrast, a television tower emits up to 5 million watts, while a commercial radio station tower operates at up to 100,000 watts. Local police and fire department towers produce up to 500 watts of power. 68 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 Standards for Cellular Transmission Towers • As confirmed by the FCC, cellular towers operate well within the exposure guidelines developed by the Institute of Electrical and Electronic Engineers (IEEE), the American National Standards Institute (ANS1) and the National Council on Radiation Protection and Measurements (NCRP), an independent organization chartered by Congress. RF exposure in excess of these standards is highly unlikely due to the placement of cellular antennas high above the ground and the low transmission power. Siting and Maintenance of Cellular Transmission Towers ~ Cellular.carriers adhere to stringent Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules governing tower construction, maintenance, and safety. • Cellular towers are normally located atop office buildings, water towers, television towers and even church steeples or football stadium light towers. Without them, cellular telephone users could not be assured of uninterrupted service. As more cells are created which are smaller in size, less power is generated by both the phones and the transmission/receiver towers. -~- 69 .. -. ~---- ~~ d BACKGROUNDER Cellular Transmission Towers The safety~of customers, employees and the public is the overriding concern in the construction and operation of the transmission. and reception towers that are crucial to the nation's cellular telephone system. In this regard, .cellular carriers adhere to stringent Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules governing tower construction, maintenance, and safety. How Cellular Worlcs Cellular technology uses very low-power radio waves to transmit and receive telephone calls. Cellular radio waves transmit voice.and data communications in the ultra-high frequency (UHF) band, similar to the radio waves used for television channels 13 and higher. The cellular system works by dividing a city or region ,into small geographic areas called cells, each served by its own low-power radio transmitter and receiver. Once a cellular call or data message reaches atransmitter/receiver tower, it is plugged into the regular land-line phone system. Each cell is so small that the amount of power required by cellular telephones and towers to communicate within that cell is very low. Each cell tower site may have multiple channels to provide service to many callers at once. As a caller drives or otherwise moves across town, the radio-frequency (RF) signal from the portable telephone is automatically passed from one cell site to the next, without interruption. Electromagnetic Energy The radio frequency (RF) energy used by cellular towers and cellular telephones is a form of electromagnetic energy known as "non-ionizing," the same kind of energy generated by ordinary light and television signals. This is not to be confused with "ionizing" radiation, such as x-rays, which can cause damage to biological tissue. Like all electrical devices, cellular towers produce electromagnetic fields (EMFs), the invisible lines of force that surround any electric current. These fields are found throughout nature and are even produced by chemical interactions within the human body. We are constantly being exposed to a variety of such fields from natural and man-made sources. 70 _ The antennas on a cellular tower. generally are located at or near the top -- typically at a .. ~-:::height~-of-100~to 200 feet::~ecause radio frequency. energy loses power rapidly the farther you get from the transmission point, average exposures on the ground are quite low, hundreds and even a thousand times lower than accepted standards for safety. Here is what the FCC had to say in discounting the potential for excessive exposure near towers: ~_ "As'with all forms of electromagnetic energy, the power density due to a cellular transmitter decreases rapidly (according to an inverse square law) as one moves away from the antenna. Consequently, normal ground-level exposure would be much less than exposure very close to a base station antenna. Measurements that have been made around typical cellular base stations have shown that ground-level power .densities are well below limits recommended by currently accepted RF and microwave safety standards. " It is important to note that the transmission power levels of cellular towers are very low to Cellular Standards , As confirmed by the FCC, cellular towers operate well within the exposure guidelines developed by the Institute of Electrical and Electronic Engineers (IEEE), the American National Standards Institute (ANSI) and the National Council on Radiation Protection and Measurements (NCRP), an independent organization chartered by Congress. start with. Atypical tower emits 100 watu of power or less. Those in urban areas may emit as little as .10 watts. In contrast, a television tower emits up to 5 million watts, while a commercial radio station tower operates at up to 100,000 watts. Local police and fire department towers produce up to 500 watts of power. . RF exposure in excess of these standards is highly unlikely due to the placement of cellular Cellular Tower Siting Cellular towers, or base stations, normally are located atop office buildings, water towers, television towers and even church steeples or football stadium light towers. Without them, cellular telephone users could not be assured of uninterrupted service. Also, as more cells are created, smaller in size, less power is generated by both the phones and the transmission receiver towers. 71 -2- antennas high above the ground and the low transmission power. The FCC states that even in the event of an improbable "worst-case" situation involving multiple transmitters at a single site, all operating at the same time, "in order to be exposed to the ANSI-recommended levels for cellular frequencies, an individual would normally have to be within several feet of the antennas and in the main transmitting beam. This makes public exposure in excess of the 'ANSI guidelines very unlikely." Special precautions are taken to limit occupational exposure to maintenance workers and others, and to keep members of the public well away from towers by use of fencing and other bamers. As the nationwide cellular system continues to expand to meet growing demand,. more towers will be needed. Site selection is not a random process. Many factors are taken into careful consideration, including the overall cellular grid and service area, local usage patterns, a topography and potential obstructions to the clear radio signals required for reliable, high- quality service, and, of course, ~ the concerns of residents. The construction of a cellular tower first requires extensive consultation with the local u community, zoning officials, the FCC, the. FAA, state public service commissions and county and local governments. The FCC and FAA, for example, have strict requirements pertaining to the construction, lighting and marking of cellular towers. The FCC has regulatory authority over safe cellular transmissions. U Tower Maintenance Basic, routine inspection and maintenance help assure ongoing compliance with FCC and . FAA regulations and the continued operational and structural safety of cellular towers. . These towers are inspected on a regular basis to ensure that they are sturdy and strong; that they are standing straight; that there are no loose, rusting, fraying or missing pare; that the foundations have no cracks or deterioration from settling; and that all structural components j'`~ are free of cracks, bends, faulty welds and rust. (~ All towers with aviation warning lights .are. required to be equipped with emergency .lights and backup power systems. Tower light bulbs are routinely replaced when they reach 75 percent of their life expectancy. Moreover, all bulbs on a given tower are replaced at the same time. 72 ~ -3- e i ~ . QUESTIONS AND ANSWERS Cellular Transmission Towers _ 1. Are emissions from cellular towers safe? Yes. Cellular towers meet standards set for exposure to radio-frequency energy and are .subject to regular inspection and government regulation. 2. YIow can we be assured they are safe? The antennas used to broadcast and receive signals to and from cellular telephones are located at or near the top of a cellular tower. Typically, this is at a height of 100 to 200 feet above the ground. Since exposure to any electromagnetic energy decreases rapidly with distance, average exposures on the ground can be as little as one thou.~andth of the safety standard. Power levels at cellular sites are quite low, due to the relatively small geographic areas they serve. .A cellular tower emits 100 watts of power or less, often ~' as little as 10 watts in urban areas. By comparison, a television tower emits up to 5 million watts, while a commercial radio station tower emits up to 100,000 watts. Police, and fire department radio towers generate as much as 500 watts of power. For these reasons and others, the Federal Communications Commission (FCC) has described excessive exposure from cellular sites as "highly unlikely." 3. Aren't people living near the towers or walking past bombarded with dangerous radiation? s No. The height of the towers and the fenced-off area around them assures that only low and harmless levels of RF energy reach residents and passers-by. The FCC says measurements around transmission towers show levels. "well below Iimi~ts" recommended in safety standards. i 4. What agencies regulate cellular towers? The FCC and the Federal Aviation Administration (FAA) are involved in overseeing the construction, siting and performance of cellular towers. The non-governmental American National Standards Institute (ANS1) is the primary organization that sets radio-frequency (RF) exposure limits for cellular sites and other transmission devices and facilities. ~ 73 5. How are tower sites determined? Site selection is not a random process. Many factors are taken into account, including the views of nearby residents, the overall cellular grid pattern and service area, usage patterns, topography and potential obstructions to the clear, line-of--sight signals needed for maximum quality. .In urban and other residential areas, care is taken to choose locations that are as unobtrusive as possible. Relevant safety and environmental concerns are reviewed with the appropriate government agencies. 6. Do cellular towers near airports interfere with aviation? As a matter of physical safety, the FCC and FAA maintain stringent regulations on the construction, marking and lighting of cellular towers near airports or in line with runways or flight paths. The FAA requires an extensive review before approving the construction of any cellular towers in .areas where airspace or flight paths might be affected. 7. After towers are placed into service, what safety practices are observed? To maintain FAA standards for visibility, towers are painted in alternating colors of aviation white and aviation orange. Painted surfaces are inspected on a regular basis to check for fading. All towers. with aviation warning lights are required to be equipped with emergency lights and backup power systems. Tower light bulbs are replaced when they reach 75 percent of their rated life expectancy .and all bulbs on a given tower are replaced at the same time. Comprehensive logs are kept on all inspections, maintenance, system failures and bulb replacements. 8. What about structural maintenance? Do towers ever collapse? r Though other kinds of towers have collapsed, this has not been a problem in the cellular industry. Accidents involving structural defects are virtually unknown. Basic, routine inspection and maintenance helps assure the soundness of these structures. Among the safeguards: , . - Guyed towers- are regularly checked to make sure they are standing straight. Even slight variances are cause for mandatory, corrective action. - Guying systems are checked for loose or-missing parts, rust or fraying. - Tower foundations are checked for cracks, deterioration or settling. - Structural components are checked for cracks, bends, faulty welds and rust. - Equipment vulnerable to rodent damage, especially electrical systems, is carefully checked. . 74 -2- . 9. Most towers are constructed of metal. Doesn't that make them perfect lightning rods? Like other such structures, cellular towers are all fully grounded to ,guard against ,property damage or physical injury in the event of a lightning strike. Other precautions. • ~ are taken as well. For example, no employees are permitted to work on cellular towers __ in threatening weather. Furthermore, the cellular transmission system is housed in an adjacent facility, separated from the tower. 10. Do cellular carriers ut as much effort into k in structures and rounds attractive as P ~P g g in keeping their towers in sound condition? Yes. Cellular o razors are roud members of their communities and strive to be ood Pe P - g neighbors. -Lawn care, building .and grounds maintenance and other aesthetic functions are important responsibilities that are taken seriously. 75 -3- "Measurements that have been made around typical cellular base stations have shown that ground- level power'densities are well below limits recommended by ctirrently'accepted RF and microwave safety 'standards. " Federal Communications Commission, Office of Engineering and Technology, Spectrum Engineering Division; "Information on Cellular Radio. and Radiofrequency Radiation"; January 1993 "Based on the reported thresholds of biological effects in the scientific literature, the recommendations of all standard setting groups in the world (including the most conservative of the USSR), and the form of radio wave modulation, it is my opinion that emissions from cellular transmission facilities are safe and do not pose any threat to the health of the general population. "The consensus is that nothing in the peer-reviewed literature would suggest a harmful health effect from exposure to radiation at the low levels associated with exposure to cellular radio wave rT-ansmitsions. This conclusion rests on the.expert opinions of the large majority of scientists in the physical, medical, and biological sciences. A few scientists and contributors to the popular media may hold contrary views, but the overwhelming thrust of expert opinion forces a conclusion that cellular radio wave transmissions are safe. " Don Justesen, Ph.D. Professor of Neuropsychology, University of Kansas School of Medicine; Research Career Scientist, VA Medical Center, Kansas City, Missouri 7'6 "The ical levels of electroma etic ene associated with cellular tel hone rran~rnicsi tYP lm ~' ep ons are several .hundred times below the most stringent U.S. safety standards...Hence, based on the surveys of cellular **~nnnittion facilities and the field measurements I have made, and my knowledge of the scientific literature reganiing the biological effecu of electromagnetic radiation, I conclude that the frequencies and power densities associated with cellular communications facilities have not been shown to be harmfiil and have not been linked to adverse health effects in humans or animals. " Jerrold Bushberg, Ph.D. Clinical Associate Professor of Radiology and Radiation Safety Officer, University of California, Davis Medical Center "With respect to electromagnedc energy produced by cellular radio wave transmissions, the scientific data to date...demonsaates that there are no grounds for concern as to potential health risks to the public. No regulatory action by the (California Public Uti]itiesJ Commission is necessary to protect the public from exposure to cellular radio wave transmissions. " Testimony by the Cellular Carriers Associadon of California and the Cellular Telecommunications Industry Association before the California Public Utilities Commission; January 1991 s t -2- 77 0 W V a N D _- O ~ - ~_ O ~ r ^ r V ~ d Cl) oc s Cf) cn °' o cc ~~. D 'i N --~ ..., J _, 0 %j~\ °3~ ~ N ~ ~ o +~ >- a ° 3 a. ._ .... o _ 0 0 N 3 ._ ~~ a`N >- O N ~ OC ~~ W •-~ ~ 3 -- o z Q. W V ~ W .~ _ W Q • d O N'f u a W W ~ c 0 0 ~ t _ V1 W Z W O v Q ~ ~ W 78 3 o ~, o How Cellular Works A cellular system allows your telephone to move untethered across a town or across the United States. When a subscriber talks on a cellular phone, it transmits radio waves to the local tower, which connects with the local phone network that serves your home and office or another cellular phone. Cellular technology uses individual radio frequencies again and again, through a city or county, to serve a large number of peflple. Instead of having a few radio channels that everyone must share, like a CB radio, cellular channels are "re-used" simultaneously in nearby areas without callers having to share the conversations. J The process begins by carving the service area into small areas, called cells. A cell can range anywhere from one mile in diameter to 20 miles in diameter, depending on the terrain and capacity needs of the system. Each cell gets a radio transmitter/receiver which is connected through the cellular company's switching center to the local network. By lowering the transmitter's power, the range of the radio frequencies can be shaped to fit a single cell: Those same frequencies can be used in another cell not far away, with little chance of causing any interference. When the phone begins to leave a cell, the network senses that the signal is becoming weak and hands the call over to the next closet tower that has a stronger signal. This is known as a handoff. The carrier will bill the subscriber based on how long the phone call lasts, also known as air time. Two different rate periods are commonly used: peak or high- - usage time and off-peak. A cellular user pays a flat service charge, which may include a set amount of air time and then a certain amount per minute over that amount. If the subscriber travels beyond the home cellular geographical area and makes a call on his or her cellular phone, another carrier will provide the service. This air time is billed at a premium rate. These charges, known as roaming revenues, have grown to $973 million annually. 79 // ~~ ~Q .s2 }~ 7 ~ ~ o ~ ~ ~ ~, ~ ~ a ~~. ~ ~ .o 0 O o ~ ~ .,~ ~ O O ~~ ~ O O 0 0 . ~ ~-,. ~ ~ t~6 L ~ ~ C _ ~ ~ ~ _ ~ ~ ~ ~ ~1-r ~ Q Q ~ ~ f ~ ~ 80 ~ ~ ~ ~ a O O O O ~ ~ ~ .. O~ ~. 3 o T--{ O i r-. ~ N L ~ ? 7 O .-. * . ~ ~ ~ ~ ~ ~ c ~; ~ ~ Q ~ a o c~ .. _ ~ ~ L ~ 0 . C ~ LL Q w ~ 1" L (~ ~ U a=i ~ _ .f.2 1/ ._ ~ Q U U ~ _a U .,,, b ~.. 0~) V w O .N cn •~ 0 U c 0 a o~ U a~ -n ~, U ~-. O V] a U L O ~~, O ...a r-.~ O N V , A 0 J . ~1 U ~ N 1 iV n ~ _ y c~ U J b.0 ~ r- O c~ r-- U X ...~ U ~ U ~ =~ r=. •~ ~ ~ U ~ C ~ _~ ~ ~ c;_, O ~ f1 O U fl~ >-, O -O ~ C ~ O ~ ~ =' r, ~ U r- _ ~ o ~ W ~ ~ ~ ~ ~ p ~ ti ~ ~ ~.._, J ~ y "II ~, _`_' -- ~ U O O -r ~ :: r ~ U X J ~ U ~ cD ~ U r ~ U U O C ~ N ~ '~ U ~ U O '.~ cd ~ ~ U. ~ ~ r J • N ~ •~ ~ ~ U ~ O ~1 ~ U -° U ~U ~ U U. c~ c~i .~ cv -- N c~ d- 82~ • Typical Monopole `Power C®mnounrl r w REQUEST. FOR BOARD ACTION Meeting Date: 04/07/97 Regular'Item #: 7F Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 26 Contact: Pete Ave SUBJECT: Special Use Permit (5-406, 3/97) BRIEF SUMMARY: Request by D. Barefoot to establish in an existing structure a convenience food store specializing in coffee sales, bakery items and pre- packaged food items. The site is located at 5317 Wrightsville Avenue is zoned R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with conditions. FUNDING SOURCE: __ _ , Federal $: .State $: County $: User Fecs $: Othcr S: Money Is In Current Budget: Ncw Appropriation Request: Bud et Amendment Pre ared: ` LGL: FIN: BUD: I-IR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: AP~'Ft®VED~ ~~ l~E.IECTED- F~EMOVED ~. ~? B'OSTPOIVED t'3 J DATE , ~ 7 CZ.7,,.~ .~~n Rcfcr to Office Vision Bulletin Doard for Disposition /~'~ ~' ~.. M'" ITEM F Special Use Permit: Request by D. Barefoot to Establish a Convenience Food Store. Specializing in the Sale of Coffee Products and Pre-packaged Food in an Existing Residential Structure at 5317 Wrightsville Avenue. The site is zoned R-15. (5-406, 3/97) (NOTE: The applicant desires to convert the existing dwelling on the property into a small coffee shop. Sales would be limited to coffee products; tea and assorted bottled beverages, such as water, juices and all natural drinks for on-site consumption or take out; bakery goods, such as, pastries., bagels, desserts and breads; and specialty gourmet beverages. The applicant also plans to sale newspapers, magazines and unique accessories, such as beverage mugs, espresso machines, local artwork and tee-shirts. Other convenience food items historically sold in convenience food stores, such as canned goods, soft drinks, ice- cream, beer and non-food items such as tobacco products, gasoline and related uses will not be sold at this location. A detailed list of products to be sold is attached.) Planning Board Summary The applicant requested the plan be revised to included adrive-thru window at the rear of the structure. The Board agreed to the revision. The Board voted 7 to 0 to recommend approval of the applicant's revised request and with the following conditions: -The sale of goods be limited to bakery products produced on site; pre-packaged foods,; gourmet coffees; teas; gourmet chocolates; unique accessories such as mugs, t-shirts, local artwork, newspapers, and magazines; and assorted bottled beverages such as water, juices and all natural drinks. The sale, of beer, wine, tobacco products, videos, fuel, and other products commonly associated with a convenience food store are prohibited. -Limit tree removal outside the areas needed for parking and internal circulation. -Comply with all other applicable landscaping and buffering standards. -Construct~a circular entrance and exit drive as shown on the site plan to prevent vehicles from backing into the street. -Revise the site plan to show location of drive-thru window. -Leave existing chain-link fence that surround the property in place. A pedestrian access may be provided to the hospital property, but not the Romano property. -Outdoor lighting be directional so it doesn't shine onto adjacent properties. -The site identification sign be limited to one ground sign, externally illuminated, not to exceed 12 square feet. The owner of an adjacent parcel that is currently used for psychiatric counseling told the Board he feared approval_of the request might make it difficult in the future to lease his property. He advised the-Board that~he~irivest~ed significantly in upgrading the structure and didn't want adjacent land uses to bef~~c~~`on~erted to uses that might otherwise weaken his current market stance 8 ~ d his investment.''., ~. ,v,~-, i,,", The Board told the owner that they believed the location of the proposed use specializing in coffee products with the additional conditions attached would be sufficient to protect surrounding land uses. 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 planned uses will be located in an existing structure. No additional water and sewer capacity is needed. There will be limited food preparation on-site, such as bakery goods. ~~ B. The site has direct access to a public street. C. The site is located in the Winter Park VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. ;s A. Convenience food stores are permitted by special use permit in the R-15 Residential District. t ~~ The site is zoned R-15. B. The total area that can be devoted to the use cannot exceed one acre. The subject parcel encompasses .37 acre. . . C. The gross square footage of the structure cannot exceed 3000 square feet. The existing building is approximately 1500 square feet. D. The facility will not be located within the interior of a subdivision. E. The applicant does not plan to provide for the sale of fuel, beer, wine, tobacco products, milk, bread, canned goods, and other products commonly associated with a convenience food store. F. Off-street parking is required at a ratio of 1 space for each 3 seats in the facility plus one for each 2 employees. 3. Tl~e Board must find that the use will not substantially injure tl~e value of adjoining or abutting property or that t}ie use is a public necessity. A. Property on the east and west sides of the subject .property is zoned O-I Office and Institution. The site to the east is the main entrance for emergency vehicles using Columbia Cape Fear Hospital. The site to the west is used as half-way house. B. Property to the north is developed with a large parking lot that serves the hospital, 4. The Board must find that t}ie location and character of the use if developed according to t}~e plan as submitted and approved will be in harmony with the area in wliic}i it is to be located and in general conformity with plan of development for New Hanover County. A. Land use in the area is a mixture of single family dwellings (across the street), a hospital, a half-way house, a drug store, and a parking lot . Suggested Conditions if Approved -Limit on site sales to coffee products and pre-packaged food items, such as bakery goods and sandwiches and those uses listed in the applicant's summary. Some limited on-~c~ baking would be needed.. The Board should exclude the sale of beer, wine,.over the counter tobacco products, videos, and other food products and drink commonly associated with a convenience food store. -Limit the site identification sign to one ground sign not to exceed 12 square feet. Allow it to be indirectly illuminated. -Require all other outdoor lighting be directional only so that it doesn't shine on adjacent properties. ~ ;_ . -Require ingress/egress be designed so that vehicles do not back into Wrightsville Avenue to exit the property. , -Minimize tree removal for the construction ofoff-street parking and internal driveways. . 86 t PETITION SUiVII'VyARY SHEET ~, s~ao6 Petition Number: V. McNeil D. Barefoot Owner: ~ Representative: ~~ ~Coff~e Sho Areea e: • 37 Request: ~ 6205 5317 Wrightsville AvE ~ Tax TD Number: Location: LAND USE, ZONING, UTILITIES and. SERVICES ' Land Classification: Urban Transition Existing Land Use: Residence 7.oning History ~ Area originally zoned in July 1972. Adjacent pr~g~rt-i P~ ~~nPCi n T 1 9R7 anri 1 a;L1 '~'Vatcr Typc: Fire District: _ Road Acccss:- School District: College Park Scwcr ~'ypc:-bounty Recreation: Hugh McRae Volume: 12, 100 ADT (' 95 cot ~I9ISCELLIINEOUS PHYSICAL CHARACTERISTICS r 1 i Watershed andWater Quality Classification: Hewletts Creek (SA) Edge of Primary Area Aquifer Recharge Area: None Conservation Resources: _ None Historic Landmarks and Archeological Sites: N/A - Site is developed Soil 'T'ype(s) and Class: Septic Tank Suitability: N/A - Site is developed _ None Prime Agric~lt~rrnl Soils: N/A - Site is developed Ruildin~ Suits~bi(ify: __ Community Winter Park Wrightsville Aoe What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where pro- posed and developed according to the plan as submitted and approved." Statement by Applicant: The proposed use will comply with all applicable governmental rules, regulations, and laws pertaining to the property and will not endanger the public health and/or safety. General'1?~quirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." Statement by Applicant: ~e property is classified as R-lS.in which zoning district a Convenience Food Store is permitted as a Special Use, subject to the provisions of Section 72-4 of the t?rdinance. The use will comply with the provisions of Section 72-4. General Requirement#3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statenrerrt by Applrcant: The adjoining properties are zoned t~I and are oWrred by Columbia Cape Fear Iospital. The proposed use will not decrease the value of the adjoining or abutting properties. General Requirement #4 Tfre Board must find "that the Ioc:rtion 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 tfre plan of devclopmeut for Ncw Hanover County." Statement by ApplrcanC The use will be in harmony with the surrounding area in which it is located. The primary use in the area is the hospital and its supporting services. This use will provide a service to the hospital corr><mmity. U The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by _ the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each ~~ specific requirement found in section 72- , (as applicable). He/She should also demonstrate that the land • will be used in a manner consistent with the plans and policies of Ncw Hanover County. The Board of Commis- sioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit: _ I certify that all of the information presented in this application is accurate to the best of my knowledge, inforrna- . 8 Q lion, and belief. ---~ - Srinature of Appli ant and/or Owner 1 1 1 f 1 1 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular~Item #: 7G Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 3 Contact: Sam Bur ess SUBJECT: Road Closing (SC-70) BRIEF SUMMARY: Request by M. Andrews and R. Hawkins to close a portion of Burke Ave. by reducing the right-of--way width to 30 feet from 50 feet. The road is located 250 feet east of Pavilion Place on the south side of Eastwood Road. RECOMMENDED MOTION AND REQUESTED ACTIONS• See the Planning staff recommendation attached. N UlVll1IVC~ SUURCE: Federal $: State $: County $: User Fces $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: _ ., Hear public comments. { ~~~i~ ~.PPR®VE® ~/~ j ~t,EJECTED ~, I~.EMOVED ~ g g POSTPOfVED ~-, Refer to Office Vision [3ulictin [3oard for Disposition ®~T~ " °~~~ / %.~-,~~~,/ ~~ Meeting Date: Apri17, 1997 Agenda Item Letter G Subject: Road Closure/Reduction of a portion of Burke Avenue Summary Information: Adjoining landowners Roy Hawkins and Mike Andrews have requested a road closure/reduction of 20 feet (close 10 feet from west and east right-of--way boundaries) for 300 feet of Burke Avenue in order to save several majestic oak trees from possible destruction.. Burke Avenue is located approximately 250 feet east of Pavilion Place, south side of Eastwood Road and is a part of the Villa View Subdivision recorded in Book 52, page 563 of the New Hanover Registry. The subject road has a 50 foot right-of--way and is open but not paved. Based on the applicants' request, adjoining landowners labeled as B, C, and D would not be landlocked as displayed on the attached map. However, County Engineering staff has requested that a1120 feet proposed to be closed be utilized as a utility easement. This 20 foot utility easement would be distributed as 10 feet from the western right-of--way and 10 feet from the eastern right-of--way of Burke Avenue. As of this writing, the Planning staff has received no opposition. Staff Recommendation: The Planning staff recommends that at least 40 of the 50 foot right-of--way of Burke Avenue remain open in the event that the road is improved by the city or by NCDOT. Minimum NCDOT specs require 40 feet with curb and gutter, 45 feet without curb and gutter. This recommendation would allow the petitioners to convert to a utility easement 5 feet from the western and eastern right-of--way lines. r ~ ..~. ._ ~~. `r ~ ~« ,,~, h,T>>,; , 90 ~ _~. . ,~ ^l STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing/Reducing A Portion of Burke Avenue ORDER It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close/reduce a portion of Burke Avenue was adopted by the County Commissioners on the 10th day of March, 1997 and it further appearing that said resolution called for a hearing to be held on the 7th day of April, 1997, at which time the County Commissioners would hear complaints and comments of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that a portion of Burke Avenue in the County of New Hanover should be closed/reduced and are satisfied that the closing /reduction of same is not contrary to the public interest, and that no individual owning property in the vicinity of the roads will be deprived of reasonable means of ingress and egress to his property by such closing/reduction, the legal description of said road being as follows Beginning at the northeastern corner of lot 7, Villa View Subdivision as recorded in Book 52, Page 563 of the New Hanover county Registry and is approximately 250 feet east of Dick Averrrre (clrrrently lntow as Pavilion Place), ru~nring thence from the norlheaster~r corner of lot 7 approximately ISO feel sor~thtives•t to the northeastern corner of lot 34 1/2,; the~rce from said poin! south 12G feet to the southeastern co~•rrer of 10133 as shown oir the Villa View plat; the~itce SO feet east to the southwestern corner of 19t 39; thence 19G. G feet north to the norlhtivestern corner of lot 39, thence ISO feet northeast to the ~torlhtivestern corner of lot 12 as shown on the Villa View plat; thence SO feet northwest to the point of begin~ling. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed/reduced and converted to a 10 foot easement (5 feet from each side of the eastern and western rights-of--way) for utility easement purposes. It is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 7th day of April, 1997. Robert G. Greer, Chairman Attest: Clerk to the Board 91 This page intentionally left blank 92 e 1 I MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 APRIL 7, 1997 ITEMS OF BUSINESS 1. NON AGENDA ITEMS (Limit three minutes) 2. Acceptance of Water System -Great Oaks Subdivision PAGE NO. 93 95 93 This page intentionally left blank 94 v: . - REQUEST FOR BOARD ACTION Meeting Dater 04/07/97 Regular Item #: W&S#2 Consent Item #: Additional Item #: Department: NHC Water & Sewer District Presenter: Wyatt Blanchard Page Count In Agenda Package: Contact: Wyatt Blanchard SUBJECT: , Acceptance of Water .System- Great Oaks Subdivision BRIEF SUMMARY:. - Staff has received a request from the developer of the Great Oaks Subdivision to accept the water system which is being constructed to serve the subdivision. The first phase (50 lots) would be served by one well on site. A second well would be required to extend beyond fifty (50) lots and could serve up to 300 lots without being connected to an elevated tank.. The overall subdivision is planned to have 500 lots. The ' system is also being constructed to District standards. The location of this system is just across Market Street (see map) from a system known as Country Haven presently owned and operated by the District. The system a can be interconnected with other District water systems once an elevated tank is connected to the system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the water system be accepted for ownership, operation, and maintenance by the District. • FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: 'New Appropriation Request: - Budget Amendment Prepared: ~ ~ REVIEWED BY: ,~ LGL: F1N: BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: p~ Recommend .the District accept the water system from the developer of the Great Oaks Sub ~ ~ision. F\~ .~~ APR®1~E~! ~ ~~i`~= ' . ~.EJECTEO =~ l~•EMOVED ~~~ - 9 5 P05TPONE~/``~? j/` ~~~yy~~ .~~ Refer to Office Vision Bulletin Board for Dispositf~'o~~~'~ ~/ 7/ %- ~, ~~"!/. r i I A ?0.. ~.. 1 O t O , ~p Y. ~ - 9C~D Etta ~ 9Q a a ~ ~ ~ ~r r ¢ __ ~ SOS r'a ~~ - .. r` ,~P L~ t- CLEwl3 avE .y` e. ~ 2- MEaDOWVt E'M avE I~ ~~ z r. '~' "~;4 II COUR7 COVRT ~ x IA` ~~ x,~Ox x x x Y. O' J! . 9 S' Yx x`~'YY XYxYxx_ '~ ~^+`~~~L.o 0 x x~4Y ~' x ~ 1 ~.~q ~~~ _ ~''~ ~ axe .~ Y7~x 4t•, ~..` ~? ' aarrt !co ~aR_~ Y '~~~ y x ~ k X ~J ' rCER , y. r~ Y Y Sr K ~ ~ . J P7 ~ Y - ~ ' ~LC ~•. ~ \\ - .: ., o +o, ? .. h'y ~ ~o I~ 4'~ C~~ ~..1p~ .-rc \ . O a~ 'C o ~~. _.~ ~ +SCJ ~T. - :.PagES Cre..k . J C .~.\V ;.F_U . °J r ' ^'v e' ~~ (~ 0 0 ~ .. 0 r ~ ~ ' ~ w w _ ~ Fa c;.e, ~~' --rN c ?i~K'N-~ LJ~D~`r.C ER Y~na~,~cs~c.' D~,'JaD OR. Oa` ~ lJ c ~f c9 : ; dF_ - SUS i v~ ,, .. ~` ly3Cho CiaJ~'r CTr. `~~~A ~~~"~~afr ..:.D .; ~ CT c - • '`:. .. ~< <a "'' n• p ~~ ?~`' ~?' ''. tea' ~\ .~ D' 4 LJ ..t CC q` i~ ~a0 O ,. a t r J< , ti "1TiL3_.w ¢cr %i '~'~~~` C ~iOO ,moo ', .v N^ ~`C- - ' ~T-;.~i .~ , ~ /~~"t . ~/~ 4~ ctl£~~~n2 ~ -' . . / . cap E :. r , - f ~, ~ - ~ a' .` '~ ~ titi7 r _, ~ .,.: _:; ;`,";.',',,.~ ~~ ~ ~ I -GREAT OAKS WATER SYSTEM ~ - --,; ~~' J ;Yq~ c / ,_ ~"'0~-,,; ~ o~ (PROPOSED COUNTY SYSTEM) ' ( a c ~ ~/ ~~ ~ r - ~~~~r ~ ~ ~ h BRICKSTONE WATER SYSTEM /~ / ~+ rk s ~ ~ (EXISTING COUNTY SYSTEM) +~ //qf,~ IJUnD ~~/ ~ , ~`~ ~ ~t~ MAP-NOT-TO~CALE - _ .- I~ i~~: ~_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 °; .. .. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS •~ 1, Approval of Personnel Policy Amendments - 2. Adoption of Resolution designating April 1 1, 1997 as the First Parkinson's Disease Awareness day. 3. Award of Contract for Roof Replacement and Repairs at the WASTEC facility to C.F. Evans for the amount of $72,188 4. Approval of application for New Hanover County Partnership. for Children Grant, and if funded, approval of execution of appropriate budget amendments 5. Adoption of resolution awarding bid #97-0333 and approval of contract #97-0033 to Anvil Attachments a Division of D&S Manufacturing Co., Inc:, for the amount of $26,710. , 6. Approval of resolution requesting authorization of conveyance of interest in jointly-owned lots to tl~e City of Wilmington. The .lot has been identified by WHFD for construction of an owner- occupied, single-family residence. 7. 800 MHZ item from March 10th meeting 8. Support of Legislation that would enable local governments to ..pay a portion of the employee's contribution to the retirement system 9. Approval of Budget Amendments: A. #97-0142 to budget funds from agambling/lottery seizure B. #97-0143 to budget donated funds to offset cost of producing and mailing the Senior Center's monthly newsletter PAGE NO. 99 107 113 129 139 143 159 163 164 97 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: Consent Item #: 1 Additional Item #: Department: Human Resources Presenter: Andre'' R. Mallette Page Count In Agenda Package: Contact: Andre' R. Mallette SUBJECT: ` Personnel Policy Amendments BRIEF ..SUMMARY: ~ - Attached for your review and approval are recommended amendments to Articles IV, V, VII, and IX of the personnel policy. Article IV Sec.8 (C) was inadvertently omitted from the policy during its most recent revision. Article V places into the policy the current practice regarding the presence of attorneys during predetermination hearings. Article VII Sec. 11 outlines conditions under which new employees would be allowed to transfer accrued sick leave to the county. Article VII Sec. 20 details. the options available to employees who go out on workers' compensation leave and the impact of that leave on other Cotfnty policies and the Family Medical Leave Act (FMLA). Article IX Sec 1 would allow terminating employees to continue dental benefits based on the qualifications set forth in this section of the policy. RI'JCOMMENDED MOTION AND RFOUFSTFD ACTIONS• Request that the Board of Commissioners approve the recommended amendments. I~'UNl)ING SOURCE: ~edcral $: Statc $: County $: Uscr ~ccs $: Othcr $: Moncy Is In Current Budget: New Appropriation Rcqtrest: Budget Amendment Prepared: REVrrwlcD BY: LGL: PIN: BUD: N/A CGRIFFIN I-IR: APP AMALLI/TT ' COUNTY MANAGER'S COMMi;NTS AND RECOMMI~,NDATiONS: Recommend approval of attached amendments to the County's Personnel Policy ~ ~ . APR®V~~ _ : ~, , ' 1~.E.lECTED 99 ~,EMOVED - ~ P'OSTPONED z' ' Refer to Office Vision [3ullctin [3oard for Disposition {IaAT~ . r~~7 l~~ (/-t "--r / =~ ARTICLE IV. - Sec. 8: Probationary Period of Employment ~ f ~~ = - An employee. appointed. to a full-time or part-time regular position will serve a probationary period of no less than six (6) months and no more than twelve (12) months. An employee may be dismissed at any time during the probationary period the appointing authority feels the employee is not satisfactorily performing the assigned duties, without benefit of the progressive disciplinary process outlined in Article V, Sections 7-14. A. Benefits An employee serving a probationary period will receive all benefits provided in accordance with this resolution,,with the following exception or as otherwise provided: . ~ .. . (a)...(no.changes) (b)...(no changes) B. Completion of Probationary Period Before completion of the probationary period, the department head will indicate in writing to the Director of Human Resources: (a)...(no changes) (b)...(no changes) (c)...(no changes) (d)...(no changes) G Transfer from a Temporary to a Regular Position No credit shall be given for time and service while in a temporary position; nor shall , credit be given for such time upon transferring into aregular position. a-. . _ ,~ ,~ ~ oo ~ ~ ~~ ?~ ~~~ ~~~ ~_ . ~, ARTICLE V. Predetermination Hearin for suspension without pav, demotion or dismissal .The department .head (and immediate supervisor, if different from the department head), must meet with the concerned employee to issue a written notice of the charge(s) against the employee; to discuss all pertinent information regarding the wrongful action(s); and to allow the employee to respond to the allegation(s). The department head shall provide the employee with a written notification of the proposed disciplinary action, .which will include its recommended effective date; the reason(s) for the disciplinary action; and a date and time for a predetermination hearing. At this hearing the employee may present any response to the proposed disciplinary action to the department head. No attorneys representing either side may attend the conference. 101 ARTICLE VII, SEC. 11 SICK LEA ICE -MANNER OFACCUMULATION A. TRANSFER OF SICK LEAVE UPON EMPLOYMENT Sick leave accumulated during prior employment may be transferred to a new employee's sick leave balance upon employment with'New Hanover County;'subject to the following conditions: ,. (1) The new employee must be an active eri'rollee in a state or local government retirerri'ent system under the umbrella of the North Carolina State Treasury Department. (2) The new employee must provide the New Hanover County Department of Human Resources with a certified accounting from his/her previous state or local government employer, of the sick leave balance which was available for the employee's use at the time of termination and for which the employee received no recompense. (3) Upon employment, New Hanover County will transfer up to the maximum of sick leave the employee would earn in a year under the New Hanover County Personnel Policy, to the employee's sick leave balance. (4) Upon completion of five (5) years of service to New Hanover County, the remaining balance of prior sick leave will be transferred to the employee's sick leave account. B. ACCRUAL OF SICK LEAVE Eligible employees who work the standard 2,080 hours per year... 102 ARTICLE VII. Seca 20. Workers' Compensation Leave An employee who is absent from work due to sickness or disability covered under the North Carolina Workers' Compensation Act is subject to the following leave provisions: (a) An employee may take leave without pay for the entire period of disability, " and receive any workers' compensation benefits to which they are entitled. If the absence is determined to extend beyond twenty-one (21) calendar days, .the employee must go immediately into a leave without pay status and begin .receiving workers' compensation benefits on day one (1); (b) An employee with a workers' compensation injury/illness that is not expected to extend beyond twenty-one (21) calendar days, shall be advanced sick leave for the first seven (7) days of absence and be required. to sign a Promissory Note. If the employee returns to work on or before day twenty-one (21), repayment of the advanced leave may be made by deducting the hours from the employee's leave balance or crediting through future leave accruals. ~~II ~~J 1 (c) ,Retention of Accumulated Leave An employee in a leave without pay status will retain all accumulated sick and personal leave "while receiving workers' compensation benefits. (d) Temporary Employees Temporary employees will go directly into a leave without pay status and will receive all benefits for which they are eligible under the Workers' Compensation Act. . (e) Reinstatement " Upon reinstatement, an employee's salary will be computed on the basis of the last salary plus any salary increase to which the employee Would have been entitled during the absence covered: by workers' compensation benefits. (fJ Designation As Family and Medical Leave Any period of leave without pay for a workers' compensation disability that qualifies as a "serious health condition" under the Family and Medical Leave Act (FMLA), will run concurrently with FMLA leave.. (g) ~ Impact of Other Personnel Policies During Workers' Compensation Leave New Hanover County's personnel policies shall continue to apply to an employee on workers' compensation leave in the same manner as they would apply to an employee who continues to work, or is absent while on some other. form of leave. " 103 ` ARTICLE IX. EMPLOYEE. BENEFITS *Sec. I. Insurance Benefits The County may make~group health and dental insurance programs available::. ' NOTE:.... (A) Continuation of Health and Dental-Insurance Benefits ~ ~ ' (1) Terminating employees may qualify for continued- coverage under the County's group health insurance program... NOTE:... ' (2) Terminating employees may qualify for continued coverage under the County's group dental insurance program, as outlined in Section B of this policy. Employees may maintain the type of~coverage in''effect at the'time of termination. NOTE: Type of coverage shall mean individual, employee plus• one, or family. (3) Employees who do not qualify for continued coverage under the County's group health and dental insurance programs, will be afforded continued coverage iri ' accordance with the plan contract or any legislative mandates governing the " continuation of group health and dental insurance benefits. ' (B) 4ualifications for continued Coverage An individual must meet the requirements for one of the categories detailed below in order to qualify for continued coverage under the County's group health'and dental insurance programs. (I)...(no changes) - (2)...(no changes) (3)...(no changes).. - (C) Rates (I )... (no changes) (2) Employees not meeting the County's established criteria for continued coverage must 104 pay the entire cost of the groups health and dental insurance premiums plus any 1 1 1 1 1 1 1 1 1 1 1 administrative fees that might be imposed, for the period allowed by the provisions of the plan contract or any legislative mandates governing the continuation of group health and dental insurance benefits. 105 This page intentionally left blank 106 r REQUEST FOR BOARD ACTION ' Meeting Date: 04/07/97 Regular Item #: Consent Item #: 2 Additional Item #: Department: County Manager Presenter: Pa e Count In A enda Packa e: Contact: Allen O'Neal SUBJECT: Consideration of Approval of Resolution designating April 11, 1997 at the First Parkinson' Disease Awareness Day BRIEF SUMMARY: The Parkinson's Disease Support Group and European Parkinson's Disease Awarness Associations requests recognition by approval of the attached resolution. • RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: Federal $: State $: County $: User tees $: -Money Is In Current Budget: Ncw Appropriation Rcqucst: I3ud et Amendment Pre tired: . REVrrwEn Bv: ' LGL: PIN: BUD: I-IR: - COUNTY MANAGER'S COMMENTS AND R , OMMrNDATIONS: Recommend adoption the attached resolution. Otlicr $: _~..- ~~R®iiEl~ ~ ~ '' 1RE.IECTED . ~?E~IOVED EI~ 1 POSTPONED Rcfcr to Oflicc Vision I3ullctin Board for Disposition ~ ~'`-'^ s RESOLUTION M NEW NANO VER CO UNTY BOARD ~ OF COMMISSIONERS WHEREAS, the Parkinson's Disease Support Group and,i/uropean Parkinson's_Disease Awareness Associations are committed to elevating public awareness of the disease and; WHEREAS, the support of public officials aids in heightening the public's awareness and concern in order to become better educated about health issues, and WHEREAS, Parkinson's Disease affects millions of Americans, and WHEREAS, April l 1 is the anniversary of the birth of Dr. James Parkinson; NOW, THEREFORE, BE IT RESOL>U~D that the New I-Ianover County Board of Commissioners declares April 11, 1997 as the Pirst Parkinson's Disease Awareness Day in New Hanover County. This the 7th day of April, 1997 {SEAL} NI/W I-IANOVI/R COUNTY BOARD OI~ COMMISSIONERS Attest: , . 'Robert G. Greer; Chairman Lucie r. IIarrell; Clerk.to.,the Board ~> _ .~ . ~, . i. '= ~~ ~~ti ~ ~~. ~z <: ~~~,~~ ~~ 108 „~ ~ ~`~~ 119 Bradley Pines Dr. tiVilmington, NC 28403 ' I~larch 24, 1997 Mr'. Allen O'Neal County Manager ' 320 Chesfiut Street i Room 502 - ~f .1 MAR 2 4 1991 NEW HANOVER CO. _ _ MANgGER'S OFFICE Wilmington, NC 28401 ' I would like to request that the Count Commissioners consider ado tin 7 a resoluti Y l ~ on on behalf of the Parkinson's Disease Support Group and the European Parkinson's Disease Awareness Association by designating Apl-il 11, 1997 as the flrsl Parkinson's Disease Awareness day. It will be held on the anniversary of the birth of Dr. James Parkinson. The LPDA is spearheading this ' event. Representatives of sixteen countries inclu(iing the United States have sent letters to the European Parkinson's Disease Awareness Association supporting a Parkinson's disease awareness dav. Its purpose is to raise awareness of the problems people face when they arc diagnosed with Parkinson's Discasc. lVe estimate that there arc about 200 people in (his area l~l~h Parkinson's ' disease. Some are still working, contributing tax payers. I ask you to honor these people and the - 1.~ million other Arnel7cans afl]icted with Parkinson's Disease by passing This resolution. "Phis resolution is non-political, non-relibrous alUl InUltl-Cultural IIn that IC Can offend no erson or ~rou ) p ~ 1• Thank you, 5yclel Gluck Phone number 791-4642 ~ ~ 109. This page intentionally left blank 110 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Zegular Item #: Consent Item #: 3 Additional Item #: )epartment: Engineering ~ Presenter: George Shaw 'age Count In Agenda Package: Contact: George Shaw SUBJECT: Roof repairs at WASTEC. BRIEF SUMMARY: Significant roof damage at the Wastec Facility was caused by I-Iurricane Pran. A consultant was hired to assess the damage and develop a set of specifications to cover repairs to the roof. Bids were received on March 25, 1997. C.F. Evans was the low bidder at $ 72,188. RECOMMENDED MOTION AND REOUESTrD ACTIONS• Recommend award of contract to C. F. Evans for Roof Replacement and„ Repairs- at the WASTEC . FACILITY. Amount of contract is $72,188. Statc $: County $:72,188 Uscr ('ccs $ Othcr $: Money Ts In Current Budget: Budget A-nendment Prepared: Ncw Appropriation [2cqucst: i(L' V1I~WLU liY: LGL: FIN: ~ BUD: I-IR: N/A AMALLETT COUNTY MANAGrR'S COMMrNTS AND RECOMMrNDA'I'IONS: The County is negotiating. with FEMA to pay for the roof replacement. We must move ahead with the repairs and hope that the County will be able to receive payment from-FEMA. The insurance deductible .for the item exceeds the cost of repairs. ~~-~`~"°" ~°'~"' ~ r ~R®V~t~ ~ $~EJECTED ~ ~. REMOVED 9'OSTRO ~ D ~" ~ Rcfcr to Ofllcc Vision I3ulictin Board for Disposition ®~!!T~ `""" "''`'% _~ "`=~"=~ o U w ~~ ~- w ~ O v d r~ W w; U ~ i ~ ~ ~i z ~ ~! W C O LCl W O Q1 . _ . ~ ,. ........... ~ O 1~ CO . , ' w y .lD rI r-{ Q © O CO N ~ v~ , ~ ~ I. z O I ~ I f w N I U1 Ul o ~ ~ < ~ ~ , ~ I I I O I w ~ ~ ~I ~ o f I ~ f f ~ f ' ji i ~ , ~ ~ ~ I ' CJ, ~ N I I I ~~ ~ ~ ~ al I I w ~ f z J ..' ..I ' ..I I I I I ( ~ , F- j ( ~ r ~I I _ ~ ~ ~, ~ ~ o ~~ ~~ ~ ~ .~~ . ~ I U . _ ~ _- > 3 ~+ ' .. w . ~ ' ro .C ~ - ~,,.--~ .~ I , w _ z ~ UI. ;„W U ~ cn + ~~~< ~ ~lbn f ~-1 ~ ; Z n~ ~ ~ < w Z 5 C ~ U ~ } ~~`~,'~~ ~ I ~ , 2 < ~_~ < ~ ~ n: z j °~ ~~~~,~.Y~ o~ ~ ° ~ o O ~ ~ O O l: ~U..I ~ ; if f !4 ~ .~ m ~~ m ~ I „s~ , ~ l i ~~ ,~ ~_ i {~ ~ ~.. ~~ ~~ _~ t~ r . ,~ ~' '~ '~ .. ~:.. REQUEST FOR BOARD ACTION ~" Meeting Date: 04/07/97 Regular Item #: Consent Item #: 4 Additional Item #: Department: Presenter: Page Count In Agenda Package: Contact: David Paynter .SUBJECT: New Hanover County Partnership for Children Grant Application BRIEF SUMMARY: This grant will extend for two years our current Partnership for Children project which expires June 30, 1997. This program provides monthly literature based story times to an estimated 200 child care center classes.. It also provides training workshops for day care personnel and information on library services utilizing day care. The current program has been expanded to allow fora part-time Children's Librarian to work with parents in developing their child's reading interests. If funded for two years the grant award would be $185,262; if funded for one year the award would be $85,269. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve application for grant, and if funded, approve execution of appropriate budget amendments. FUNDING SOURCE: Federal $: State $:185,262 County $: User tees $; Other $: Vioncy Ts In Current 13udgct: No Ncw A{~propriation Rcqucst: No . Budget Amendment Prepared: No ~LGL: APP. WCOPLEY FIN: APP BSHCLL BUD: N/A CGRIPPIN I-IR: N/f1 AMALLCTT COUNTY MANAGER'S COMMENT AND RI?COMMF,NDATIONS: Concur with recommendation above. ----.1 ~ ~ ~. , ,~PPR~VIr~ r.!,,> 1~1=JECTEQ `~ ~.EMOVr=® ~~ . ~ 13 iPOSTPONI~ OATS ~ G-~~ ~1n.1 Refer to Office Vision Bulletin 13o;vd for Disposition PART X: The OrEaniz~tinn Name of Organization: New Hanover County Public Library Street AddresslPost Office Box: 201 Chestnut Street .. - City: Wilmintrton --- " " ~ . ~ County: ~ . New Hanover " ~ StatefLip: North.Carolina 28403 Contact'Person: ~ Name & Tifle: David M. Paynter,.Library Director Address: 201 Chestnut Street, Wilmington, NC 28403 Telephone: (910) 341-4389 -- FAX: (910) 341-4357 Federal Tax Identification Number: •56-6000324 _ ~ _ Type of Agency: Private, non-profit, 501 C -For profit .~ Public agency Project Title: Growing Readers ~~• Area of Need: (check one) Health Family Support _Y_Cllild Care Community Education Time Period: (check one) One Year ~_ Two Years Project $eginning Date: l July 1997 Project Endinb Date: 30 June 1999 Total Smart Start Request: _ ~ $185 , 261.51 Signature- ChieCEiecuY e O leer ~ ` Signature - Pre~idcn `TMf lei-, T3oar~~of Dicect~ra r~~ti ~~ r:t<*J, ~{~ ~ ~n .L•.aj~. .-~: 114 ~ ~~ ~,~;~R, f;. NEW HANOVER COUNTY PARTNERSHIP FOR CHII.DREN APPLICATION FOR SMART START FUNDING . 1997-1999 . Please read the instrrrctiorrs care ally he ore completing this application . j-3-S~ Date 3 -- ~ - ~ ~ Date ': t~ . ~~ ` Growing Readers, page 2 LB. Summarize the organization's background, goals and current programs. Thc Ncw Hano~•er County Public Library consists of a Main Library located in downtown Wimington, with three suburban branch libraries, and a law library, and a collection of some 260,000 iterfts. Library services have a lengthy history in Wilmington bcginning.in 173; the city's first free public library opened in 1906. Library services were extended to New Hanover County in 1926, and the Wilmington Public Library officially became the Ncw Hanover County Public Library in 1977. Thc Library's Mission Statement expresses its purpose: to acquire, organize and promote for public use a collection of books, information sowccs and audiovisual materials wluch will meet llre needs oCNcw Hanover County residents seeking: -- exposwe to original, sometimes unorthodox and critical ideas necessary for an informed public and a free society. ~ ' -- a better understanding of their own and other cultwes. -- information to assist them in the development of individual and professional skills. -- recreational materials to use for their personal growth and enjoyment. As a free public library, the Ncw Hanover County Library strives to make its materials and scrviccs accessible to all. With the County's rapid populalion growth over the last several years, the Library currently serves a larger and more , diverse population than ever before. Thc-Library's Youth scrviccs Department serves as the County's central resource For children's litcratuee and resource materials, providing a variety of literature and information-related scrviccs to young people Gom birth through early adolcsccncc, and to llrcir parents, tcachcrs, and caregivers. Thc three-person staff (one Librarian and two Library Associates) has an aggregate of more than thirty years' experience in providing ll~csc scrviccs. During fiscal 1995-96 the staff presented 1,314 programs with a local attendance of 26,858 during fiscal 1995-96, with two-thirds or more of these programs targeting children ages 5 and under, during the same period the Library circulated an estimated 125,000 books to young children and their parents, tcachcrs, and caregivers. The Ncw Hanover County Partnership for Children's initial grant to the Library for the "Growing Rcadcrs" program has allowed the Library to add an additional t}ucc part-lime staff, with the goal of extending litcratwc-based storytimc programs to children in child care centers and providing related scrviccs to their parents and caregivers. Thc initial phase of this project is just now getting underway. I.C. .Describe how the project being proposed will assist the NHCPC in accomplishing its goals. Clearly identify and gunntifv the individuals who will benefit (Include Consumer Codes from Attachment B) Thc Growing Rcadcrs" project primarily addresses the NHCPC's goal 3, Child Carc, involving the provision of quality early childhood education opportunities. Specifically, "Growing Rcadcrs" • helps to remove barriers, real and perceived, discouraging access to Library scrviccs for children in child cart Cacilitics by bringing programming scrviccs to the facilities and by distributing information to staff and parents on the availability of Library scrviccs involving young children. (Target Population C 10, C}uldren, in child care, birch to 5 years) 1~ ~. • assists with teacher education -- both directly, by providing staff workshops on selecting and using age- appropriate children's literature and on using the Library -- and indirectly, by allowing tcachcrs the opportunity to observe regular presentation of high quality literatwc-based children's programs in their own classrooms. (Target Population C32, Early childhood education professional, GENERAL) "Growing Rcadcrs" also addresses NHCPC's goal 2, Family Support, involving family support scrviccs applicable to families with young children, whether or not those children arc in formal child care. "Growing Rcadcrs" serves as a resource for parents in extending their young children's educational experiences and in selecting enriching, cntcriaining age-appropriate literature for use in the home. (Target populalion C21, Pnrcnts, GENERAL) 115 Q Growing Readers, page 3 Part II: The Project: Please quantify information to the extent rt.ossible_ ~ - - - ILA. Describe the problem/need that the project will address. ~ ~ •• A recent Time magazine special report,'`FenileMinds" (February 3,1997, pp. 48-63) describes research in brain physiology suggesting that a child's early experiences are literally"wiring" the brain, creating the.neural pathways to be used later in Iife..While language skills can continue to be acquired throughout life, the most vital period in the development of language skips is the child's first six years. By introducing the riches of language to young children we nurtwe not only the development of these neurological capabilities vital to literacy, but also help them.acquire a lout of books and reading. Children who are read to.and exposed to language experiences before they begin school are much more likely to he successful readers. Without these,kinds of early literacy experiences children have..deficiencies which are extrc.~rncly difTicult to make up n•hen formal schooling begins. - • In the simplest terms, the Library's view is that aq young children deserve to have adults in their lives who share language, and particularly written language, with them. The "Growing Readers" project, with components . - reaching children in child care, their teachers, and their parents, is designed to spread enriching early childhood , ~ . literature experiences as widely as possible. Before the initial six months` period'of the "Growing Readers" project, the • Library, provided on-site programs to about 50 classes in 29 centers, reaching a relatively small percentage of an estimated 300+ classes in 67 centers in New Hanover County. We are currently in the process ofextending on-site services to as mnnv more centers as the three additional half-time staff will allow, and hope'to reach at least 200 classes directly in the centers. As the rescarch.indicates, language and literacy skill acquisition is not aone-time event, but a process taking place especially during the young child's fast six years. For"Growing Readers" to be .truly efTective in the lives of New Hanover County's children, then, theproject must be a continuing one. Service to .this age group is a priority for the Library's regular Youth Services staff and the opportunity to provide it on a wider;scale is precious: II. B. Describe the objectives of the project and indicate what changes and benefits will result. The Library will work toward the following specific objectives: • To continue to provide monthly literature-bayed sforytime'~programs to children•agca 5 and under iri New Hanover County's preschools and°ch'ild care center. ,Additional programmers funded through Smart ' Start allow us to reach g-oups unserved or under-served by regular Library stufT: The initial Smart Slam grant period for "Growing Readers" has allowed us to establish this extended service base; for us to maintain•it; continued project•funding is essential.- ' • To provide thematic collcction~ of age-appropriate buolts and relutcd~matcriuh to be cicculatcd among . participating centcrr. The Bool:Bag service, circulating theme-based collections of quality literacy materials to the centers, allows us to get more books into children's daily•lives between Library programmer visits;•such collections alsoscrvaas ctm-iculum resources forthe center's teachers. By,delivering these collections,to the centers, the will make a wider range of Library resources available fo`children and staff who bc-cuuse of ltx:ation or scheduling Lind il'dilTicult to visit•the Library themselves: ~ - To prc~cnt work~hop.r for preschool teachers on literature/language presentation skills and Library use in curriculum planning. Library staff are experienced in presenting literature to young children and en}~ancing their literacy acquisition through' arousing an interese'in language, stories, and books; children who receive such a rich early literacy experience are-far more likely to become avid.readers for a lifetime. Many day cart workers lack the experience and iraininF to incorporate such e~-periences regularly in their very bury classrooms. Workshops will provide lherrr both }villt specific book-oriented information and with expanded awareness of the Library's resources and services. ~ , • To encourage family Library u9e by families of young children. Reading and literature-sharing activities at home create some ol'the strongest reinforcement for~early,literacy acquisitiun. In laying these foundations for lily-racy skills, pd~ental irivolvemcnt is vitae ~~4fiether or not the child is in Cormal child care, Parents need to he aware of t}ie range and availability of Library services for themselves and their young children. 116 ~ i '~ r a !~ ~. i ~° ~. E ~. i i t~ Growing Readecs, page 4 II.C. Describe the strategies you will develop to accomplish the objectives. (Include Strategy Codes from Attachment A) • To continue to provide monthly literature-based storytime programs to children ages 5 and under in New Hanover County'' prcvchools and childcare centers. S[raregv Code SS, Quality inrprovemcnr direcrl-~ related to child care • The three Smart Start-funded programmers, together with the Library's Youth Services Outreach Associate, will provide monthly age-appropriate litcraturc-based storytime programs to children in ccntcrs, focusing on age groups 2-5. The new programmers, hired under the Library's first Smart Slant grant, were selected for background in work with young children and interest and enthusiasm for litcraturc and pcrformance/prescntation skills; they arc receiving additions) training from the Youth Scrviccs Librarian in litcraturc and language presentation skills. The programs will be offered for the Fall Season (September-early December), Spring Season (January-May), and Summer Season (June-AugusQ. We will hope to schedule three or four monthly visits during the Fall, four or five during the Spring, and two or three during the Summer, allowing for holidays, vacations, and other variations in the calendar. We also hope to schedule all participating ccntcrs for both Fall and Spring Seasons, and for Summer if they arc in session during dint time, and to visit at least 200 classes during the year. Contact with the centers will be made by letter, with telephone contact as follow-up and for specifics of scheduling. • To provide thematic collections ofage-appropriate boolt~ and rclatcd materials to be circulated among participating ccntcrs, Sn•arcgv Codc .SS, Ql~aliw iu~proveurent directl~~ rclatcd !o child cm'e The BookI3ag collection development also started during the Library's first grant period (January-June 1997). Tltc completion of the initial collection of 50 theme-based bags of books, with suggestions for fingcrplays, poems, flannel board stories, and suggestions for rclatcd classroom activities, will extend into the next fiscal year. The Library will also allow teachers to rcqucst age-appropriate subject-rclatcd materials from the general circulating collection to tic in with the teachers' curriculum plans, or to rcqucst a general assorimcnt of books appropriate to the age Level. • To present workshops for preschool teachcro on litcraturc/language prescntation akflla and Library use in curriculum planning. ~. Srralegv Codc Sl, SIaJJeducation The Library will offer at Icast three workshop training session for childcar`c providers during die fiscal year, either at the Main Library or on-site at ccntcrs as demand indicates. General workshops, presented by professional-level staff; will include basic information on Library services, advice on choosing age-appropriate books and rclatcd materials; teachers' resource materials available through dle Library, and tips on performance skills. Special-topic i _ workshops could focus on special interest areas such as flannel board stories or review of new books for the age group. Workshops will be publicized via personal contact with ccntcrs receiving Library services, mailings. to ccntcrs and home day care providers, and notices through information sources such as the Library's web site. • To encourage family Library use by families of young children. Sb•aregv Code Sd6, Family support or education service Genera! one-on-one assistance to parents has always been a priority for the Library's Youth Scrviccs staff. Expansion into fwthcr services such as parents' workshops (several sessions per year), a monthly information sheet suggesting books and ocher language-based activities for young children, and outreach to parents' groups associated with schools and ccntcrs are broader based activities which will allow the Library to extend its involvement with parents who arc already Library users, and promote the benefits of reading and language activities in .the home to parents who do not yet look to the Library as an essential (and free) family resource in their community, The addition of a Young Children's Specialist (at the professional staff Librarian I level) duough Smart Start funding will allow the Library to expand its services to both individual parents and to parents' groups; this person will work with other community agencies (M-iCPC funding recipients and others) to target special needs groups for these presentations. ''~ ~ ~ 117 • Growing Readers, page,5 a ILD. State how, when, and by whom an evaluation"will be conducted to measure whether. the project is meeting the objectives. Evaluation methcxls will include: Collection of Stati9tic~: Numficr of centers, classes, and individual children served;~attendance at workshops; circulation ul'DuukBags. Sun•e~•~/Evaluation Form: From workshop attendees (teachers/family members); from. ". staff of participating centers. Reports and general observations by programmers and other library staff; comments, suggestions, etc. from other participants,- Evaluation methods will be conducted by the Youth Services. Librarian with the help of the "Growing Readers" statT Collection of statistics (a hig}rly objective measurement, but meaningful only in terms of short-term results) will indicate whether we have met specific objectives for levels of service, whether provision of service and demand fur service is increasing or decreasing, and so on. These statistics on program presentation/number. of classes/number of children in attendance, circulation. of theme collections; workshops conducted/nttendance, and so on will be collected monthly. 'Surveys acid interviews, both fotTnal and informal, will give more subjective but potentially more valuable and farther-reaching feedback on both long term and shun term success of specific activities and of the program in general. The development of a generation of capable and enthusiastic readers,.the guiding principle of the "Growing Readers" program, is also the least directly measwable. But five and ten years from now we will expect to see the same children we first encountered as preschoolers using the Library both to support. their successful work in school and for their personal information grrd pleasure reading. Twenty years from now they-may be establishing their. own.homes, creating an environment for their own young children in which books and reading arc taken for. granted as essential: 'By planting the early seeds'of]iteracy and providing a climate in which'the literate young child can !]ourish, we are... preparing for the growth of a forest of thriving readers that will slip be growing generations into the, future. ,. , ILE. List other sources of incorne for this project, includirig the~names'of other organizations, both public and private, to which you have applied, or may apply, for support. (Amount requested status /status: pending, approved, disapproved) . The Library's own budget, as funded by Ncw Hanover County, is the other major source~of income for this project. Current funding includes three full time Youth Services positions (the Youth Services Librarian and two. Library l~sscx;iatcs). Several members of the staffs of the Library's branches also include services to young people"as " part of their regular duties, and various otlrcr members of the Library's administrative and Technical, Services staff also provide support for the "Growing,Readers" pro~am. Of the Youth Services Depw-tmcnt's annual materials btidgct ($66,000 for the' 1996-97 fiscal year), we estimate Ihat 25% is spent on"library materials (boots, audiocassettes, etc:) for young children: If another organization•is involved in delivering.the ser-vices described for this project, please provide evidence of their involvement in the prroject. (i:e. a letter of support stating their involvement~in the project-attach'as an addendum). 118 ~ III. . , The Project: Year Two FOR TWO YEAR APPLICANTS Growing Readcis, page 6 Please indicate why this project will continue to require funding for a second year. If the second year builds on the first year's activities, please identify how the project will be expanded or further developed.in the second year. Ifthe second year will be a continuation of the first year, please explain and quantity why the project's objectives cannot be accomplished in one year. {Ttivo acparatc one-year budgcta must be aubmittcd for all projccta ~ceking two year funding.} In "Growing Readers`' w•c arc fostering a lifelong process in which a lout for books and reading continually informs and transforms the reader's capabilities and enthusiasms. Just as the purpose is long-term, the project needs to be sustained over time to achieve the best results. Much oC tlrc activity for tlic second year will be a direct continuation of the first year's structure. The two Program Assistants and the Programmer/Administrative Assistant (positions which began in the initial January-June 1997 grant period) will continue to make monthly visits to as many children as possible in schools and centers. While calendar structuring at this time is not complete, we hope eventually to reach as many as 200 classes and to sustain (or, schedules permitting, increase) this level of service over Utc Grst year's period of this grant. While we may be able to reach some day care homes during that period as well, they arc not our primary focus during the fast 18 months of the "Growing Rcadcrs" project. By adding a fourth Program Assistant during the project's second year, we will focus on e:ctcnding storytimc presentation services and book delivery to a greater number of home daycare providers. With over 100 registered home day care sites in New Hanover County as of November 1996, this is another large area of opportunity for the "Growing Rcadcrs" project. Workshop presentation activity will also continue during the second year. As a higher proportion of teachers and parents have attended basic workshop presc-ntations by this lime, a higher proportion of workshops will focus on specific topics. The Librarian I--Young Children's Specialist position will coordinate these workshops and continue to plan specialized presentations for parents' groups, as well as continuing with the monthly parent's information sheet on reading and language actiyitics in the home. ' 1 1.19 Project Budget Applicant: New Hanover County Public Library Budget: X Year One (FY1997-1998) Project Title: Growing Readers Budget:_ Year Two (FY1998-1999) DESCRIPTION Personnel Total Budget Blended/Lev./In-Kind Smart Start . 1) Salary/Wages/Benefits 6.1;465.91 14,372.80 47,093.11 2) Professional Services 3) Board Member Compensation - 4) Other. ` 15) Total Personnel Costs. - 61,465.91 14,372.80 47,093.11 Supplies and Materials 5) Office Supplies and Materials ~ 300.00 300.00 7) Computer Supplies and Software 8) Janitorial Supplies , ~ 9) EducationaUMedicalSupplies (Medical Texts) ~ 41;200.00 16,500.00 24,700.00 D) Automotive Supplies ` - 1) Other: 22) To1aI Supplies and Materials , -41,500.00 16,500.00 = ~ 25,000.00 Current Obligations ;~ , 3)Travel ~ 6,092.10. 1,102.50 4,989.60 4) Communication (Telephone, Postage, etc.) 1,000.00 . 1,000.00 5) Utilities ; 5) Printing and Binding _ ' 4,000.00' ' '' 4;000.00 7) Repair and Maintenance 9) Computer Services (Accting, Payroll, etc.). ~ ~ 3} Employee Training - ~) Advertising 1) Board Member Expense (Travel, Per Diem) .. , ?) Other. , . , , , 3) Other. 34) Total Current Obligations 11,092.10 1,102.50 ~ 9,989.60 Fixed Charges and Other Expenses i) Office Rent (Land, Buildings, etc.) i) Furniture Rental ') Equipment Rental (Phones, Computer, etc.) 3) Vehicle Rental )) Dues and Subscriptions )) Insurance and Bonds I) Other: 42) Total Fixed Charges & Other Exponsos Capital Outlay ~) Land/Buildings I) Office Furniture/Equipment 1,153.50 1,153.50 ~) Computer Equipment 2,032.45 2,032.45 ~) Vehicles ') Books (Library Reference Materials) }Other: 49) Total Capital Outlay Total Grants and Contracts ' Total Purchase of Services Costs 3,185.95 3,185.95 Total Budg to enditures 117,243.96 31,975.30 85,268.66 1 1 1 1 1 1 _~ Budget Narrative Total Smart Start Requcsf Growing Readers Budget Narrative, Year 1, page 1 S85,268.66 Personnel Request for this cate~ory $47,093.11 Sal arv/WagesBenefits This line item allows for the following staff-mg: 1 Young Children'aSpccialist, Librarinn I level, to begin work in September 1997 (25 hours perveek materials development, workshop presentation, outreach to parents) 2S hours per week x 4 ~ weeks r $12.03 per hour = 12,631.50 FICA (7.65"/°) 966.3 I l Programmer/Administrative Assistant, Library Associate level (2U hours per weak programming + 5 hours clerical support) 25 hours per week x ~0 weeks x $10.46 per hour = 13,075.00 FICA (7.65 %) 1,000.24 2 Program Assistants (20 hours per weekprogrammine & materials delivery) 2 x 2U hours per week x 50 weeks x $ 9.02 prr hour = 18,040.00 FICA (7.65 %) 1,380.06 The Program Assistants and the Programmer/Administrative Assistant are already at work under the initial Growing Readers grant (January-June 1997). The Young Children's Specialist position adds more concentration on outreach to parents, development of bibliographies, book lists, and other publications, and presentation of workshops. Supplies and Materials .Request for this cate~rv $25,000.00 Ollice Supplies and Materials 300.00 (General-purpose olrec supplies -- pens, folders, etc.) 121 Growing Readers Budget Narrative, Year 1, page 2 Cducalional Sunnlics 24,700.00 Included in this category arc books and related material for a variety of differcnl .uses. Thc following arc general cslimates by specific calcgorics: _ BookBags -- ~0 additional theme bag collections, each containing 10 to 12 books and related theme materials, at an cstimatcd cost of $170.00 per collection. • ~ •8,500.00 Programming Resources --.Children's books for tlrc"programming collection: new books, or duplicate topics oC.old hooks, especially suitable for preschool programming.. An cstimatcd 1 UO books at about ~ 12.00 per book. , 1,200.00 ~ • Olhcr programming resources -- audiotapcs, flannel board~ma(crial, puppets, etc. Additional material to build on the initial collection. .1,000.00• : " Tcacher's/Parent's resource books -- new titles and replacements for IosUdamaged books, etc. (An cstimatcd 60 books at about-$16.60 per book.. 1,000.00 General circulating materials -- Books scicctcd to rnect the needs of young children ages 0-5, especially (host targeting preschool cumculum and other early educational needs. During this,ycar we will concentrate on adding e~-tra topics of scasonnl material -- books ticd~lo specific holidays and to topics teachers want only at a specific time of year (penguins in January, wind in March, and.so on). Thcsc books will be cataloged and place in the Library's circulating collection, where they will be available both to teachers for curriculum- related subject requests and to individual parents for use in the home. We will also add copies of specific books recommended in the monthly parents' information sheets. An cstimatcd 1000 books at an average cost of about $10 per book.. l p,000.U0 ('rcx;essink 5upplics -- hook jackets, labels, barcodcs, etc. for physical processing of books; canvas bags for the DuokL3ag a~llccliuns. 3,000.00 122 ;~ ~ ~ .. .. Growing Readers Budget Narrative, Year 1, page 3 Current Ut~li atg runs bequest for this category $9,989.60 Travel ` ~' Estimated at 2~ miles per day ~ 4 "road" days per week x 3 programmers x SU weeks = l ~,UUU miles x $0.3 l 5 pc:r mile 4,725.00 ~~ Estimated at 2U miles per week x 1 Young Children's Specialist x 42 weeks = 840 miles x $0.31 ~ per mile 264.60 Communication Telephone -- install new line for "Grooving Readers" project ($100.00) plus monthly eharge (line & voice mail) (12 r $2~) 400.00 1'ostaFe -- 600.00 f rintin~ and Binding - [stimatcs far printing costs include letterhead and envelopes, parents' information packets un using the Library, monthly parents' flyers on reading in the home;, bibliographies, workshop male:rials, etc. 4,000.00 Capital Uullay Request for this cateeorv $3,185.95 Olrce: (:urniture/Equipment ~` 4 flat-shell'librarv shelvin carts n.175.95 703.80. g Because we are extremely short of work,'storagc space for stall, extra shelving carts will provide a movable option to at least lessen some of the space dillicullies. 6 units, open steel shelving n 74.95 449.70 These shelving units, to be placed in the Library basement, will allow for astorage/ staging area for BookBag collections under development or currently not in use. i~ Comnutcr F..quipment At current state contract cost, this allows the purchase of an IBM 300/Pentium ' 100/16 Meg RAM/l.2 Gig hard drive, plus EtherNet card, monitor, and Microsoft Office software. "this a~ee~ with the current New Hanover County MIS Department's purchasing specifications. The a>mpute:r would he used 1'or scheduling, program planning, corres~undence, inlormatio .~ ~~23 ~~ Growing Readers Budget Narrative, Year 1, page 4 gathering through the Library's catalog, CD-RUM reference sources, and the Internet, etc. for the program. This adds a movable PC workstation to the project (the Library alrcac~v owns a rolling PC cart), primarily for the use of the Young Children's Specialist in preparing flyers, information sheets, and other pubiications; the movable workstation is an attempt to ameliorate the Library's lack of desk/work space. . , 2,032.45 X24 e Growing Readers Budget Narrative, Year 1, page S Total for Blcnd./Lev.lIn-KinJ 531,975.30 ~. ~ Personnel- Amount fir this categvrv $14,372.80 Salar~'/Wagcs/Benct its ti _~ This line includes salary figures fir current Youth Services Department statT': Youth Scrv+ices Librarian (estimated average of 8 hours per week) 8 hours per week x S2 weeks x $18.08 per hour = 7,521.28 ~, Youth Services Library Assoc;iatcs (serving appro~mately SO childcare center classes on site and about 40 classes at Library locations during the school year) 12 hours per week x S2 weeks x $1 U.98 per hour = 6,851.52 Supplies and Materials Amount for this cateeorv $16.500.00 _ ~ f:ducationnl/Medical Supplies , Included in this category is a propurtion of the Youth Services Department's'library materials budget . fir the fiscal year, estimating from the Department's fiscal `96-'97 budget of $66,000.00, and a proportion of about 2S% of that budget's being allocated to books, audiotapes, and other library material appropriate to the cumculum and pleasure reading needs of children ages 0-S and heir teachers, parents, and caregivers. At an . estimated cost of $ IU per item, this amount reflects about 1,650 new hems added to the Library's circulating ~f collccticm bctwce-n .luly I , 1997 and June 30, 1998. . _ 16,SOU.UU '~" Current Ohli ~alicros amount for this cateeorv $ l , l OZ.SO 'I'r•.rvcl Estimated at 2S miles per day x 4 "road" days per week z 1 Library Associate x 3S weeks = 3,500 miles x $0.31 S per mile I ,102.50 '~ t ::~ ~ 12 5 Applicant: New Hanover 1 Project Title: Growing Rea DESCRIPTION Personnel j14) Other: ~~/ ~ owr rersonnet costs Supplies and Materials 16) Office Supplies and Materials 17) Computer Supplies and Software 1'8) Janitorial Supplies 19) EducationaVMedical Supplies (Medical Texts) 20) Automotive Supplies 21 j Other: 22) Total Supplies and Materials Current Obligations ?3) Travel ?4) Communication (Telephone, Postage, etc.) ?5) Utilities !6). Printing and Binding .._ !7) Repair and Maintenance !8) Computer Services. (Accling, Payroll, etc.)' 9) Employee Training ~O) Advertising !1) Board Member Expense (Travel, Per Diem) 2) Other. , ~ 3) Other: 34) Total Current Obligations ~I Fixed Charges and Other Exponsos i) Office Rent (Land, Buildings, etc.) i) Furniture Rental ~) Equipment Rental (Phones, Computer, etc.) 1) Vehicle Rental -) Dues and Subscriptions ~) Insurance and Bonds j) Other: j 42) Total Fixed Charges & Other Expens Capital Outlay ~) Land/Buildings Office Furniture/Equipment 1 Computer Equipment i Vehicles j Books (Library Reference Materials) Other: 49) Total Capital Outlay Total Grants and Contracts (Total Purchase of Services Costs (Total Budgete itures Project Budget ~ Library Budget:_ Year One (FY1997-1998) Budget: X Year Two (FY1998-1999) Total Budget Blended/Lev./ln-Kind Smart Start .75,450.93 14,728.48 60,722.45 ~~ 75,450.93 14,728.48 60,722.45 300.00 r 300.00 _43,200.00 16,500:00 '~ 26,700.00 l~ 43,500.00 16,500.00. 27,000.00 8,390:40 9,120.00 7,270.40 1,000.00 1, 000.00 4,000.00 4,000.00 - _ • ~ _ e~ ' 13,390.40 1,120.00 12,270:40 os 132,341.33 32,348.48 99,992.85 ~~ '~~ Growing Readers Budget Narrative, Year 2, page 3 Current Uhligations Request for this cateeorv $12.270.40 T l rave ~ Estimated at 2~ miles per day x ~1 "road" days per week x 3 programmers x 50 week . = 15,000 miles ~ $U.32 per mile 4,800.00 ~, Estimated at 40 miles per day x 4 "road" days per week•x 1 programmer x 42 weeks (added service to home day caces) 40 1 X0 2 il = 6 ile ' . , e ,720 m s x $0.32 per m - Estimated at 20 miles per week x 1 Young Children's Specialist x 50 week = 1000 milesx $0.32 per mile 320.00 Communication Telephone -- monthly charge (line & voice mail, 12 x $2~) 300.00 ~` Postage -- (including estima(ed increase to $0.35 rate) 700,00 ~' Printing and Binding ' information Estimates lirr rintin costs include letterhead and envclo es, arents P g P P ~' packets on uving the Library, monthly parents' flyers on reading in the home, bibliographies, . . workshop materials, etc. 4,000.00 . ~' ~~ • ~' . ~ 1 27 • • Growing Rcadcrs Budget Narrative, Ycar 2, page 4 Total far Blend./L,c~•./In-Kind 532,318.-18 ('ersunncl Amc~unl liar this eatceorv $14 728.48 Salan•/Wagcti/E3enetits This line includes salary figures far currant .Youth Services DepartmcntstaQ allowing fora 2.~°/n market adjustment: Youth Services Librarian (estimated average of 8 hours per wceh): 8 huun per wcck x 52 weeks x $18.53 per hour = 7,708.48 Youth Scn•iccs Library Assex;iatcs (scrti'ing appro~imatcly ~0 childcare center classes on site and about 40 classes at Library loe;atians during the schaol year) , 12 hours per wcck ~ 52 weeks ~ $ 11.2 per hour = 7,020,00 Sunnlics and Malcri~ls Amount for this catceorv' $16 X00.00 • Educational/Mcdical Supplies ~ . , Included in ibis calcgorv is a proportion ol'thc Youth,Scrviccs Dcpartmcnt~s Library materials budgcl l'or the fiscal year, cstimatin¢ from the Dcpartrncnt'~ fiscal '96-`'97 budgcl oC$G6,000.00, and a proportion of about 25"/0 oCthel budget's being allocatcdlo books, audiolapcs;:and other library• matcrinl appropriate to the curriculum and plwsurc reading needs of childreripgcs 0-~ and.thcir teachers, parents, and caregivers. At an estimated cost aC$ I I per item, this amount rcllccts about 1.00 new items added to the Library's circulating arllcctian between .tuly I , 1998 and .tune 30, 1999. 16,SOU.UO Current Uhlis?alians Travel Amount for• this calceorv $1.120.00 Estimated al 25 miles per day x 4 "road" days per week :~ 1 Library Associate ~ 35 weeks = 3,00 miles x $0.32 pcrmilc 1,120.00 128 v REQUEST FOR BOARD ACTION ,: Meeting Date: 04/07/97 [regular Item #: Consent Item #: 5 Additional Item #: Department: WASTEC Facility Presenter: Page Count In Agenda Package: Contact: Amy Akin SUBJECT: Award of bid # 97-0333 and approval of contract # 97-0333 for a crane bucket for the WASTEC Facility of the Environmental Management Dept. BRIEF SUMMARY: Attached is a resolution recommending award of bid # 97-0333 for a crane bucket to Anvil Attachments a . Division of D&S Manufacturing Co, Inc. Their bid was determined to be the lowest responsive bid. T'he bid price fi•om Pro-Line was lower but their proposal was deficient in several areas and therefore staff has determined that the bid is nonresponsive. Included as part of this bid package is a memo from Ray Church itemizing the deficiencies ofPro-Line's bid. Tlie purchase of the crane bucket is an .item that was approved in the current budget to replace the existing bucket being used. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of attached resolution awarding bid # 97-0333 and approving contract # 97-0333 ~' to Anvil Attachments a Division of D&S Manufacturing Co., Inc., the lowest responsive bidder, in the amount of $26,710.00. ~~ I~~UiVUI[V(~ SyUIZC;L: Federal $: State $: County $: 2G,710 User Fccs $:. Other $: Money Is In Current Budget: Yes New Appropriation Request: No Budget Amendment Prepared: No LGL: ~ FIN: BUD: AI'P CGRIFFIN I-IR: ~ ` COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Concur with recommendation above. ~ ~ ,,,~ ~ ~~R®~~~ c ,L ~.EJECTE® ` ~EMOVE~ ~ ' ,~~ ~®STP~~~ : ~ ~ 129 ®AT~ ~~ ~ ;:,;:yr~J Refer to Office Vision Bulletin Board for Disposition ~" 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 11:30 a.m.,.on the 251h day of March, 1997, at the,County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a crane bucket for the WASTEC Facility, of the Environmental Management Department, Bid # 97-0333: Pro-Lint Machine Repair.. - $23 450.00 Anvil Attachments a Division of D&S Manufacturing Co:, Inc. $26,710.00 Mack Manufacluring, Inc. $26,995.00. Hawco Manufacluring Company $30,800,00 AND WHEREAS, the proposal from Pro-Line Machinc,Rcpair was deficient in several areas and therefore the staff dctcrn~incd that the bid was nonresponsive and would not be considered; AND WHEREAS, the proposal from the next lowcsl bidder, Anvil Attachmcnls a Division of D&S Manufacturing Co., Inc., mcl all the bid requirements and was determined by staff to be the lowcsl".bidder submitting a responsive bid proposal; "~ AND WHEREAS, the Environmental Ivlanagcmciaf Director, flit Finance Director and the County Manager recommend that the contract be awarded to Anvil Attachmcnls a Division of D&S Manufacturing Co., Inc., the lowcsl responsible bidder, in the amorinl of Twcnly-six Thousand Scvcn Hundred Tcn Dollars ($20,710.00); AND WHEREAS, funds I~avc been previously appropriated and arc now in Account No. 700-485-4193-6400 to cover ibis contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Conunissioners of Ncw Hanover County. Thal the contract for a crane bucket for the-WASTEC~Facility of the Environmental Management Department, Bid # 97-0333 be awardcd~to Anvil Attachmcnls a Division of D&S Manufacluring Co., Inc. in the amount oC Twcnly-six Thousand Scvcn Hundred Tcn Dollars ($26,71 O.UO); and that the County is hereby authorized and directed to execute the contract, contractform to be approved by the County Attorney. This 7th day of April, 1997. (SEAL) - ~ [J Chairman, Board of County Commissioners r~ ~ ~~~ ,~ G r ,u ,~. ATTEST: ~ rt ~~,~ ~, r ~~ V ~c Board .~ ~ ~ ,\, ~~ C r~ Cy~ ~ / w °r. NEW HANOVER COUNTY INTER-OFFICE ::::. ;»::»~:>:i::; ;.<'.; ......:v ..4.......:.:....~::.; ~.:.....:.. ?S2t .>• a\•:w 1VIEM0 ~~! :~'~ March 26, 1997 TO: ~ AMY AKIN FROM: RAY CHURCH ~ ~ ~ 2,, ~: ~ CRANE BUCKET BID #97-0333 After reviewing the bids submitted for a WASTEC crane bucket, we recommend the bid be awarded to Anvil Attachments, Division of D&S Manufacturing. Even though Pro-Line _ Machine Repair submitted the lowest price, their proposal was deficient in the following areas: °- 1. The required copy of their warranty was not submitted. 2. Rather than referencing the tensile strength of the steels to be used, they referenced the yield strength. These are two different steel tests and raises concerns regarding materials used in manufacturing. 3. The steel used in the rollers •~is not mentioned, raising concerns that our ~. specifications will be met. 4. The required references were to be similar to our bid in scope of the project. The reference in Tennessee used Pro-Line for rebuilds only. The other company, in Hawaii, had purchased from Pro-Line several years back. ~, Additionally, Pro-Line delivery is 120 days delivery leadtime, while Anvil Attachments delivery is 40 days. The relatively short delivery time frame is much more suitable for WASTEC's needs. ~- . cc: John Hubbard Teresa Horsboll ~~' 131 . .: DRAW New Hanover County Contract # 97 - 0333 , NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 1997, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and ANVIL ATTACHMENTS a division of D&S : ~ MANUFACTURING CO, INC., a foreign corporation organized under- the .laws of, the State of Wisconsin, hereinafter referred to as "Vendor". WITNESSE,TH: . WHEREAS, 'C'ounty ~ advertised for 'bids for a crane ~ bucket for the WASTEC Facility, Bid # 97-0333, and bids were received and opened: as required by .law; and ~ ~ . WHEREAS, after careful consideration of tfie bid proposal ;submitted by a Vendor, the Board of Commissioners of New Hanover County has adopted a resolution °. authorizing, fihe acceptance of such ,bid proposal -and the execution of a contract with Vendor covering the purchase grid delivery ~of crane bucket, according to Vendor's Bid Proposal No. 97032102. ~ ~ ~ ~ ~ ~- NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, said parties covenant and agree as follows: 1. Exhibits to Contract. The Bid Package, which includes . County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; and Vendor's Bid Proposal, marked Exhibit B; are attached hereto and made a part of this contract as though fully written herein. 2. Risk' of Loss. Risk of loss to County for the goods purchased shall 132 1 remain with Vendor until the goods are delivered to County F.O.B. ,Wilmington, North Carolina at the address specified on the purchase order. ~~ 3, Delivery. Vendor shall deliver and install all goods purchased by ' County within forty (40) consecutive calendar days after receipt of order. ~ 4. Purchase Price. The total purchase price for. said goods in the sum of Twenty-Six Thousand Seven Hundred Ten ($26,710.00) Dollars shall be paid within. thirty (30) days after receipt of the goods, their installation, their acceptance by County and receipt of invoice. ~~` 5.. Indemnity. Vendor shall indemnify and. hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be `~. performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor, his agents, employees and subcontractors. 6. Contractor's Warranties. Vendor makes the following warranties ., .concerning the materials, equipment and work furnished pursuant to this contract. 6.1. Warranty of Title. Vendor warrants that title to all work, materials and equipment covered~by a request for payment, whether incorporated in the project or ~,, not, will have passed to County prior to the submission of the request for payment; free and clear of all liens, .claims, security interests and encumbrances. ~- 6.2. .Warranty of Materials and Equipment. Vendor warrants to Count y that all materials and equipment,furnished under this contract will be new unless otherwise specified, will be of good quality and free from faults and defects, and will. conform with the contract documents. Vendor warrants all such materials and equipment for a period of one (1) year from. the date of County's first beneficial use of same. 2 133 t 6.3:' ~ Correction of Defects. Countshalt ive Vendor yeas y g onably prompt written notice of all observable defects. If Vendor failsto perform corrective work within ~ ~ j three (3) days after receipt of notice, County may perform such work and charge Vendor for the costs thereby incurred:# - ~ ~ ' ~~ 7: Default and Termination: If Vendor materially breaches any one of the terms or conditions. contained in this contract, County-mayterminate this contract forthwith. Upon termination,. County may, without~prejudice to an~ action for~damages or any other remedy, enter into another contract for the completion of this contract: '' County may deduct all costs of~eompleting.the contract from any moriies due or which may become due to Vendor. - . ~ ~ . ~ - . •~ 8. Non-Waiver of Rights. It. is agreed than County's failure to insist upon the strict performance of any provision of this contract or to exercise any right based ' upon a:breach thereof, or the acceptance of any performance during such breach; sha11 not constitute a waiver of any rights--under this contract. 9. Subcontractors; Vendor shall befully-responsible for all negligent acts and omissions of his or fier subcontractors and of persons and organizations employed by them to the same extent that Vendor would be responsible .for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having'a direct ' contract with Vendor, nor shall it create any obligation on the part of Courify to pay any- money due any such subcontractor'or other person. or organization, except as may otherwise be required by law. ~ ~ - 10. Assignment. The parties mutually agree~that this contract is not assignable and shai'I not be~ assigned by either party without the written consent ~of the other party and the surety to thus contract: 11. Non'-Discrimination. Vendor will take affirmative action not to 134 3 discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this ,~, contract because of age, race, creed, color, sex, age, disability or national origin. To the extent applicable, Vendor will comply with all provisions of Executive Order No. 11246, the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P. L. 90-284), and all ~~ applicable Federal, State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and ~~, 'may result, at County's option, in a termination or suspension of this agreement in _ whole or in part. 12. Familiarity with Laws. The Vendor specifically acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, subcontractors and suppliers will, at all times, comply with same. If the Vendor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice.thereof to the County in writing, identifying any items of work affected, and he shall not proceed until fie has received written direction from the County with respect to these items. If .the Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which area consequence of such performance. 13. Notices. All notices required hereunder to be sent to either party shall be sent to the follbwing designated addresses, or to such other address or t 4 135 1 addresses as may hereafter be designated by either party by mailing of written notice of such-change of address, by Registered Mail, Return Receipt Requested: ~ ~ j To County:. ~ - ~J - New Hanover: County Environmental Management - Attention: Ray Church, Director 3002 US Highway 421 North - . Wilmington, NC 28403 To Vendor: Anvil Attachments Attention: William Kroseberg , - ~ - 111 McKinley Street Black River Falls, WI 54615 19. Independent Contractor. It is mutually understood and agreed that Contractor "is an independent contractor aril not an agent- of -County,. and as such, Contractor;. his or -her agents and employees shall not' be entitled~~ to any County - employment benefits, such as, -but not limited to, vacation, sick leave, insurance, - worker's compensation, or pension or retirement benefits. 20. ~ Interpretation: All of the terms' and conditions contained in the- , contract-documents shall be interpreted in accordance with-the taws of the State of North Carolina. 21. Entire. Understanding. This contract constitutes the entire understanding' of the parties and contains all of the terms agreed "upon with respect to the subject " matter hereof..- No modification~or rescission of this contract shal(be effective unless evidenced by a signed writing.' - IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. 136 5 f A 1 1 1 1 r [SEAL] ATTEST: Clerk to the Board NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners ANVIL ATTACHMENTS a division of D&S Manufacturing Co, Inc. [CORPORATE SEAL] President ATTEST: Secretary 1 :A 1 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and 137 attested by herself.as its Clerk. WITNESS my hand and official-seal, :this day of 1997. Notary Public My commission expires: STATE OF COUNTY OF I, ~ _, a. Notary Public of the State and County aforesaid, certify that ~~ ~ ~ . ~ ~ personally came before me this day and acknowledged that (s)he is Secretary of.ANVIL ATTACHMENTS, a divison of D&S Manufacturing Co., Inc., a foreign corporation, organized under the laws of the State of Wisconsin and that by authority duly given and as the act of the corporation, the foregoing instrument was signed , m its name by its President, ~, sealed with`its official .seal and attested by himself/herself as its Secretary. ~ ~ , . WITNESS my hand and official seal, this day of , 1997. My commission expires: Notary. Public - 138 t 1 -.~ REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Zegular Item #: Consent Item #: 6 Additional Item #: department: County Manager Presenter: 'age Count In Agenda Package: Contact: Andy Atkinson SUBJECT: 206 Marstellar Street BRIEF SUMMARY: •~ 206 Marstellar Street has -been identified by the WHFD for construction of an owner-occupied, single-family residence. _, .~r .. RECOMMENDED MOTION AND REOUI~'STI~'n ACTIONS• Adopt the attached resolution authorizing the conveyance of o~tr intere st in this jointly-owned lotto the City of Wilmington ~•~- ~` ~~ Otltcr $: Ncw Appropriation Rcqucst: REVIEWED BY• LGL: FIN: BUD: I-IR• COUNTY MANAGER'S COMMT;NTS AND RT;COMMF,NI)ATIONS: ,~- Concur with .recommendation above. ~ ~ .: ~`. APR®VE6 ~~;~ , 1R:EJECTEC '~• ~,EMOVE® t~x ~ . .: , PCSTPONOc ~' / Rclcr to Ollice Vision Ilullctin Board for Disposition ' }.. ,. ., { ~ . YJ U .,Y~ ,~^jt CITY of 1/1/ILMINGTON~ ~. ~ ~. ~ ~!' A ~ , ~}c' North Carolina 1739 ` ' ~ P.O. BOX ' 1 81'O ~ ~ ADMINISTRATIVE SERVICES ~ TDO (910) 341-7813 , 28'42 ~ (910) 341-7830 Mar ch 24, 1997 Mr. Allen O'Neal, County Manager New Hanover County ~`( 320 Chestnut Street ~' Wilmington, N. C. 28401 Dear Mr. O'Neal: The attached resolution requests the County Conunission to authorize the.conveyance of its ' interest in jointly-owned lots to the City of Wilmington. The lot listed in the resolution has been LJ identified by the Wilmington Housing_Finance and Development; Inc. (WHFD) for construction of ~` an owner-occupied, single-family.residcnce. . ,~~ Please place this item on the County Commission Agenda for April 7, 1997. -~ Passage of the attached resolution is recommended. SDB:sws Attachment ~~ ,., .. ~_. ~ 'lf'~r`4% ~~` (Ut_~}~` F it t F ql+ - 140 . ,~ ,~~ ~. j ~ `. ` 1 Respcctfiilly submitted, Stcvcn D. Bridges Purchasing Agent ~' l_./ i 1 1 1 1 1 1 i f A 1 1 t 1 1 1 1 f 1 INTRODUCED BY: Allen O'Neal, County Manager DATE: Apri17, 1997 RESOLUTION AUTHORIZING CONVEYANCE OF LOTS TO THE WILMINGTON ` HOUSING FINANCE AND DEVELOPMENT, INC. (VVHFD) RESOLVED: In accordance with the real property policy adopted by City Council and the County Commission, the following lots have been identified by Wilmington Housing Finance and Development, Inc. (VVHFD) as suitable for construction of owner-occupied, single-family residences. In accordance with the policy, WHFD must construct or move existing owner-occupied single ' family residences onto the lots within 18 months. The Wilmington City Council will be requested to convey its interest in the lots at its April 1, 1997 meeting. , NOW, THEREFORE, BE IT RESOLVED: That the County Commission authorizes the conveyance of the .below indicated parcels to.WHFD. Parcel Number Address Lot Dimensions Tax. Value 054-13-033-020.000 206 Marstellar Street 75' x 80' $575.00 BE IT FURTHER RESOLVED: That this action is contingent upon approval by the Wilmington City Council. Adopted at a regular meeting on , 19 ATTEST: New Hanover County Board of Commissioners Clerk to the Board Chairman 141 .~ o g ~ 1 1 n ~ I .Y I v ~= I ~`=±'° n!Y:~)aO •: 'at a »N )) t _ o W ff ~ N o co ~ ~ ~ i ~^ i 7 i, ~ n ~ = Q'l)L~ )O , ~ ' a ° `I h N ° ~ - ~ I ~ 1 710 - •0 ~'~•r ) t -, ~, W ( 1 `,~1 ` ~ 0 1 N - N rf Y ~ i as ~( 1r to )a 1 to W + 1 1 ~tl 1 - I )) as I ~ ~l.-ft . 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I 1 1 I In. 1 I 1 ; ~~--77 I , 1 t~_~, 1 - I I I ~ I I I I .. 1 ~ I Pp ,~ ~ I I ~ 1 =1 ~ I 1 ~ ~ I ~~ I 1 ~ I ~1 1 „l I ° mom: R^~ ,n;ll ~ ~ I jw ~~' ~ I ~V1 I - 11 ~ 1 11 i I ~,}~~~4 '1 ~ ~ -i ~ , -I 1 ~ I- 1 ~ 1 1 11 i 1 1 I t+ I I, ~ LLL~~~ 1 I 1 1 !ll~~~ 91-CC ~Y11 ~ - : ~ ^ I 1 1. 1 I 1 1 1 1 1 I 1 1 i i 1 REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 tegular'Item #: Consent Item #: 7 Additional Item #: department: Finance ~ Presenter: 'age Count In Agenda Package: Contact: Allen O'Neal SUBJECT: 800MHz from the March 10th meeting BRIEF SUMMARY: This item was delayed from your March 10, 1997 meeting. Dan Summers recently made a presentation to you on the County's communication system. RECOMMENDED MOTION AND RF,QUESTED ACTIONS• I~'UNDiNG SOURCF• ~ - Fcdcral $: Statc $: County $: Uscr Fccs $: Othcr $: Money. Is In Current Budget: Ncw Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: I-IR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Please see the attachment from the March 10, 1997 meeting. Recommend adoption of resolution awarding bid to Motorola, Inc. ~1nd approving contract draft #97-0205. ..F,~,,,~.,„e,-~...~ ~~ ~ ,~ , ~,PPR®~~ ~ ti: ;~ t~.EJECTE~ "' ~ 4 3 ~?ElNOVE~ !~ POSTP®Nlc Refer to Office Vision 13ulictin hoard for Disrosiiion REQUEST' FOR BOARD ACTION Meeting Date: 03/TO/97 Regular Item r: Consent Item ~: 7 ~ ~ Additional Item ~: Department: Finance Presenter: Page Count InAgenda Package: Contact: Amy Akin ~ - SUBJECT: Award of bid r 97-020 and approval of contract ~ 97-020 for the purchase of radio equipment and related options and/or accessories. BRIEF SUMMARY: At the Board of Commissioners meeting on January 21, 1997, the existing rental contract with Motorola, Inc. for the 800 MHz tn.ulking system was renewed for another two yeah: In order to be able to order radio equipment as needed for the various departments, a formal bid was established setting up a term contract to allow the County to purchase radio equipment for the next two years at a fixed percentage off the manufacturer's list price. It was a requirement of the bid that the equipment must be compatible with, the existing system being used. Only one bid was received. Attached is a resolution awarding bid to Motorola, Inc. and approving draft contract r 97-0205. There is not a specific amount for this contract. This is to be used to purcha<e radio equipment as needed after all appropriate budget approvals are secured. Due to the voluminous size of the bid document a copy may be reviewed in the County Manager's office. RECO, , itBED ;~'IOTION AtiD REQUESTED .ACTIONS: Recommend adoption of resolution awarding bid to Motorola, Inc. and approving contract draft Y 97-020. I ~I IS ITt=11~ ~~~5 ~~ I F ~ CAN J~/a~~~ .Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: Yes_ New Appropriation Request: No . Budget Amendment Prepared: ,10 LGL: APP WCOPLEY FIN:APP BSHELL BUD:APP CGRIFFIi`1 HR: N/A AIvIALLETT LINTY i~7'ANA ER' i\T, ~iT ADD ~1NIE\~.~,TI :~ Recommend approval as above. ~ ~ • '~~"~ ~~~ '"~'~ `~' ~ r U J7-~ ~C ~ ~ ~ ~~~m~ i,~ ~~ 144 ~ f ~ ?Mlt ~~ ~ APPROS~ ~ ~ ~- ~ ~~~~~~ - . , s - -~E~>=c r~ , 8 5 ,. ~ . , Rcfcr to Office Vision Bultc;in 9oud for Disposi;ion DATA ~_ .. _G~- i 1 ~~l 1 1. t r t i 1 1 1 1 i ~~ ~. ~: RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m., on the 14th day of February, 1997, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for radio equipment and accessories and/or options, Bid # 97-0205: 13id~ler E~icipment % Discotuit off Mfg. Price List Motorola, Inc. Portables and Options 15% Accessories for Portables 0% Mobiles and Options 15% Accessories for Mobiles 0% Control Stations and Options 15% Accessories for Control Stations 0% Management System and Options 15% Accessories for Management Systems - 0% Repeater and Options 10% Accessories for Repeater 0% Keyloader and Options 10% Mobile Data Terminal System, Options, Per State Contract and Accessories Pricing AND WHEREAS, the Emergency Management Director, the Finance Director and the County Manager recommend that the contract be awarded to Motorola, Inc., the only responsible bidder, at the discounts off manufacturer's price list as quoted in the proposal; AND WHEREAS, all purchases will go through normal County budgetary approval and appropriation procedures fpr any purchases from this contract; 145 NOW, THEREFORE, BE IT RESOLVED by the Board of.County Commissioners of New Hanover County that the contract for a radio equipment; option`s and/or accessories, Bid # 97=0205 be awarded to Motorola, Inc. at the discounts off manufacturer's price list as quoted in the proposal; and that the County is hereby authorized and directed to~execute the contract, contract form to be approved by the County Attorney. 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'.'1'• .. . 147 SOOmhz Radio System Agenda Background and History. • Technology and Theory. • ~ Communications Improvement Plan. • Current Project Status and Future Action. • Questions and Closing Remarks. 800mhz Background.. • Since Hurricane Diana in 1984 New Hanover County has recognized the need to improve 2-way radio systems for major events and expansion. • This need has been echoed on many events. _ -Subsequent Hurricanes -Large Fires and Hazardous Mater7als Events. - Large Crowd Events and DAILY USE... 148 ,i 800mhz Background.. vv~: - Major Interruption or failure during critical times. Competing vendor sought our help during the humcanes. - Limited Expansion. No Commonality - NO Common Equipment. - Dangerous Interference. -Lack of EOC coordination. -Lack ofinter-agency capability. - Engineering's need for voice and telemetry. 800mhz Background. • Late 1980's County Commissioners established a Communications Improvement Task Force. • Task Force work for over four years. • Task Force quickly realized the complication of the issue. • Meanwhile technology was improving to meet identical needs similar to New Hanover County. 149 1 800mhzTechnology. . Our Needs - Expansion - Interoperability - Reliable - Data Concepts - Multi-agency disaster - use with daily private use. - • Technology Developments..... . - Trunldng Concept - 800mhz Radio Band -. National Standards. 2 Primary Firms Development. Motorola and Ericcson. 800mhz Technology and Theory. • Trunking Radio: A radio system in which users communicate via multiple communication paths much like your phone call works through the central phone office. • Highly efficient. . Allows for expansion and inter and intra agency- communications-while maintaining agency privacy. - - 3 i~ "r is"t> 80Omhz Technology. • It WORKED.... tested by two humcanes. • Spectrum: The very limited resource found in nature which allows the various radio frequency bands. • Example: 103mhz FM for Commercial Broadcast. Various. frequencies for public safety are very limited. 800mhz allows for more radios to work on narrow frequencies. 800mhz Communications Improvement Plan. • Radio Communications Task Force began to delegate it's work to the Fire Service Subcommittee who had available funds. • Fire Service made commitment to invest in basic system technology that all could share. • Sites and programs were researched in 4 States. • Consultant evaluation and State Guidance. 151 1 ?~ 800mhz Improvement Plan. • -Years of Research: - Two vendor's -Two non-compatible software platforms. Vendor's forced a choice. - Technical Service was more important than bottom dollar. . - Compatibility with State and other localities was more critical than ever before for mutual aid purposes. 8OOmhz Improvement Plan Research Continued: - Over 23 N.C... State and Local government agencies and utilities were going with Motorola. - Only two known with the other. brand. - ,State and Local Governments now had more bargaining power and the begirmings of a State Wide Communications Network. - All networks to tie together for Law Enforcement, Fire, EM, EMS and Data. ~~ 152 improvement Plan. • Research Continued: -Motorola could meet all 911performance requirements and rental programs were already in place. - Communications Plan approved by Commission explains pro's & con's. - Good decision: To be compliant with national standards which Motorola could provide. 800mhz Technology . • Features and Safety Features which were never available before. • Officer Down or distress button. • Commercial Telephone capabilities. • Secure voice. • Multigroup talk. • Emergency Call and A11 CaII. 153 800mhz Current Status and Future Action. • Conscious decision to rent versus purchase at this time. • ~W~-IY: - Quickly implement a the weak County Fire Radio System. - Preserve Capital to prove worth and performance. - Remain current in the event of changing technology. Current Status and Future Action. • WHY: continued -Ensure ease of transition with 911 systems - Ensure technical and factory support. • Renting the following: -Fire Service Mobile and Portables - Tower Transmitter Equipment - Associated but separate azrangement for 911 equipment 154 J 800mhz Current Status .and Future Action . -WHY RENTAL PROGRAM E~~'I'ENDED: - Hurricane operations did not allow time to prepared bid as the rental contract terminated. -Rental Extension cost primarily related to maintenance cost. Over $100,000 less annually than initial rental period. - Corporate Rental program allows for acquisition flexibility. 800mhz Current Status • Rental funds as Equity was not lost! • We can terminate and bid .the system in place at anytime. Motorola tells us they would sell at a nominal cost. Maintenance would then be budgeted separately. • We DO NOT want to change system designs which could dangerously affect 911 operations. 155 i. 800mhz Action Plan. • Understand sole source procurement and provision within State Law. • The fact that we need other agencies to migrate to 800mhz as a coordinated communications system and improved public safety service. ' • Reinforces our need.to have an established purchase contract to make full use of current investment. 800mhz Future Action. • Sheriff s G-rant Application to Crime Control .and- Public. Safety ,is for mobile radios and portable units and to expand on the current 800mhz Motorola System. No provision has been made for separate towers, transmitters, repeaters, etc... Sheriff's grant includes municipalities who have indicated the Motorola system due to other related governmental agencies having 156 9 800mhz Future Actions. • Operational Control and growth managed by a County Commission approved System Management Committee with Sheriff as Co- Chair. • Allowing the proposed purchase contract to be awarded will be a cost savings in time versus individual bids for each radio purchase. This will not open the gates of random radio purchase. Closing Remarks and Questions. • Be Cautious about vendor remarks. Electronics is very competitive. Public Safety applications are not typical off-the- shelfradio purchases. • Wireless Communications as a management program is best managed where it's services are the most critical. • Thank you. 157 ;~' ' This page intentionally left blank 15~ 1 ~~; 1 ,~f ~~i s ~~ REQUEST FOR BOARD ACTION Meeting Date: 04/07/97 Regular Item #: Consent Item #: 8 Additional Item #: Department: Human Resources Presenter: Andre' R. Mallette Page Count In Agenda Package: Contact: Andre' R. Mallette SUB.II•;CT: Support of Legislation that would enable Local Governments to pay a portion of the Employee's Contribution to the Retirement System BRII'JF SUMMARY: At the request of the Buncombe County Board of Commissioners, the legislative delegation from that county is proposing a legislative change that would enable local employers to pay a portion of an employee's contribution to the retirement system. This option would allow employees to take home more money and allow the county to save by not having to increase its contribution due to increased salaries resulting from cost of living adjustments or in our case, market adjustments. In addition, no social security tax would have to be paid on the employer's contribution to the retirement system. The Buncombe County Board of Commissioners is asking the New Hanover County Board of Commissioners to work with our local legislative delegation to support the change in legislation. RrCOMMrNDrD MOTION AND RFQU~STI+ D ACTIONS• Recommend the New Hanover County Board of Commissioners support the efforts of the Buncombe County Board of Commissioners and ask our local legislative delegation to support the requested cl~angc. Federal $: .State $: County $: Money Is In Current Budget: Budget Amendment Prepared: User Fccs $: New Appropriation Request: Otllcr $: It L V ~i LGL: PIN: BUD: API' CGRIFPIN I-IR: API' AMALLET"1' COUNTY MANAGh,R'S COMMI?NTfi D RF,COMMT;NI)ATIONS: I Concur with recommendation above. - ~ ~ ~~ , ,. ~PPR®VE~ 1~/.r ~ , .EJECTED' ' ,~I I ~EINOVED ~~ ~ 15 9 B'OSTPOIVE ®AT~ ~' ~ y7. ~.::: Relcr to Oflicc Vision 13ullclin hoard for Disposition r NEW HANOVER COUNTY INTER-OFFICE ME ,: .:...~:::_ :. MO- ~• , • March 3, 1997 TO: Allen O'Neal ' . County Manager FROM: Andre R. Mallette ~iV~-- Human Resources Director RE: The Proposal from Buncombe County Board of Commissioners I have reviewed the proposal submitted by the Buncombe County Board of Commissioners regarding the county paying a portion of an employee's retirement contribution as opposed to providing a cost of living adjustment (COLA). Their proposal presents another opportunity for the county to save money and to provide additional income to its employees. As you know, we have been exploring various options on how to accomplish this ,feat. Tlie differences in tale options are how the savings will be achieved and how the employee will benefit from the method selected. My understanding of the proposal is that the savings in this plan will result from the county not having to pay either FICA on the contribution to the retirement program or the required percentage to the retirement system on the increased salary that would be generated by a COLA. The employee would see an immediate increase in the amount of take home pay because their contribution to the retirement system would be less than the current 6%. ~In addition, if no merit money is budgeted, tl~e base salaries for-next year will not increase significantly. Whether the county were to implement the program this year- or not, 1 recommend that we support the legislation, ~ ,-.. .. _ r; t* ,. 1V.~.J ~i R i...'. ~.. ,fib ,f -tr:%}: `. 16 0 ..~ . _ _ ~,. ~~ . . _...,. ~ i `~, Buncombe County .~ f I f f 1 1 BOARD OF COMMISSIONERS 60 COURT PLAZA ASHEVILLE, NC 28801-3565 Phone and TDD (704) 255-5533 FAX (704) 255-5535 February 17, 1997 Mr. Allen O'Neal, County Manager New Hanover County 320 Chestnut Street Wilmington, NC 28401 Dear Mr. O'Neal: Board of Commissioners Tom Sobol, Chairman COMMISSIONERS David Gantt Patsy Keever William 1-I. Stanley David W. Youn6 G3C ~C~~~CC U fED ~ 4 19;1 NEW HANOVER CO. M.4~lAGER'S OFFICE Each year we are faced with tl~e challenge of compensating our employees fairly and reducing the turnover rate -- all while we hold our tax rates down. Over tl~e past few months, we've concentrated our efforts on finding ways to increase employee take-Dome pay in the most cost effective way. One of the ways we discussed was the possibility of the County (employer) f~aving the option to pay a portion of employees' contribution to the retirement system in lieu of a cost of living adjustment (COLA). This is a common practice in other state and public retirement systems. The employer can make the employees' contribution without having to pay the additional contribution to the retirement cystem or tl~P social s?ct~rity tax that, as employers, we would pay on a COLA of an equal percentage. Following is an example of the impact tf~at a 3 percent COLA versus a 3 percent contribution to tf~e retirement system made on behalf of the employee would have on the budget. 161 ~~; February 17, 1997 Page 2 ..: _ The Buncombe County legislative delegation of Representatives Wilma Sherrill and Lanier Cansler along with Senator Jesse Ledbetter were very receptive to proposing a legislative change enabling employers to make the decision locally to pay some portion of the employees' contribution to the retirement system. The North Carolina Association of County Commissioners has included this proposal in their legislative goals. We are asking you to work with your local delegation to~support this change in legislation. If you need any additional information, please call our Personnel Director, Rob Thornberry at 704-255-5702. Sincerely, _~ 1 ~~~~ C. Thomas Sobol Chairman CTS:jgr c: Local Delegation Buncombe County Board of Commissioners 162 r~ CONSENT AGENDA ,mac Budget Amendmer~r'` 7' 1997 m No. 9A '~1 DEPARTMENT BUDGET AMENDMENT # DATE ;~' Sheriff/Administration 97-0142 4-7-97 ~, ADJUSTMENT DEBIT CREDIT , ~ Sheriff/Administration S S i tate e zure -Gambling $6,044 ~' - Departmental Supplies $6,044 :,~ I~ f~ ,~- ~' t r t EXPLANATION To budget funds from agambling/lottery sei ,~;~- _ t ~. ~' ~~ . _ ;~- '.~*~r ' Por 13ud~~c[000cer's eppro~~al; then report ~~~ to Commissioners • r lar meeting ~~~OVE® ". ~ .:~~ . 1/ end enter in minute ~~ P®ST~~V ~ - ~" "ro he approved by Commissioners. ®RT~ ~ ~ !-!~'-~~:- ' To be cnlcrcd into minutes. CONSENTAGENDA °~~ ri17, 1997 Budget Amendmen~e No. 9B i i / / i'%~'s, iii///iii~i ~~ / / ~// % /% ~%~/./~/G~~i~~~~~ / / / / /~ / j ~j / .~ DEPARTMENT BUDGET AMENDMENT # ~- DATE . Aging/Senior Center 97-0143 4-7-97 ~~ ADJiJSTMENT DEBIT CREDIT ~~/Senior Center $2,500 Other ~. - Postage $1,000 Newsletter $1,500 fl Ir . :~. EXPLANATION To budbet donated fw~ds to offset cost of producing and mailing the Senior Center's monthly newsletter. .' ~~PR® 1t~F.11:~~~® '~ 164 l~,E~®~E~ ~~ POST~I~ :~, ~ `~ '~ t ' ~ t `~", ~ a 1'or Budget Ofl icer's appro~~al; then reho+l . ~ ! , 4~ .n "~ ~; ~ r ~`_ ~ to Commissioners at nett regular muting ~ u. , .. _. ~~°"' .'- ~; ~ +ndcntcrinminutes. b ,~rJ "fo be appro~~ed by Commissioners. ~~""'"" To Ue entered into minutes,