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Agenda 1995 11-06NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 . WILMINGTON, NC NOVEMBER 6,1995 6:30 P.M. MEETING CALLED TO ORDER: Chairman Robert G. Greer INVOCATION PLEDGE OF ALLEGIANCE AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. 6:45pm 1. Presentation of Findings on Emergency Operations Center by 1 Mr. Kevin Ratigan, Architects Design Group, Inc. ~tk (;b+Q~ 7:OSpm 2. Consideration of Proposal for Development of a Comprehensive 3 Drainage Plan for New Hanover County 7:15pm 3. Consideration and Review of Transportation Priorities for 7 NCDOT Transportation Improvement Program 4. Public Hearings 7:30pm A. Special Use Permit Request by John and Gladys Barnes to 33 revise the preliminary plan for Market Street Mobile Home . Park by adding one space. (S-383, 11/95) ^ 7:SOpm B. Special Use Permit Request by Cedar Island North Associates 37 to construct a 7 slip community boating facility in Cedar ~. Island North Subdivision at the end of Seamist Court (5-381, TO/95) 8:30pm , . C., Rezonin~rRequest by Live Oak Development Company to 47 rezone .463 acre at 81.00 Market Street to B-1 Business from <`'R'15 Residential. (Z-551.., .1.0/95) 8:35pm •~~° iw ~ ` ~D. Rezonin'~ Request by Billy Baker to rezone 1.10 acres at the 51 _~'~ ~~ " ' • northeast corner of Greenville Avenue and Oleander Drive to B-l Business from R-15 Residential (Z-552, 10/95) ri 1 8:40pm E. Zoning Text Amendment (Appealed Cased Request by Jack 57 Q • Stock, RLS to delete current drainage standards applicable to performance development subdivision and replace them with Statewide Stormwater Guidelines applicable to coastal counties. (A-266, 10/95). 9:00 m F. NC Small Cities CDBG Solicit ro osals for H p p p ousmg 67 Development to benefit low and moderate income persons ,,..., 9: l Opm 5. First Reading Consideration of Adoption of Ordinance Permitting 69 ' ' Posting Signs to Prohibit Carrying of Concealed Handguns on Certain County Property. 9:20pm 6. First Reading Consideration of Adoption.of Sewer Impact Fee 75 r'~ . Ordinance Change 9:30pm 7. First Readine Consideration of Adoption of Drinking Water Impact 85 Fee Ordinance 9:40pm 8. Consideration ofApproval of Contract for Acceptance of Local q 1 Planning & Management Grant to Develop a Unified Development Ordinance for County and City and Associated Budget Amendment #96-0066 l O:15pm 9. Meeting of the Water and Sewer District 131 10. Consideration of Allocation of Money for Construction of Reception 105 Center at the County Arboretum_and/or Purchase of a Lot Adjacent to the Arboretum ~ . Il.~ ' (,!~/DR~0:30pm 11. Discussion of Approval of School Capital Study Commission's 113 November 30, 1995 Visit 10:40pm 12. Subdivision Appeal - Masonboro Forest ~ 125 ADDITIONAL ITEMS `~ ~/ou.`~-~t. ~PP,rct,;n~j~ Lve,e.~(~'- County Commissioners /~O ~ - ~-~ Wa,~,k, CFe~~ Ap~--ev~ed County Manager 1`l. o u , t3 '-" County Attorney .~ ('o~.rc a.~ ov' ~5 ~ ~ ~~ t ~ ~d board T3atti. CLOSED SESSION ~~' ~1at='Ad~~~ w t.cJ~ Rah/:uf~ Personnel Matter _ ~'~~~'Dc+~""~''~I~w Gv''i~ ~{ :~ ~Y 11:OSpm ADJOURN 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '.' ,, ~~ NEW HANOVER COUNTY WATER AND SEWER DISTRICT ;°~ ASSEMBLY ROOM, NEW HANOVER COUNTY O'~URTHO:USE ~ ~ .~. 24 NORTH THIRD STREET, ROOM 301 ~~~`""~°=~~ WILMINGTON, NC NOVEMBER 6,1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of plan to provide sewer to area south of Monkey Junction Motts Creek Basin. ADJOURN .r ~ y PAGE NO. 133 135 .~ ~~~, ~ s ~~,,..._.-•---~-NE ANOVER COUNTY BOARD OF COMMISSIONERS ~~~~' ~ CONSENT AGENDA 1..:_ NOVEMBER 6,1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 139 2. Acceptance of Low Bid for Maritime Pavilion and Establishing 141 Contingency Budget 3. Approval of New Hanover Contract Policy 143 4. Approval for salary increase for Elections Board Members 147 5. Approval of Contract #96-0142 agreement with Cape Fear Community 153 College for parcel of land at 700 Front Street 6. Approval to authorize Chairman to execute standard CP&L easement, 159 Contract #96-0139 7. Adoption of resolution approving installment financing for DSS building 161 8. Approval of Budget Amendments A. #96-0060 to budget a contribution for speakers at the "Stop" 165 Workshop B. #96-18 to increase budget for additional revenue received 166 C. #96-21 to budget interest earned on Parks Capital Project 167 D. #96-0065 to increase the Library's Book account by $18,727 168 ~9. Adoption of Public Access Data Policy 171 10. Approval of Fire Services Administrator Position 177 PPROV~ ~QU~~~1( G~~~~~~~8SS1~~~~~~ ~~~.~ ~ `_ < 'r i. 'I REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 b 1 Regular Item #: 1 Consent Item #: Additional Item #: Department: Emergency Management Presenter: Kevin Ratigan Page Count In Agenda Package: 3 Contact: Dan Summers SUBJECT: Presentation of findings on Emergency Operations Center by Mr. Kevin Ratigan, Architects Design Group, Inc. BRIEF SUMMARY: Architects Design Group will present their findingsfor the relocation of the Department of Emergency Management and the Emergency Operations Center. The consultant's report will be provided under separate cover. ' If the~recommendation is accepted by the Commissioners, the Print Shop will need to be relocated. Staff ' 'is developing the cost of relocating the print shop to Division Drive. The estimate will be available by November 2, 1995 staff meeting. RECOMMENDED MOTION AND R Oi1FSTFn ACTIONS• ' _~_ _ :.Request the.Commissioners direct County Staffto proceed with design, construction, relocation and funding • for the project. ~ • ~ • . •• ~~ 1 r FUNDING SOURCE: Federal S: State S: County S: ~ User Fees $: Other $: Money Is In Current Budget:no New Appropriation Itequest:yes Budget Amendment Prepared:no REVIEWED BY: LGL: FIN: BUD: N/A CGRIFFIN HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS Request the County Commissioners consider directing County staff to proceed with design, construction, relocation and funding for the project. The report will be delivered under separate cover. •~'e~~v . ~~~,~ i Y C~~~~~~~~5~~~~~~~ e 1 Rekr to Office Vision Bulletin Board foe Disposition ~ `~"""""'~---- C REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 ~RegularItem #: 2 Consent Item #: Additional Item #: Department: Engineering Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver C~TTT) TT /"~T_ l7VLJ L' t. L . Consideration of proposal for development of a comprehensive drainage plan for New Hanover County BRIEF SUMMARY: The. Board, at its October 12 worksession, directed staff to develop a proposal for a comprehensive drainage plan for the County. The attached memo outlines an approach for accomplishing this ' effort. RECOMMENDED MOTION AND RE~~JESTED ACTION~~ :. ; :: _ The Board should consider directing staff to develop a Request for Proposals for. the described.work. k'UNDING SOURCE• Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: 1`Iew Appropriation Request: Budget Amendment Prepared: REVIEWED BY• LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR; N/A AMALLETT COUNTY MANAGER'S COMMENT AND RE OMMENDATION4• Recommend directing staff to develop an RFP for the work as descr' ed above. At this point staff is trying to-develop a cost estimate for the engineering wo ~APPV ~1~ COQ-'! ~ C~f~~~~~~~9~~~ ~~ 3 ~~~~. u-~l tv ~~'~~ ~~ 1 ham; ~ ~%- Di rc ~~- s+a ~g~~-+5 et ect- tee. ~J d o d e ve loci, s ~e ci ~, c ~ ~,,~.Q.t 1~ ~~ (.e.0 bB~ekr to~Ot~ic~e Vision Bullet a Qoa~rdor~Di~sp~~ n~ a i' 9 b eu~ ~ ~~~ ~~~ NEW HANOVER COUNTY INTER-OFFICE ..... October 23, 1995 TO: Board of County Commissioners ~ _ ,FROM: Dave Weaver, Assistant County Manager ,d'" RE: Comprehensive Drainage Plan .. In response to the Board's direction at the October 12 work session, staff has prepared the following framework for a comprehensive drainage study for the County. I. Develop Drainage Performance Standards for new development A. Meet objectives of: - . •~=1. 'drain water away from new developmenC • --.,, ~ -, - •'• 2 . prevent flooding of existing•.downstream ' . . development' ` ~• 3. minimize stormwater runoff pollution impacts. B. Integrate standards with existing State, County, and City standards. C. Modify standards, if necessary, to fit the needs of u individual basin-specific plans. - II-. Delineate the County into appropriately-sized basins. III. Select one basin, e.g. Pages Creek, to develop a specific model basin plan. - .- A. Analyze existing runoff/drainage characteristics, including land-use, soils, and drainage network. .. B.. Analyze potential impact on drainage-under "build- = out" conditions." C. Develop plans for. regional County drainage - facilities in the basin to meet drainage objectives under "build-out" cond>itions. ~~ D. Design facilities and establish+ new development 4 standards to improve~'ex~stng"`runoff*'cconditions in . conjunction with the_'State's Use~•Restoration Waters y.Y ..'S +.. :..a s Y. _ qe „ • . ~ ~~.. 4.! 3t ~ to 1 1 1 1 1 1 1 1 L 1 1 1 i 1 1 1 1 Board of County Commissioners Page Number Two October 23, 1995 (URW) classification. The URW classification seeks to establish basin-specific strategies of regulatory and voluntary initiatives to attain previous levels of water quality, e.g. re-open shellfish beds. E. Examine options for financing the model basin plan, e.g. assessments, establishment of a utility district, monthly fees, impact fees. If the Board approves of the above framework, staff will. develop a Reguest 'for Proposals to be sent to engineering firms. .. Please feel free to contact me or Wyatt Blanchard if you have any questions or comments. DW/nf/686 5 L REQUEST FOR. BOARD ACTION Meeting Date: 11/06/95 Regular Item #:3 ~ Consent Item #: - Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 25 Contact: Dexter Hayes CTiR TF('T. Review and Discussion of Transportation Priorities List for NCDOT Transportation Improvement Program (TIP) BRIEF SUMMARY• Wilmington's Transportation .Advisory Committee will meet on November 15 to update their priorities list for submittal to the Board of Transportation. Enclosed is the existing list of priorities that were recommended in 1.994, along with a map and a description of current projects already in the TIP. Also enclosed are two resolutions from the Chamber of Commerce supporting improvements to Gordon Road and Castle Hayne Road. RECOMMENDED MOTION AND REOiJFSTFD AC'i'1'nNS County :Commissioners. should .review the current list of Transportation Priorities .and make... recommendations to the TAC that can be presented to NCDOT. ~~ 1 FUNDING SOURCE• Federal S: State S: County S: User Fces S: Other S: Money Is In Current Budget: New Appropriation Request: .Budget Amendment Prepared: REVIEWED BY• LGL: FIN: ~ BUD: ~; BOUNTY MANA ER'S COMM NT4 AND RE OMM NDATIONS_ Recommend the Board of Commissioners review the current list and discuss the projects thoroughly. Planning staff is prepared to respond to questions and to comment. The "Southern Outer Loop" is in the highways category needs list. The Board may wish to give this port' of the plan a close look ~.,~~d~ ~p`~~ 7 Yl.s asl9 ~~~ is .~:anm Lurie ~;4Jb~b1J a1f d . '~`~' ~.... (! _`. ~,~ `~ ~~~1/YL - :..Refer to Office Vision Bulletin Board for Disposition ,~ ~ . ~~`~~~ ~ ~ *~ jI a S~ ~ ~.y y~ ~ ~ 'fvt~~ ~ I ~' f~ 1739 CITY of WILMINGTON North Carolina. _ ~ ~ _, ' ~ P.O. BOX 1 H 1 O ENGINEERING DEPARTIv 28L~02 TRAIlSPORTATION DIYIS (910) 341-1807 T0: TCC Me ads . - ' ~~ FROM: J. Scott.~.ane Trans ortation Planner II P 'DATE: ,October S, 199.5 .. ~ n SUBJECT: Revicw and Comment of Transportation Priorities List • Enclosed is a copy of the above document. As discussed at the previous TCC meeting, I am asking each of you to review the Priorities List and submit changes to me at the next meeting. We will hold an unscheduled' meeting ~at the end of October to review _ ::.. ~_ ....:. and recommend.the updated, draft document to the TAC for their meeting on November . o~~S 1 Sth. Any additions should contain relevant information as to project cost,. length, '~ ~ ~- terTTUnii, and so forth. To date, I am aware of only two submittals for additions to the Priorities List. These are the C std. le Hayne Road widening and Gordon Road wideningrmprovements, both of which were submitted by the rester Wilmington Chamber of Commerce. I have enclosed copies of the Chamber's Resolutions for your information. If you have questions, please contact me as soon as possible. , JSL n ' k .. . '~ - ~-\-,.tee. 6 ~ ,~~~ n ~~ _ a ~ . ~ - - - n . .. . ~w. ;~~~ . ,, ,--- . 1' _:.::.,,cs ~ c~ •.,,~ ,' ,. ` .' .' i . ` ~ - i 1 TATION ~ 1'Kl (~RITIES ~> ~s . ,.. -~ ~~ approved by Greater Wilmington Urban Area TAC October 19,1994 ~ recommended by Greater Wilmington Urban Area TCC on September 28,1994 ~- prepared by: Tians~ortation I?ivision Wilmington Engineering Department n GREATER WILrffNGZ~ON URBAN AREA TRANSPORTATION PRIORITIES LIST FISCAL YEAR 1995 ` r- Table of ~tertts ' Description Overview: The Transportation Planning Process The Technical. Coordinating Ca~nittee The Transportation Advisory CoRnnittee E1~dorsements of Previously Programmed projects Transportation Priorities: < Aviation Highways ~ . North.Carolina State Ports Authority ' Public Transportation Bicycle and Pedestrian Elihancelnent Projects ' Glossary of Terms •Figure: ~ Map of Transportation Priorities ' ~ Wi imi - ~f-r,n Urban Area MPO is ~LSGd of fives from Brunswick qty, I~iew Aanover Couz-cty, The City of wilco ingtan, and the lbwns of Belville, Iel.and, Navassa, and T~ightsville Beach. ' 7~1 the ti.on Priorities List, the Wi lmi *~'^^ Urban Area MPO strives to d imQo~rtant t~ar~taticai I.ur~ojects far the entis~e isban area that are aoazdi- Hated, justifiable, and that are fiscally and socially bible. Page Number 1 `~ 2 4 5 f1 6 7 9 10 11 12 13 14 THE CITY OF WIIMII~JGTaN DOES NOT DISCRII~IATE ON TF~ BASIS OF RACE, SE}C, Ct~IAR, AGE, NATIONAL ORIGIN, R.E~TGION, OR DISABILITY IN ITS EMPIA}Q'gl~fT OPPO'IES, PROGRAMS, SERV".LCFS, OR ACTIVITIES. ~10 1 I _The Tran~roortation Process and Priorities List Each year, the Wilmington Urbanized Area Metropolitan Planning Organization (WiTAr'IPO) must prepare a Local Transportation 7irprovement Program (TIP) . The TIP outlines highway, rail, transit, bicycle, and pedestrian. projects for the upcoming five fiscal years. Planni..ng, design, right-of-way acquisition, and construction costs are identified with respect to the amount of time, money, and funding source(s) with which they, are associated. The process. by which the Wilmington Urbanized Area Transportation Improvement Programs are developed is shown below. The Lead Plannux~ Agency ~ WCTAr4 0 sukanits Prioritized Needs at STIP hearings WCTAt~O. prepares draft TIP for MPO ' WUAMPO receives public cottunent on draft TIP TCC reviews and recos __ ~ ._ draft TIP . . TAC adopts TIP on behalf of WUANIPO WU a ANIPO tr rLSm.its adopted TIP to NCDOT_ LOCAL TIP PROCFSS NOVII~ER MAY ~~ JULY JULY JULY AUGUST NCDC7r Secretary approves adopted TIP for Governor AUGUST WUA~ receives notice of approval. of TIP SPB coordinates review of adopted TIP within NCD(7r AUGUST SPB distributes approved TIP to FHWA.and FTA AUGUST - 1 - 11 (LPA); in this'case the Wilmington~Llrbanized Area MPO, presents and endorses the previous TIP and a prioritized Transportation Needs List at the Division TIP •Hearing in the fall of each year. NCDUr staff andthe .State Board of Transportation .then develop and release the draft-State. importation Improvement Program (STIP)•. FYom-the STIP,:a Local Supplement is extracted and released to the LPA, which then prepares the Draft TIP•for its urban area. This ~~~. Draft TIP isthen •reviewed and recommended by the Technical Coordinating Committee (TCC) and adopted by. the Transportation Advisory Committee (TAC) in July. The adopted Wilmington TIP is forwarded to the Secretary of the NCDOT for ~~• approval.. The adopted, approved TIP is then sent to the Federal Highway Administration (F~) and Federal Transit Ac'tnnistration (FTA) . The Wilmux~ton contact at the Metropolitan Planning Organization is also notified of the TIP's approval. FYom the description of this process, it is easy to discern the ir~ortance of a Transportation Priorities Dist: It transnuts the area's perceived needs in the areas of highways, aviation,-port, public transit, bicycle acid pedestrian travel, enhancement projects, and rail improvements. The .recipient of this information is usually thought of as~ only the State Board of Trans-portation• however, elected officials, the media, and the general public also become aware of identified transportation needs because of this doctunent. There are several ways that a transportation priority may arrive on the list. A request could come from a citizen's advocacy group, a municipal staff member or official, or as the relsult of a special task force. committed to identifying transportation needs. The TAC then reviews and .approves the project for inclusion on the next Transportation Priorities List. The Tedzriical, coordinating Oommittee is composed of .planning staff who • - •: ~ represent :the municipalities in .the . MPO,.. NCDCIr, trai-LSit~ representatives„ and . planning coordinators of•air and water ports. The role of the TCC is to review all important transportation issues that impact the Wilmington Urbanized Area, and to make recommendations on those reviews when necessary. The TCC provides a o base of local planning and engineering knowledge to assist the_TAC in making its decisions. ~- Zhe current TCC members and their affiliation are shown below: Mr. J_ ScxJtt Lane, Qza i rnan Transportation .Planner II city of .Wilmington P.O. Box 1810. Wihttington, NC 28402 Ph. 341-7807 1It should be noted that in future Transportation Needs Lists, there will be another way to identify candidate projects, Namely, the six Management Systems will identify areas of congestion, safety, etc. that create a need for transportation improvements. 1.2 ~ - 2 = List of TCC Members (continued from previous page)z Ms. (1~arlena Alston ~ Mr. John Bauerlein, P.E.. Town Clerk ' Traffic Engineer 334 Main Street City of Wilmington Navarra, NC 28404 P.O. Box 1810 . Ph. (910) 371-2432 Wilm_itx~ton, NC 28402 Ph. (910).341-7888 Mr. Joe Blair, P.E. (Alternate) Construction Engineer, NCDCT . 124 Division Drive Wilmington, NC 28401 Ph. (910) 251-5724 Mr. E3sain R_ C7aac, Jr. . New Hanover CAUnty Airport 1901 Hall Dr., Suite 201 Wilmington, NC 28405 Ph. (910)341-4333. Mr. Dan Planning Director Brunswick County P. O. Box 249 Bolivia, NC 28422 Ph. (910)253-4361 or (800)621-0609 Mr. Charles Glav+er . Public Trans. NC~ClI' -• '^= P: -0.- Box 25201' ' ~ . `~ Raleigh NC 27611 Ph. (919)733-4713 Mr. Roger Haw}cins, P.E. Traffic Eng. NCDUr 124 Division Drive Wi]mingt.on, NC 28401 Ph. (910)251-5734 2~'. Paul Koch, P.E. Area Coordinator NCDC7r Statewide Planning P. ~ O. Box 25201 Raleigh, NC 27611 Ph. (919)715-5737 Mr. Marc Maus General Manager, WIA 1110 Castle St. Wilmington, NC 28401 Ph. (910)343-0106 Mr. Doug Bowels, P.E. Division 3 Engineer, NCD~ 124. Division Drive Wilmington, NC 28401. Ph. (910)251-5724 Mr. Jotui Cunt Area 3, Accident Investigation; NCDOT P.O. Box 1150 Fayetteville, NC 28302 . Ph. (910)486-1792 Mr_ 17d Fare Director of Public Services City of Wilmitx~ton P.O. Box 1810 Wilmington, NC 28402 Ph. (910)341-7855 . Ms. Vickie Gooc~i Town Clerk, Belville ., - .. ~ :.175 Main Street ~ _ . -. - • -. Belville, NC 28451 Ph. (910)371-2456 or .(910)371-6417 Mr. Dexter Hayes Planning Director New Hanover County 320 Chestnut Street Wilmington; NC 28401 Ph. (910)341-7165 Ms. Rose Anne Mac3c Executive Director Cape Fear CC)G 1480 Harbour Drive Wilmir~gton, NC 28401 Ph. (910)395-4553 Mr_ Tam Nesanami, P.E. NCDC7r Statewide Planning Branch P.O. Box 25201 Raleigh, NC 27611 Ph. (919)733-4705 - 3 - 13 Mr. J ohn Schrd~enloher {non-voting) ~-. D3 Taylor, Town Plar~er Planning E»g. FHI~ Town of Wrightsville Beach 310 tfew Bern Ave., Room 410 ~ P.O. Box 626 Raleigh, NC 27601 ~ Wrightsville Beach,. NC 28480 Ph. (919)856-433 0 ~ j Ph. (910)256-?906 Mr. Dave Weaver~~ ~ Mr. Arnal;a WidcPS, Director Asst County Manager ~ Housing and Development 320 Chestnut Street P.O. Box 1810 Wilmington, NC 28401 Wilmington, NC 18302 . Ph. (910)341-7139 Ph. (910)341-4641 Mr. Jack Wilscm, 'Ass't. Director .' Ms_ .Helen Youngblood , (Alternate) NC State ports Authority * Planner III P.O. Box 9002 City of Wilmington Wilmington, NC 28402 P.O. Box 1810 Ph. .(910)763-1621 Wilmington, NC 18302 • ~ Ph. (910)341-626 ~ . .The Tran``portation Advisory Com a mittee is composed of political- officials representing each of the -munici palities in the Metrcx~olitan Planniix~ Organization. This body reviews and .takes action on all significant tran~ortation decisions affecting ~ the Wilmirxlton Urbanized Area. The TAC reviews the technical recanuner~clations made by the ZCC and incorporates those into its own decision-making process, The current TAC members are: Mr. Mi~ael Yo~ux3blood, Cbaiunan Mrs. Sarxha Barone _ _•_- Council Member, ,City of Wilmington New Hanover County Co~,'ssioner Wiaraington, NC ~ ~ ~ - 'New Hanover ~ County, NC ._ . .. . Mr. Tpwis S. Ernwn ~ Mr. Relu~eth D. Messer; Sr. a Mayor, Town of Navassa Mayor, Town of Belville Navassa, NC Belville, NC Mrs. Katherine B. Moca.~e Mr. Avery Roberts Mayor Pro-hem, City of Wilmington Alderman, Z}awti of Wrightsville Beach Wilmington, NC ~ Brunswick County, NC Mr. lYanky 'Il-K~S ~. p~~ Wi 11 i ~rncr~r, (rte-vp~~) , Mayor, Town of Leland NC Board of ZYansportation Member Leland, NC ~ NCDC7r, Division Three Mr. J. Scott Lane (non-wtirr3) ,. Secretary ' Wilmington Urbanized Area MPO • .. 14 -4- ~ ENDORS~TS OF PREVIOUSLY PF:OC~A~ F~:CUECTS `' The North Carolina Department of Transportation encourages i~0's to endorse .projects which are already programmed in the Transportation Improvement Program. This is done in part to provide some measure of fiscal constraint to planning needs, and in part to assess .the continuing importance of projects that have. active lives of several years. The following projects have been identified as continuing priority needs in the region: D5 17 W' - -~ sypass Ttus rsalway 1..s viewri as the most critical development in the Planning Region, providing relief from traffic congestion in urban areas while creating amore efficient and economical route for through travel. Currently, the route is still being determined. FLuxiing is anticipated to came frcan the National Highway System (NHS) . ' Boulevard bctension (fZ an OleandPS Drive to R~rrL, l l par3~Y) -The extension of Independence Boulevard has long been a top priority for urban travel •in the planniix~ district. Its •continued support and funding for future sections .(cross-reference Highway Need ~1) made it the top highway priority for four consecutive years in the tom. Smith Creek Par3aaay -The long-anticipated arrival of this facility is near, yet uncertainty concerning route selection still remains west of 23rd-Street. Until this route is constructed in its entirety, little relief for Market Street and neighborhoods to the north can be expected. 1 - 5 - TRANSPORTATION•NEF~,S LIST Aviation The New Hanover International Airport, located just north of Smith Creek ,and Doumtown Wi.lmington,• provides service for 47 commercial flights each day. A .new terminal has greatly increased the capabilities 'and efficiency of the airport. Last year, the airport operated 70,595 flights 'and handled 408,257 passengers. The project listed below (shown in YELTAW on attached map) is :considered a top priority to serve the ground transportation needs to and from •'the .terminal- conplex. (1) Project Description: Widening of North 23rd Street to a multi-lane facility on existing location from proposed partial interchange at Smith Creek Parkway to Airport Boulevard. (Lelx~th: 0.3 miles) Project Justification: This `widening will ihcrease the opacity from the • •partial interchange with the proposed Smith Creek Parkway to .Airport "Boulevard: Presently, 23rd"Street orzies`approximately 16,000 vehicles per day. The addition of the Smith Creek Parkway, while greatly enhancing access to the airport, is expected to place a greater burden on 23rd Street: Therefore, the widening is perceived ~as a critical need for continued regional aviation service. 16 .. -6- TRANSF~FZI'ATION :NEID.S LIST . Highways Highway travel remains the backbone of personal and rcial travel and tzansport in the United States. Rapid growth in the number of women entering the work force and declining vehicle occupancy rates have combined with the Wilmirx~ton Urbanized Area's own rapid rate of population and canm~xcial growth to produce a great demand for roadways. The four projects identified below {shown in BLUE on attached map) have been identified as priorities to the .future mobility of the area. , (1) Independence Boulevard EXtension ~~ Project Description: A multi-lane divided facility on new and existing location extending from Oleander Drive to the proposed S~ni.th Creek Parkway. Currently, this project is funded in the Fiscal Year 1995 TIP • from Oleander Drive (US 76) to Randall Parkway. This, request is for the remainder of the project. (Length: 1.8 miles) Project Justification: This new facility is needed to relieve traffic '~ pressures on residential streets ill-quipped to handle high amounts of through traffic. In addition, this facility would provide an alternate north-south route to alleviate congestion on College Rr~ad. (NC 132) and downtown arterials (U.S. 117 and U.S. 421). Cross-reference with Bicycle and Pedestrian Need ,~1. ~~~~ ~ (2) Southern Outer Loop from College Read to US 17 North.• ' " • " •' ~ ~~ Project Descri tion: A multi-lane divided facilit on new and exist' • ~ ". . • p y inq ' location extending from College Road (NC 132) to Market Street. I th ( ~ng : approximately 5.5 miles) _ . Project Justification: The Southern Outer Loop is needed to catty current and future traffic that will otherwise saturate College Road (NC 132) and spill onto nearby residential streets. This project has already been justified by the increases in congestion on Co11~e Road. Identified as a critical need in the 1972 Thoroughfare Plan, the need for this project has grown as well as the density of development in • this area. Development is reaching a "critical" level where, if the right-of-w-ay is not preserved, the costs and number of relocations will prohibit construction. (3) Widenirx~ of Kerr Avenue from Market Street to Wrightsville Avenue Project Description: Widening of a major thoroughfare to a five-lane facility, This project is scheduled for a feasibility study in FY 1995. (Length: 2.0 miles) Project Justification: This widen' w' Ing ill increase north-south capacity through the most heavily-traveled corridor of the planning region. Kerr Avenue currently carries between 18,000 - 21,000 vehicles per day. In 1990, a projection of 21,300 vpd was given for the year 2010; - 7 - 17 just two years later, that projection was exceeded. ' (4) Street and railroad improvements to the corridor from Cape Fear Memorial Bridge to the State Ports Authority (Front Street). Project•Justification: The high percentage of truck traffic using Front Street to•reach the State Port facilities requires that this road, now • in disrepair, be ii~roved to handle its unusual vehicle mix. Front Street cuizently carries 12,000 to 14,000 vpcl. Zhs project should include an operations study that .identifies possible solutions for the special problems of handling rail, car and truck inter-actions. Cross-reference with North Carolina State Ports Authority Need ,~5. (5) Interchange at US 74 and Old Fayetteville Road U Project Justification: Improvements to US 74 left .a separated-grade overpass with Old Fayetteville Road, which serves the towns of Leland . 'and Nav-assa in Hrunswick County. This interchange would greatly improve access to these towns and the. surrounding area. '' ~~ • -- - 18 -$- TRANSPORTATION . N.EE0.S Z.IST . North Carrolina State Pct is AutYrsi ty The NCSPA is one of two major commercial ports, in -the State of North Carolina (the other being at Morehead City). The port is served by a single rail corridor that links it with the Navassa Shipyards and wester-ly terminals, However, much of the freight movement at the port is handled by trucks. Currently, `the NCSPA processes 108,000 trucks annually and e~~ects to experience 5% - 8% annual growth in this traffic annually through 1996.. As such, many of the-ports' needs (shown in ORANGE on attached map) are coincidental with highway development. (1) Improve Shipyard Boulevard/Carolina Beach Road Intersection. This intersection is subject to tight turnisxJ radii, makirxJ truck movement difficult. . (2) Improve Intersection of Military Cut-Off Read/Market Street (US 17). The geometry of this intersection makes truck turns difficult and i , s unsafe. (3) Improve Intersection of Oleander Drive at Wrightsville Avenue/Airlie Road Intersection. Close spacing of signals, heavy traffic, and poor geometry make this intersection inefficient,. confusing, and dangerous to automobile and truck drivers. On the FY 1995 - 2001 Transportation Improvement Program. . (4) Improvements to FYont Street/Burnett Boulevard Corridor. Currently the shortest route from US 421 or US 74/76 this corridor offe s l - , „ , r severa - `key areas for improvement: redesign of ramps at FYont Street to and~.~- from Memorial Bridge, widening of FYont Street, and widening of Burnett Boulevard. The planned connection between I-40 and US 421 will place special emphasis upon these projects, as .traffic is e~cpected to increase dramatically from the construction of the US 17 WilmingtAn Bypass (R-2633). Cross-reference with Highway Need ~4. (5) Improved Access Between US 421 and the North Gate of NCSPA. _ g _ 19 ZRANSPORTATION NEEDS LIST Public 7i~~rtation ' Public transportation in Wi n is conducted Authori ° b1' the Wilmington Transit ty~ (WTA)• The 4TfA .perennially performs well on several -important indicators of transit efficiency and. effectiveness. As indicated last year, the top two priorities remain critical to the operations 'of the WI'A. .All of the ~- following projects will help to :ensure that the WrA continues to expand its services while maintaining a. leadership role in the area of, operating efficiency..... ,. . -(1) Building and Grounds Renovation Project Project Description: Fence repair, painting, acid general repairs to the WrA offices and maintenance facilities. Project Justification: The building and maintenance facilities on Castle Street are forty years old and are in need of the repairs described .. above. General repairs to the wire fence surrounding the grounds, brick and mortar replacement, and window caulking are particularly needed. ~~ u (2) .Purchase of ~ Shop Equipment Project Description: Equipment updates: Project Justification: Much of the equipment at the W'rA was purchased in _:: . _ :.._. ~ • , the.1970's.• Recent-purchases of .buses that are computer-controlled . have outpaced the limitations of this older equipment. Although the "'~ ~' .computerized operation has enabled the WrA to utilize the buses in a more efficient manner; the increased efficiency places special demands on maintenance equipment.. New equipment is needed that will allow the maintenance crews to work on the.buses in a timely manner. (3) New Transfer Facility Project Justification: The existing transfer point in downtown Wilmington has not changed location within the last 20 years. During this time, the area has become congested thus making bus transfers difficult and potentially hazardous. Anew transfer station would be designed specifically to acxommodate buses. The station would increase convenience for passengers while decreasing automotive congestion. (4) Maintenance Facility and Bus Washer Project Justification: Anew maintenance facility would be designed to incorporate adrive-through bus washer.- The new facility would be smaller than the existing facility which houses six bays. The maintenance crew would spend less time washing the buses and spend more time at critical work tasks. Anew facility would require less maintenance and would be much easier to maintain. 20 -10- ,~ TRANSFORTATION NEIDS LIST . --- Bicycle and Pedes-iorian Bicycle and pedestrian travel is gradually being recognized as a valuable _ addition to the transportation system. With its favorable climate and topography, the Wilmington Urbanized Area has several natural advantages that- . encourage bicycle and pedestrian modes of travel. New Hanover County has the largest rnmiber of projects in the Unmet Needs List of the FY 1995 •- 2001 .Statewide Transportation Improvement Program, with the exception of OrarxJe,. Onslow, and Alamance Counties. Most of the projects- listed below (shown~in GREIN on attached map) are incidental to hi hwa develo t b t t g y pmen , u he Wilmington area also offers possibilities for dedicated bicycle and pedestrian routes. i n ~ (1) Indepe dence Boulevard Extension. Wide paved shoulders from Oleander Drive to proposed Smith Creek Parkway. 1995 State Incidental Project (from ,Oleander Drive to Randall Parkway).. Cross-reference with Highway Need #1. (2) US 74 (Eastwood R.oad). Dedicated bike lane from Market Street to ' ~ Military Cutoff Road. 1995 State Incidental Project and Unmet Needs. , ~~ ~ (3) Twenty-third Street. Bikeway from Princess Place Drive to Castle Rayne Road (US 117). State 1995 Unmet Needs. ~~ ~ (4) 'US 421 (Carolina Beach Road) Alternate .Route. Wide paved shoulders • • - • .. on: Masonboro hoop Road • (from Beasley Road) . to. Myrtle GYove • •~~ ` Road to US 421 to River Road.• This project will encourage the use of an alternate route to a dangerous and congested state . arterial, at the same time providing bicycling opportunities for a rapidly developing area. ti (5) River Read. Wide paved shoulders.' This project is envisioned to occur in two separate phases. Phase I will extend north from US 421 to Sanders Road. Phase II will extend from Sanders Road to Bryan Road in Wilmington. This project, combined with Project ~4, will provide a continuous loop around the southern part of • New Hanover County. (6) Blue Clay Read. Wide paved shoulders from 23rd Street to NC 132. (7) Parallel to NC 133. Bicycle trail from Olde Town to I~iand Shopping Center. (8) Old Fayetteville Road. Wide paved shoulders from Sturgeon Creek to Village Road then north to CSX rail. I - 11 - 21~-• TRANSPORTATION ~NEIDS MST Projects The 1991 Intenmodal Stiirface Transportation Efficiency Act encourages MPOs to identify projects that will enhance scenc•• or historic attributes of transportation corridors, encourage peciestrian"~ or bicycle travel, control y outdoor advertising, perform archaeological planning, or mitigate pollution in the form of highway water runoff. The projects .listed below (shown in RID on attached map) are the Wilmington Urbanized Area's initial offerings for enhancement funding. • (1) Third Street Im~rove:nent - Project Description: This project will add landscaping and create a bikeway on Third Street (US~421) between N.'FYont and Dawson Streets, (Length: 1.8 miles) _ ~ ~ . l Project Justification: Third .Street is a major thoroughfare running through the heart of historic areas and popular tourist destinations on the waterfront. This street is lined with conunercial properties that .often present blank walls~to travelers entering the City. Zhe incorporation of landscaping and a dedicated bicycle and pedestrian path will improve the aesthetic value of the street, help revitalize commercial properties, and promote alternatve•forms of travel. (2) US 74 (Lzmtina Avenue) Sidewalk Project . :. Project Description: Construct pedestrian sidewalks between Holiday ..Inn .. j ~, "Hotel to the terminus of Ixmtina Avenue (US 74). (hength: 5,200 feet) ~"" Project Justification: Completion of this project,• independent of new highway construction, would greatly facilitate pedestrian travel on one of the most widely used pedestrian corridors in the Wilmington Urbanized Area. .The walkway would provide pedestrian access to five beach access points. More importantly, the sidewalks would separate a busy street (10,300 ~}.from pedestrians.• (3) College Road (NC 132) Sidet,~alk Improvements Project Description: Construct pedestrian sidewalks on College Road between~Market Street (US 17).and Shipyard Boulevard. Fill in "gaps" in content side<„ralk system. Project Justification: When completed, this project will greatly enhance the safety of a major pedestrian walkway. This project traverses several residential and commercial areas, but its primary connection is with the University of North Carolina at Wilmington. College Read has the highest recorded vehicle count (59,000 vpd) in the area, therefore sep~aiation of pedestrian movement is highly desirable. ~' 22 - 12 - Glassazy of Terms Bicycle AdviscQy CYmnitt.ee (gAC) _ The SAC is a standing conIInittee comprised of technical staff and biking advocates •thrvughout New Hanover County. Although the SAC is not a recognized cac~onent of the 1~0 structure, this cottunittee often works with MPO staff and members to promote bicycle safety, new bicycle paths, and responding to other bicycle issues. Project - This term is used specifically to describe a pool of transportation funding allotted under ISTEA. F7~hancement funds may be used in ten different areas, none of which can be highway construction. The eligible funding areas are: (1) Pedestrian/Bicycle facilities; (2) Acquisition of scenic easements or historic sites; (3) Scenic/Historic highway programs; (4) Landscaping; (5) Histari.c preservation; (6) Rehabilitation and operation; (7) Preservation .and conversion of abandoned rail corridors; (8) Control and removal of outdoor . .advertising; (9) Archaeological planning and research; and (10) Mitigation of water pollution due to highway runoff. ~moc~l S~.sfaoe ganspcrtation Efficiency Act (TSZ~,) - This Act, passed in 1991, allocates funding and outlines responsibilities to Federal, State, and local transportation agencies. read Plarming Ac,}ency (LPA) - Refers to the City of Wilmington's role as the chief provider of staff and support resources for the 1~0. ~- ~ar~ortation Plan - This plan, jointly produced and . approved by state and local planning and political staff, outlines major transportation projects and goals in a metropolitan area for the next 20 years. .. Metropolitan Plarmisr~ On~ani~.ation (MPp) , - Federal Iaw mandates •that urban areas with more than 50,000 population have a • full-time staff and resources to assist metropolitan areas with planning issues and problems. The I~0 referenced in this doctmient is the Wilmington Urban Area•NIPO (WUANIPO) , ~ates~ide planning Branch (SPS) - The Statewide Planning Branch of the North Carolina Department of Transportation (NCDOT) provides regional and local planning services to municipalities, NIPO's, and the state as a whole. . Tec3znical- ~-inatur~ ~ittee (TCC) -- This standing conunittee is ~ comprised of planning and technical staff from all of the member municipalities in the NIPO, as well.. as representatives from mass transit, airports, and sea ports. The TCC reviews all important. tectu~ical transportation issues in the MPO. ~~ ~ldvisc¢.y committee (TAC) - The TAC is another standing co~nittee, con~rised of political leaders in the member municipalities of the NIF'O. They, like the TCC, review all in~ortant transportation issues in the N1F0. ZYansPortation Improv®ent Program (TIP) -The TIP outlines transportation projects for the next 5 - 7 years, including funding broken dawn by planning, design, right-of-way acquisition, and construction. The TIP must be approved by local governing bodies, state officials, and the TCC and TAC. W;lmir~t-~, ~~it ~{-amity (WfA) - The WrA makes transit policy decisions; and works with the private transit planning vendor to .coordinate transit activities. - 13 - 23 24 no o,z moo Z~ E `. .~ . ~ ~~ .._ Q -~- . ~ ~... . '~ ~.1..L Q ~~ ,~ (n (. .~ r ~ -..., . _, . ~ 0 0 ~_, , ,,:,...,..• , . r ~,.z e ~ ~ C./7 ,a ~-- ...9d~, ` _ ~ ~ ~ . `. N ~ ~ Q, ~ o ~ ~ ..... ~ ..~~,, v, o.~ ~ N ~~~ ~ ~ -~- o . ~ .. --~. .~ -D CD o ~ cQ . Q ._ ., i ~ c . H V ~° Z v P W (7 W D » m (p r' -~ C O _ Z r ~ ~ ~ -~ . 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A~ A 1 ~ y T t'1 0 _ ~ .1 ~ 0p 2 0 x ~ OO x "C1 ~ ~ ~ .. ~ Z T T T „„ ~ ~ K -~( ~ `~ ~O ~O V P V 28~ 1 RESOLUTION Gordon Road Improvements Whereas, New Hanover County is experiencing rapid population growth and the attendant residential and commercial development that accompanies that growth, and ~~ ~~~ ~~ Pt=« Whereas, adequate infrastructure improvements to support continued growth ~r~°~°°' Nc 28401 are of paramount concern to the Greater Wilmington Chamber of Commerce, Tdcphonc 910.7621611 and Tdcraz 910.762.9765 Whereas, increases in population have resulted in added vehicular traffic ' congestion and safety hazards at and near the intersection of U.S. Highway 17 (Market Street) and State Road 2048 (Gordon Road), and ' ' ~ Whereas, U.S. Highway 17 is a major North-South artery~for both residents and non-residents alike, and Whereas, the North Carolina Department of Transportation has embarked upon the widening of U.S. Highway 17 from the Ylrginia State Boundary Line to the South Carolina State Boundary Line to accommodate increased vehicular traffic and to abate obvious safety hazards, and ••• Whereas; State Road 2048 (Gordon Road) has become an important east-west corridor with increasing traffic volumes in northern New Hanover County, and Whereas, State Road 2048 (Gordon Road) is a two lane roadway that is experiencing increased residential and commercial development, and Whereas, a new elementary school will begin construction on Gordon Road in the late spring of 1995, further compounding traffic and safety hazards while under construction but most particularly when completed and opened, and Whereas, the North Carolina Transportation Improvement Plan (ITP) includes an upgrading and widening project (]D No. U-2725) of the Extension of State Road 2048 (Gordon Road) east of F-fighway 17 (Market Street) to State Road 1409 (Military Cutoff Road), and Whereas, TIP project U-2725 is scheduled to enter the planning phases in mid- 1995 and Department of Transportatior staff will initiate the project phases at that time, and ~ Whereas, the Transportation Council of the Greater Wilmington Chamber of Commerce has discussed the concerns expressed above and has reccivcd input ' from business owners/managers along State Road 2048 (Gordon Roads d L~ _ . RESOLUTION Castle Rayne Road Improvements Whereas, New Hanover County has experienced and is expected to continue unprecedented growth, double. to that of the State of North Carolina overall, and o„~ ~~clt ~~ ~« Whereas, the North Carolina Department of Transportation is planning several ~'` ~ ~tm~„g~o~. He 2s-wl major highway improvement projects in the greater Wilmington area to address ~ J Tclcphonc 910.762.2611 growing traffic congestion from both residents and non-residents, and Tdefix 910.762.9765 ~ „~, ' Whereas, the pattern of traffic on heavily traveled corridors suggest that the major highway projects known as Smith Creek Parkway and the portion of the ' proposed Northern Outer Loop in New Hanover County may not alleviate safety hazards and congestion along U.S. Highway 117/N.C. Highway 133 -• (Castle Rayne Road) between its northern intersection with N.C. Highway 132 and the western.segment of Division Drive at its terminus with U.S. Highway 117/N.C. Highway 133 (Castle Rayne Road), and Whereas, continued growth along, this comdor is casily recognized in new residential development and~commercial and industrial usage combined to create long delays and safety concerns'for users of Castle Rayne Road, and ' ~ ~ - ' ~~~ ~ Whereas, the North Carolina Transportation Improvement Plan ('ITP) includes a project designated as U-2724 to upgrade and widen Castle Rayne Road to a multi-lane ' structure with the planning phase to begin in mid-1995, and Whereas, the Transportation Council of the Greater Wilmington Chamber of Commerce has met with and received input. from some business owners/managers.and.school officials along.Castle Rayne Road, and Whereas, these concerns were included in the off cial record of the public hearing for inclusion of NCDOT Division 3 projects in the 1996 Transportation Fmprovement Plan ('ITP) on November 15, 1994 at the University of North Carolina at Wilmington, and Whereas, the Chamber's Transportation Council voted on December 14, 1994 to recommend to the Chamber-Board of Directors that the Castle Rayne Road project (U-2724) be made a local transportation priority, now THEREFORE, BE 1:T RESOLVED that the Board of Directors of the Greater Wilmington Chamber of Commerce does hereby endorse the recommendation of the Transportation Council and encourages the area Transportation. 30 One Fstcll ttc Puce ~ ~lmington. NC 28101 Tdcphone 910.762.2611 Tefefix 910.762.9765 RESOLUTION Castle Hayne Road Improvements Whereas, New Hanover bounty has experienced and is expected to continue unprecedented growth, double to that of the State of North Carolina overall, and Whereas,. the North Carolina Department of Transportation is planning several major highway improvement projects in the greater Wilmington area to address . growing traffic congestion from both residents and non-residents, and Whereas, the pattern of traffic on heavily traveled corridors suggest. that the major highway projects known as Smith Creek Parkway and the portion of the proposed Northern Outer~Loop in New Hanover County may not alleviate safety hazards and congestion along U.S. Highway 117/N.C. Highway 133 (Castle Hayne Road) between its northern intersection with N.C. FLghway 132 and the western segment ofDivision Drive at its terminus with U.S. Highway 117/N.C. Highway 133 (Castle Hayne Road), and - . Whereas, continued growth along this corridor is easily recognized in new residential development and~commercial add industrial usage combined to create long delays and safety concerns for user of Castle Rayne Road, and Whereas, the North Carolina Transportation Improvement Plan ('ITP) includes a project designated as U-2724 to upgrade and widen Castle Rayne Road to a multi-lane ' structure with the planning phase to begin in mid-1995, and Whereas, the Trzrisportation Council of the Greater Wilmington Chamber of Commerce has met with and received input from some business owners managers and.school officials along Castle Rayne Road, and Whereas, these concerns were included in the official record of the public hearing for inclusion ofNCDOT Division 3 projects in the 1996 Transportation Improvement Plan (TI:P) on November 15, 1994 at the University of North Carolina at Wilmington, and Whereas, the Chamber's Transportation Council voted on December 14, 1994 to recommend to the Chamber Board of Directors that the Castle Rayne Road project (U-2924) be made a local transportation priority, now t THEREFORE, BE I'T RESOLVED that the Board of Directors of the Greater Wilmington Chamber of Commerce does hereby endorse the recommendation ' ~ of the Transportation Council and encourages the area Transportarion. ~` 31 L•~• •- .1. . ll. ~i ~:~ Crordon Road Resolution . • Page 2 ~ . Whereas, these concerns were included in the official record of the public hearing for iuciusion ofNCDOT Division 3 projects in the 1996 Transportation Improvement Plan (TIP) on November 15, 1994 at the• University ofNorth Carolina at Wilmington; now • THEREFORE, BE IT RESOLVED, that the Board of Directors of the Greater Wilmins,~ton Chamber of Commerce does hereby concur in the sentiments stated_above and does by this action respectfully request that the North Carolina Department of Transportation imrestigaie appropriate solutions to the traffic congestion and safety•hazards stated herein. Adopted the 21st -day of February, 1.995. ` ,. . ~~ ~, Ronald Gumm ~ onnie Majure President ~ ~,.A.„*:..v ~r.,... ~.._:.,__ ii r 1 1 ;t 1 !. 1 1 I 1 l 1 f 1 1 t 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: 4A ~ Consent Item #: Additional Item #: Department: Planning ''~ Presenter: D. Hayes Page Count In Agenda Package: 4 Contact: Pete Avery P1YTT TT r..'•1 JVDJL'l,l: Special Use Permit (S-383, 11/95) BRIEF SUMMARY: Request by John and Gladys Barnes to revise the preliminary plan for Market Street Mobile Home Park by adding one space. ~. RECOMMENDED MOTION AND R OLIFSTFn ACTIONS• Planning Board recommendation not applicable. . . Federal $; State $: County $: User Fees S: Other S: Money Is In Current Budget: Ne~v Appropriation Request: Budget Amendment Prepared: REVIEWED BY• LGL: FIN: BUD: HR: TY MANAGER'S OMMENT AND RECOMMENDATIONS• ~~A P~/ ~ }~I6Iyi11i~i O ~J~^~M 4YbiY~y~!'N'11~i,BE ......."' ~.~+t ,. 2 i„sftad 5 . Rctcr to Office Vision Bulletin Board for Disposition ~ .~ t ~` ~' ~ ~. 5-383, 11/95: Request to revise the preliminary plan for Market Heights Mobile Home Park by adding five spaces. (NOTE: The preliminary plan for this park was approved by the County Planning Commission on October 2, 1972 for ten spaces. A'll spaces are currently occupied. The park is served by County sewer and an on-site well.) - } 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. Potable water is provided by an on-site well Sewer is provided by the County. B. The site has access to Market Street via an existing 30 foot wide easement. C. The site is located in the Ogden VFD District. ' 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.. A. The site is zoned R-15. Mobile home parks are permitted by special use permit in this distirct. B. All e.~cisting lots in the park equal or exceed 10,000 square feet. The minimum lot size required for ne~v spaces is 5,000 square feet. The addition~Of five spaces would reduce the original area of lots 2, 3, 4, 10 and probably 16. C. The 75 setback required along the perimeter cannot be met for units 12, 13; 14 and 15, With some minor "~•~-revisions, it appears the only units that would be able to meet the ~cquircmcnts of the Ordinance would be I 1 and 16. The 75 foot perimeter setback does not apply to: lot 1 I. D. Adequate area is available to ensure the minimum lot width and other dimensional setbacks are met. E. The units would be served by County sewer. Water will be from an on-site well. F. No specific buffering would be required. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity, A. The units would be located in an mobile home park that has been in existence since 1972. The expansion can be accomplished within the existing park boundary... 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. Land to the northnest is zoned commercial ~ ' B. The units would be located in an existing approved mobile home park, I i { ~, 4 nl- -`~~ '.ter .., . , J L4 t~6tl''3~'~J .34 t ,~. , , ~~.~• z PETITION SUMMARY SHEET t r Petition Number: 5-383, 11/95 Owner: John & Gladys Barnes Representative: _ Same Request: Mobile Home Park Expansion Acrea e• 4+ g• Taz ID Number: 43 & 50 Location: -_ Market- ~t-rAA+- LAND USE, ZONING, UTILITIES and SERVICES Land Classification:. Urban Transition Existing Land Use: Mobi 1 P Home P~ rk Zoning History• Area originally zoned August 18, 1971 f I .~ Water_Type:~_Community well .Sewer.Type~ County II Fire District: s2.aden Recreation: -_ Ri a~ r TLTnhI(o Road Access: To US 17 Volume: US 17 : 20 , 000+ ~ School District: - B l a i r MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classifications -- Howe Creek SA (oRwl Aquifer Recharge Area: Primary { Conservation Resources: None ~ Historic Landmarks and Archeological Sites: None ~~ Soil Type(s) and Class: -_ N/A - Site is develo ed Septic Tank Suitability; Prime Agricultural Soils: N/A Building Suitability: Few limits • Tlris page i~rtentiona!!y left blank ~. ., .. , . r r f 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: 4B Consent Item #: Additional Item #: Department: Planning Presenter:.D. Hayes Page Count In Agenda Package: 9 Contact: Pete Avery Special Use Permit - 5-381,-10/95 BRIEF SUMMARY• Request by Cedar Island North Associates to construct a seven slip community boating facility in Cedar Island North Subdivision at the end of Seamist Court. i RECOMMENDED MOTION AND REOUESTEn ACTIONS . The Planning Board recommends denial. FUNDING SOURCE• Federal $: State S: County S:_ User Fees S: Other.S: vloney Is In Current Budget: blew Appropriation Request: 3udget Amendment Prepared: REVIEWED BY• LGL: FIN: BUD: HR: y BOUNTY MANAGER'S COMMENTS AND RE OMMENDATION~, 'f''2esec~-ed_-.. _ ~~~~ ~~~c~~~~~~~~t~~~~~ ~~~~~•~~1gsw RcCcr to Office Vision Bulletin Board Cor Disposition 37 '' S-38 ~: 1, 10/9S: Community Boating Facility ;Cedar Island North Subdivision (The applicant seeks to construct seven (7) boat slips in association with the seven (7) lots that r make up the Cedar Island North Subdivision. In addition to a special use permit, the applicant will have to obtain a Major CAMA and Corps of Engineers related permits.) Planning Board Summary The Board voted 5 to 2 to recommend denial of the applicant's request. In support of that position, the Board had. the following concerns: - The fact that the owners of lots 2 thru S could construct private piers in addition to the planned 'community boating facility.NOTE: Lot 1 already has a private pier and restrictive covenants prohibit lots 6 and 7 from constn~cting-private piers. ~ ` -Because most of the lots had already been sold, the Board felt those property owners should be included as parties to the application. The application simply lists the original developer as the applicant. NOTE: With the exception of lot 1 and 2, the remaining lot owners in the development were notified by the County. -Because lot 1 did not front directly on Seamist Court, there was a concern that it might not meet the Zoning Ordinance requirement that each lot within the subdivision have direct access to the facility via an easement appurtenant to it. - Other issues discussed: slip size, the potential blockage of a small channel traversing the adjoining marsh apparently used by an adjoining property owner, and the specific responsibilities of the Homeowner's Association for the maintenance and operation of the facility. **Since the Planning Board meeting, the applicant has presented documentation that addresses some of the issues raised at the hearing. The Planning Staff received that documentation on October 2S, 1995. Entitled "Agreement and Restrictive Covenants", the document outlines maintenance responsibilities and assessments. for maintenance, forbids conveyance or lease of slips to.third parties, provides for a pedestrian easement for lot 1 across lot 2, and precludes lot owners 2, 3, 4, S, 6, and 7 from constructing a separate private pier--lot 1 already has a, private pier. These conditions have been agreed~to by all current lot owners within the development.** Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public healthor safety if located where proposed and developed according to the plan as submitted=and aPProved. A. Docking and bo.atirig activities will be reviewed by State and Federal agencies. B. No special water and sewer services are needed to serve this use. C. The property is located~:in,the Seagate VFD~District. ;~ 2. The Bo~~d mus `fnd that+t~he~use meets all re uired conditions ands ecifi n 9 p cat~o s of the ~~ng Ordinance: ° ' °~. ~ "~°~'~' <; °~ v fi # . i 3 ~? , » .. _' ~~ 1 . A. Communit boatin facilities are ermitted b s ecial use ermit in the R-20 District. This i Y g P Y p p s to is zoned R-20. B. The size and scope of the marina is small, thus impacts on adjoining estuarine areas and ~- conservation areas are limited. " ~` C. Instead of a central off-street parking lot, the applicant proposed to provide one space for each slip on the adjoining residential lots. D. The number of slips proposed (7) do not "exceed the number of adjoining residential lots. ' E. F No commercial activities wilt be conducted. All lots will be conferred acc th ilit t f , . ess o e ac y. ~ 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: Water dependent uses, such as piers, boat ramps and marinas are commonplace for ~ properties with water access. " B. Adjacent ro erties have similar facilities. P P C. No CAIvIA permit will be issued if the proposed facility interferes with riparian rights of " ~ adjoining properties. ' 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. There are other private community boating facilities nearby. - B. Water related activities are encouraged within the Conservation areas of the County. ~ 39 1 PETITION SUMMARY SHEET Petition Number: 5-381, 10/95 Owner: _ ~'P~ar Tc1 a„A ,~,-+-~, AG~~c. Representative• ~ same' Request:- Communi y Boa i n~F~iri i ity. Acreage: N/A _ Tax ID Number ~ 63 ,~ ~ Location• Seamist Coura LAND USE, ZONING, UTILITIES and SERVICES Land Classification: _• Conserva ion Existing Land Use: Residential/Marsh - '~ _ Zoning $istory: Area oricrina 1~y zoned l~r~ramhar 1 S`~ ~ q~q Wxt~r Type: ' Communi y Fire District: Seagate Road Access: Seamist Ct. School District: Bradley Creek • Sewer Type• County •' Recreation: _ Hugh McRae Volume: Unknown MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Greenville Sound (SB) Aquifer Recharge Area: Gdtside Primary & Secondary Area Conservation Resources: Salt Marsh Historic Landmarks and Archeological Sites: None Soi! Type(s) and Class: Marsh tic Tank Suitability: Unsui •tabl P • Prime Agricultural Soils: None Building Suitability: _ Poor, except for piling supported buildings . • - 'What You IVlust Establish ~'or A • Special -CJse 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- posedand developed according to .the plan as submitted and approved." Slare/nenr by Applicant:/~,, 7/y~, ~o~af~ ~.hn~n.rT~ DoG1Ce~./(. F/1•e!L/Ty ~/KC Noi M.r7~'R/.KCy £Nt~Ar.:/6~ ' P~dt.rG /fc'./-zT~fr- oQ ~S'•f-PtTy. Tits lctv,NrLv dire A~~ .6.fudo girt. F~-TaR~ s~ Srua~Y ~.4iu,v<- .f~vd r,s~s~Qz c.rcc. ~St= .E- a,~-.c....c- ~,.~ ONE :l/Ot. ~ OF ' TPK ~~'1P jb T'HZ' r-co~riNF- ,dciC,Cs'. CoN172/GTo~/ ~/rCC_ /S ~ 7b ro c1 £ . srsrD.t-~Dl. General Requirement #2 . ,The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." Statement by Applicant: ••77tE ~/~P~~~ r-,l.cr~,r~ N/c~ ,vor tr~ntcr- ~r-=, ~,~..~,Q..,,>y er= - TI~ £xrSTr~/h SUQd,vrtronl ./,rry ~-~ Z.aa,~I~~O,ed.r.+.,.+o~ Le 73 ~~. !,~ oP ,F~i .Zv /.2.~TL Si Z E. ~ N~ f,~i... G tc~6r(L.+c /-to.tJ N//.C. ~-r/../ t: r'O a L `. COh6LfTTi~J` aJ/T7~ C'a.~MYy OR~iN~'NGT~. T/~C ~/C(,- g t_ H/~/r.,t-t.. /MPI~-c•T oN ANY Cold. ~r~ ~R/ro11,e/ /~/,[S~tY i4-,2lfS o!t , I.f-r/A.?.i/L. ~ti7"e/~.5. ' • General Requirement #3 ~, .The Board must find "that the use will not substantially injure the value of adjoining or abutting propert or that Y the use is a public necessity." ; - Statement byApplicanG• ` - ~ T/y£ P2oP4tc~ Frt-trG/t~ to/CC ,mac,-• /,~TtiRc. T~,`£. vtcuc vF ,}p,J1„F.,,~1~ .~~ ~ ~ ~ . General Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmon with the y area ~n wh,ch It is to be located and in general conformity with the plan ofdcvelopment for New Hanover County." ' S/aleme-r1 byAppllcaal.• . '~ 77~ P/~Pasr~ Pit-crtrry w~cC fti•N.4r^cC 7/rt. Nt/srFdoRn~-o~D ,f.•~ CaN~Rn wlrN- T,c^L c/tk~.rct~,Q of i}afe~N~./E- P/ZoP~Tr[J Lecr-L /+ro,~+[o.../~.S hND 1NCSJrw,rio.%S FCM-/~2t U/tiTTf2 hI-21 6oh-Ti.vG- A-cC-CSf' ~~~ /tS /t~N /NrS6r<.fZ. • P.F?T-OF TI/`L Co,~ariFC. dXO~RrINCt. ` • The Zoning Ordinance to some instances, also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposcd~use will comply with each ~> specific requirement found in section 72_,_~ (as applicable). HdShe should also demonstrate that the land will be used in a manner consistent with the plans and policies of New 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, informa- tion, and belief. ~~ • 41 • Signature of Applicant and/or Owner • •~, I '~ ~~~ .ff[lt.lltlllf.•t[t...1{frtl.Iltt{.Sa\.t.St...a.ftit.{{lilt\tritttt.[ttt ` •\ \- . ~ (~ ~,.~ ~;.:a4pfa[ttyytlY.t.yay.ItLt.l.f4i{.tt.laWl~11{Y4:Yf. 1.lUW.[t ~ ~ ~.j~ „{ ~ N }(i»-;snsa-assiii::rr--wp-a-si:un::-ns;:m:»iviiiiriii;iiiiii ~ 'I a.aaa..n.nr.t-aa.et».atnu:n.nnu..•rnunu:r.;unt..\..na:.. . p ~ 1~'\ ftsyuu.rt..n:ouurru~srunua.nv.naouu:r-ertu-ett-ttu._~trt ~ ..' r- ~..~ ~ ~ Y \ .. .. .....~..~....... .~....~.. _ 1 i' f1 Q p I~•~-«1srt:nn.u~uu.a...uautlt.n..tna.uluuyata~/.slu[tzl •• 3 ~(r ~.1 2 T. ..6rtfq` 111wN7710 I j' •~ Jf .~!'S: TiiiiiiiSlSy~j. ', 'a..~• '. ia.~ ,~• =. liiil. !a .j • '•t.• 1Y ~i~. ~~~rhhV//~~+ ~i 17. t.i t~: e11-{ .1 Ii.•. J•ti' ~,\• ~tj ~~ I 1 .... 1 ~ . T ~ ,; ~, r ~ ~ 7-a{uu...y~ . y - 1~ t S, z -iii'.llsliYiti ' `• ~ ~ .``i i ~ ~ =icy t!' 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(~ ~ ~ ~ ~ ~ _ 44 o Q ~ Z mom} it Q H, W J Z ~ a w . ~ a o o r ~. ±~, t 1 ' COMMUNITY DOCKING F~,CILITY ~ PLAN VIEV~ ~ - ~ ' 1 ,, r i ;: r r / r' ~/ ~ 1 ~1 r, 1 1 ;~ ~ ;. r r •r c r (~ ,~ ;r i ~ 1 .~ r ~,' ~J ~r •r . , ~, r v~ 1 ~; ' r I r ~r ~ ~ Q'i ! ~; ' l r Cyr ' .~ ~ 1 ~, { A .~ -. ,~ ,, 17 ,,,, ~~~''' r _ /r / ~r r ~l't r r r 1 r r r r F ~ p~~R ~ ~ i AZ~B ~ r ~ f 1 .J FL: ATI(~G D CK 4 ' '~ ~ 1. 7 1 l.! ~ 1, // r Ji 1 M~~ 1 ~ f r l ft ~' ~ ' I f r ~ N f r ~ !' f ! r i- r ! ~ f 1 '- m , 1 r ~ ~ m r ! r r 1~ f ~~ ~1, l 1 r 1 i ~ r •~ ~ i r ~ O r f f,f ~ ~s ( j ~ , fr ! i ! ' ~ I 1 ' °' ~ ~ ~ l ! ~ ` / 5 ~ I f '' PILING ~ ~ ,f I I ~' t ~ j FINGER , •~ ~ . ~ • -~ f ~ ~ ~.. ~ ti ~ ~~ ~ o~ 1 ~ V ~ ~ r~ j r I r f 7 40' SLIPS r ~ ~' ! ~1l ~ . ~' ~ .~ 11 l ~ ~ i /~ ~~~ ,~' 1 ~ ~ ~ it ~ ~~ 85' r (~ ~ r I 1 1 ~ I r ~ ~ o~ I ~ ' ~ ~~ ~ f MEAN TIDE-RANGE=3.8' / • 1 SURVEYED DEPTHS SHOWN f rSCALE 1"=40~ r •• ARE FROM MSL t ! ~ ~ ~ ~ j i 1 ~ r ~ 4 r CEDAR ISLAND NORTH ASSOCIATES f I 812519• ~ ' yo - 1'Q r DRAWN BY STEVE MORRISON ~ CNFFT/ nC/~ ~ 1 1 i i 1 t 1 i 1 i F 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Zegular Item #: 4C Consent Item #: Additional Item #: department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 4 Contact: Pete Avery •Ti0 TL~!"~T. V V L V L' l i 1. • Rezoning - (Z-551, 10/95) BRIEF SUMMARY: Request by Live Oak Development Company to rezone .463 acre at 8100 Market St. to B-1 Business from R-15 Residential. . RECOMMENnFD MOTION AND RE~~tFSTFD ACTIONS •The Planning Board recommends. approval. .• 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: FIN: BUD: ~ HR: ANAGER'S COMMENT AND RE nMM NDATIONS• ~~~~~~~~ ~#....11,..6 f 4S ~ ~ica~•~ Rcfcr to Office Vision $ulletin Board for Disposition 47 ..' . _, Case: Z-551, 10/95; Applicant: Live Oak Development Company Request:. ~ R-15 to B-1 Acreage: .463 Location: Market Street, west side south of Porters Neck Road Planning Board Summary With very ittle discussion, the Board voted unanimously~fo recommend approval of the applicant's request. The Board generally agreed with Staff s recommendations. There was no opposition. Plannir~~ Staff ~~~mmarv This small tract of land is sandwiched between two commercial districts: B-2 to the south (established in November 1990) and B-1 to the north (established in February in 1995). When the latter site was rezoned, Staff recommended this parcel be included so as not to isolate it in a sea of commercial zoning. At the time, the property owner advised the County she did not want it rezoned, so out of respect for that wish, the Planning Board voted not to rezone it. The tract's small size and the fact it is nearly surrounded by commercial zoning make residential development unlikely. For the reasons previously noted, Staff recommends approval. ~~ 48 .. .v ;~, 1~, a .S lt.. - ~tA:' 7 . i _, :A ~ . t PETITION SUMMARY SHEET 1 i ~, ~~ Petition Number: 2-551, 10/95 ~ . Qwner• Danny & Betty Williams Request: R-15 to B-1 Tax ID Number: 2 8 Representative: __ Live- Oak nPV_ Co Acreage: . 4 6 3 Location: 8100 Market St. LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Rural .Existing Land Us'e: Vacant Zonin Hist ~ Area originally zoned. July 7, 1972: Adjacent g ~~ -. .established Sept., 1990. Ad~acerit B- P~t-ahl;Shar~ FPh 1995 •~ ~: Water Type: well ~ ~' Fire District: Ogden Road Access: US •17: Sewer Type• ~ County Recreation: Blair-Noble 'Volume: 14,100 ADT (' 93 count) School District: Blair MISCELLANEOUS PHYSICAL CHARACTERISTICS ~ ' ~r Watershed andWater Quality Classification• Island Creek C (Sw) Aquifer Recharge Area: Primary Recharge Conservation Resources: None Historic Landmarks and Archeological Sites: None Soil Type(s) aad Class: ~ Primarily Rimini (Rn) ; Clays I Septic Tank Suitability: _ _Few limits ^ (~ Prime Agric~Iturxl Soils: None Building Suitability: Few limits _ _ .,. 'WHAT' 'I'OU MUST ESTABLISH TO GET A CI~[ANGE 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 amendments 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? - -It will connect two large commercial parcels and alloy for adequate access, traffic flow, adequate parking and landscaping for a planned retail development along Highway 17. This development will focus retail services in an area that is primarily zoned for commercial activity; thereby precluding encroachment into nearby residential and environmentally sensitive areas. 2, How would the requested zone change be consistent with the property's classification on the Land Classification Map? . The property is classified as "rural" and zoned R-15, but is only 4/10's acre and abuts Nighway 17, and' two large commer- cially zoned parcels.. Its only realistic use is in conjunction • with these commercial parcels. 3. What significant neighborhood change have occurred to make the original zoning inappropriate,. or how is theJand involved unsuitable for the uses permitted tinder the existing zoning? Several nearby parcels that also front on Highway 17 have been rezoned for commercial use in recent years, including the two tracts that abut this parcel. ', . to 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 ottt 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. .50 - 'Signature of Petitioner and/or Owner •, ~' _., ~. ~~1 ,~,, REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Zegular Item #: 4D Consent Item #: Additional Item #: department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 5 Contact: Pete Avery ;TTi2 T~`rm. ~. ~. . Rezoning - (Z-552, 10/95) BRIEF UMMARY: Request by Billy Baker to rezone 1.10 acres at the northeast corner of Greenville Avenue and Oleander Drive to B-1 Business from R-15 Residential. 1 ;RECOMMENDED MOTION AND RE(~UESTFD ACTr~~r~ .: ~ . :_. ,The Planning Board recommends approval. ~' j~ J FUNDING SOURCE• ~~ ~ F ederal S: Statc S: County S: Clscr Fees S: ~j~ Money Is In Current Budgct: New Appropriation Request: Budget Amendment Prepared: 1tEVIEWED BY• LGL: FIN: g~• ~. ~~ A ER' E T A D E M D I ~~ r "U 0~ ~~~0~~6Y ~~~~~ ~1~~~~`~~~~~ --- '~ ReCcr to 0([icc Vision Bullctin Board for Disposition Othcr S: 51 ~. , Case: Request: Acreage: Z-552, 10/95; Applicant- Billy Baker R-15 to B-1 ~- 1.10 Location: Northeast corner of Greenville Avenue and Oleander Drive Planning Board Summary The Board voted unanimously to recommend approval of the applicant's request..,They agreed . with Staff s findings. There was no opposition. . :x One member suggested rezoning the site O-1 and that its depth along Greenville Avenue coincide with the existing 0-I District located in the northwest corner of that intersection. There was no support for that proposal. Planning~Staff Summary This petition includes several rather small parcels, which are adjacent to an existing B-1 District. Land uses in the area include a real estate office, dentist office, church, residential structures, a restaurant, general offices and a golf repair shop. In the past few.months, two adjoining parcels to the northeast have been rezoned to B-1 Business, slightly expanding the size of the existing B- • I District. The other three corners of this intersection are zoned for non-residential uses: one corner is B-2 Business and the other two are O&I Office and Institution. All are developed except for the O-I District in the northwest corner opposite this property. The land in this area is classified Urban Transition in the 1993 Land Use Plan Update. More intense urban type development is encouraged provided public services are available. County sewer and private community water are available. Also, the site has access to a major arterial and a collector road. Policies for growth and development encourage commercial uses to locate. along major roads at or very near intersections with othe_ r major roads. This creates commercial nodes and limits strip development. Increasing the size of the O-I District here instead of the B-1 would be a good way to provide for a better range of transitional uses between residential and non-residential interests. At this location, however, many of those residents are seeking the commercial change: Three occupied dwellings are located in the rezoning area, and development trends indicate residential uses outside the scope of this petition are in a state of decline. It has already been noted the subject parcels are located~adjacent~to;~exrsting~B`-'1`Zoning and are wedged in the northeast corner of an extremely busy rnte section. `Thos"e facto s~aren't likely to change. 52 ~~ ~. ., ~ ~ x'~ .. "U ~ _~~~ _ . e .. ~~~ ~, `~~ `~, ~~ ~,~'. -=, ~~~ ~a ,~ ~~~ ~ t ~~} ;~. Such a change would also be consistent with the Land Use Policies for commercial locations. Recent rezonings on adjoining property, the sites's proximity to a major arterial, the availability of public services, and consistency with the Land Use Plan all suggest that B-1 Zoning for these properties is appropriate. If the Board, however, feels that the encroachment along Greenville Avenue is too severe, then the depth could be limited to coincide with the O-I Zoning across the street. Staff recommends approval. 53 PETITION SUMMARY SHEET Petition Number: Z-552, 10/95. Owner Weathersbee , Miller & Baker Representative: Ai 7 i v Rakar Request: R-15 to B-1 Aceea e. 1-10 1.., g' Tax ID Number: 6200 Location: Oleander Dr. & Greenvil?~' '~ LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Urban Transition Residential Existing Land Use: Zoning$istory• ~' Area originally zon d August 17. 1971 • Adiacent • land zoned September, 1995 Watcr Type: Commun i tv /we 1 1 Fire District: Seagate Road Acccss:- Oleander Dr. /Greenv School District: Bradley~.CreAk Scwcr Type• Sewer ' Recreation: - Huqh McR,3 e ,~I Ave Volumc: - ~ 8, ~ nn nnm (.' 93 counti' ,~ i MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Bradley Creek (Sc) ~`-• Aquifer Recharge Area• Outside Primary ~ Secondarv Areas '~ Conservation Resources: N/A ~" r. $istoric Landmarks and Archeological Sites: None Soil Type(s) and Class• Primarily Wakulla, Class I ~~ptic Tank Suitabili •; Suitable • _ '_ __ ty None Prime Agric~lturxl Soils: Building Suitability: _ Slight _ _ ~` - . 4~ ' . ,.:~f '~VH~T ~'O~T MUSS' ES'~A.BLYS~3C TO G~~~ -~_ c~:~rtG~ o~ zoN~vG or P~o~E~~~:T . ~' Your intended use of propcrty upon rezotiin is tom letcl 8 p y Irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be taa;:e in accordance with a comprehensive plan. Since amendments to zoning maps should also be bas?d ,;: 1 a Land Usc Plan, you must explain in the space below how your request satisfies each of the fellrnr- ing requirements. ~l~~ 1. How would the requested change be consistent with the County's Politics for Growth z:~d Development? Currently all of the properties adjacent to subject property are zoned ObI or B-1, ,- therefore leaving said property as R-15 would not be consistent with surrounding properties usage. 2. How would the requested zone change be consistent with the property's classification o;t dI~ 7.a.: Classification blap? Rezoning to B-l would bring the subject property in sink vlth current zoning of surrounding and adjacent properties. 3. 1Yhat significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? At this time alI of the proper.tles surrounding and/or adjacent [o subject property have been and/or zoned either B-1 or ObI therefore leaving these two properties as R-15 Residential, not current With current property usages in this area. t „>~f In signing this petition, I undcrst~nd that the existing zoning map is presumed to be correct and the: ; ltavc the burden of proving why a change is in the public interest. I further understand that the sin• t ~ filing out of one parcel of land for special zoning treatment unrelated td 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. .~~~ . ~~ Sig curt of Petitioner and/or Owner - 55 ~, ~~, .r i b ~~s ~~ ~~ ,~ . ~~ `~ . ~~, ,~; S f ` 'REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: 4E ~ Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 8 Contact: Pete Avery SUBJECT: ~ , Zoning Text Amendment (Appealed Case) BRIEF SUMMARY, R~;quest by Jack Stocks, RLS to delete current drainage standards applicable to performance development subdivision and replace them.with Statewide Stormwater Guidelines applicable to coastal counties. . RECOMMENDED MOTinN AND RE0~IF,STED ACTT(~NS . ~ ...The Planning Board recommends denial.: ~ . ;. u ,~, .~ r k'UNDING OURCE• . Federal S: ~ State S: County S: User Fees S: r Money Is In Current Budget: IYew Appropriation Request: Budget Amendment Prepared: Other S: REVIEWED B~, LGL: FIN: BUD: ~; T A ER' T AND R nMMENDATIONS• • p~lieh5.~v+c e I s ni4~re~ ! Al~aw,l.~ue 1 ssu~ ~!•a b~Olr,e ., . r . v a ~,..:.~ ~0~9r'~~Y ~~~,"~~~~~~D~~~.~~~ ~,be 57 Refer to Office Vision Bulletin Board for Disposition A-266, 10/95: Drainage Standards-Request to Revise the Run-offRate Standards for Performance Development Subdivisions. (Zoning Ordinance) ' '~ r Planning Board Summar~+ With little discussion, the Board voted unanimously to recommend denial of the applicant's request. Following the lead of Assistant County Manager Dave Weaver's recommendations, the Board agreed this issue should receive additional study before changes, if any, are made. Mr. Weaver suggested the formation of a committee comprised of engineers, surveyors and related ~ ~,., disciplines be formed to study the matter. NOTE: The applicant was not present at the Planning Board meeting. ~` Planning Staff Summary , rApplicant: Jack Stocks, RLS ~ ~ l Applicant's Request: Revise 51.5-2. 4. A. Run-offRate Standards by deleting subsection (1) and (2) and replacing with the following language: ~ -~ A. Runoff Rate Standards (1) Stormwater runoffrat shall be in compliance with the State of North arolina nPraartme^r ~f atural Health Anv;rnnment and Nat ,ral RPCn„rrPC r~;v;c;nn ~f F^~;~^^^~ental Mana • PmPnt Administrative ode• 15 NC`A(` 2H 1000 SmrmwatPr Runnffl~;c~,cal. (A copyof these regulations is attached hereto.) '. Current County Requirement: "A. Runoff Rate Standards (1) Stormwater runoffwill be managed and structures appropriately sized such that the peak rate of discharge from the site after completion of development for any storm in size up to and _ including the specified design storm, shall not exceed the peak rate of discharge from.the site in its previous natural condition for the specified design storm. The design storm is specified as occurring once every 10 years and lasting for 24 hours. (12/1/84) (2) Discharge of runoff from impervious surfaces directly into natural water bodies shall not be allowed. Runoff shall be routed along vegetated swales, through filter media of vegetation, gravel; sand, or other media, or to detention ponds for the purpose of increasing percolation and settling and filtering out of non-point pollutants.(12/1/84)" .Staff Summary Performance development regulations were adopted by the County on January 4, 1982. At that ~ time; the ordinance required a number of design features, including that "a drainage plan as . ~ ~~required by•the~County Engineer" be"submitted. However, no specific design standards were -° ~~ ~ ~~'specified, °leaving,County Engineenng~w~de{latitude in approving drainage plans. it'd ~ ~~'~;~`~k•t~ 1~4c}~ting concern over~urban runo.ff,~especially for development adjacent to estuarine areas, • ,. ,; ~k r .~. 1 ~~~ lead to a several amendments dealing with runoff rate standards. Ado ted in November 1983 P , .these amendments established two basic requirements: 1) on-site retention or percolation areas ` were to be provided to capture the first inch of runoff; and, 2) that stormwater runoff from all antici ated im ervious surfaces be mana ed so that h r P P g t e peak ate of discharge from the site for the specified design storm not exceed the peak rate of discharge from the site in previous natural ,~ .condition. The design storm is specified as occumng once every 10 years'and lasting 24 hours. The revision also established a requirement that there be no direct discharge into a natural water body and all runoff be routed along vegetated swales, through filter media of vegetation, gravel, ~' sand or other media, or to detention ponds. The regulations were amended again in December 1984, this time to coincide with the drainage standards imposed for the Conservation Overlay District. However, the changes were minor, thus the basic requirements were not changed. . All performance development and Planned Development Districts must comply with the runoff rate standards mentioned above. Also, all development associated with a conservation resource will have to comply with runoff rate standards and meet additional retention standards. The retention can be between .25 inches and 1.0 inch, depending on the value of the affected conservation. resource. "~~ Conventional subdivisions, those where each lot meets or exceeds the minimum lot area of the zoning district in which it is located and complies with the traditional front, side and rear yard setbacks,. do not require specified runoffrate standards like its aforementioned counterparts. Instead, the Subdivision Ordinance requires that the County Engineer review all drainage construction "for conformance with applicable minimum standards and details approved by the Board of Commissioners." Staff Recommendation The primary difference in the County's performance requirement acid State's regulation is that the County requires retention of the .first inch of runoff in all cases, whereas the State specifies that some development situations do not require retention at all. For example, the State requires only the use of vegetated swales (they call them vegetated conveyances) if the proposed development. is farther than one-half mile from SA waters and the built upon area is 30% or less, or it consists ofsingle-family residences on lots one-third of an acre or greater with a built upon area of 30% or less. Only if the development exceeds this built upon area would the State require the use of .stormwater collection systems, such as wet detention ponds or infiltration systems. If a project was to be located within one-half mile of SA waters, no collection system would be required if the built upon area is 25% or less, or it consists of single family residences on lots one-third of an acre or greater with a built upon area of 25% or less. ~} In each of the development scenarios noted above, the County's performance development process and/or the County's conservation resource regulations would require a stormwater collection system because of our higher retention standards. Similar standards apply to projects ~~, approved under planned development districts. 59 ~- _ The performance subdivision concept was established as an alternative develo ment a roach to P PP the traditional method of creating individual, cookie-cutter type lots for sale. Its basic premise is that in return for design concessions;, that is permitting smaller lots, allowing clustering, permitting ~~ mixed residential uses or offering flexible setbacks standards, the developer would adhere to certain performance criteria, such as limits on clustering in the 100 Year Flood Plain and ' providing, for stormwater controls above and beyond those imposed on traditional lot layouts. ~ J It seems inconsistent to promote performance based development without~performance based ~' standards. This type of development should involve all design realms, including the~way drainage is addressed. Simply leaving it up to State agencies that are constantly changing their standards to address broader state-wide concerns would appear inadequate and shortsighted. The County has 1 ..consistently applied its performance based drainage standards for over twelve years and sees no reason to abandon them at this time. In fact, given the recent drainage problems encountered with various developments throughout the County, regulations should probably be expanded and .strengthened rather than deleted. :~ Staff recommends denial of the petition. ~ ' ~ ~' ~~ ,. . ~ry ~ ~ .. ' ~ ~ .~ ~' 60 .~ - -~ protective covenants and a signed agreement to provide final recorded articles shall be accepted when final documents are not•available at the time of submittal. ~ ' ~ (b) Permit Issuance and Compliance: Stormwater management permits shall be issued in a manner __.. consistent with the following: 1 ' , (1) Stotmwater management permits issued for low density projects shall not require permit renewal. (2) ~ Stormwater management permits issued for projects that require the construction of engineered stormwater control measures shall be issued for a period of time not w exceed 10 yeas. Applications for permit renewals shall be submitted 180 days prior~to the exp'u-ation of a permit ~~ and must be accompanied by the processing fee described in Paragraph (f). ' (3) Stotmwater management permits shall be issued to the developer or owner and shall cover the entire master plan of the project ("stormwater master~plan permit"). The master plan permit shall ;~ include specifications for stormwater management measures associated with each individual lot or property within the project. . (4) Any individual or entity found to be in noncompliance with the provisions of a stormwater ' ~ management permit or the requirements of this Section is subject to enforcement procedures as . set fort in Chapter 143 Article 21 of the N.C. General Statutes. • History Note: Statutory Authority G.S. 143-214.1; 143-214.7; 143-215.1(d); 143-215.3(a)(1); c • E„Q: January 1, 1988; ` ~ •• Amended E,Q: September 1, 1995. !' " .1004 STATEWIDE STORMWATER GUIDELWF,S - `~1 ' Histo Note: Status ry ory Authority G.S. 143-214.1; 143-215.3.(a~(1); l43-21S.8A E,(~: January 1, 1988; ' Repealed E,Q: September 1, 1995. .1005 STORMWATER REQUIItEMENTSi COASTAL COUNTIES All development activities within the coastal counties which require a stormwater management permit in ~' accordance with Rule .1003 of this Section shall manage stormwater runoff as follows: (1) development activities within the coastal counties draining to Outstanding Resource Waters (ORS shall meet requirements contained in Rule .1007 of this Section: ~~' (2) .development activities within one-half mile of and draining to SA waters or unnamed tributaries to SA waters: ' ' (a) Low Density Option: Development shall be permitted pursuant to Rule .1003(d)(1) of this Section if the development has: . (i) built-upon area of 25 percent or less; or proposes development of single family ~ residences on lots with one-third of an,acre or greater with abuilt-upon area of 25 `~~, percent or less; . (ii) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater. collection system as defined in Rule .1002 of this ~` Section; (iii) a 30 foot wide vegetative buffer. • (b) High. Density Option: Higher density developments shall be permitted pursuant to Rule .1003(d)(2) of this Section if stormwater control systems meet the following criteria: ~ ~ (i) no direct outlet channels or pipes to SA waters unless permitted in accordance with 15A NCAC 2H .0126; (ii) control systems must be infiltration systems designed in accordance with Rule .1008 of ~~ this Section to control the runoff from all surfaces generated by one and one-half inches ' of rainfall. Alternatives as described in .1008(h) of this Section may also be approved if i they do not discharge to surface waters in response to the design storm; c~ (iii) runoff in excess of the design volume must flow overland through a vegetative fi~ '~ designed in accordance with Rule .1008 of this Section with a minimum length of30 ` ~ feet measured from mean high water of SA waters; ,~ (3) development activities within the coastal counties except those areas defined in Items (1) and (2) of ' this Paragraph: • (a) Low Density Option: Development shall be permitted pursuant to Rule ..1003 (d)(1) of this Section, if the development has: ~ (i) ~ built-upon area of 30 percent or less; oc proposes development of single family residences on lots with one-third of an acne or.greater with abuilt-upon area of 30 • percent or less; ~~~ (ii) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this • Section; .. .. (iii) a 30 foot wide vegetative buffer. ~ .~. • ' . ~,. (b) High Density' Option: Higher density developments. shall be permitted pursuant to Rule .~ .1003(d)(2) of this Section •if stormwater contrd systems meet the following critEria:~ ' (i) `control systems must be infiltration systems, wet detention ponds or alternative stormwater management systems designed in accordance with Rule .1008 of this Section; (ii) control systems must be designed to control runoff from all surfaces generated by one inch of rainfall... ~ ~ .. : ` !~ History Note: Statutory Authority G.S. 143-214.1; 1.43-214.7; 143-215.1; 143-215.3(a); E,B: September 1,' T99S. ~,.~ .1006 STORMWATER REQUIREMENTS: HIGH QUALTI-Y tiYATERS All development activities which require a stormwater management permit under Rule .1003 of this Section and are within one mile of and draining to waters classified as High Quality Waters (HQW) shall manage stormwatr;r runoff in accordance with the provisions outlined .below.' More stringent stotmwater management measures may be required on a'case-by-case basis where it.is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters. ` (1) All waters classified as WS-I or WS-II (15A NCAC 2B .0212 and .0214) and' all' waters located in the coastal counties (Rule .1005 of this Section) are excluded from the requirements of this Rule since they already have requirements for storutwater management. (2) Low Density Option: Development shall be permitted pursuant to Rule .1003(c)(1) of this Section if ' the development has: (a) built-upon area of I2 percent or lessor proposes single family residential development on lots of one aae or greater, ' (b) stormwater runoff'Irarts"ported primarily by vegetated conveyances; conveyance .system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; (c) a 30 foot wide vegetative buffer. (3) High Density Option: Higher~density developments shall be permitted pursuant~to Rule :1003(c)(2) of this Section if stormwater control systems meet the following criteria: (a} ~ control systems must be wet detention ponds or alternative stormwater management systems designed in' accordance with Rule .1008 of this Section; • (b) control systems'must be designed to control runoff from all surfaces generated by one inch of ` rainfall. ~ . v History Note: StarutoryAuthoriryG.S.143-214.1;:!43-214.7; 143-215.1; 143-215.3(a); ' EJJ: September 1, 1995. ~ •~ - - ~ .. .~ .1007 STORMWATER REQUIREMENTS: OUTSTANDING RESOURCE WATERS All development activities which, require a storniwater management permit under Rule .1003 of this Section `and which drain. to waters classified as "Outstanding Resource Waters (ORW) shall manage stormwater runoff in .< accordance with the provisions of this Rule. Water quality conditions shall clearly maintain and protect the ' ou ng resource values of waters classified as Outstanding Resource Waters (ORW). Stormwater m~ent strategies to protect resource values. of waters classified as ORW shall be developed on a site spe~c~ basis during the proceedings to classify these waters ~as Ol2W. The requirements of this Rule serve as the minimum conditions that must be met by development activities. More stringent stotmwater management measures may be required'on a case-by-case basis where it is determined that additional measures•are required to protect .water, quality and maintain existing and anticipated 'uses of~ chest waters. . ~' t> .,~~ ~~ L ~ `~ s ~~~r Rule .1003 of this Section and which drain to freshwaters classified az ORW shall manage stormwater runoff az fo~lows::'~ (a) Low Density Option: Development shall be permitted pursuant to Rule .1003(d)(1) of this Section if the development has: (i) built-upon area of 12 percent or less or proposes single familyresidential development ~~~'' on lots of one acre or greater, .~ . (ii) stormwater nmoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete•stormwater collection,system az defined in Rule .1002 of this . Sectioa; and ~ •, • (iii) a 30 foot wide vegetative buffer. . (b) High Density Option: Higher density developments shall be permitted pursuant to Rule • , .1003(d)(2) of this Section if stormwater control systems meet the following criteria; (i) control systems must be wet detention ponds or alternative stormwater management systems designed in accordance with Rule .1008 of this Section; and (ii) control systems must be designed to control runoff from all surfaces generated by one inch of rainfall. (2) Saltwater ORWs: Development activities which require a stormwater management permit under Rule .1003 of this section and which drain to saltwaters classified as ORW shall manage stormwater runoff az follows: (a) Within 575 feet of the mean high water line of designated ORW areas, development activities shall comply with the low density option az spewed in Rule .1005(2)(a) of this Section. (b) Projects draining to saltwaters classified az ORW chat impact the Areas. of Environmental Concern (AEC), determined pursuant to G.S. 113A-113, shall delineate the ORW AEC on the project plans and conform to low density requirements as specified in Rule .1005(2)(a) of this Section within the ORW AEC. (c) After the Commission has received a request to.classify Class SA waters as ORW and given permission to the Director to schedule a public hearing to consider reclassification and until such time as specific stormwater design a-iteria become effective, only development which meets the .. ...requirements of Rule :1003(d)(3)(A),(B) and. (C) and Rule .1005(2)(a) of this Section shall be approved within 575 feet of_the mean high water line of these waters. History Note: Statutory Authority G.S. 143-214.1; 143-214.7; 143-215.1; l43-215.3(a); E~: September 1, 1995. . .1008 DESIGN OF STORMWATER MANAGEMENT MEASURES (a) Structural Stormwater Control Options. Stormwater control measures which may be approved pursuant to this Rule and which shall not be considered innovative include; (1) Stormwater infiltration systems including infiltration basins/ponds, swales, and vegetative filters; , (2) Wet detention ponds ;and (3) Devices approved in accordance with Paragraph (h) of this Rule. AlI stormwater uranagement structures are subject to the requirements 'of Paragraph (c) of this Rule. (b) Innovative Systems. Innovative measures for controlling stormwater which are not well established through actual experience may be approved on a demonstration basis under the following conditions: (1) There is a reasonable expectation that the control measures will be successful; (2) The projects are not located near High Quality Waters (HQW)• . (3) Monitoring requirements are included to verify the performance of the control measures; and (4) Alternatives are available if the control measures fail and shall be requucd when the Duector determines that the system has failed. .. (c) General Engineering Design Criteria For All Projects. (1) The sine of the system must take into account the runoff at the ultimate built•out potential from all surfaces draining •to the .system, including any off-site drainage. The storage volume of the system shall be calculated to provide for the most conservative protection using .runoff calailation methods described on pages A.1 and A.2 in "Controlling Urban Runoff: A Pr~~ . Manual For Planning And Designing Urban BMPs" which is hereby incorporated .by reference not including amendments. This document is available through the Metropolitan Washington (D.C.) Council of Governments at a cost of $40.00. 'Ibis-method is also described in the Division's document "An Overview of Wet,Detention Basin Design." Other engineering ~. (2) All side slopes being stabilized with vegetative cover shall be no steeper than 3:1 (horizontal to ,~ ' vertical); ,. (3) ,All stormwater management structures shall be located in recorded drainage easements for the L purposes of operation and maintenance and shall have recorded access easements to the nearest bli ri h = f ~~` . pu c g t o --way. These easements shall be granted in favor of the party responsible for. ' .•' operating and maintaining the stormwatef management structures; • : ~ ~:.~~; - (4) Vegetative filters designed in accordance with Paragraph (f) of this Rule-are required from .the ~• • ,overflow of all inf-iltration systems and discharge of all stormwater wet detention ponds,•Tbese' . ~ `• •~~ filters shall be at least 30 feet in length, except where a minimum length of 50•feef is required • . .:~ in accordance with Rule .1005(2)(b)(iii) of this Section; ~ ~ ~ • .. • • ' ;(5) Stormwater controls shall be designed in accordance with the provisions of this Section. • Other designs may be acceptable if these designs titre shown by the applicant, to the satisfaction ~~ of the Director, to provide equivalent protection;" ~ . (6) In accordance with the Antidegradation Policy as defined in 1SA NCAC 2B .0201, additional control measures may be required on a'caze-by-case basis to maintain and protect, for existing and anticipated uses, waters with quality higher than the standards; and (7) . Stormwater control measures used foe sedimentation and eiosion control during the~conswcuon r phase must be cleaned out-and returned to their designed state. (d) Infiltration System Requirements. Infiltration systems may be designed to provide infiltration of the entire design rainfall volume required for a site'or a series of successive systems maybe utilized. Infiltration may also be used to pretreat runoff prior W disposal in `a wet detention ponds. The following arc general requirements: (1) Infiltration systems shall be a minimum of 30 feet` from surface waters and 50 feet hom Class SA waters; . (2) Infiltration 'systems shall be a minimum distance of 100 feet flout water supply wells; , (3) The bottom of infiltration systems shall be a minimum of two~fect above the seasonal high , water table; ' (4) Infiltration systems•musf be designed such that runoff •in excess of .the design volume by-passes . ~ the system and does not•flush pollutants through the system; (5) • Infiltration systems must be designed to completely draw down. the design storage volume to the seazonal high water table under seasonal bigli water conditions within five days and a hydrogeologic evaluation may be required to determine whether the system can draw down ,in ~ ,, five:days; ... (6) Soils must have a minimum hydraulic conductivity of 0.52 inches per hour to be suitable for ,, infiltration; (7) Infiltration systems must not be sited on or in fill material, unless approved on a case-by-case basis under Paragraph (h) of-this Rule; (8). Infiltration systems may be required on a case-by-eau basis to have an observation well to provide ready inspection of the system; and (9) If runoff is directed to infiltration systems during construction of the project, the system must . be restored to design specifications after the,proje.a is complete and the entire drainage area is ' + stabilized. ~ - • (e) Wet Detention Pond Requireuents. These practices may be used as a primary treatment device or as a secondary device following an infiltration system. Wet detention ponds shall be designed for a specific pollutant removal . Spec requirements for these systems are as follows: • ~~ ~ ~, ~ ' (1) The design 'storage volume' shall be .about the permanent pool; ~ . (2) The discharge rate from °tliese systems following the one inch rainfall design storm shall be such that the draw down to the: permanent pool level occurs within' five days, but not in less thane two days; ». ~; (3) The design permanent pool level mean depth shall be a minimum of three feet and shall be designed with a surface area sufficient to remove 85 percent of total suspended solids.. The design for 85 percent total suspended solids removal shall be based on "Methodology for Analysis of Detention Basins for Control of Urban Runoff Quality" which is hereby, -~ incorporated by reference not including subsequent amendments. This document is available ~ * ~~ • from-the U.S. Environmental Protection Agency:(Document number EPA440/5-87-001) at no cost;' } _+ F lJ (4) : The inlet structure must be designed to minimize turbulence using baffles or other appropriate .~, .' •• design features and shall be located in a manner that avoids short circuiting in the pond; (5) - Pretreatment of the runoff by the use'of vegetative filters''may be used w minimize _ , • sedimentation and eutrophication Hof the detention `pond; ~` . the pond; • ~ . . ~~% (7) The basin side slopes for the storage volume above the permanent pool shall be stabilized with vegetation down to the permanent pool level and shall be designed in accordance with . Subparagraph (c)(2)~:`•' (8) The pond shall be ~desigried with side slopes no steeper than 3:1 (horizontal to vertica]); ~~~ (9) The pond shall.be desigried~to provide for a vegetative shelf around the periuleter of the basin. This sbelf shall be gentl}% sloped (6:1 or flatter) and shall consist of native vegetation;'•and (10) The pond shall be; de'signed:to account for sufficient sediment storage to allow for the proper. ';~ operation.of.tbe facilifX.belween scheduled cleanout periods,•. T (f) Vegetative Filter Requirements.; Vegetative filters shall be'used as anon-structural method for providing additional infiltration, 5ltermg of pollutants and minimizing stormwater impacts. Requirements for these filters ~' are az follows: • . .: ' ... . ~ ~ '. • ' (1) A distribution device such as a Swale shall be used to provide even distribution of runoff across the width of the vegetative filter; • • ; ` (2) The slope and length of the vegetative filter shall be designed, constructed and maintained so azto provide anon-erosive velocity of flow through the filter foe- the 10 ear storm and shall y . have a slope of five percent or less, wbere practicable; and (3) Vegetation in the filter may be natural vegetation, grasses or artificially planted wetland ~r vegetation appropriate for the site characteristics, ' (g) Curb Outlet Systems. Projects .that meet the low density provisions of Rules .1005 through .1007 of this ,~ Section may use curb and gutter with outlets to convey the stormwater to grassed swaIes or vegetated areas ` prior to the runoff discharging to vegetative filters oc wetlands. Requirements for these curb outlet systems are ~ as follows: (1) The curb outlet shall be located such that the Swale or vegetated area can carry the peak flow from the ten year storm and the velociry of the flow shall benon-erosive; . ` (2) ~ The longiardinal slope of the Swale or vegetated area shall not exceed five percent, where practicable; ' • (3) The side slopes of the Swale or vegetated arcs shall be no steeper than 5:1 (horizontal to vertical). Where this is not practical due to physical constraints, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided; (4) The minimum length of the Swale or vegetated area shall be 100 feet; and j,~, (5} In sensitive areas, practices such as check dams, rock or wooden, may be required to increase deten~on time within the Swale or vegetated area. '"' (b) Alternative Design Criteria. In addition to the control measures outlined in Paragraphs (b), (d), (e), (f) t~; and (g) of this Rule , stormwater management systems consisting of other control options or series of control options may be approved by the Director on a case-by-case basis, This approval shall only be given in cases where the applicant can demonstrate that the Alternative Design Criteria shall provide equal or better stormwater control, equal or better protection of waters of the state, and result in no increased potential for nuisance conditions. The criteria for approval shall be that the stormwater management system shall provide for 85 'percent average annual removal of Total Suspended Solids and that the discharge rate from' the system meets one of the following: (1) the discharge rate following the one-inch design storm shall be such that the runoff volume . draws down to the pre-stone design stage within five (5) days, but not less than two (2) days; . or ~~" (2) the post development discharge rate shall be no larger than pr•edevelopment discharge rate for the one year 24 hour storm. (i) Operation and maintenance plans. Prior to approval of the development by the Division an operation and ,~~ maintenance plan or manual shall be provided by the developer for stormwater systems, indicating the operation and maintenance actions that shall be taken, specific quantitative criteria used for determining when those actions shall be taken, and who is responsible for those actions. The plan must clearly indicate the steps that ~~ shall be taken and who shall be responsible for restoring a stormwaeer system to design specifications if a failure occurs and must include an acknowledgement by the responsible party. Development must be maintained ``° consistent with the requirements in these plans and the original plans and any modifications to chest plans must be approved by the Division. ' ~ (j) System Design. Stormwater systems must be designed by an individual who meets any North Car occupational licensing mgnirements for the type of system proposed. Upon completion of construction, the designer for the type of stormwater system installed must certify that the system waz inspected during ~; construction, was .constructed in substantial conformity with plans and specificadoru approved by the Division and complies wrth the requirements of this Section prior to issuance of the certificate' of occupancy. 1 ~~, f 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: 4F Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 1 Contact: Wanda Coston SUBJECT: NC Small Cities Community Development Block Grant Program -Housing Development (I ID) BRIEF SUMMARY• Solicit proposals for Housing Development. Projects in this category are intended to provide benef t to low and moderate income persons. The objective of the HD program is to support projects that create additional units_of affordable single family and/or multi-family housing. RECOMMENDED MOTION AND REQUESTED ACTION . '~~ Request that the Board of Commissioners conduct a public hearing for citizen comments on November 6, 1995.. 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• w LGL: FIN: BUD:. HR• ,~J BOUNTY MANAGER'S OMM NTS AND RE nMMENDATIONS Recommend the Board of Commissiones conduct the first of two public hearings. to solicit ~` proposals. The next public hearing will be scheduled the first meeting in December. Please see Wanda Coston's memo (attached) describing the purpose of the hearing. V ~ }~ea.r d f~ ~n ii~~~ ~~ ((~~~~jr'r ~ ;; ,,.,~,„ ;,,,~ ~~ `~ ~~ (~ . (o I "'' ~ Refer to OfTice Vision Bulletin Board for Disposition ~`R _ ~~;..,_e, _ ~~ ~~mr~~-~~ ave.r~` ApQp~~r~~ve d 56-!!~~~s w t J i'lrottedi na u1 / i'R Dgrl Yla l~-vaDSi£9 NEW HANOVER COUNTY INTER-OFFICE ~~~ ~~ . ~~ MEMO~~ . :. ~1 .._~. . ~. _ _ ,_ r TO: • Allen O'Neal,-County Manager FROM: Wanda Coston, Planner~~~, DATE:. October 27 .1995 ~ ~ ~ .~ ... 1. y~ RE: ~ ~ - Citizen Participation in the Community' .. Development Block Grant (CDBG) Application Process Excerpt from CDBG Guidelines: ~r r "In order to meet the minimum reduirements for citizen participation during the CDBG application phase, applicants must hold a public hearing to obtain citizens' comments at the beginning of the application process, and another hearing after the application is drafted but prior to its submission to Division of Community Assistance. ,Public hearing notices must be published /'~( ' at least once in the nonlegal section of a newspaper having general circulation in the area. The ~, notice must be published at least ten but no more than 25 days before the date of the hearing. The notice of public hearing to obtain citizens' views after the application has been prepared, but prior to its submission to the DCA, must also contain a description of the proposed project(s), including proposed project location, activities to be carried out, and total costs of activities. Public hearings must be conducted by the governing board of the applicant in accordance with 4NCAC19L Section 1002." ' ..~ + ,~ t _. ~4 ` _ ~~Y _ ~ ~_ .r_- 4 i~ ~l 68 ~ ~ . . ,; , _ ~.. R ,:t.~. ..~ .. n, . . .. L; ~r; S .~` ~ 1 5 ,~~~ t ~~r REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular~Item #: 5 '~ Consent Item #: 'Additional Item #: Department: Legal Presenter: Wanda M. Copley Page Count In Agenda Package: 4 Contact: Wanda M. Copley SUBJECT: - Ordinance permitting the posting of signs to prohibit the carrying of concealed handguns on certain County property. - ~RIEF SUMMARY: On December 1, 1995, a new law will allow private citizens to carry concealed handguns. The law authorizes Counties to adopt an ordinance to permit the posting of signs that prohibit the carrying of concealed handguns on County property. ~~ RECOMMENDED MOTION AND R n STED ACTIONS• Consider adoption of ordinance. .~ . FUNDING SOURCE: Federal S: ,State S: County S: 0.00 User Fees $: ~ Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: .. REVIEWED BY: ` LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT S~UNTY MANAGER' COMMENTS AND RECOMMENDATIONS• - Consider adoption of ordinance. This would be the first reading. If the vote on the first reading is not unanimous, a second reading is required. ~~ Refer to Oflice VisionBulletin Board;for:Dispositi_on1 -~ ~.~ ~~gtY1a - RG~4itf~Q~ c NEW HANOVER COUNTY INTER-OFFICE CaCaj3y ~ \.... MEMO ~~Q~~~` "k ~~ `~<;: ~~C:y`:...~~.~~....c~'~"ySi::i>\.:c.~V::.'<~\`:~:~\::u. i~\". ~~c,C, y\. ~ .~. Zn ~C~ r T0: Allen O'Neal, Co my Manager FROM: Wanda Coston, Plan r~~~ j0`- DATE: October 27, 1995 ~: Citizen Participation in the mmunity Development Block Grant (CDBG) Application Process Excerpt from CDBG Guidelines: "In order to meet the minimum requirements or citizen participation during the CDBG application phase, applicants must hold a public heari to obtain citizens' comments at the beginning of the application process, and another heari after the; application is drafted but prior to its submission to Division of Community Assistance. ublic bearing notices must be published at least once in the nonlegal section of a newspaper Navin general circulation in the area. The ~ notice must be published at least ten but no more than 25 d s before the date of the hearing. The notice of public hearing to obtain citizens' views a er the application has been prepared, but prior to its submission to the DCA, must also con in a description of the proposed project(s), including proposed project location, activities to be ca ied out, and total costs of activities. Public hearings must be conducted by the governing boa d of the applicant in accordance with 4NCAC 19L Section 1002." ~ - 4 !r 0 ~ ! ~ -• u f { s .y.°1 _.n. hMj i` .. ~ d f a .t 1 ~~' NEB HANOVER COUNTY INTER-OFFICE ,.,~,:~::: w ....w ........:. ,.. . JL I JC ~~O :....~>..::.:r.;>;....:a,i>~.:v,~.,,::.,»:::::;::~ ,:c?.:?rtia•,:....~~::::a:::~:.•:>.,•,,vx.,,,,;.?~»•a.,v::.y>v:ov>,~:.,,,,~o~,ca?...5•.;y,..:.».•,.,,•,•,i;;>.:'wmii:<.L::::r MEMORANDUM: TO: New Hanover County Board of Commissioners ~~~ ~ Nov FROM: Wanda M. Copley, County Attorney ~; RE: Concealed Handgun Ordinance ,~ ' DATE: October 17, 1995 '~: On December 1, 1995 a new law, N.C.G.S. Chapter 14, Article S4B, will go into effect which will allow private citizens to carry concealed handguns if they obtain a concealed handgun permit. This new law would allow people to carry concealed handguns onto county property, including County offices and County Commissioner meetings. . The new statute authorizes counties to adopt an ordinance to permit the posting of signs that prohibit the carrying. of concealed handguns on County property. Violation of this statute is a Class 2 misdemeanor, and to carry a concealed handgun on posted County premises would be a violation of this law. If the Board desires to restrict the carrying of concealed handguns on County property, you must adopt an ordinance and conspicuously post a prohibition statement on all property where you ~~ want concealed hand uns excluded. Please note that the rd' ~, g o finance will not apply to a vanety of persons, such as off-duty, sworn-law enforcement officers. I will be presenting a draft ordinance for your consideration at the November 6, -1995 meeting. WMC/kc cc: County Manager Clerk to the Board ~' 71 ~; ~DRAF; The Board of Commissioners of New Han ve o r County hereby enacts the following to be , codified in Chapter 12, OFFENSES, New Hanover County Code: - ORDINANCE PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF CONCEALED HANDGUNS ON CERTAIN COUNTY PROPERTY WHEREAS, Chapter 398 of the 1995 Session Laws changes prior law by establishing a system that will allow private citizens to obtain permits to carry concealed handguns; and WHEREAS, the New Hanover County Board of Commissioners is concerned about the increased presence of concealed handguns on County property and about the threat that such increased presence will pose to-the health, safety, and general welfare of the community; and WHEREAS, N.C.G.S. Section 14-415.23 authorizes Counties to adopt ordinances to permit the posting of a prohibition~against carrying a~concealed handgun; in accordance with N.C.G.S. Section 14=415.11(c), on County buildings, their appurtenant premises, and parks; and WHEREAS, it is the intent of this ordinance to permit the posting of County property such that the carrying of concealed handguns on the posted premises will constitute a violation of N.C.G.S. Chapter 14, Article 54B; NOW, THEREFORE, BE IT ORDAINED by the New Hanover County Board of Commissioners that: Section 1. Posting of SignsRequired. The County Manager is hereby authorized to post conspicuous signage stating "Possession of Weapons or Carrying a Concealed Handgun on this Property is Prohibited" on each park, building or portion of ~a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by New Hanover County, as well as the appurtenant premises to such buildings, indicating that concealed`handguns are prohibited therein. Section 2. Location of Signs. Said signs shall be visibly posted on the exterior of each entrance by which the general public can access the building, appurtenant premise, or park. The County Manager shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building, appurtenant premise, or park. Section 3. Violations. (a) Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be fined $500.00 or imprisoned for six months or both. 72 (b) Weapons possessed in violation of this ordinance are hereby declared to be 1 , ~r ~~ ~~r ~., ~1 ,~~ ~`. ;!% ;~ ~' ~r contraband. The New Hanover County Sheriff or his designee shall hold such. weapon for disposal pursuant to court order. In the absence of any court order, the weapon shall be destroyed. ' Section 4. exemptions. This ordinance shall-not apply to the following: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their duties as such and acting under orders requiring them to carry arms and weapons; (2) Civil officers of the United States while in the discharge of their official duties; - (3) Officers .and soldiers of the militia and the national guard when called into actual service; (4) Sworn law enforcement officers. Section 5. Effective Date. This ordinance shall be effective on and after December 1, 1995. Adopted this the [SEAL) ATTEST: Clerk to the Board day of , 1995. New Hanover County Robert G. Greer, Chairman Board of Commissioners 73 1 1 r REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #; 6 Consent Item#: Additional Item #: Department: Engineering Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver ,CTTI2 TTi !`T. ;Consideration of adoption of sewer impact fee BRIEF SUMMARY: See attached memo. RECOMMENDED MOTION AND REOU STFD A TTt7NS• . We recommend that the Board, by adoption of the attached ordinance; increase the present impact .. fee of $375/house to ~a lever between $735/house and $1500/house in order to help recover the cost of sewer provision. We also recommend a proportionate increase in commerciaVindustrial impact fees from $1.25/100 gallon. ~ ' FUNDING SOURCE• Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: [~Iew Appropriation Request: Budget Amendment Prepared: REVIEWED BY• LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT n COUNTY MAMA =ER'S COMMENT AND RECOMMENDATION The Board should ,consider increasing the sewer impact fee as presented. If the vote on the first reading is not unanimous, a seco dreading is required. The item represents direction from the Board at a recent worksession. ~~ WO y .. ~~~~~ ~~~ ~~ r~ ~~~~~~~~~ 75 Rcfcr to Office Vision Bulletin Board for Disposition ^ UL AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMIYIISSIONERS 'the Board of Commissioners of New Hanover County, North Carolina, hereby amends Chapter 15, Article II, Section 124 of the New Hanover County Code as follocvs: Amend Subsection 1~-124(d) to read as follows: ' (d) Treatment plant capacity fee (impact fee): Two Dollars and Forty-Five Cents ($2.4~) per gallon of average daily tlow, ~~zth a minimum fee of • ~ Seven Hundred Thirty-Five Dollars ($735.00) per residential and nonresidential unit. For residential units only, a financing option is available for the impact fee consisting of an initial pa}?Went of ten (lU%) percent of the impact fee at time of application and nine (9) montlily pa}znents of an equal amount due and payable on the fast da}~ of each month thereafter. the treatment plant capacity fee grill be determined as specified in section 15-121(b); however, the nununum fee will not apply in the following circumstances: .. ~ , - . (1) Nonresidential development or.unit obtaining a.certificate of occupancy where.the " ~ • ~ ~ ;structure is not new development. • ~ ~. " ' (2) Nonresidential development or unit obtaining a building permit with an estimated construction cost of less than Two Thousand Dollars ($2,000.00), wherc the structure is not ne:v development. (3 j Building permits for new development where there is no plumbing in'the entire structure. If plumbing is added later, the treatment plant capacity fee for new development will apply. ~ -. ~~ Tlus the day of , 199 NEW I-WNUVER :COUNTY {SEAL) + A'I"fL•ST: ~ I iZobert G. Crreer, Chairman. Board of Commissioners Cle • t the Boardl m~4 ''`~ ' '~ ;c. G •~ `< `,~ ! i r . ,~,~p. 0 "--. ~ - ' NEW HANOVER COUNTY ' INTER-OFFICE ........a;.y;>::;::~ is C:;::.::S:S~::.::::J.: ,..~~,i::`.X:.<::;~:: :: <..~~..~.~:.:;~:::..~. October 18, 1995 1 T0: Board of County Commissioners FROM: Dave Weaver, Assistant County Manager OC~J RE: Consideration of adoption of sewer impact fee _. Agenda Item - November 6, 1995 SUMMARY OF INFORMATION: - As discussed at several work sessions, the :present sewer impact fee of $375/house is not adequate to cover the~County's cost of providing sewer. The cost of sewer for transportation and treatment .of wastewater ranges from $1700 - $2000/house, as shown on the attached excerpt from the September 13 memo to the Board. A range of possible impact fees and annual revenues generated are given below;. ,. ~ " FEES RFVFrrrrF~ $735/house ~ $955,500/year (at 1300 houses/yr) ~~ $1100/house $1,430,000/year (at 1300 houses/yr) ` $1500/house - $1,950;000/year (at 1300 houses/yr) Also attached is an update of the Sewer Task Force's Report. This report incorporates higher projections of construction and sales tax .revenues than does the original report. Although this shows an average surplus of revenues over costs of approximately $245,000/year for 5 years, please note that sewer construction estimates do not include an inflation factor. In addition, there _ are needs to replenish the District's Fund Balance and to reduce ' reliance. on sales tax revenues, especially given the potential negative impacts on sales tax revenues to .be caused by City annexation. DW/nf/685 77 [~ ... . WASTEWATER D Capital Costs Typical costs for providing sewer to a new subdivision include the following: Sewer Phase Cost per Unit Collection 52,016 Transportation S800-1,100 Treatment 5900 Total 53,716-4,016. source: new Hanover c.ounry tngineenng Department Funding Options Impact Fees -These costs easily justify a recommendation for ~an increase in the present sewer cost of $375/household to $735/household. The additional revenue generated would be almost $.5 miliion/year. This fee would be comparable to City impact fee charges. ~ ~ ~ ' Other means of revenue Qeneration _ The Sewer~Task Force, which formed several years ago by the Board of Commissioners, explored mechanism for revenue generation other than impact fees but did not reach consensus on any of them. A District tax would generate over $350,000 for each penny of tax rate. A 10% increase in monthly user fees would generate over $320,000 a year. Other means include acreage charges and' front footage assessments. Other mechanisms for generating revenue could also be implemented, although State . legislative action would be required. Those means include a land transfer tax, adoption of an ad'ditional''/z cent sales tax, food and bevecage tax, or an increase in the room occupancy tax. These mechanisms could be used for other capital needs, such as parks and drinking water. ~Vastewater re-use One area that the County should consider investigating is wastewater re-use. Wastewater re- use is the practice of applying treated wastewater for such purposes as irrigation. This~practice has been increasingly followed in such areas as Florida. If this practice was followed in the District, treated wastewater from the planned County Northside Treatment Plant would be piped back to such places as Landfall for golf course and residential lawn irrigations. Wastewater re-use would produce the following benefits: 78 ~ ~~ t 1 1 1 1 1 1 1 1 1 1 1 . ~. •=' - I) Provide ~an inexpensive source of imgation waste for private interests; 2) Replenish groundwater; 3) Reduce the need to use up increasingly scarce discharge ~ capacity allowed by NPDES permits. In order to provide treated wastewater for such uses as imgation, a system of pipes separate from sewage and drinking water pipes would be required. These lines could be placed on top of the sewage lines at relatively low cost when the sewage lines are constructed. Homeowners could.be charged a small flat rate for unlimited amounts of wastewater. The. County has the opportunity to .place a treated wastewater re-use line when constructing sewage interceptors such as the Ogden Interceptor. The County could also require or make available to developers the opportunity to place re-use lines during subdivision development for irrigation. 79 N n m Z D A w N fD 01 f~D O. 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U iD' V +~ tD N A W N m '~ A OtD Cn. OOiVOUfW00000000000000000000000000 O ::~ . t1~ bf to '> :. -+ A A . O W V IW W; ' ~- :A V VO ~D. AWNOo i tU0 N O W +~ O W (V7~ ~ •• :OO -~ OQ!' G~ O~V0000000000000000000000000000 O U Cf~ N 61 U~ A A i~V Q! ~D W ' >-v W A U V ~ .y . iW Oo VO tD AWNOOD -: r~ N OW 01 pUWNta~ ;.._. W` - OV p~ O~V01 Q~00000000000000000000000000 O 'W ~:> .: :Q° fJ i iU1~ A A oO -~ .+ - ,.~ .W. UA• O OoNNV , V1p AWND• ~oN r U A Q~ W V V ~ !..~: - ~ :N Q~ OA ~ N ~V~t000000000000000000000000000 O N Ol N NU(~ •W A A A ID A Of -~ ~ ~. - ' V A GD [T tO OD - OD U _N ~ QI O) Q1 !• • ~ :01 Oo OV ~D tC'O)A~D000~000000000000000000000000 O n ~_J REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: 7 Consent Item #: Additional Item #: Department: Engineering Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver SUBJECT: Consideration of approval to establish a drinking water impact fee and to direct staff to develop specifications for drinking water systems. BRIEF SUMMARY: As presented to the Board at several worksessions, the County presently has no impact fee for drinking water or standards for drinking. water systems built in new subdivisions. The cost for development of production wells; transportation (water mains), and storage ranges from $758 to $958 per.house, as outlined in the attached report excerpt. An appropriate impact fee would be $735 which is equal to the. City's fee fora 3.5 bedroom house. The fee should be imposed only if the County, has definite plans to provide water within five years.-The potential for revenue generation will increase as the County becomes more involved in drinking water system.development. The County should also develop standards for new systems. These specifications should include dedication of new systems to the County; design of systems to support adequate fire flow including. hydrant stubs; and imposition of a $1,500 hydrant impact~fee. RECOMMENDED MOTION AND REQUESTED ACTIONS• ~~ .The County should immediately adopt a $735 drinking water impact fee, as shown in the attached ordinance, and direct staff to develop the above standards for drinking water system development. These standards will take significant effort to develop. . Re.~cc#rd ~- ~~~~,~ ~oar~ ~~ ~0~~9~' ~~~U~~~~~SB~~~~~S Federal $: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT ..COUNTY MANAGER'S COMM NT AND RECOMMENDATIONS• A. The Board should consider approval of a drinking water impact fee ordinance. If the vote on the first reading is not unanimous, a second reading is required. B. The~Board should consider directing staff fo develop- specification drinking w ystem. ~~ .~ Refer to Office Vision Bulletin Board for Disposition. ~i ~ ~~l AN ORDINANCE OF THE - ~! NEW HANOVER COUNTY . -j. _ k BOARD OF COMMISSIONERS f°~, . The Board of Commissioners of New Hanover Coun North Carolina here ~' h', by amends Chapter 15, Article I of the New Hanover County Code as•follows: Add to the existing language of Subsection 1"5-7 ~ the followin new subsection 5 ~) g ( ) 5(a) Drinking water capacity fee (impact: fee): All new development and nonresidential ~' development obtaining a certificate of occupancy shall pay the dnnking water capacity~fee specified_in subsection (b),, based on average daily flow, Swimming pools will, not be exempt from the drinking water capacity, fee. Average daily flow, for the purposes of the impact fee shall ~~ be determined as follows: (1) Residential unit: Three Hundred 300 allons er da . ~~ ( )g P Y ~' • ~ (2) Nonresidential unit: The~flow shall 'be based on water usage of similar - facilities as determined by the district. (b) Calculation of Drinking -water capacity fee (impact fee): Two Dollars and Forty-Five a .Cents ($2.45); per gallon, of average daily flow, with. a minimum fee of Seven Hundred Thirty- Five Dollars ($735.00) per residential and.nonresidential•;unit. ~ For residential units only, a financing opt on is available for the impact fee consisting,of, an initial payment of ten (10%) percent o'f~the-impact fee~t~ tiine~of application and nine (9) monthly payments of an equal amount d ~' and p gable o"n'ttije f r tqa~g of each month thereafter. The drir-kirig~water capacityfe~'e will be determined as specified in subsection (a), however `the miumum fee~will not apply in the following circumstances:,. ~ - ~: (1) Nonresidential development or unit obtaining a certificate of occupancy where the structure is not new development. (2) Nonresidential development or unit obtaining a building permit with an estimated construction cost of less than Two Thousand Dollars ($2,000.00); where the structure . ~~ is not new development.- ~ ' (3) Building permits for new development where there is no plumbing in the entire '~ structure. 'If plumbing is'added later, the .treatment plant capa'ciry fee foc new .. : ~_ ~: development will apply. >: ` ~ ~' (4) Residential or nonresidential development where District water is unavailable and no QQ~` District water plan currently. calls for water to be available to the site within five (5) V.V ~ years of issuance of the building permit. (5) The District may charge a reduced impact fee for any building permit subject to an agreement between the District and the owner or successor in title. Such agreement may be negotiated by the District where the successor in title or other property developer has agreed to share the costs of production, storage or transportation of the District water supply. ' This the day of , 1995: {SEAL] ATTEST: Clerk to the Board NEti% i-iA-~iOVEr2 COU~,'T z Robert G. Greer, Chairman Board of Commissioners 87 DRINKING WATER Capital Costs e • .. ~~ ~~~ - Typical cost for providing drinking water per household are listed below: Stage of Drinking Water System Cost per Household Production $333 Transportation 5200-400 Storage 5225 Distribution 5650-750 Total 51,4C3-1,7C3 Source: New Hanover County Engineering Department •• The County should probably consider moving toward the development of a central, public water system for the following reasons: 1) County is rapidly urbanizing; 2) Operation of a drinking water system complements operation of the District's sewer system; ' 3) Drinking water system tend to be relatively profitable; -~ 4) A central water system lays the basis for adequate fire protection; 5) The District has already acquired several water systems. . Funding Options The following framework of fees and requirements for new development could assist in establishing a County water system. Impact Fees for Water This conservative cost estimate, even if distribution costs are not included, justifies the establishment of a $735 impact fee for a new house at the time of the issuance of a building permit, and would be in line with the proposed $735 District sewer impact fee and with existing City Water and sewer impact fees. It is very important to note that the County presently charges ~ impact fees for water. The District, however, has not yet established a comprehensive plan for provision of drinking water throughout the County. Therefore, the water impact fee should be charged only if County water is specifically planned to be available to the residence within five years of issuance of the building permit. The impact fee could be reduced if the developer shares in the costs of production, storage, or transportation, such as the recent agreement between the District and a group of developers to construct a storage tank. 88 1' The District should move forward in developing a plan to provide drinking water to the County. The on-going study of the groundwater in the northeastern part of the County is an appropriate step in that direction. Upon completion of a water plan for the County, the five year time limit for providing water..can be re-evaluated. Re.~uirements for New DeveloRment The' County should consider requiring that all new subdivisions construct a drinking water distribution system similar to the existing requirement for sewer collection systems. The drinking water system would meet the following requirements: 1) Dedication of the system to the .District -The District presently has a similar dedication requirement for sewer rystems in new subdivisions. Assuming the District ' will eventually provide water throughout the County, it is more practical and economical to construct the water system at the same time roads and the sewer ., system are constructed in the new subdivision, even if the water system wilt not be ' used in the foreseeable future. If the .new subdivision wishes to use a private or commercial public utility water system until District water is available, the District ,could lease the distribution system to that utility. It is important to note that the majority of new subdivisions in the County have some form of central water system. • 2) Capability of tl~e water system to support fire protection -Water systems , constructed within new subdivisions should have the potential to deliver water for fire protection. Although the majority of new subdivisions .have central systems for drinking water, many systems have not been designed to handle the large flows and 1 water pressures necessary to .fight fires. These systems have not been designed for fire flows because pressure and storage has not been available to provide adequate water for fire fighting. As the District system grows, however, elevated tank storage will become available to these subdivisions but the distribution system will be inadequate for fire hydrants and will have to be replaced and upgraded at the public's expense. It is recommended that water distribution systems be required: - to be sized to handle fire flows whether or not elevated tank storage is available to provide fire flows; - to provide stubs on the water lines where fire hydrants can be placed by the County Fire Service District when adequate elevated water storage becomes available; - to pay $1500 per fire hydrant stub to the Fire Service District required by the County Fire Marshall. v 89 ih Regular Item #:8 Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In Agenda Package: 11 Contact: D. Ha es REQUEST FOR BOARD ACTI01~1 Meeting Date: 11/06/95 SUBJECT: Contract for acceptance of Local Plannin; & Management Grant ($27,500) to develop a Unified Development Ordinance for County and City BRIEF SUMMARY: The attached contract for services provides for the review and evaluation of existing ordinances and the development of a Unified Development Ordinance for New Hanover County and the City of Wilmington. Working 1Vith the Pl~nninn De^art.^„e,^at w ....~.~h~.,~ s.~ 1.7 F.e h: '~ t0 COaiat711C ClisTCiii rCguiliiOiiS, 1~iCIiiili~: pU1i311C li~Nui, b t' ~, Cvu,au~wu. .Ci ~:~u u.. arvu evaluate alternatives, and develop a draft unified development ordinance. The County and City would provide an equal cash match of $10,000 each, and an in-kind match of $3,187.50 each. Unified land use regulations would provide for a more efficient and effective development review process. It would also allow for the implementation of a one-stop permitting center, providing improved public service and further streamlining of the development process in the City and County. RECOMMENDED MOTION AND REOUE~TFD ACTIONS Recommend approval of contract and authorization for Chairman to sign.. ~~4Jt~a~ ~~~~Y~~~~~~~ Federal $: State ~: 27,500 Money Is In Current Budget: no Budact Amendment Prepared: yes ~LGL: FIN: -BUD: N/A CGRIFFIN HR: County $:.10,000 User Fees ~: Other,: 10,000 New Appropriation Request: yes The County and City have been approved by the Division of Coastal Management in the Department of Environment, Health and Natural Resources to receive a grarit to develop a "Unified Development Ordinance." This is a real opportunity for the two governing bodies to bring together the.two sets of ordinances to positively impact the community and lessen the "confusion", and hopefully the bureaucracy. The City Councit will consider the item on November 7, 1995. Development of a "unified" ordinance was a recommendation of Consolidation Planning Committee. I recommend the Boar Commissioners approved acceptance of the grant cor~t~ nt upon approval of the City Council. Approv ~ f the attached budget amendment is required if t$T~ ~oard of Commissioners supports this item. Rea ~ ~ n Bulletin Boud for Disposition .~ ~ '~I ~~•'~ ~ n. 3` ~ ~c~: ..~~,_~ . ..STATE OF NORTH CAROLINA ' OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR September 15, 1995 i< <J~L~1~.f~ ~~ S~ 2 1 95 (`dSa'! l`t~NflYRc CO. C`~. Qf EA ~5~15~Oi1~Z3 w-, • - The Honorable Robert G. Greer` Chairman, Board of New Hanover County Commissioner's 320 Chestnut Street, Room 305 Wilmington, NC 28401 Dear Commissioner Greer: ~ a I am pleased to announce that New Hanover County has been awarded a -.local planning and management grant of $27,500 through the North Carolina Coastal Management Program. ~"~ The;~D~.vision of~Coastal Management in the Department of Environment, Heal'th~?arid`Natural Resources will be administering this grant. You will receive a contract and supporting documents from that office. If you have any questions, please. call Zoe, Bruner at the Division's Wilmington district office at (910) 395- 3900. - :. Congratulations `on being selected to receive this grant. I am LLencouraged by your participation in the coastal management program. Partnerships between state and local governments will continue to be an important part of our coastal management program's success. _ My warmest ersonal re ards. -- ~- P g. Sincerely,.. James B. unt Jr. _ (~T~H:rns • , cc: Roger Schecter, Director Division of Coastah Management n r z :~~ ~~ w ~ • y y, }. ~ ~y~ 1739 CITY of WILMINGTON North Carolina P.O. BOX .1 81 O OFFICE OF THE CITY MANAc 28402 (919) ~~-~a~o April 17, 1995 Ms. Zoe:' Bruner - ~ • N.C. Department of•1Environment, Health 'and Natural Resources • 127 Cardinal Drive .Wilmington, N. C. 28405 • Dear Zoe': - This is to confirm.the telephone conversation that I .had today with your secretary concerning the wish for the 'City~of Wilmington to"jon New Hanover County in submitting an application to develop a unified development ordinance. ' The County will be coordinating the submission of the application which the City will sign as an applicant. The City of Wilmington is also insagreement with New Hanover County that the two governmental units do not wish to submit an application for a CAMA plan update. Thank you for•assistng us in clarifying the~City's intention with respect to the application process. Sincerely, ~~~ William P. Whisnant Assistant City Manager. WPW/ds cc: Mary M. Gornto, City Manager D ter Hayes, Planning Director atrick Lowe, Assistant Planning Director • _ 93 f a STATE OF NORTH CAROLINA COUNTY OF WAKE t • CONTRACT NO.~ ~ r~- CONTRACTOR'S FEDERAL ' LD. NUMBER N/A THIS CONTRACT made and entered.. into this 31 st.day of August, 1995, by and between New Hanover Cq~~,, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment, Health, and Natural Resources, 'under the Coastal Planning and Management Grant Program, hereinafter referred to as `DEPARTMENT"; WITNESSETH: ' ~ THAT :^1HER~AS, t~a Depa :~„a~~t of Environment, Health, ~;.d C:~turaf Resources is charged with the responsibility of assisting local governments with developing and carrying out local coastal planning and management programs by Sections 113A-112 and 113A-124,of the-General Statutes, and .. WHEREAS, the General Statutes empower the DEPARTMENT (1) to provide planning assistance to local governments and (2) to receive, disburse and expend federal, state and local funds for the purpose of providing planning assistance to local governments, and to enter into contracts with local governments; and WHEREAS, the DEPARTMENT desires to cooperate with the CONTRACTOR in initiating or furthering a local planning and management. program; ;and WHEREAS, the planning program shall be partially financed ~by the contribution of local funds or a combination of•local funds and cash equivalent services. NOW, THEREFORE; the parties hereto do mutually agree as follows: 1. The -CONTRACTOR hereby agrees to perform in~ a manner satisfactory to the DEPARTMENT, the tasks described in 'Attachment A", attached hereto and incorporated by reference. 2. The DEPARTMENT in consideration of the activities io be performed . by the CONTRACTOR,as hereafter set out agrees to.pay the CONTRACTOR an amount not to exceed S27 00 said. sum to be full and' complete compensation for services to be rendered under this contract. 3. The CONTRACTOR in consideration for the funds granted by the DEPARTMENT agrees to provide the following: (a) Documented local match portion of the total budget as shown for cash and in- kind services; ,~ ~94 Project _Unified Develooment Ordinance Grant Amount 27 Local Cash Match 56,37,E Local In-Kind Match 6,375 TOTAL PROJECT FUNDS _ $40.?50 (b) Six (6) copies of the final document will be provided to the DEPARTMENT. 1 of 5 Z 4• To satisfy the match requirement of this contract, the CONTRAC . to the DEPARTMENT the local cash match sum indicated in paragraph 3a. The DOEPARTMENT may withhold final payment to the CONTRACTOR until the CONTRACTOR has documented the expended local cash match to the DEPARTMENT. Local in-kind services match, and local cash match must be documented. by the CONTRACTOR to the DEPARTMENT by the end of the contract period. 5• The services of the CONTRACTOR are to commence on the 1st day of September, 1995, and shall be undertaken. and completed in~'such sequence as to assure their expeditious completion.. in light of the purposes of this contract, but in any event, all of the services required hereunder shall be completed and all required drafts of the reports, maps, and documents shall be submitted by the 31st day of August, 1996. • 6• The payment set forth in paragraph 2 will be paid quarterly upon receipt of a requisition for payment from the CONTRACTOR specifying that he has performed vvork under this contract and that he is entitled to receive the amount requisitioned under the terms of the contract. Final requisitions for payment must be received by the DEP~,RTP~IE;~T no later than 30 days after the end of the contract i period. • , 7• woe Brunetl~:^designated as the Project Coordinator and Richard Shaw is designated as Contract Administrator for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. $• The CONTRACTOR shall not substitute ke • this contract without prior approval by the Project Coordinat rpeThe followsng individual(s) s de ance of key personnel for the CONTRAC70R"for purposes of this contract:_~ `Patti c~ s gnated •- - ~ . '•' ~ 9• The CONTRACTOR represents that he has, or will secure at his own expense, all 'personnel required in performing the services under this contract. Such personnel shall-not be employees of the DEPARTMENT. 10. To carry out the tasks described in Attachment A of this contract, the CONTRACTOR shall utilize the services of its in-house planning staff or it shall. subcontract the services to be performed therein to a private consultant or public agency. The person designated to carry out the CONTRACTOR'S responsibilities is herein referred to as Planner-In-Charge. The CONTRACTOR shall provide the DEPARTMENT, prior to the execution of a subcontract and not later than ninety (90) days from the beginning date of the contract, a resume of the erson designation, and a co p p P proposed for Planner-In-Charge py of the ro osed subcontract, if applicable,•between the CONTRACTOR and the Planner-In-Charge. The-Planner-In-Charge must be approved by the DEPARTMENT before any work under this contract is commenced or any subcontract is excecuted. The DEPARTMENT will disapprove any Planner-In-Charge who it, in its sole discretion, determines is not able to adequately perform the requirements of this contract or the subcontract in an adequate and professional manner. 11, The CONTRACTOR shall assume complete responsibility for the faithful and satisfactory performance of any Planner-In-Charge retained in conjunction herewith, and shall be wholly and completely liable for the satisfactory performance of any such Planner-In-Charge, and shall hold the DEPARTMENT harmless and without liability with respect to the performance of any such Planner-In- Charge. 12. The Planner-In-Charge shall agree to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 13• The CONTRACTOR shall take the lead role in assuring that periodic monitoring meet' with the DEPARTMENT are scheduled. The CONTRACTOR shall require its Planner-In-Charge,t~l~ present at such meetings and will itself have an appropriate representative in attendance as well, ' • .~ - - _ ~~_ 14. The CONTRACTOR shall: {a) cooperate in every way in the conduct of this project and make available research material, data, maps, and other statistical records of the CONTRACTOR; (b) arrange regular meetings of the Planning Board and other officials to review work carried out under this contract and make such recommendations as are required; and (c1 pay to the DEPARTMENT its proportionate share of the.cost of the project as set forth in paragraph 3a. 15. Citizens in the CONTRACTOR jurisdiction shall have the opportunity to help initiate and implement plans as well as react to proposals. Clear and direct access to the decision .making process shall be provided to all citizens in .the jurisdiction, and meeting places and times shall be widely publicized on a regular basis. All information .pertaining .to these "activities (except when such • • ~j information is a breach of public trust) shall be available to citizens upon request, and information shall U be provided on a conimuous basis and sufficiently in advance of public decisions to permit a thorough citizen review of proposals and an opportunity to react. - 16. No 'payments ,for planning activities will ,be made unless all local ordinances are consistent with the State ~G~~idelines for Areas of Environmental Concern (15A NCAC 7H?, as required in the Coastal Area Management Act (G.S. 113A-111). The DEPARTMENT has the sole authority for determining whether local ordinances are consistent. 17. Unless otherwise specified, the CONTRACTOR shall ensure that all the necessary services provided under this contract shall be performed in connection with and respecting the planning jurisdiction of the CONTRACTOR. , 18. The parties to this. contract .agree and. understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for•this purpose to the DEPARTMENT. . 19. Any CONTRACTOR receiving 525,000 or more from the DEPARTMENT within any fiscal year is required to have basic financial statements, for that fiscal year, prepared in accordance with generally accepted accounting principles. These basic financial statements should be audited in conformity with generally accepted auditing standards, the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and (if .applicable) the requirements of either Office of Management Budget Circular (OMB Circular A-128 for state and local governments or OMB Circular A-133 for institutions of higher education and other nonprofit institutions). The. audit report shall be forwarded to the Division of Fiscal Management, Budget and Analysis section within six months after your fiscal year end. If less than :S25,000 is, :received by the Grantee from.the DEPARTMENT but S25,000 oc.more is received in a total from one or more state agencies or state universities, the audit report in the format described above shall be sent to' the Office of the State Auditor. Also, a corrective action plan for any audit findings and "recommendations should be submitted along with the audit report or within the period specified by the applicable OMB Circular. • 20. The CONTRACTOR agrees that the State may have the right to audit the records of the (~ CONTRACTOR pertaining to thiscontract both during performance- and for 36 months after completion (_ or termination. The CONTRACTOR must retain all records relating to thiscontract and allow employees or agents of the DEPARTMENT to: inspect such records during the period of time set out herein. 21'. The DEPARTMENT and/or the CONTRACTOR may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this contract. Such changes, including any .increase or decrease in: the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the .CONTRACTOR and the DEPARTMENT, shall lie incorporated in written amendments to this contract. • . ~• a 96..22• If, through any cause, the CONTRACTOR shall fail•to fulfill in timely and proper manner the obligations under this contract, the DEPARTMENT shall there upon have the right to terminate this contract by giving vvritten notice to the CONTRACTOR of such termination and specifying the reason f thereof and the effective date thereof. In that event, all finished or unfinished documents, data, (J Q • _~: studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR . shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this contract, and the DEPARTMENT may withhold payment to the CONTRACTOR. for the purpose ~of set off. until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 23. The DEPARTMENT may terminate this agreement at any time by notice in writing from. the DEPARTMENT to the CONTRACTOR. In that event, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the CONTRACTOR covered by this contract, or for each full day of services performed where compensation. is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to *,he D~PP.RT.^.~ENT a..y co,;,pe;,;a;i~,~ ha has received which is in excess of the payment to which he is entitled herein. .24. The CONTRACTOR agrees that it wily comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et.seq.) prohibiting discrimination on the grounds of race, color, or national ~. origin, and Department of Commerce Regulations implementing Title VI (15 CFR Part 8). 25. ~ The Americans with Disabilities Act 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals - with ,disabilities in State and local government services and CONTRACTOR certifies•that it and its principals and subcontractors wilpf colmply w~h regulations in ADA Title I (Employment), Title II (Public Services), and Title III (Public Accommodations) in fulfilling the obligations under this. agreement. ... ~26. The' CONTRACTOR certifies that it is in compliance with "Attachment I" AssuranceS- Non Consirucrinn proorarn. 27. ,The CONTRACTOR shall not assign or transfer any interest in this agreement. 28. The CONTRACTOR shall ensure that all final reports (excluding required periodic ..progress reports) developed under this contract shall be printed by the offset process or other process of similar quality and cost efficiency approved by the DEPARTMENT. Each .report shall be bound, and the general format shall follow good literary practice approved by the DEPARTMENT. 29. .All reports, maps, and other documents completed as part of this contract, other than • documents exclusively for internal use within the DEPARTMENT, shall carry the following notation: ' "The preparation of this report (map, document, etc.) was financed in part through a grant .provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration." . 30. If any activity funded under this grant requires the preparation of an Environmental ,~ Impact Assessment (EIA) under G.S. 113A-4, it will be the responsibility of the CONTRACTOR to prepare any such document. 31. The .parties hereto do further mutually hereby adopt by reference OMB Circular A- ~j and the Financial Assistance Policy of the Grants Management Division, National Oceanic ~d/ Atmospheric Administration. These documents shall govern all matters where expressly specified herein, and additionally all matters upon which this contract is silent. ~~ • 32. It is agreed .between the parties hereto that the place of this contract, its situs and forum, shall be Wake County, North Carolina, and in said county and state shall all matters, whether U sounding in contract or.tort relating to the validity, construction, interpretation and enforcement of this contract, be determined. ' 33. No reports, maps or other documents produced. in whole or in part under this contract {~ shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 34. The CONTRACTOR agrees that he shall be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the. State for its loss or damage. ' IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENThave executed this contract in duplicate originals, one of which is retained by each of the parties, the day and year first above written.. ~. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, Q HEALTH, AND NATURAL RESOURCES d~Jonathan B. Howes, Secretary • • Director ~-} ~~J ~ piv. o! General Servt~s U ~'~aY1S4~ ~il ~Giun/1~ ,~ Department Head's Signature or W17 ESS Authorized Agent s. CONTRACTOR Chief Elected Official's Signature ~ WITNESS 98 ~ .. • c ., t r_ 1 1 Describe accurately and in measurable terms each quarter's activities on the, proposed work program. This description should conform to the description of work on the ` original CAMA grant application. State the percentage of the total work to be done each quarter and the amount of funds to be expended each quarter, NnTF: Please use a separate ATTACHMENT A form for each project. r ACTIVITIES TO BE COMPLETED EACH QUARTER Evaluate andrrefine proaosed ordinances: Continue public input through meetings/forums. 30~ Develop working draft of t1nfied Development Ordinance. Dollars to be spent Continue Planing Board/Commission Review, % of total work to Products expected at cnd"of first quaver: be completed ,~ Initial meeting between County and City to establish goa] and objectives. 1Oo Deveiop'Reguest for proposals(RFP) Interview and select Planning Consultant Dollars to be spent Submit selected consultant for Coastal Management approva Initiate work program development arid scheduling. $ 750 .~.: _ .._ ~ ~ ~ • , r • I _ _ .~ j .. . ~ .,,. - 1i , 1 % of total work to b _ , ~ Products expected at end of second quaver:F ' •s .J~~ e completed P~,;•~. •, 1n Establish prioritized work' •'rci' azti '" • ~ ~.:hedule. 25~ Assemble County and City han3r~~User regulations • Compile ordinances and begin evaluztion Dollars to be spent . 'Identify and notify all .interested and' affected groups . Solicit public input and facilitate discussions. '• $6,875 Initiate Planning Board/Commission review, ~ 90 of total work to . b Products expected at end of third quarter:: e completed Continue review, analysis and refinement of Draft Unified Development Ordinance $8,250: ~ I Iz DCM LOCAL PLANNLVG AND MANAGEMENT GRANT PROGRAM ~ CONTRACT ATTACHI~NT "A" -- REV /SED -- Local Government: New Hanover project: Unified Development ~ Total" Cash Cost: $-7 ~ 5Q0 ' Count~Wi mington r finance . (Total grant1 70 of total work to Products expected at end of founh quaver: >e completed -Provide Draft Unified Development Ordinance for Planning Board/Commission public hearing consideration. 35$ . -Continue review,. analysis, and refinement. collars to be spent -Conduct additional ,public hearings as needed. -Complete review and recommendations by Planning Board/ Commission _ $9,625 -Provide Draft Mini f i P~ net~a i ~~mo.,+- n,-a; .. ~.,,.,, ~ _ , _ _ _ , - r ~ ~ "~ ASSURANCES - NON,CONSTRUCTION PROGRAMS The CONTRACTOR certifies that with regard to: ~, f 1. DEBARMENT .AND SUSPENSION - To the best of its knowledge. and belief that it and its principals: „ ~ _ 1. (a) are not presently- debarred, suspended, proposed for debarment, declared ineligihle, or voluntarily excluded"from covered transactions by-any Federal Department or agency; -r (b).have not within a 3-year period preceding this proposal .been convicted of or had a civil judgment rendered against them fo"r commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theh, forgery, bribery, falsification or destruction of 'records, . making false statements, or receiving stolen property; (c) . are not presently indicted for or otherwise criminally or civilly charged by agovernmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a 3-year period preceding this application proposal had one or more ublic P transactions (Federal, State, or local) terminated for cause or default. 2. LOBBYING - To the. best of~his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will~~be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an'officer or employee of Congress, or an employee, of a Member of Congress~in connection with the awarding of any Federal contract, the,making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the. extension, continuation, renewal, amendment, or modification of any Federal-contract, grant, loan, or cooperative agreement. 4.. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence art officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative .agreement, the undersigned , shall ~ complete and submit Standard Form-LLL, "Disclosure Form `to Report Lobbying." in accordance with its instructions. _ 100 ~ ,. t DRUG-FREE WORK PLACE REQUIREMENTS - It will comply by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about _ (1) The dangers of drug abuse in the workplace; . (2) ,The grantee's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in tfie workplace; (c) Making :'t a reyui; e,;,~;,; ; .at each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) above; (d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), above, from an employee or otherwise receiving actual notice of such conviction; (fl Taking one of the following actions,.within 30 days of receiving notice under subparagraph (d)(2), above with respect to any employee who is so convicted - . (1) Taking appropriate personnel action against such an employee, up to and including termination; or {2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (~ Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), above. AND 4• Will comply with the provisions of the Hatch Act which Fimit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 5. Will comply, as applicable; with the provisions of the Davis-Bacon Act, the Copeland Act and the Contract Work Hours and Safety Standards Act regarding labor standards for federally assisted construction subagreements. 6• Will comply with ail applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. 101 1 1 1 Budget Amendment ~~/ //////" ~/ ,j%/' //iii i/' ////////i./,%/%,!/{iiai~i,% //// ~~...//.viii i%;!"/./~ /// / /, ~ % ii i ~ i / ,~~ / ~:i/i .i..; .. // ~~ .;? : / ::.. ~ ../ / :%/ ,%ii//////%% % %~,%i/i/i/%, //////"/ ///ii%!,%%/„'%!!SS~%~//// / /// //i/' viii // DEPARTMENT Non-Departmental/ Planning Department Non- partmental Contingencies Planning Department CAMA Grant BUDGET AMENDMENT # 96-0066 DEBIT $10,000 $27,500 Contribution- City of Wilmington Contracted Services DATE 1.1 /6/95 ` R .DIT $47,500 p 1 1 1 1 1 i 1 To budget CAMA grant- funds plus County and City of Wilmington matching funds to develop a Unified Development Ordinance for the County and City. With approval of -this budget- amendment, the remaining balance in Contingencies will be $280,000. ~,APO~ o~~~___~..~.1~ ~ ~-Jqs- . ~ ~.... .EXPLANATION $10,000 For Budget OCfice~'s ap~r~en report to Commissioners at ne t meeting r / end enter in minutes. Y To be approved by Commissioners. To be entered into minutes. a . _ _ ., .. a ~~ _ ~~. Tlils page i~iteiiliona!!y lejl blairk ,. Q <` '~` t REQUEST FOR BOARD ACTION Meeting Date• 1 / b 1 06/95 Regular Item #: 10 Consent Item #: ~ Additional Item #: Department: Cooperative Extension Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver SUB.TECT: Consideration of allocation of money for construction of a reception center at the County Arboretum and/or purchase of a lot adjacent to the Arboretum BRIEF SUMMARY: 1) As discussed in-the .attached materials, the Boazd previously approved $15,000 to help construct a Reception Center for the County Arboretum. The Board is now requested to provide an additional $25,000 for increased construction costs. The Foundation will contribute $68,000= 2) The Boazd has an opportunity to purchase a 21,000 squaze foot lot (Tax Pazce156-20-006-052 shown on the attached .map) adjacent to the County Arboretum. The estimated 1997 appraised tax value will be $30,000.' The sale price is $40,000. This lot would be a valuable asset for eventual expansion of the Arboretum. ~tECOMMENDED MOTION AND REQ~IFSTFD ACTIONS• The Board should consider authorizing the County Manager to .negotiate purchase of the property for $36,000 and/or to consider allocating an additional $25,000 for the Reception'Center. k UIVUIIVCT ~VURCE: Federal S: State S: County S: 60,000 Uscr Fees S: Other Money Ts In Current Budget: no l~Icw Appropriation Request: yes Budget Amendment Prepared: no REVIEWED I3Y: LGL: FIN: BUD: HR: D F ~-- _ ____._.. ..---. ..___ ___. Recommend the Board of Commissioners consider the allocation of the additional $25,000- for the development of the Reception Center. Also, I strongly recommend the Boazd of Commissioners authorize staff to negotiate the purchase of the adjacent property as noted above .for a p of $36,000. ~~~o~~~~ ~~~:,~~~~~~~~~~~~~ 105 ~~~~ -t.~~~ ~ ash _.~~~-. ~" Re'fer to Office Vision Bulletin Board for Disposition t .erg ~ • _- - :~ .° ~ ~ ~ North Carolina '~ ~ Cooperative Extension Service _ ~~ NORTH CAROLINA STATE UNIVERSITY COLLEGE OF AGRICULTURE & LIFE SCIENCES Ncsv.HanovarCosnrty Cesrter • 6206 Oleandc>-Drive • Wiln+iegion, NC 28403 • 9!0/452-6393 • 9!0/452-6398 Far REQUEST FOR BOARD ACTION Meeting Date `November 6, 1995 Department: Cooperative Extension Service Presenter: Jerry Cooper Contact: Phillip R. Ricks - SUBJECT: Reception Center Construction for the Arboretum Brief Summary: ~ , On October 17,199.4, the Arboretum Foundation requested and received permission to construct a 2,000 square foot reception center on Arboretum grounds: In the Commissioner s action on October 17, 199.4, it was approved to .provide-up to 515,000 to the Foundation for replacement of the existing pump house. _ The Foundation would like to request an additional 325,000 from the New Hanover County Board of Commissioners For a total of 540,000 in County funds towards this project. Please see attachments 1 and 2. Recommended Motion .and Requested Actions: ~ , Recommend the Commission approve the contribution of 540,000 for the construction of the Reception Center at the New Hanover County Arboretum. t . Funding Source: County ' 540,000; Other " 363,000 New.Appropriation Request "yes 106 - ~ ~_ . _ ~E~ .,~ . ,~ , . Employment and program opportunities are offered to all people rcgardlcss of race, eolor,'natibnal origin, scz; age, or disability. North Carolina State University, North Carolina'A&T State University; U.S. Department of Agriculture, and local governments cooperating. c~ttachment 1 c~rboretzun Reception Center New Hanover County Commission ~Ieetin ~londav, c~u~ua 21, 1995 T~le ~r~oretum Foundation proposes to construct a reception center ~or t~le r~rboretum. On October 17, 1994, the r~r~oretum Foundation requested and • ~. ._._.._:~.vi. ~v (:Oia~~iuC~ u :..,vvv ~iiillrL LIJUt Ll'.l:C~t1UL1 l:Cntt;r OIl rirboreCUm grounds. ~ince that time, the Foundation has ~een involved in desi~nin~ and acquiring estimates on this structure. T~le Foundation ~las received a ~irm ~id ~or a turn-jZey construction project ~rom Ravsand Construction l~ompanv in ~ilmin~ton ~or ~ 108,000. T~e Foundation currently ~las ~~5,000 in tie ban~z earmar~ed ~or this project. This leaves a, balance o~ ,63,000. In the Commissioner's action on October 17, 1991, it was approved to pro~zde up to ~1~,000 to t~le Foundation for replacement o~ the e:cistin~ pump louse. _ In addition, at t~le present time tjle Foundation is also involved in raising ~unds to construct t~Le George Ross .Memorial ~.ireenhouse , .also on t~Le c~rboretum ~r~unds, at an anticipated cost o~ X20,000. T~Le Foundation ~inds itse~ short o~ ~unds to complete both projects. ~'e, t~lereEore, would ~i~Ze to request an additional W25,000 ~rom the \ew Hanover Counh~ Board o~ Commissioners Eor a to#al of X40,000 in County ~unds towards i ~ ~ ~, , this project. The .Foundation Ls commikted to borrow and/or raise the remaining X23,000 required to complete t~Le reception center. T~le Foundation is committed to completink both structures, ~reen~iouse and reception center, as soon as possible. ~it~lout help Erom the \ en• Hanover County Commissioners, there wi11 be delays in these prc~je~ts. 107 .108 .. _ .. • • Bud :et Amendment ~~~ g DEPARTMENT ~ BUDGET AMENDMENT # HATE Non-Departmental/ ~ . " Cooperative.Extension Services 96-0072: ~ 11/6/95 • • ADJUSTMENT DEBIT ~ CREDIT ' ..... , Non-Departmental j Contingencies $76,000 . - ~~ .Cooperative Extension Services Land Cost ~ $36,000 . • ~, Contributions to Outside Agencies ~ - $40,000 - 15 ~ 00 D ~, EXPLANATION • To transfer funds .from Contingencies- fora $40,000" contribution to the Arboretum . - - Foundation to help construct a reception center ($15,000 of the contribution previously , approved on 10/17/94) and $36,000 for the purchase of a,lot adjacent to the Arboretum. Note: The $15,000 contribution was not budgeted after approval because the project start up date was uncertain. - With approval of this budget amendment, the remaining balance in Contingencies. will be - $204,000. . ~ ~ ~~ ~ ~ ~~ Por I3udget OIT7cer's approval; then report ' • r~~`a ~ ~ C[~~ ~~~~~~~~~~~~~~ to Commissioners at next regular meeting u acid enter iii minntes. ~dA~ 11 ~ (o !~~ __, ---~- To b~ ipprovcd by Commissioners. ~~ To be entered into minutes. -a ,~ J !' ~~ < ~,~ r, tf,r. ~ ,.. >.. ~ ,. <. .. ,~ i . ~. _ AGENDA INFORMATION COVER SHEET Meeting Date: October 17, 1994 Agenda Item #~ 3 SUBJECT: Reception Center for Arboretum at the New Hanover -County Cooperative Extension Service Center RECOMMENDATION:. Recommend that the New Hanover County Arboretum Foundation be authorized to construct the Reception Center ~ ~ and deed the structure to New Hanover County. COUNTY MANAGER'S RECOMMENDATION OR COMMENTS: Recommend approval provided that the County review and approve all design and. construction plans prior to construction and that any County contribution that may be needed not exceed funds presently budgeted for rep ''r of .facilities that would be replaced by the oriGinal reception center. .. ~ ~ . PRESENTATION BY: Dave Weaver, Assistant Count M n y a alter and Phil~Ricks, Director, NC Cooperative Extension Service ATTACHMENT: See Attached Narrative l../. ` ~. I?~1ITIATED BY: ~'?/~~ -- ' DATE: ~~ ~ 95~ A~PROV~~ ~Y: '`' '' sY - 109 1 n Thz arboretum Foundation and the Extension ~ Service believe that a Rece tion ,....«~r ~~ ~ itally needed to make the Arboretum available to the public in a safe, controlled and cost effective manner. This center would be operated seven days a week by volunteers and provide the following: Lobby with reception desk for registration of visitors, solicitation of contributions and Arboretum literature. Handicapped ~accessibie restrooms for the public. '` A gift shop selling plants, craft items and souvenirs. j., -- Improved facilities for the ~ Garden Hotline and Plant Clinic operated by the volunteer Master Gardeners. . " Relocated water tank and associated equipment for the irrigation system at the Arboretum. Storage closets for janitorial and mechanical equipment. This project would replace. the exiting Gate House which is unattractive, maintenance extensive and open to the elements which are rapidly destroying it. It also replaces the present pump house (which is an eyesore) and the tank, pumps and piping within which need extensive renovation. Estimated cost to repair these facilities in place is X10,000 to 515,000. T-he exterior of the Reception Center is architecturally compatible with the existing buildings on the site. The Foundation is legally capable of contracting and managing the construction of the Reception Center., Because of its non-profit status, it is expected that some in-kind contributions of materials, labor and fees will be achieved. Construction would be according to applicable guidelines and regulations. 6nce constructed, the Center will be presented to New Hanover Courity;' which would then be responsible for its maintenance and upkeep. The estimated cost is 580,000, which would be reduced by the in-kind donations ~ mentioned above. Thz Foundation expects [o have over half this amount in hand - in early 1995. New Hanover County may be asked to assist in .financing to some degree, probably equivalent to the cost of repairing the existing facilities that this project replaces. ~ „~; Current plans are for construction to start in early 1995 and conclude in about four months. Given the approval of the County Commissioners, the Arboretum Trustees will actively pursue this objective. ~~0 0 ~" ~ o. ?b ~0° ~ ~ ,~ _~ 3p ?~ _ ~ ; 2 °~ ~ a ~~ m ~ ' ~ ` E2 3~ '~ ~ . v ~~ o o Q ~ .. _ . '~ ~~ ~ o a '.y o- ,. o ~ ~ 2~0 • ~- - - - p Fo^ • ,;: J a N :av.. ~. ~ 3~ ,, ~ ~" 2~0 ~ . ~N ~ ~ ~ ~ ~~ N .~ p ~_ ~ 209 •9 \ D ~~ ~ ~ .~ O' (D _ ~ 2 09 ? ON W ~ m ~ ~~ ~ ~ ~ 2(4.4 209 S o ,1 0 a ~ -A ~ _ C)t o [] 111 ~~ ~ o .~ . o ~: ~ .~ ~, ~ .~ ,` Tlris page iirleii[io~tally left bla~rk ~. 112 " " REQUEST FOR BOARD ACTION ~s Meeting Date: 11/06/9 Regular Item #: 11 Consent Item #: Additional Item #: Department: County Manager Presenter: Allen O'Neal Page Count In Agenda Package: 1 Contact: Allen O'Neal SUBJECT: School Capital Construction Study Commission's November 30, I995 visit I3RiEF SUMMARY: The School Capital Construction Study Commission will visit New Hanover County on November 30,1995. " A detailed memo on the visit is attached. Also attached is information from Dr. Martin entitled "Factors Impacting Facilities -New Hanover County Schools". ~. . ~. " RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss the possibilities of unified joint comments from the County Commissioners and Board of Education to "the School Ca ital Construction Stud Commission. ~ ~ ~ ' - P Y 1 i 1 i 1 1 1 1 1 x UlVUIIVIr JVUKC;I":: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: Iittd;et Amendment Prepared: Ne~v Appropriation Request: LGL: FIN: i BUD: HR: COUNTY MANAGER'S COMMENTS AND RE OMM NDATIONS• Consider approval of developing joint unifie~' ments from the Board of Education to the School Capital Construction Study Commission.,%'~~`~ Refer to Office Vision Bulletin Board Cor Disposition 1"13 NEW HANOVER COUNTY INTER-OFFICE -MEMO DATE: ~ October 25, 1995 TO: New Hanover County Board of Co issioners FROM: Allen O'Neal, County Manager ,. RE: School Capital Construction Study Commission Visit The School Capital Construction Study Commission, established this year by the General Assembly, will visit New Hanover County on November 30, 1995. During the Commission's visit; yI think it~ would .be appropriate for the Board af. County Commissioners and the School Board to make joirit comments concerning the County's school facility needs." ~ ~ • ~ ' ' ~~ =~ ~ • The visit on November 30 will begin at 3:00 p.m. and include the Spencer Administration Building, several schools, dinner, and a public hearing. I plan to present more information at your November 20 meeting, but before then Chairman Greer, Mrs. Cavenaugh, Dr. Martin, and I will get together to discuss a meeting date for developing joint comments. The Commission will consider the issue of appropriate state and county roles in funding schools. The Commission's mission is to identify school facility needs, rank the needs, and explore various methods of governmental financing to meet the needs. The Association of County Commissioners supports the efforts of the School Capital Construction Study Commission. Please let me know if you have any questions. 114 OCT-26-1995 12 58 OFC OF THE SUPERINTENDENT 910 815 692? P. 02 E1vRO~,L~vrEN~c • ACTUAL • PROJECTION • ATTENDANCE PRO GRAMS • CLASS slzE ° ~ EXCEPTIONAL CHILDREN . ~ DROPOUT ~ ' - CO-CURRICULAR - (MUSIC, ART, DR:AN1~, ETC,) • NON-PROMOTIONS • 11-'iA GNETS . rROJECTroNS HOUSING GROWTFI • MATHEMATICAL PROJECTYONS • LAND AYAII.~ABILITY PCIT,TTTf~A Y, • VOUCHERS • REDISTRICTIlYG CONSOLIDATION/ANNEXA,TTON • 45-15 YEA2ZROUND SCHOOL MULTI-TRACK • BOND PROPOSALS 115 OCT-26-1995 12 59 OFC OF. THE. SUPERINTENDENT - 910 815 6927 P. 03 1980-1985 x9ss-199o 1990-1994 1994 1995 K-3 4-tS 9-12 K-8 1:26 ~(~1~IAX• OF 29) 9 1:27.5 9MAX. OF 30.5) 10-12 1:31 (11~IA.X. OF 34) K-9 d ls2b {MAX.OF 29) 10-12 1:28.5 )MAX.OF 32) K 1:23 (1~IA.X. OF 2G) 1-9 1:26 (MAX. OF 29) 10-12 1.:28.5. (LY1AX. OF 32) K-1 1:23 (MAX. OF 2G) - 2-~ ~ 1:26 (~-7AX-OF 29) 10-12 1:28.5 (MAX. OF 32) NOTE: CLASS SIZE REGULATIONS CALL FOR LOCAL BOARDS OF EDU- CATION TO MAINTAIN AN LEA-~YIDE CI;ASS SIZE AVERAGE NO HIGHER THAN THE FUNDED ALLOTMENT RATIO.OF TEACHERS YN EACH GRADE SPAN. THE ALLOTMENT R-ATIOS.ARE GRADES K AND 1, x:23; GR.A_DES 2 TO 9, 1:26; AND GRADES 10-12,1:28.5. :116 ~.~~ ~~~~. yr L~l 1:30 (MAX. OF 33} DAILY LOAD MAX, OF 1501985-1990 .,~, t r r t e r i GRADE K 1 2 3 4 S 6 7 8 9 10 Ix I2 1980-1985 1985-1990 1990-199 1994 1995 1:26 1:26 1:26. 1:23 • ~ 1...3 1:26 1:26 I:26 1:26 1:23 I:26 1:26 1:26 1:26 1:26 1:26 1:26 1:26 ~ 1:26 1:26: 1:30. ~ 1:26 1:26 1:26 1:26 1:30 1:26 1:26 1:26 1:26 1:30 I:2G 1:26 1:26 1:26 1:30 I:26 1:26 1:ZG X:26 1:30 1:26 1:26 1:26 1:26 1:31 1:2G 1:26 1:26 1:26 1:31 1:31 1:28.5 1:28.5 1:28.5 X:31 1:31 1:28.5 1:285 1:28.5 1:31 1:31 1:28.5 1:285 1:285 117 OCT-26-1995 1259. OFC OF THE SUPERINTENDENT 910 815 6927 P.04 OCT-26-1995 13 00 OFC OF THE SUPERINTENDENT 910 815 6927 P. 05 Vr~~ 4 ' = 9 1985 - 1990 -- 4~ 9 - 12 1990 - 1994 -- 13 ~ - 1 1994 - 1995 -- IG TOTAL = 71 TEAC~I~RS/CLASS ROOMS TEACHERS/CLASSROOMS "TEACHERS/CLASSROOMS TEACHERS/CLASSROOMSS 118 OCT-26-1995 1300 t t t t 1 OFC OF THE SUPERINTENDENT 910 815 6927 P. 06 119 120 OGT-2b-1995 13 05 OFC OF THE SUPERINTENDENT 910 8156927 P.08 1 t 1 1 1 1 1 OCT-26-1995 13 03 OFC OF THE SUPERINTENDENT 910 815 6927 P. 07 ~~ 121 s OCT-26-1995 13~07~~ OFC OF.THE~SUPERINTENDENT 910 815 6927 .P.09 ~~ ~~~ OCT-26-195 13 09 ~. , '~f • ~. '~~~ ~9"e~a;~ i~ '~ti~7 ~ n• ::~>,! .y'',M>~.a,.Z. ~~.-0p~.\~ ~V J~~~? ~• \1' ~` .NN'V'.1.~ ;~~\. ... \ll \ ^~~ 1~ ^ ~U11'~V ~~~~\~ ^~ry~~\~ ~~o; ~'ti ; ~~ V ~`,~ \ `,\ ~` V``4 'l. ~ \~Z~a L 7 , ~ \ '~ a ~ \ ~ K e }\}~\ *~~ \ 1MT i`y ~ 11 ~„~'~t'^~ ; e~ ?\Cc: ~G.. ~u~t~~ ~ .~ . ..t-. ~Y '~,~~:;w;:'n~pllj ~ ~.: ~Sr t°'y ~`P.i :\~`~\t~~..: ,~i,a.~: j. ~ i^i. ~~.~`~~ \ ~a~ . _ :h~M~r{ h.~b1 `+ i~ ~,~ ~~•.u `~~.`. ,,,~~~ ~'a\~~:: ~ ,`~ v`` ~- v:;'- r ~~. l 910 815 6927 P. 10 \ . ~ ~\ \ \ ~~ ~ "\ t' ~. \ ~ '~~\. \ l \ QQ \ l . \ ` ~ l \ :l \ T~R~I .f 19,329 ~a74 ~~~ _, \ ~ ~R~ \ .: \ ' . \ \ ) 4 \l ,~~~ V V~ \ ~~//~~JJ \ , \ V \ \ \ R. V ~~' \i \ 1a \ •. i ~-\ ~~~1~ \ n \\ \~ \i ,. o NEW ~if1NOVER COUNTY SCHOOLS 1980 4 32 SCPIOQLS 1995 A ~ 30 SCHOOLS . ~ -~ 98 -199 , ~ ~ a `.. CA SED SCHOOLS ~. ' ~ i _ 'LAKE FOR.REST r . DUDLEY 733 ~' PEABODY ~ 330 'I'II~ESTON 482 WII LIAM HOOPEI 758 ~- - Z SUNSET'PARK-JR. ~IIG1I 281 520 . -.. - 3104. • . PENED . CHOOL. - - ~. ' B ELLAMY 70HNSON ~ . . 474 MYRTLE GROVE 471 ~~ LAKESIDE 731 240 . • • _ 1916 3104 : ~ ~ 1188 ~ 27 = 44 CLASSROOMS ~, 124 ~ 91 1188 ~ 25 = 47.5 CLASSROOMS 1188 TOTAL P. 11 OCT-26-1995 13 12 OFC OF THE SUPERINTENDENT 910..815 6927 P. 11 ~~ i 1 1 1 1 1 l 1 1 1 1 i 1 i REQUEST FOR BOARD ACTION Meeting Date: 11/06/9 ' Regular Item #:12 ~ Consent Item #: Additional Item #: Department: Presenter: Page Count in Agenda Package: Contact: ~UB.TECT: Subdivision Appeal: Masonboro Forest RIEF SUMMARY: Masonboro Forest, a performance development, was given preliminary approval by the Technical Review Committee on October 25, 1995. As part of the approval, the developer was required to reserve a portion of the Southern Outer Loop right-of--way that crosses the southeast corner of the property. The developer contends the road will never be built, and it would be an unfair burden for him to preserve tl~e corridor. J RECOMMENDED MOTION AND RFO TEST n At"T[ONS• Commissioners should hear the appeal and consider either approving, disapproving or approving with modifications the proposed preliminary plan Federal S: State S: County S: User Fecs S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~cGVir.vvr~u csY• LGL: T~ Hear appeal. FIN: BUD: HR: ~~ P:O~ who rid; f~ ~~ 125 OCT-26-95 11,49 FR061,YOW FOX 8. MAI~IIJE(~I ~ ID+2519247 PACE L,AW OFFICES how, Fox & 1~~arrzvErr, L.L.P. 102 Nox(~ F<FZ~I Avt~ui; W>La~c~roN, Noxrx CAROLUaA 28401 BDCAR L. Y01v (190£.1983) CICERO P. YON (I91~-1990) DOUGLAS A. FOX ' .HERBY A. ~ANr~v. sx uO.~I. L, YOB Of Coansci w Aux coBa orco~l October 26, 1995 3fAILING ADDRESS: P.O. DRAWER 478 Wualtr:crox, Nc ze+o: . PHONE (830) 762-?A 21 PAX (910) 251.9257 VIA FAX 341-4040 Mx. Walter Avery, Jr. S2i110Y ri.alicler New Hanover Gounty Planning Department 320 Chestnut Street, Room 403 • Wilmington, NC 28401 , Re: Masonboro Forest. Dear Pete: .. We herewith appeal the decision of the TRC Board of the~25th day of October, 1995, and request that this item be placed on the next agenda due to the unusual hardship on the members of Masonboro •. Forest_ ~ . .With kindest regards, Yam, ~ ~~ Sincerely, YOW, FOX ~ MANNEN, L.L.p. ~• ~ . .~ Lionel L.-Yow LLY/lah ~~_ ~~ ~~~ .~ 12 6 ~ ~~ Y -.. 1. ~4:u. _. , . ~..~+ lei ... .. 1 ~~ y 4 .. z ,~~ DEXTER L. HAYES Planning D'uector NEW ~IANOVER COUNTY .PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOM 403 WII,MINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) ,341-71bS October 26, 1995 Mr. Lionel Yow Masonboro Forest, LLC 102 N. Fifth St. ~niil;;,i~.,~.,~ (`:C 284^1 ,y..., , RE: Masonboro Forest Dear Mr. Yow: A preliminary plan for the referenced project was reviewed on October 25, 1995 by the Technical Review Committee (TRC) of the County Planning Board and approved pursuant to Sectioris 32-3 of the County Subdivision Ordinance arid 102-4 of the Zoning Ordinance. This approval includes a requirement that the portion of the .proposed Southern. Outer Loop corridor that passes through the southeast portion of the site be reserved for a period of one (1) year .from the date of final plat recording. If no action is taken by the State within that time period to . procure this corridor, the reservation requirement will expire and you may then proceed with your plan of development for the site as originally proposed. If you do not agree wish this approval, you may appeal the decision to the Board of County Commissioners. The appeal should be in writing and addressed to Mrs. Lucie Harrell, Clerk to the Commissioners, 320 Chestnut St., Rm. 301, Wilmington, NC 28401. A total of 229 lots as indicated in your land use summary are approved. However, the number of units may be fewer after taking into account the reservation of the corridor. Redesign of the plan may be necessary. Attending the meeting were: TRC members, Ken Shanklin, John Dyer, Jim Wolle, Charlie Howell and Joyce Fernando; members of the County staff; Larry 8needen and you. This approval shall be valid for one (1) year. The plan will automaiical(y expire if a final plat for all or part of the plan is not recorded within twelve months. You may request a preliminary plan extension from the TRC if you are not able to record a map in the prescribed time. All extension requests must be made prior to the~lan's expiration date If you desire to record a map prior to the completion of required improvements, a surety in the .form of a letter of credit, bond, or cash in escrow must be Posted. However, a cost estimate must be submitted to and approved by County Engineering before the surety is presented. 127 • ~ - It will be your responsibili[y'to obtain other development related .permits, as .applicable. If you have any questions, please let me know. . •. Sincerely, /~ Walter Avery, Jr. Senior Planner cc: County Engineering • Zoning Enforcement Div. Of Coastal Management Corps of Engineers Larry Sneeden .. ,. • ~:~ • ,~- ~. _. ~~ • . ,: 'i ,f _, .. a /~ • _ ~. ,; ~ , , ,. _ ~, ~~ 128 • ~~, `~, ~~~~ ~t~ IAM~s B. Hutl-r )2 GovE~~~R S`L'ATE OE NORTH C,,lROL1NA ~ ~ ~` 257 D~PARTlNLNT OF Z~ANSPORTATION . 1:0. riOX 25201, FLICI:lGH, KC 21611-5201 October 25, 1995 c~lu~,ti s. c~>~-,- JR S~C}tE7NtY Mr. Douglas A, rox Yow, Fox & Mennen, I„L p P. 0. Drawor 479 'Wilmington, North Carolina 28402 • Derr Douglas; Thank you for your recent letter concerning the Southern Outer Loo of W' 1 P ilmingto~, The 1996-2002 Transportation Improvement Program (TIP) was adopted by the Bo • of Trans~rtation in June. This project was not funded during tho sewn- ear W nr ~I% no Planning, design, right-of-way a uisition y Ply' ~Criod; • consrder this pro~cct for addition to thoTTp ding the next paste vltics a~ schodulcd. Tlu Wilmington Southern Outu Loop from OlcandcrDrivc to Shipyard boulevard is mutually adopted Wilmington Urban Area Transpo~tion Plan, which rccammends P~ of the ,improvements over the next twcnt•Y years, This project has the support of Ioeal govo m is a very big h local priority for future funds, However, anticipated revenues through a and 2002 havo beon committed to other projects. The onl wa to fun y P~Bmmmed Pmj~ts, with highor priorities, Y Y d the; project is to elay other Duo to the estimated cost of the Southern Outer Loop, this project is not likel i If this~Pro'ect remains a high local priority, we could begi ending it in future u a T~• ~g~t-of--wayy acquisition could begin as earl 0 Y to be~fusnded soon. ..schedules would depend upon available revenues and o alive ~ COIIS~etion~ 007 of the improvements. pnority to other nee These • I will share a copy ofyour letter with Odoll Williamson, our board We will revie~y this project with other needed improvements during our next TIP u d te. I we aro unablo to give you a more favorable rc 1 , y of Trensportatio~ Member. P Y P ~ regret Thank you for your concern for improvements to our transportation svstcm in Nor+T: ~ - 1 ~" nrovrde you w.y additional information, plcaso let me know. ~`°' ol.na. I. IBQ/ds incorcly, I Garland H. Garrett, Ir. I I cc: Odell Williamson, Member, Board of Transpottation PlioNr (919) ~:f3-2S20 FNC (9I9) X33-9150 t 1 i )I DEXTER L HAYES Planning Director Mr. Larry_ Snecdcn Andrew & Kuske 202 N. Fifth Ave. Wilmington, NC 28401 I.~ NEW -HANOVER COUNTY ~ • PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOIvI 403 WII,MINGTON, NORTH CAROLINA 2840.1-4022. TELEPHONE (910) 341-7165 • October 3, 1995 RE: Masonboro Forest, Preliminary Plan Conu~icnts Dear Mr. Sneeden: Staff has completed its initial review of the referenced .projcct and offers the following comments and observations: 1. The name of the projcct, "Masonboro Forest"has been rejected by E-91,.1. A substitute name must be provided. 2. A letter of Cape Fear Utilities outlining their conimitmcnt to provide water to the projcct must be submitted. ' 3. :. 'No fire hydrants are shoat on the plan--will.thcy be provided? 4. An access casement not Icss than 30 feet in width must be provided to lot 218. ' ' 5. It has been dctcnnincd that a segment of the proposed southcm outer loop passes throush the eastern portion of the tract. As a result, you may be required to alter the current design of the plan to include a collector road.a•ith adequate tight-of-w5y.to reflect the proposcd,ali~imcnt of the loop, or altcrnativcly you may be rcquircdao:dcdicatc'thc right•of a•ay for the corridor and utilize thc'dcnsity from it in other areas of the tract. ~ Either option would require that the aligrunent be tied with adjoining NCDOT property to the south. .. Several reviewing agencies have yet to pro~•ide conuncnts on this design, thus it is difficult at this time to project when the Teclu~ical Review Conunittee will, act on the proposal. You will be promptly notified when that meeting is ullimatcly scheduled. ~. !f you have any questions, please Ict me I:now. Sincerely, ~j) ~• Waller Avery, Jr. • Senior Planner cc: Masonboro Forest, LLC . NCDOT . 13 0 Dexter Hayes _ .. - - ~ . .. REQUEST FOR BOARD ACTION „ ~ Meeting Date: 11/U6/95 Regular Item#: Consent Item #: Additional Item #: xx . Department: Planning Department Presenter: Page Count In Agenda Package: 10 Contact: Dexter Hayes SUBJECT: .Construction of Road. in I-40 Industrial Park for Vision Software, Inc; BRIEF SUMMARY: As part of the Economic Development Project for the I-40 Industrial Park; NCDOT has agreed to ' ~ reimburse the County up to $117,0.00 for the cost of constructing an access road .into the park. If ' the cost of the road exceeds that amount, the property owners, Auto. Park Associates, have agreed to pay. the balance.. A second agreement with Vision Software allows them to begin preliminary . work on.the road in order to gain access to the building site. These costs would be reimbursed by . the County to Vision Software. RECOMMENDED MOTION AND REQUESTED ACTIONS:. " The Board is asked to authorize the Chairman to sign the two agreements which have been prepared by the County Attorney. FUNDING SOURCE: .REVIEWED BY: ,. , LGL: FIN: ~ BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval contingent upon the County being approved for the Conununity Development Project State Grant: The .attached agreements should not e signed until the County receives official notification of approval of county Development Bloc t. The riecessary .budget amendment ~ will b`e forthcoming after approval from the stat . ~~ ,. Refer to Office Vision Bulletin Board for Disposition F' ~, I' ~~ is ~; _ ~. . - ~~~~~ . ~ New Hanover County Contract # 96 - ;0172 _ NORTH CAROLINA ° ' NEW HANOVER COUNTY ~ AGREEMENT THIS AGREEMENT, made and entered into this day~of 1995, by.and between NEW HANOVER COUNTY, apolitical-subdivision ofitte State of North Carolina, hereinafter called "COUNTY" ,and AUTO-PARK ASSOCIATES, a . North Carolina General Partnership, hereinafter called "AUTO,PARK"; . ~ WITNESSETH: - WHEREAS; Auto Park is the owner of a' certain tract of land adjoining Sidbury Road,. Interstate 40, and Holly Shelter Road; WHEREAS, ahe North Carolina Department of Transportation intends to make available to New Hanover County a sure of One Hundred Seventeen Thousand Dollars ($117,000.00) for construction of a road across a portion of the-Auto Park tract; 1NHEREAS, should the County undertake construction of said road, and in the event that expenses therefore exceed One Hundred Seventeen Thousand Dollars ($1 T7,000.00), Auto Parl< is agreeable to paying the County that sum involved in actual ,:.~~ : ~ ~ .~. construction in excess. of the One Hundred Seventeen Thousand Dollar ($117,000.00) ,. - _ State reimbursement to-the County.. WHEREAS,; said road. is desirable for.the public benefit that will.. be derived from. 1 - ,_ 'New Hanover County Contract # 96 = 0172 -coordinating construction of said road with needed sewer and drainage facilities, and ,for the jobs and economic opportunities-that will be generated by the access. NOW, THEREFORE; in consideration of the mutual benefits inuring to the . parties herefo, and based on the mutual covenants and understandings set forth herein, the parties do hereby covenant and agree as follows: Should New Hanover.County undertake construction. of a road ori; over, or .across any portion of the Auto Park track, more fully described in Deed Book 1400, Page 752,. Deed Book 1415, Page 615, and. Deed Book 1427, 'Page 1791, and should construction costs of said road exceed .the One Hundred Seventeen Thousand Dollar . ($117,000.00) amount which the State is to reimburse the County, then Auto Park shall promptly pay the County, upon demand, the full and total sum of any and all road costs in excess of One Hundred Seventeen Thousand Dollars-($117,000.00.). furthermore, Auto-.Park will also be responsible to Vision Software, Inc. for any - interest charges or carriage costsincurred iri the_preliminary site access-.construction .undertaken pursuant to New Hanover. County Contract #96-0173.. - :This the day of , 1995. NEW. HANOVER COUNTY . [SEAL] . - Robert G. Greer, Chairman New Hanover County . ~ . .2 . ! ' ~ ~ _, _ ^. t t. y .. 1 . t New Hanover County Contract # 96 - 0172 ATTEST: Clerk to the Board AUTO PARK ASSOCIATES, A North Carolina General Partnership {SEAL} R. Allen Rippy {SEAL} J. Fred Rippy, III {SEAL} Frederick Neuwirth {SEAL} Marvin Neuwirth o {SEAL} Robert S. King STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER L, , a Notary Public for County and State; do hereby certify that R. Allen Rippy, a general partner in Auto Park Associates, personally appeared before me this day and acknowledged the.due execution of the foregoing instrument. WITNESS my hand and official seal this .day of , 1995: Notary Public My commission expires: 3 r~ ., ~ ~ '4.. l k New Hanover County Contract # 96 - 0172 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public for County and State, do hereby certify that J. Fred Rippy, III, a general partner in Auto Park Associates, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of ~ , 1995. Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public for County and State, do hereby certify that Frederick Neuwirth, a general partner in Auto Park Associates, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of , 1995. Notary Public My commission expires: 4 .~ New Hanover County Contract # 96 - 0172 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public for County and State, do hereby certify that Marvin Neuwirth, a general partner in Auto-Park Associates, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of , 1995. .Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public for County and State, do hereby certify that Robert S. King, a general partner in Auto Park Associates, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of , 1995. Notary Public My commission expires: 5 s ~d , t, DRAFT New Hanover County Contract # 96 - 0173 NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS CONTRACT, dated this day of , 1995, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as the "County"; and VISION SOFTWARE, INC., a North Carolina Corporation. WITNESSETH: WHEREAS, Vision Software is participating in a Community Development Block Grant administered by the County and the North Carolina Department of Commerce, to provide new jobs and economic opportunities; and WHEREAS, Vision Software desires to build an entry road to access its facility site; and WHEREAS, construction of said access will also facilitate development of certain public infrastructure, including a DOT highway project that is to be contracted by the County with state reimbursement, and that in conjunction with County sewer, is intended to promote economic development pursuant to General Statute Chapter 158; and WHEREAS, New Hanover County is agreeable, to the extent permitted by law, to reimbursing Vision Software for certain approved work relating to development of its access road to the extent such work can benefit the construction of the DOT highway, drainage, and County sewer. NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, the parties do hereby covenant and agree as follows: 1 ,' ~ _. ,. New Hanover County Contract # 96 - 0173 1. To the extent permitted by the rules, regulations, policies, and procedures of the North Carolina Department of Commerce and the North Carolina Department of Transportation, and contingent upon the County receiving a sum, up to One Hundred Seventeen Thousand Dollars ($117,000.00), for road reimbursement from the State of North Carolina, New Hanover County shall reimburse Vision Software approved expenses incurred in constructing the access road to the Vision Software facility site (more fully described in Deed Book 1400, Page 752, Deed Book 1415, Page 615, Deed Book 1427, Page 1791, New Hanover County Registry), to the extent such construction benefits the DOT and County infrastructure projects. Provided, however, that the County shall reimburse Vision Software only those expenses incurred in creating a minimum site access with road stabilization, in a total amount not to exceed Thirty Thousand Dollars ($30,000.00). The County shall not reimburse Vision Software until such time that the County determines the subsequent costs that- will be incurred to develop the remainder of the permanent road improvements to DOT standards. 2. To maximize opportunities for contractor participation, Vision Software shall obtain at least three (3) informal competitive bids for said roadway and drainage work that constitutes a part of the overall Vision Software Community Development Block Grant project design and sitework. This the day of , 1995. 2 r ~fi New Hanover County Contract # 96 - 0173 NEW HANOVER COUNTY [SEAL] Robert G. Greer, Chairman New Hanover County ATTEST: Clerk to the Board VISION SOFTWARE, INC. [SEAL] President ATTEST: Corporate Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director Approved as to form: County Attorney 3 t ;+., New Hanover County Contract # 96 - 0173 NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the New Hanover County Board of Commissioners, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, Robert G. Greer, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 1995. Notary Public My commission expires: NORTH CAROLINA COUNTY I, , a Notary Public in and for the State and County aforesaid, certify that ,personally came before me this day and acknowledged that (s)he is Secretary of VISION SOFTWARE, 1NC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name~by its President, sealed with its corporate seal and attested by him/herself as its Secretary. WITNESS my hand and official seal, this day of , 1995. Notary Public My commission expires: 4 ., '. ~ - NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE n ' 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC NOVEMBER 6,1995 6:30 P.M. ' ITEM NO. -ITEMS OF BUSINESS PA E G ` . f NO. 1. Approval of Minutes 133 2. Approval of plan to provide sewer to area south of Monkey Junction 135 Motts Creek Basin ADJOURN . ` ` ~ - ,, Y i 131 :1 r ~, ~~ :r t,~; ~~, ~~ \~~ ~~ ~_;~ ~~. ~i ~r ;~, ~i 4 '~, ~~, ., ~~ ~' ,~. r ~ ~_ REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: W&S #1 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUB.IECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: Approve the minutes of October 16, 1995 0 RECOMMENDED MOTION AND RE~IUESTED ACTIONS• ~'UIYDING SOURCE• Federal S: State S: County S: User Fees S: Other S: hloncy Is In Current Budget: ~ Budget Amendment Prepared: Nc~v Appropriation Rcqucst: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATION ~~~~'1!' ~~~~~~ ~'~ d~~u~~~~~0~~~c~ Refer to OClice Vision Bulletin Board for Disposition 133 • Tlris pad a iuterrliona!!y lej16larrk • ~~ _ t ,. . , .~~ } ..*~~ 134 .~:. ~ ~ `~ ~,, . ..~~,a . f t ~'~ ~~'. ~~.' . .. ( t o •.. ~ REQUEST FOR BOARD ACTION.. Meeting Date: 11/06/95 • Regular Item #: w&s#2 Consent Item #: Additional Item #: Department: Engirieering - Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver S)UIiJr;L1• ~ r Consideration:ofapproval ofplan to provide sewer to area south of Monkey Junction - Mons Creek Basin BRIEF SUMMARY: As discussed at several work sessions, considerable interest has been expressed for~sewer provisions in the Mons Creek Basin.' The following actions could be taken to provide .sewer: build the interceptors .and pump station now as shown on the attached map ($1.6 million), which are part of the Master Plan but were scheduled for construction in 2006; charge a Transportation Fee of $450 per lot and an equivalent fee for commercial development at the time of building permit issuance for all new construction. This Fee, which will be charged only up to the year 2006, ma•~- enerate up to $1.9 million in revenues. It should be remembered that stimulation of growth in this area by the provision of sewer will create additional needs, such as schools, parks, drainage, libraries and impact the transportation corridors. RECOMMENDED MOTION AND REOUESTEn AGTIONS• The Board should consider taking the following actions: -Approve the above construction plan and direct staff to proceed with development of construction specifications and bid documents. - Adopt the above Transportation Fee. Direct staff to continue developing means to recover costs of growth ~PO FUNDING SOLIRCF,~ ~0~6~ ~a~~~~~u~~~~8'~~~~~ . Federal $: State S: County S: Us"er Fees S: („ 9 r S: ~~.~~~~w,. ll.~~. Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED B'~:, . LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN I-iR: N/A AMALLETT S~UNTY_MANAGER'S COMMENTS ANn RF,C'_(~MMF.NnATTf11VC• r Recommend the Board of Commissioners consider approval of the plan to provide sewer to the area south of Monkey Junction. In my professional opinion it is necessary to reiterate that this project , is likely stimulate the need for additional infrastructure in the area such as schools, parks, etc., etc. ~ . ~ 13 5 Refer to Otfice Vision Bulletin Board for Disposition ! ~ e v~ ~~~ j Ems. ~ ~~ Y Nl{e . '~~ ''~ j ~ . :~.:~,/' ~ • ~i~ ~ "°'' ~.. air ~' ~ ~'' ! . ~. •' s 4 , e. n e ~ ~ l d. J^' 7 • iri ea• f'~~i i ~ f '~ i ~ ."{~ / I ..mot ,' ! a. + . 7 / / ~ w _ i. r e a t m e n t .- - ~ ., , , ~-. ~ ~ ~ ,~`.,,,,. Barnard'.s Creek ~: "-~ ~ "°• :.- Pump Station `'1 ~~ '~.-, '~~.~~~ ~ '~`~`. ~~ ., Monkey Junction :-~•:~: ~ rv~ c ~ ~j/,; ~ '•`` ~,.;! '~ ~~ •~ Pump Station ~`" `~, .., _ ti~ ., ~. a r LLB ?3 Y t~'~ ~ .. ",.,-. i . / ~ ..•o' ~ ~ ~ •~ ~... ~' ~/ . ~ ~~~ /~ ~ / //. ..,,,~ ~•, l~ .. ~'.`-/: ice. ~% Proposed ~~ ~ . ~~ o- ~ v /:' ~~~ ~ ~. Mott's Creek ~ Pump Station ~~ ~ ~ ~~~~~~~ ~ /' / ~ / / .• / .. i ~" ~~~~ Existing Out•fall _ ~ .~:~..: ..~ y '~~~~~~~~~~ Proposed Mott's Creek OutfalD ~~'"~ '`' ~ ~~. 0 Pump Station ~ ., .a . 36 ~ ~a.~ // a ~ e Treatment Plant ~~ 10-19-95 Map-Not-To-Sca b ~, ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1`I'. NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA NOVEMBER 6,1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 139 2. Acceptance of Low Bid for Maritime Pavilion and Establishing 141 Contingency Budget 3. Approval of New Hanover Contract Policy 143 4: Approval for salary increase for Elections Board Members 147 S. Approval of Contract #96-0142 agreement with Cape Fear Community 153 College for parcel of land at 700 Front Street . 6. Approval to authorize Chairman to execute standard CP&L easement, 159 Contract #96-0139 7. Adoption of resolution approving installment financing for DSS building 161 8. Approval of Budget Amendments A. #96-0060 to budget a contribution for speakers at the "Stop" 165., Workshop B. #96-18 to increase budget for additional revenue received 166 C. #96-21 to budget interest earned on Parks Capital Project 167 D. #96-0065 to increase the Library's Book account by $18,727 168 9. Adoption of Public Access Data Policy 171 10. Approval of Fire Services Administrator Position 177 137 1, 38 ~I ~~ ~. j ~~! REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Zegular Item #: ~ Consent Item #: 1 Additional Item #: department: Governing Body Presenter: Lucie Harrell ?age Count In Agenda Package: Contact: Lucie Harrell ~TTD TL`/~T. lJ V LV L' V L Approval of Minutes ~,;,: BRIEF SUMMARY: ~~ Approve the following minutes: ~~ Work Session of October 12, 1995 Regular Meeting of October .16, .1995 ~~ ~ . RECOMMENDED MOTION AND RE UFSTED ACTIONS - _ - Y =Approve the~minutes~ - ~ ..~..-.~.., _.. - -. __ .....- - - .. .... . ,~. ,~: 4. ~~ k'UNDING SOURCE• ,~- `~~ ~% ~1 }~ ~.. Federal S: State S: County S: Uscr Fees S: Othcr S: Money Is In Current Budget: New Appropriation Request: t3udget Amendment Prepared: REVIEWED BY• LGL: FIN: BUD: ~: COUNTY MANAG R' COMM NTS AN R OMMFNDATIONS 0 -- - ~ - _ Rcfcr to Olrce Vision Bulletin Board for Disposition 139 ~' ~ ~ ~ h ? y ~ ~ REQUEST FOR BOARD ACTION ~~ Meeting Date: 11/06/95 fZegular Item #: Consent Item #: 2 Additional Item #: Department: Museum Presenter: George Shaw Page Count In Agenda Package: Contact: Janet Seapker SUBJECT: Acceptance of Low Bid for Maritime Pavilion project at Cape Fear Museum. BRIEF SUMMARY• " Bids were received for construction of the maritime pavilion at Cape Fear Museum. Paragon Construction was the low bidder at $157,750. Funds exist in the capital project~ordinance. RECOMMENDED MOTION AND R OUF4TF1) ArTTnN Request the New Hanover.County.Board of.Commissioners accept the. low bid: of $157,750 offered . ~~ by Paragon, and authorize the County Manager to sign the contract. ~ '~ ,~~ ~~~ FUNDING SOURCE: Federal $: State S: County S: User Fees $: Other S: bonds Money Is In Current Budget: yes New Appropriation Request: Z~~~toet Amendment 1'rcnared: no ~~ REVIEWED BY• ` LGL: FIN: BUD. HR• N/A AMALLETT l~ r Recommend acceptance-of low bid for Maritime Pavilion. This bi s m the establ-fished budget. ~~~ ~~~~~~~~~ ~~~"r~~ .,..y~ (fir , ,r..r3~, , ti.:~,,~ 141 ~~.~.x- !~.J,c,~aS ~r .n , i Refer to OtTice Vision Bulletin Board Cor D'uposition ~r ~^.a~~aim O (7 '. D~ ~. ~~~o~~ ~ ~~ ~~gZ~> Q' R'. ° ~~r. ~ m: °~ ~~ zN D~ ~ ~ j ~ ~Z8 ~ ~i ~ w c: • ~~ ~~~~~~ c~ ,m~em~ ~~ O N O ~ , D a a a o N N N O • m . _ O a O a N o x x x ~ m m X X X o1 N N_ N' m • ~ ~~ ~ N (J ~D N (!i ~ OI O m O ~ O O • ~~ ~C ~ ~ ~ ~~ m m o Y^ S S g • N `y_J~ H N N (~. ~ O 4~ 8 ~ V V ' r O b 8 8 ~. +~ j ~' m ~ ~~ 0 og _ ~ ~. , 5 N ~ c- Q~ N 8 ~~. O S ~''' ~, ,~~ ,~;. ~: t Regular Item #: ~ Consent Item #:3 Additional Item #: Department: Legal Presenter: None Required Page Count In Agenda Package: 4 Contact: Kemp P. Burpeau REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 ' SUBJECT: New Hanover County Contract Policy BRIEF SUMMARY• Recent changes in the General Statutes pertaining to bidding and public contracting make it necessary to revise our contract policy. }~/ ~ '. RECOMMENDED MOTION AND REO'i~Fz,STF,D ACTr~N~ . , , -- ..=;; ~Consider~proposed amendment~of the Contract Policy. -•~ ~r--. - - ~~~ ,~ ' FUNDING SOUR E• ~~ Federal $: State $: County S: User Fees $: Other $: ~, Money Is In Current Budget: New Appropriation Request: Budget Auteutltneut Prepared: ' ,~`~ REVIEWED B~ ~...: LGL: APP WCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR• N/A AMALLETT ~~ t - ~ RE OMMFNnaTr~rt Recommend approval of contract policy corresponding with recent changes in the g ral statutes. ~` ~~~~ .. ~ A ~i" ~i!,l'" p^~•~ i, - --~- ~~~t~~~ ~~~~~~~~~~~~~~~.~~ 143 ~1 Refer to Office Vision Bulletin Board for Disposition • • '' NEW HANOVER COUNTY CONTRACT POLICY • A contract is an agreement between two or more persons wh~ch creates an obligation to do or not to do a particular thing. The terms contract and agreement are interchangeable. The origin and final disposition otall contracts in which New Hanover County.is a party will be in the Legal Department. All contracts shall bear a County contract identification number to be assigned by the Legal Department. Requests for preparation of contracts will be in writing to the Legal Department by memorandum, and will include all of the information necessary to draft the document, along with all supplemental information necessary, such as exhibits, schedules, maps. ~ Requests for review of contracts proposed by another party will also be in writing to the Legal Department by memorandum. The Legal Department will determine whether the provisions, terms and conditions conform to County policy and are in the best interest of the County. Such requests shall be submitted to the Legal Department at lezst ten (10) working days prior to the date needed or the Agenda deadline. Requests for contracts to be included in projects advertised for bid, whether informal or formal, shall be made to the Legal Department at the time the technical specifications are being prepared and prior to the advertising or solicitation for bids.• It is of the utmost importance that . . • '--::.the terms and conditions'of the-contract~b'e'made`available to• the bidders; iri order that ariy'~' : '~ extraneous costs (i.e. insurance, bonds, etc.) be included in the bid proposal submitted to the County. Informal and formal bidding requirements and procedures are mandated by North Carolina General Statutes. Contracts for purchases less than $20,000 will be signed by the County Manager. Contracts for maintenancelrepair, services, or construction less than $100,000 may be signed by the County Manager. An exception to these limits are contracts for.the maintenance of County equipment where the annual maintenance payment does not exceed $5,000; these contracts do not need legal review and can be signed by the Department Head. Contracts in excess of the above amounts will be placed on the agenda for the approval of the Board of Commissioners. This policy, a roved this 6th da of ~1 PP y November,. 1995. supersedes any and all policies referencing contract procedures heretofore approved.. 144 --'- t :. ~ ~~... 4~ ,~, ,~ NE'W HANOVER COUNTY ~~ INTER-OFFICE ~~ ~ ..\, J... \`v:.\`u.\.,, ~'F\'S.c'~~:c .av3:?: ~':w;: y:.::; ~;..:.. ..tw~%. `.o `:<v:::. <C<..:::aK:hC~:~c.~.. :.... _,. .,.,... ..ti ~._ ;, << October 5, 1995 ~r T0: Allen O'Neal, County Manager THROUGH: Bruce T. Shell, Finance Director -r %~ FROM: Amy Akin, Purchasing Agent ~Q~-~ RE: Changes in General Statute On October 1, 1995 changes in the General Statutes became effective concerning construction bids. ,.. Y:.:`_.V4!heq I received`this information at a recent.conference, I forwarded a summary of the changes to _ George, Kemp, and Bruce but our Purchasing Policy also needs to be revised to reflec"rthe changes: = ' =`"' The intent of the County's Purchasing Policy has been to established bid requirements to conform ~1 with General Statutes. Therefore, I am requesting your approval to make the required changes to our current policy to bring it in line with the new limits of the General.. Statutes. The changes to be made are summarized as follows: !~ 1. Requested Revision: Increase amount at which. formal bids are required from ~~ ~ 550,000 to $100,000 4 (Existing Policy: Ijthe conlrac! is jor corrslruction or repairs, forma! bids are required at .~50, 000.) 2. Requested Change: Increase the range which requires informal bids from \~` 55,000-550,000 to 55,000-5100,000 i • istin _ Policy.• li fon»a! bid proceclrrres must he joUowed on contracts for corrstrrrction or repair work when expenditures of $5,.000 to ~$S0, 000 are irrrolved) f ~~ ~. 145 _ - 3. Requested Revision: Allow County , at its discretion, to use single prime, multi- . ~ prime or both for bidding construction building projects • behveen $100,000 to $500,000 (Exi.stirrg~ Policv: For a building corttrac! of X100, 000 or more multi prime system is required. Single prime bids Wray be received in addition to nrrrlli prime bids.) 4. Requested Revision: .Increase the amount at which branches of work may be combined from $10,000 to $25,000 (Example: Combine plumbing and electrical construction work.) (lxistirrg Policy: Any branch of work Wray be combined with another u~herr its Iota! cos! is estimated to be less than .~10, 000.) 5. Requested Revision: Increase amount at which performance and payment bonds are required from $50,000 to $100,000 [Existing Pol„~: A perfornrarrce bond rnrd laborers' acrd materialmerr's bard for the frr!! arnourrt of the contract nuns! be given for all constructiar or ..repair corrtracls over ~SIS, 000 when a project irrvotves two or more contracts _ ~ _ _ ti+~hose srrm exceeds $S0, 000. IJa corrstrlictiorr or repair project iirvolves only - - '~ ~~'-~ •~~' -~ ~ ~. ~ ~ - - , a single coiitr'acl,~ahe perfornrairce and laborers'~inrd nialerialrireirs bards are°'~ ~~ '- not required runless the .contract exceeds .~50, 000.) . Kemp and; I. have also reviewed the existing contract policy and made revisions where necessary to incorporate changes. Contract policy must be approved by the Board of Commissioners. Wanda will be forwarding this information to you in the near future. Please let me know if you need any additional information. - /aa ~;. .~_ cc: /Kemp ~urpeau, Assistant County Attorney George Shaw,. Chief Project Engineer 146--~- t 1 1 i i t REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: Consent Item #4 Additional Item #: Department: Elections Presenter: Page Count In Agenda Package: Contact: Len Chamblee JV[SJL'l.,l' Salary Increase for Board Members (two other than the Chairman) BRIEF Si1MMARY• On behalf of J. Albert Clyburn,, Chairman of the New Hanover County Board of Elections, I am requesting a,salary increase for the board members. The Board feels the difference between the Chairman's pay of $4019 and the member's. pay of $1608 is too great a difference and that the board member's pay should be brought into line with the Chairman's pay and with other counties who pay their boards on a salaried basis. After.reviewing information on methods of payment to board members around the State, it was determined that there is no standard except that all appear to be paid at least the $2~5/meeting as required by General Statutes. The annual increase from this would amount to $1784. RECOMMENDED MOTION AND R nITFSTED ACTiON~ Consider increasing the board member's annual salary to $2500. This increase would bring board_ members . '~ ~ ~ ~ ~~~ (other than the Chairman) to a salary of approximately two-thirds of the Chairrnan's •R;=_.. ~~' `~'' ~ - '~+ . ~ ` ~f .1 / ,f _r ,State S: County S: 1784 User Fees S:. Other S: Money Is In Current Budget: Yes Budget Amendment Prepared: New Appropriation Request: ~~ REVIEWED BY• ~ ~ LGL: APP WCOPLEY FIN: BUD• N/A CGRIFFIN HR• APP AMALLETT ' COUNTY MANA R' OMMFNT AND RF,C'OMMENDATiON~ Recommend royal. Cam Griffin, Budget Director, advises that a budget amendment is not ~, .necessary. ~` ~~ .. , ' ~~~~ ~~~ ~ ~~~~~~iy~~~~~ - --•• , ~~!~~l~j..!~ .I~ las 147 Refer to Office Vision Bulletin Board Cor Disposition l MEMO October 2S, 1995 r TO: Allen O'Neal, County"Manager , '~ FROM: Andre R. Mallette, Director ~ . . ~ Human Resources Department . - RE: - Requested Salary Increase-for Board of Elections Members • ~ . I have reviewed the request by J. Albert Clyburn, Chairman of the New Hanover County Board of Elections, to increase the annual salary for Board of Election members from$I,608 to $2 500. I am sure that you. are aware that § 163-32 of the General Statutes only requires that the county~pay Board of Elections members $2S per meeting plus any expenses incurred during the performance of their duties. The statute allows however for the Board of Commissioners, "in its discretion," to pay the Chairman and members ofthe Board of Elections additional compensation. "''J` • -~~ -'County salary information~~shows•that'the Board of ~ . ~ •~. Commissioners' has; historically, ~el~ected to ~ ~~ ~~ exercise its discretionary authority and compensate the Board of Elections chairman and its members at higher than the minimum rate required by the statute. A review of the pay records also shows that a substantial difference has always existed between the salary of the. chairman and the Board members. ,~, Discussions with Len Chamblee, Elections Supervisor, revealed that while the Board of Elections Chairman has some additional responsibilities from those of the other two members, the current Chairman does not think that those additional responsibilities justify a 60% difference~in salary. ' Therefore, Mr. Clyburn is recommending that the salary for board members be increased to $2,500 per year. This change would reduce the difference to only 38%: - ' A review of available salary intonnation tom around the State reveals many salary arrangements for Boards of Elections. These arrangements range from the basic $2S per meeting plus expenses for both chairman and members to $7,170 per year for the chairman and $3S per day~for the members. I am attaching a copy of .this information to this memorandum for your review of the various arrangemjents that exist. ~ .. ~2 Based on the information available, the Board of Commissioners may choose to increase the salaries, of the Board of Election Members, to .ihe requested.$2;:500 per year by exercising their discretionary authority. The approximate~total cost'?for fhe~n~c~reas`e;including FICA would be $1,920. 1'~v~F$glad to answer any questions you ma }iave~c~~ ncernin this recommendati ~ ~ Y ,.. g on. ~~ . .~ NEW HANOVER COUNTY INTER-OFFICE l FRANCES SID[3URY CtiA~1BLEE Director NEW HANOVER COUNTY .BOARD OF ELECTIONS 24 NORTH THIRD STREET, ROOM 101 WILMINGTON, NORTH CAROLINA 28401-4529 TELEPHONE (910J 341-4060 FAX (910) 341-4063 September 7, 1995 Robert G. Greer, Chairman ' New Hanover County Commissioners 320 Chestnut Street Wilmington; NC 28401 Dear Chairman Greer: J, Albert Clyburn Chairman $etty R. Humbles Secretary William R. Shell Member It has come to the attention of the New Hanover County Board of Elections that there is a great variation in the salary of the chairman and the other two members of this board. The members of the .board do basically the same amount of work as the chairman. The Chairman holds more ' 1 responsibility, but actions by the board require a quorum. • ' A comparison of salaries of boards. of elections across the state has been compiled by the Institute of Government and a copy of same is included with this:letter. As you will_note the method of . . ~~ ~ payment and the amotint varies from~county to courity. ~ _ ~ '• However, ihis Board feels that the difference between the Chairman's-pay of 54019 and the board member's pay of $1608 is too great a difference and that the board member's~pay should be brought into line with the Chairman's pay and with other~counties who pay their boards on a salaried basis. This Board respectfully requests that the Board Members' pay be increased to $2500 yearly which is equal to .approximately two-thirds of the Chairman's salary. If I can supply you with any additions! informatiola or if you leave any questiol~s, please call meat 762-1990. fsc Enclosure cc: Allen O'Neal, County Manager ~~~ ert Clyburn, Irman Hanover County Board of Elections S~ 1 3 95 1'.; s.v, ~i? 149 TABLE XI. BOARD OF ELECTIONS AND SUPERVISOR OF ELECTIONS January 1994 53,60010 Alexander Anson Ache Avery Beaufort f?ertie Bladen Brunswick Buncombe Eurice Board of pections Chalrtnan Member of pectfons A(in.' Maz' Actual' 525 meetir>gs 525 meeting 525 meeting 525 meeting S25 meeting` 525 meeting's 51.800" 525 meetina'z 550 per meeting" 560 first hour, then 525 per hour 525 mtg; S50 can- vass-day; 5150 election ~y:o S25 meetir>gi S25 meeting 525 meeting 525 meeting' 525 meeting' S25 meeting 10 S30 dayJ' 525 meetingn S50 per meeting'' 550 first hour, then S25 per hour 525,836 541,172 529,544'". 17,101 23,489 18,405s . 10,2ggxu 16,981 22850 10;686t1 ' • •' 14,016 22.536 15,936 58.00 hour` 18,408 25.7'i6 21,432' 14,136 24,456 20,244" 21 °25 29,414 21,925'x+r 22683 31.750 27,148" 25.048 36.920 , 33.iSOt`. 2284: 23.024 23 °56 Cabarrus Caldwe'1 550 meek' ~' S40 meetirg~' Camden ~ S25 meetino 530 mee' n ~= S25 meetino•' C g cc5 mtg.: S 100 e!EcScn day 525 meek= S25 mtg.: S 100 el~on day as<vEq Catawba c_ mee~r s~ ~ ; Chatham 535 meEh.• ' S30 mEeSr a S35 mestirs~' C`erokEe g S2.i00 - ~'0 meetinoJ 52 100 Ct•:av2rt ;. 0 meehnc` . S30~mEetinc~ C:ay - 525 meetino3 525 mE°tinq' 19.92 1?.18d 25.:?s zQ.-~3 29.124 ~ 23.604t' u 35.5e5 . 24.1 ~: • 34.074 23.93 t r' S824 hour' 28.2E8 20.930= 31 X32 19.9~j0 29.2°_2 2~ 9i t~' 30.IE~ 24.837== 18.335 , . 5d.00 hcurj 5d.C0 tour's 3J.3:v 25.1 ~ c= 25..c9 23.O~Ci'' 30.-•31 29.330'= X42"6- Sit.Whcur~ 31.P22 25.CSi" ~ - ... - 229`?1 - . 2.15? e%.402 35:247-" 29.:2 19.Pe4'= 9LE_°4 aS.iS'r 30.292 20.150'' 30.5=" 24.c6,-° , S~c.2~ C~y~ ~'O.CO Coy''` C.evE~sd Calumrus ~ Sc.994 c :. ~,: me r S1.Si8 • c9.Ex Craven _ -_ A ,. =~ r,,;g.: S 1 GO E!~ ~GT• 535 n;eetna _ Sd0 m;c : S 100 E!E~cr •• 16:22= ~ oc Cumberland Si.170 . , 535 day 2_.t__ Cumtucik c:^0 plus :a m;g, hr••r'•: 5,500 plus cc mtc. hcu^' , f -_ 02vicsCQ . ..... _ 525 meeting:: - ~ S 1.200 per E!E~cn• . •. ~ 525 rt;Eetinr~ S25 mee - .. . - 21.irs ' Oavie Duofin ~ S.'a7 - 525_cE^~! meetirq c^~ , . • - •60~: 52. scec-0! mEt~.'>a 2 2=0 . 18 POc . Ot:rh~m 125 mta. cay=~ ~2~ meesr: 525 mtc. daY' c c . t8.6~~ E•'cecrrire : S'0 mE°lg:: 530 mE~E^la 'z 301 X31 Forsyth • 52.1sOz _ 521001 1_.Ec= Franklin Gas;c ~ 52= meeting' c r' 525 mES^rr,' 3<.-C3 21 E 00t n Cc;ES 3.23 S2. ;:e=:ir ~ Si oc~: . _ . c S25 n-.Ee:i_= 23.6:7 G~nam S:0 meehro' 540 mEe7r^: Granvi:7e G:Eene 53.524'0 , c^c ~- y c5 me5~•.a~= • - CL~Ifcril . ,„ _ S t ~ 0 i ~ i) cEr 1 7 ~ 5 60 + 5 hcx G={ Harra,t meetingz ~ ^ e; ~ G^ mE rc: S5J e!Er~cn'' meehno" .. S25 mEe~no::7 E:_~cr -~ Hamel ` .0' ~ , Si:vG~' . H~ywocd 5~~ d~r% 525 day= - - Henderscn HE~OfC S~0 mES~' S10 rreeir.C' - Hcke _~~ r-ea~~^..~ e_~ S2 - ' c5 mE=rN' . Hyde - ~ exua ~ .~_ra. • So.50 heur° _ .525 mEE~ro~ c6 50 hctu-~ . IrE=e9 510 . Scv- _!u • c d2v. :0 . - S_=00 -sc0 e!~ day::c0 ins;rurcnat m;c.:20 ins;rttGOnal c;b.: 520 aosantEe mto.: c-0 absentee m;a.::~0 rnvas; Jack:cn ~T+ar meerc S25 meecn ~ meEtiro ~ . Johnston 9 Sn mEetina + .5 hour on S25 mee:irg 525 mE~~no : r hr •r cn Janes e!°:aon day S25 mEnti '~ _ , e!e~cn daY ~°° rA ~ :25 mEesr 525 meesb-- - Lnoir g 52 E=~ 525 me~~r A ~~ . 52 000 Si ~:3 McOowep ~ . S 1 S hour m;a. S 15 Hour m:o. ~ ~ O • - .. 525 mtg. + 575 e!~cn day S25 mtg.. Si S e!e~cn coy 20.~~~ 30.38 22.07' a . 16.E:3 2!.652 ~ . ai.:co c2.112 ~.3iii 20.cia 32.53 22.11'=' 2? 1.7 3i:7:~ 25.3t3~ 2~ ~_: 2:.:cc 2: c ': 13.i2~ ?.~.i i1.E~° .s .~ 24.310 :4:?3 24 215 ~ 16.i~i ti.e12 21 X36 10.923'=~ 20.81;, 2x.1.2 2232 24.153 22.5.4 23.072. 2°.e~s 1 121 c. 3v2 lE..~3 17.2:0 2i.5~i 18.492'= a1 fl ,Board of ©ectlons ~ Supervisor of Qectlons County Chairman Member ~~;• Max.' Actual' Madison 525meeting 525 meeting 515 400" Martin 550 meeting 525 meeting 214 S 9 515 688 . 12 755" Mecklenburg Mitchell $4,100 560 meeting10 52,670 560 meeting10 , 45,700 , 68,550 , 60,545' _ '4' eomery 5 ~eting" S25 meetin ' 9' 18,495 15 744 25,893 25,152 17,100 ~ 18,540' Moor 52 4 ~~ ~ 51,80Q' " , •22564 34,817 28,220" New Hanover Sq pg ~ meeting 31 608 22.752 34,056 27,396" Northampton 525 meeting , S15 meeting 28,142 15 824 42,186 23 136 29,598 18 98921 Onstow OranSe $25 meeting 525 meeting , 19,761 , 27,234 . _. 22,489x ~ ~ ~ . Pamlico 57.15 hour 57.15 hour 33,992 15,168 54,050 27 936 47,2612 ' 14 390'° Pasquotank SS hour SS hour 18,600 , 28.896 , 20 701 Pender Perquimans hourly rate' ~ 525 meetin hourly rate' 21,018 27,137 , . 21,0182 Person g 525 day ~ S25 meeting S25 day29 11,460 492 21 17,148 31 8 15,000' 15 Pitt 51,200+535 mee5ng, + 51 5900 +535 meeting + , 28,314 a 0 46,150 23.544 34,450 PoUc flandolph Richmond Robeson .Rockingham Rowan Rutherford Szmcscn Scctlznd Scanty Stckes Suny Swain 25 elecnon day 535 mto. + S 100 travel S 125 elecoon day S35 mtg. + 5100 trvel 51,800 Sa00 Sg`--0 5660 52.100`' S 120020 51.800 535 mee~na 51.451" 51.082" 510 mee5na 540 meeting S 1.854=' 51.854" 52.8 5816 532401 51 X801 .530 m;a. + S 100 elec. C~ f S30 mee~ng + S 100 e! ~ dz 525 dzy m;g.: 5100 e!E~ 525 day rrta.; S 100 e!~ czr. coy; 535 cznvzs day 535 carnrass Coy 550 mta..: 525 spe~zl m;c.: 5:.0 mta.:525 sper~l r..;c.: S i 0 hcur e!e~on day 510 hour e!eron ~y 525 mee!ing 525 meeting 525 meehnq~' 525 meedng'' 5200 meeting . 525 meerirA ~ania ~_ _ Tyrre _ _ Union. Vance Wake Wzrren Washington Watzoca ' VYayne Wtkes Wilscn Yzckin Yancey. ii So24 year~0 52~ rree!ing~' 5;0 hcur r 525 meetinc'~ 53.iE0'2 s1,1:co :2.00'' 5~0 mee~ng'2 7Jumcered !co;noies Gory r:i;1 ri - nimum, mzxa-...,,, iw ;n;~ sztares. t. has iccsss :o c~~-y venire ' 2. plus per C:em Ua ~e: zxce.^.sa 3. plus 1 °c per miie <. plus ~Oc per mde ~. plu20._°c_er.r.6e ' 6. phs 21c pzr r:ue 7, plus 2t._°c pertr~e 8. plus 22c par rte 9. phs 22.5c per roe 10. ;lus 2dc;er m~1e -. _ - S 10.42 hour 20,340 2°.54~ 19.428 28.272 22050 2° Ec8 23,112 34372 23.29 ~3.2~9 21.876 ? 1.35 20,1/2 2S.~io 21.410 'x02:2 23.313 3:.~0 18.225 2~?i i 19.5:J 25.x.^,0 t8,~c5 19.625 pan 7me 2..v.= 2~.ti8 23.738 ' 14 Sot a2.6c4 1 11.235 11.160 222. t 21.276 18.6~U 2.2.3;.: IS.i:cJ 12. plus 2Ec :er me 1], series 6J percept ct futl tiro la. serves CO percent cf !utl c.:.e 15. ]days per Rest except ccvg eiecions t6. serves 2< hours cer rear ' 17, serres as ve:erns Sernc: Ct cer 18. serves part Eme 1°. p:us 2:.°c ~~ ct c_anr7 t:i~el 'c0. plus 2_°°.°c;.er mae 2!. pl_s 2=^ -ter c~e 22 p:us :ow ;ravel :«C.:ria2 '2.?"8 22~ a:.CS 2'x=0 1b.~:,: ?i.ic3 3t.:; a ~~.~~~ 3G,~ 29.5 i 6 23.352 19.428 25.e80n 29.?421 36 °85:: 25.1 S6'' 22.00'' 21,•111 232131. 2~.5=- 22124'. 13.208'5 252?5 1.00" 31,5 I2" 17.:88" L827o ~' 14..20' 8.?~ hcur~' 232 1 ~: 35.312': 24,3e~ 21.6oJ" 17 c_2'1 15,1 ~ZiS ~?. pts 22c cut c' cn:ry :ti:F is=. ;:us ZEc ;.er rr.~e c?. ~lcs 27c;,er m~ie t.. CNS ~ t.~00 tfaVel i.IOWi~C! 2'..'us Z3.:c per.-ale 2? ~n:s 5.0 ::ee9cg wive! 2i _lus _~ mee~•rg tt:ve! 3 t, ;,lus 25c per rr.:le _ .plus ~i l!(] ;live) Cowart. 151 L'~~ 5824 yezr' 525 mes~ng~' 55 hour - 525 me55nc' c2c Czy:2 - Sc00 S 1,SC0" 5~0 mee!ing~~ 525 me:~ng REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 `I C' Regular Item. #: Consent Item #: 5 Additional Item #: Department: Legal Department Preseriter: None Required Page Count In Agenda Package: 8 Contact: Kemp P. Burpeau Agreement with Cape Fear Community College. BRIEF SLJMMARY• In December 1994, New Hanover County acquired on behalf of the Community College that parcel of land designated as Seven Hundred Front Street. Since the purchase was financed by the County, the County must retain. ownership for the almost Fve year term: The Community College, in order to expend state :monies for site planning, preparation, .and development, needs the County to contractually agree to convey the property to the Community College upon County discharge of the moi-tgabe debt in 1999. RECOMMENnFD MOTION AND REOIIFSTFD ACTION Consider approval of New Hanover County_Contract #. 96 - 0142. . FUNDING SOURCF• Federal S: State S: County S: 0.00 User Fees S: Other S: I^ I Money Is In Current Budget: I~ llBudQet Amendment Prepared: REVIEWED BY• LGL: FIN: N/A BSHELL COUNTY MANA R'S COMM NTS ~ Recommend approval of contract #96-0142 New Appropriation Request: BUD: N/A CGRIFFIN HR: N/A AMALLETT ~~~~. .~..t:~„~,~ ~ ,~ ~~ ~~ 1.53 ~iti't~~ id ~1» ed~~u~ta6a~1'Y{,~iiVU64~i:!~d1 Rctcr to Of1;ce Vision"IBullEtin4Board;fo ,Disposition..`:";•r: STATE OF NORTH CAROLINA. COUNTY OF NEW HANOVER New Hanover County Contract # 96 - 0142 a . D.RA.~ DATE • ~ ~ CONTRACT OF PURCHASE AND SALE THIS' CONTRACT OF PURCHASE AND SALE, made and entered into as of the day of August, 1995, by and between NEW HANOVER COUNTY, a body politic and corporate of the State of North Carolina (hereinafter referred to as the "County"); and THE TRUSTEES OF CAPE FEAR COMMUNITY COLLEGE, a body politic (hereinafter referred to as the "College"); ' W I. T~ N, E S S E T H .WHEREAS, the County has acquired+certain real property ., • more particularly described on Attachment A ettached hereto and incorporated herein 'by reference (hereinafter referred'to as the "Property"); and, WHEREAS, to finance the acquisition of the Property, the County borrowed the sum of Four Hundred Sixty-Five Thousand and No/100 Dollars ($465,000..00) (hereinafter referred to as the "Debt") from First Citizens Bank.& Trust Company (the "Bank") and,. • executed and delivered to" the Bank • a certain Installment' Purcha`se~'~~ ~~ • Contract, a Registered Promissory Note and a Deed of Trust all dated the 30th day of December, 1994 (said documents hereinafter collectively referred to as the "Loan Documents"); and, WHEREAS, the Loan Documents securing the Debt do not permit prepayment of the Debt without a penalty.; and, . WHEREAS, in consideration of the valuable contributions by the College to the education and general welfare of the members of the public in New Hanover County, North Carolina, the County agreed r_o transfer and convey the Property to the College; and, WHEREAS, the College needs to acquire -title to the a ..- Property or be in ,lawful possession and control of the Property in - order that it can utilize certain .funds; :td:. be~. obtained from the ..; ... ;.. ~ F State Board.. of Community :: Colleges :. ('.'State Board." ): fdr ~ the construction of improvements on? the Property necessary for the operation of the College and the delivery of educational services to the qualified ,members of the public; and, 154.-.. ~ ,. ,.. , ~• . New Hanover County Contract # 96 -0142 NEW HANOVER COUNTY ~' By: ' Title: ATTEST: ~ gy; ~, Title: } ' THE TRUSTEES OF ' CAPE FEAR COMMUNITY COLLEGE .~ .. .' B Y~ i Title: ATTEST: .1 . _. . .... _ . _ , . _. _ .. ... . .. __ .... BY: Title. 92H01)2(I) ti/I11AI N/ 112 8 J . 1 r -_ s 1 155 ATTACHMENT A All that certain tract or parcel of land shown on the map or plat,- entitled '.'MAP OF SURVEY FOR CAPE FEAR COMMUNITY COLLEGE PREPARED FOR NEW HANOVER COUNTY", recorded in Map Book 33, at Page 167, in - the office of the Register of Deeds of New Hanover County, ~~~~ ~ a 0 _.. __ a ____-::-. ~~...~... . ~ ... ~ . -_ . __ _ ... -.-. ~ ..... ..: _. _ . o 0 0 o 0 0 o 0 X56--.. ~ a ATTACHMEDIT B ' 1. Underground drain crossing the Property as shown on a surve dated September, 1993, by Jack G. Stocks. Y ' 2. Permanent 20-foot access easement to 700 Front Street Associates. ' ~ 3. Such. state of facts occurring subsequent to September, 1993, as would be disclosed by an accurate survey and inspection of the Property. 157 • This page i~rte~rtio~r.ally !ef! blank 158 J ~~ REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 ~, Regular Item #: Consent Item #: 6 Additional Item #: Department: ~ Presenter.: None Required ' Page Count In Agenda Package: 2 Contact: Kemp P. Burpeau -SUBJECT: Utility Easement r ~ BRIEF SUMMARY } ' A CP&L utility easement is necessary to provide electricity to the Ogden Park. , .~ } ~. .RECOMMEND b MOTION AND RE(~~TESTED ACTT(~NS Consider authorizing the Chairman to execute the standard CP&L easement, New Hanover County ~- "- ~ ~ ' ~ Contract # 96 =0139. • ~ _ _ . _ •- _ . , • . ,. _ _ k'UNDING SnT R _F• g Federal S: State S: County S: User Fees S: Other S: ~` Money Is In Current Budget: New Appropria4ion Request: Budget Amendment Prepared: REVIEWED BY• ~ T LGL: APP WCOPLBY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT ~'OUNTY MANA ER'S COMMENT AND R (~MM NDATIONS Recommend :approval of the CP&L utility easement. ' Ref to"O'(Tice Vision Bulletin Board for Disposition srnrE or- Nonni cnnouNA COUNTY OF _ NEN HANOVFR I~•7 1~ ~~Y ~~~ N 96 - 0131 KNOW All PERSONS DY THESE PRESENTS, That the undaroigned New HannvPr r'n„r, r~ a_body politic and corporate r a corporation, in consideration or the sum of S 1 _nn paid by CAROLINA POWER & LIGHT COMPANY, sire receltst wlseraof is hereby acknowledged, hereby grants unto Bald CAROLINA POWER'& LIGHT COMPANY, its successors and assigns, (he right, privilege, and easement to qo in and upon that certain land situated in Harnett Township in said County andStale,ddsulbcdatfollows:,S:ontaininf.~1 i acres, more or less and beine th land dt+crrihrd t,. a a from H C lohneton anJ to construct, maintain, and o~eraU over,' under, and across said prombat a line conshtlnq.ol polar, wires, cables, uridcrground conduits, and other pertinent facllltles within a strip or area of uid larsd thirty (]O) fact wldo for the purpose of transmitting electricity, wills the right to do all things necessary or eonvenlent thereto, Including, but not being limited to, lira right: (al to permit the attachment of what, eablot, and conduits of any other company or person; (b) to enter said strip a ail times over the ad)aeent land to Impeet, repdr, maintain; and titer said Ilnr, a (el to keep said strip cleared of trees, undergrowtls, and buildings or ollser structures; (d) to trim Ilmbs Irom, and cut down, any Irec outside of said strip whirls may, In lire opinion of the Company, endanger sire Ilna or Islndar Iha maintenance, operation, and use oi• the tamr, and (e) to install at any apple point of lha electric I(na guy wires ands anchors outside of said strip for the support of the Ilne. {~ } gut The eentu lino of the poles or structures wh(ds wpport said oleetrle line dull bs the eentai Ilna of sold strip. Notwithstanding anything to the contrary above, it is understood and agreed that: (11 the right of tray herein granted is for a system of electric lines to provide electric service at any point where needed on the above-described land, portions of which system may be installed famedietely, and other portions installed to the future as the need for electric service develops; end (21 said electric lines shall be installed at locations mutually suitable to the parties hereto.• It is further understood and agreed that the right of way strip or Brea of land shall be ten (101 feet wide for underground fac11it1es along srlth a perimeter for ten (101 feet around the foundation of eny enclosure for the purpose of transmitting electrlctty. . TO HAVE AND TO 11QLD the aforesaid right, privilege end easement unto CAROLINA a POKER b LICiIT COMPANY, its successors and ass'Sgns, forever. ~ • IN NI1'NESS NIICREOI,Nev Hano'QpUnty has caused this instrument to be executed by its Chairman of the. Doard oE.Comnsissioners, attested by its Clerk , and i[a • __ _ tofflclal seal to bc.affized,: pursuant to a resolution of 1ta gov,ertiing body,'..this.,. ' day of` - .., 19 .. -.. _ • ATTCS'f: •- Nev Hanover ~, • Dy: (Seal) Clerk to the Board Clsalrman Doard of Commissioners NORM CAROLINA On this day of 19 personally came before me a Notary Public in and fot Bald County and State, vho, being by me duly-avorn, says that he-. i is Chairman of site Doard of Commissioners of ~ County, and that sire sea l ' affixed to the foregoing'instrument vas signed by him as Chairman of the Doard of ' ~ Cor:tis~loncrs of said County and by the of said Doard, who affixed the offir.t. 'seal of• ~ County to said instrument; and that tJte said Chairman of the Doard of Commissioners-acknovledgeJ said instrument co be Ilse act and deed of ~Couoty, North Carolina. -~' Nitness my h~sid.and notarial seal, this day of - 19 _. My commission expires: -~ Notary Public • 1 NOltl'll CAROLINA ' The foregoing certificate~o"f Notary Public, 1 6 0 '-•- is certified to be correct. Tlsis,instrument vas filed for registration at 'o'clock, sa., and recorded in [Isis office in Dook ', page i This day of , 198 S > ~ _ ; .. , • Register of Deeds 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 ' Regular Item #: Consent Item #: 7 " ~ .Additional Item #: Department: Finance Presenter: ..Page Count In Agenda Package: Contact: Bruce Shell SUBJECT. Installment financing for DSS building BRIEF SUMMARY: The DSS building expansion was approved on October 2, 1995. The associated financing was approved as well after a public hearing on October 16, 1995. First Union National Bank has required an additional resolution for their records. This will not delay the project with the Local Government Commission or construction. ... ~tECOMMENDED MOTION AND REOUESTFn ACTIQN~. Recommend adoption of the attached resolution. Finance and Legal have reviewed and approved .for ~~- ~ ' •Coinmission action. ~ ' . ; ~ ~ ~ •. ~ .' - _ : _ . "~ - REVIEWED BY: LGL: ~ 'FIN: APP BSHELL BUD: HR: Y A R' T ND RF FND I " Recommend approval" of resolution.. _ ___ 1 - - ~~~~ ~~ ~~ti ~~~~~~~~~~ 161 .1 t_) (~ ..I°Q ~u'~!'~-tea Refcr to Office Vision Bulletin Board for Disposition RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY AUTHORIZING THE EXECUTION OF AN INSTALLMENT FINANCING CONTRACT a WITH - FIRST UNION NATIONAL BANK OF NORTH CAROLINA AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS WHEREAS; the County desires to enter into an Installment Financing Contract, dated as of November 15, 1995 (the "Contract"), among the .County, First Union National Bank of North Carolina (the "Bank") and First Union National Bank of North Carolina, corporate Trust Department, as Escrow Agent, execute a Deed of Trust and Security Agreement, dated as of November 15, 1995 (the "Deed of Trust") to Lynn M. Beckham, as deed of trust trustee, for the benefit of the Bank, and execute a Commitment Letter, dated November 15, (995 (the "Commitment Letter"), with the Bank; AND WHEREAS, the Contract provides for (a) the Bank to advance certain funds (the "amount Advanced") to enable the County to ~ - ~ - (i) construct an addition to the County's Department of Social Services building, all as more particularly described in the Contract (the "Projcct"), (ii) refinance the County's obligations under an Installment Purchase Contract, dated as of July l3, 1992, between the County and the Bank, and (iii) refinance the County's obligations under.an Installment Financing Contract, dated as of December- 14, 1995, among 'the County, the Bank and the Escrow Agent, and r (b) the County to repay the amount Advanced in installments {the "Installment Payments"), as provided in the Contract; ~~ _ ~ _ AND WHEREAS, the County has determined that the use of the Project and the Facilities (both as defined in the Contract) is essential to its proper, efficient and economic operation; that it .anticipates and ongoing need for the Real Property (as defined in the Contract) and the Facilities; that the Real Property and the Facilities will .provide an essential use and permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and executing the Deed of Trust is necessary and expedient for the County; ~ 4'If ~ j i ~ t..~~ 1 aNt J~~. ~ he ~a~': ~~ ~ ~ ~~ ~ C {. ~ ~L 162 ~a .. _ , .~~. .,~ i _ AND WHEREAS, the County has further determined that the Installment Payments and ali other obligations of the County under the Contract and the Deed of Trust are not excessive for their stated purposes; n AND WHEREAS., the County has determined that the Contract, the Deed of Trust and the obligations of the County thereunder are preferable to, and more cost. efficient than, a general obligation or revenue bond issue for the same purpose and that the cost of construction the Facility exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and nonvoted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the constitution of the State of North Carolina; AND WHEREAS, the debt management policies of the County have been carried out in strict compliance with taw; " NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that: ' (~) ' (~~) 1- i The Contract, the Deed of Trust and the Commitment Letter are hereby approved. The officers of the County (Robert G. Greer, Chairman of the Board of Commissioners; Allen ONeal, County Manager; and Bruce Shell, Finance Director), jointly and severally, be, and are. hereby, authorized, empowered and directed to 'execute on its behalf the Commitment Letter, the Contract, the Deed of Trust and any addenda, exhibits, schedules, notes, UCC financing statements or other instruments issued under the provisions of the Commitment Letter, the Contract, the Deed of Trust and any other instrument or document which may be necessary or expedient in connection with the fulfillment of the provisions of the Commitment Letter, the Contract, and the Deed of Trust. (iii) This resolution shall take effect immediately upon its passage. This 6th .day of November, 1995. (SEAL) Chairman, Board of County Commissioners ' ATTEST: Clerk to the Board. 163 ~, ~~ .CONSENT AGENDA - Budget Amendment item lvo. 8A .,,,,,,:.,,,,,,,,,,,,,,,,,,,,,,,,,.,,,.. ................................................................... ___ November 6. 1995 DEPARTMENT Health. Department/ Project Assist ADJUSTMENT . Health Department/ Project Assist Contributions $500 .. BUDGET AM ~ NDM NT # - 96-0060 Contracted Services ~. EXPLANATION ~~ 11/06/95 $500 To budget a contribution for speakers at the"Stop" Workshopv '~ `~ ~'~ ~~'~'~~ ~'~,i For Budget Office{~p~~thenreport to Commissioners at e o ar meeting l~ (Q qg' ~~y~, ,,, / and cnterin minutes. ~~-^--{~^'~' '~' ""~ .~L~ To be approved by Commissioners. To be entered into minutes. CONSENT AGENDA B1ldgef Annendxnent Item No. 8B November 6, 1995 DEPARTMENT: BUDGET AMENDMENT# Federal Forfeited Property 96-18 Capital Project ADJUSTMENT: DEBIT: Federal Forfeited Property Federal Forfeited Property $2,609 Federal Forfeited Property Supplies EXPLANATION . To increase budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used fob' law enforcement activities as the Sheriff deems necessary. /jam 166 ~-~~ tt 7 ~ 1 ((~P~~ ~~ } p. M~ ~ r'1'+F ~~li d#51~ ~~~ti ~1 ~,,,.~,,.,~~~t:~;u~i~"; ~nl For Budget Officer's approval; then report ~ to Commissioners at next rcgulu meeting ~`~~~? ~' ~ ~S and enter In minutcs. '~`-'^`•~~~ ~ To be approved by Commisstoncrs. To be entered into minutes. i CONSENT AGENDA ~11C~ of Arnendznenf Item No. 8C November 6, 1995 ._ ......_ .~.~ w..-,..~.. e ,~•R•"~•. _\ ;:a;. ~~1:. •~\.~.\y., ... ~"',~n". .e! ~,.~wwv,et'.s-e.. v ~~e~n.e--+.-^T;;..«;-~e~.-~y.Y w~-• u~rv wwv~-~....w«--•~ 1w~.r~~.w. -w~»...w~.r...».... ..~rw r.. ....... .......amw.w.rw... :2~` waaav...w.`...`. :«:. ..w...`~... .. .....,... .. .....:!•~. ...............: •::..... .......•t..w 2..v..':!. ... at.~.!a~..~,. .. \~...:; .. Z........ ~:..:~.r. ~:G~~?~:i:w:..::i DEPARTMENT• Parks Capital Project ADJUSTMENT• Parks Capital Project Interest darks Capital Project- . Other Improvements DEBIT: $39,870 EXPLANATION DATE• 11-6-95 CREDIT• $39,870 To budget interest earned on the project. The e funds will be needed to award future contracts. r, , ~ ~~"'~~ ~ '~ . ' :f . ~r ' ~~ ~ ~~,~ . r~.~~ BUDGET AMENDMENT# 96-21. re . 1.67 For Budget O((icer's approval; then report to Commissioners at neat regular meeting /and enter In minutes. ~. To be approved by Commissioners. Budget Amendment a CONSENT AGENDA Item No. 8D DEPARTMENT Library ADJUSTMENT L1 State Aid to Public Libraries Books & Periodicals BUDGET AMENDMENT # DATE 96-0065 ~ 11/6/95 DEBIT CREDIT $18,727 EXPLANATION To budget additional State Aid funds for the purchase of book . 168 ~-~ U Q $18,727 . -.. _.. .-~. LJ ~~ ~~~ ~~~~~ ~~,W~',ru6 ~A ~~r~ ~~~~~,,~ ForBudgctoftice~sapproval;thenrcport to Commissioners at next regular meeting ~,.~ y~ and enter in minutes. - ~- ..~,r ~ To be approved by Commissioners. r ~ To be entered into minutes. ff w..~. ~{,~•. ' ~'~ : 's ~~ ••K f •V' ~ ~ . .,~' ,1 North Carolina Department of Cultural Resources • 109 East Jones Street Raleigh, North Carolina 27601-2807 Phone: 919-733-2570 Telefacsimile: 919-733-8748 James B. Hunt Jr., Governor State Library of North Carolina Betty Ray McCain, Secretary October 13, 1995 Sandra M. Cooper, State Librarian Mr. David Paynter New'rianover County Public Library 201 Chestnut Street Wilmington, NC 28401 ~I Dear David: The State Library of North Carolina and the Department of Cultural Resources are pleased to . send you the enclosed check for $18,727. This amount represents your library's share of the $1.5 million being distributed to the state's public libraries using the Aid to Public Libraries formula. These funds are being granted at the request of Senate President Pro Tempore Marc Basnight and :. Speaker of the House Harold Brubaker and are from the $2 million appropriated by the North _ Carolina General Assembly in Sectior- 12.4 of Chapter 507 of the 1995 Session Laws. The money is intended as a one-time Special Public Library Grant. Under the terms of the General Assembly's appropriation, funds may only be spent Cor the purchase of books or for construction costs. Although the grant funds may not be spent for any other library needs, the money may allow you to adjust your current budget to free funds for other library priorities. Please note that these grant funds are subject to audit as directed'in G.S. 159-34 (copy enclosed). Acceptance of ;h;; enclosed chc::,k :.oastira:es your sareemen; :o expe:~d the fi:ads as di: erted by. the General Assembly and to comply with the reporting/audit requirements outlined in this letter. If you have questions or need more information, please call the State Library's Chief of Library Development Cal Shepard at 919.733.2570. Thank you for all you do each day to improve library services to the people of North Carolina! 1 Cordially, ^ Betty Ray McCain Secretary of Cultural Resources Enclosures (2) Ct.~ Sandra M ooper State Libr an 169 ,_ • This pane i~rte~rtiorra!!y left blank }.~ F ~' 1_ 170 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06/95 Regular Item #: Consent Item #: 9 ~ Additional Item #: Department: MIS Department Presenter: Bill Clontz ' 'Page Count In Agenda Package: 5 Contact: Bill Clontz Public Access Data Policy r BRIEF SUMMARY• As discussed in the recent worksession, I request that you approve the attached revision to the County Data Access Policy. This policy is consistent with the new statute and provides a method of response to ~th'e public requests that will insure .proper and timely delivery ofs,requested. . information. I also request that.you endorse theconcept ofproviding Public Information"using'a°" ' ~~ " ~ dial-in facility. The pilot project described at the worksession, has been successfully completed and can now be expanded to the general public. ~' i n RECOMMEND D MOTION AND R OVESTED A ~ TtnN~ Move that the attached Public Access Policy be accepted as a replacement for the current policy. Move that the concept of dial-in access to courity data be endorsed and that the pilot project be expanded to include all citizens who wish to use this service. ' ~ FUNDING SOUR _F,• Federal S: State S: County S: .User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: Recommend approva ~~,, .,,, ~ y .r ~~1,,,r,T qn~~-r~ ,,.~y ~pp ~1 rLp{ r lL i 71 Rcfcrto Otlice Vision Bulletin Board for Disposition ey, ~ ~ ~ ~eurr~e~.f- ~• JJ REVIEWED BY• LGL: FIN: BUD: ~; Policy on Access to County Data - Stored in the Computer Systems of New Hanover County .~ ,. - New Hanover County (County) wishes to make the data that is stored in its computer systems available to the public to the extent that is permitted by statutes. In that regard, the following policy is established to provide the guidelines that are to be followed by all County staff members who receive requests for data from the public. C! Policy Coverage. ,This policy is applicable to all electronic dafa stored in any - computer system that is owned by New Hanover County. Tlie policy is limited to already existing data and does not require the County to create any data for distribution - ~ to the public. In no case will the County provide programming services in order.to create data in an alternate format or in different combinations. Q4 bra~~Gd D~ .... . , ~d Disclaimer Applicable to all County Data The following disclaimer shall be agreed to and signed by any requester of data before the data will be released from the County systems to them: The information available in the New Hanover County computer systems is maintained for the internal use of the County. The County relies upon this data ._. ~ ~ for conduct of County business. The County makes no warrant, expressed or implied, concerning its accuracy and completeness and the user is advised that their use of any County'data~ is at their own risk. The County assumes no responsibility for any decision made or any actions taken by the user based upon information obtained from County data bases. The user agrees that the County shall be held harmless from all actions, claims, damages or judgements arising out of the use of County.data. In certain cases., the County_may also require the requester to sign an agreement that the requested data will not be resold or otherwise used for trade or commercial .purposes.. Fee Structure. It is the.intention of the County to provide the requesteddata in accordance with existing statutes. The data will be provided free when it is requested in a form that requires the least resource usage. The County may choose to assess the requester a reasonable fee to cover all additional costs that are incurred if the requester wishes data in a format/media that requires excessive use of County resources. In no case will New Hanover County provide computer programming services that are designed to create or manipulate data for the requester. - 4172 ... , ;. '4' rocedures for Re uestin .Count Da ~ ~ y ta. The requester shall. submit, in writing, a signed request for the desired data (see attached Request for Computerized Data r form). If the requested data is available in the computer system, the County will proceed to .prepare the data for the requester according to the procedure described below. It is anticipated that some requests for data will require as little as 3 working days to pre are while oth t t k p . er reques s may a e as much a 10 working days to complete. In general, the requester should allow approximately 5 working days for preparation. To insure that all requests for data are handled in a consistent fashion a detailed policy that provides adequate guidelines for handling these requests is established. To that erid, the following policy concerning County data will be followed by each d epartment that receives a request for data. a. HOW TO REQUEST DATA FROM County FILE,: The following ~ procedure shall be followed by a citizen who wishes to receive computer- ,based data from the County. The citizen should contact the agency i who has primary responsibility for that data and make the request . known to the Department Head. Examole: 1f the citizen needed some 'tax information on his/her property, s/he should call the Tax Department r ~ . and make that request. The Department Head will then follow the procedure described below~to process the request.. ~ ~ b., RECEIVING REQUESTS FOR County DATA: The responsibility for handling public requests for County data is assigned to the department that. is the primary user ("owner") of that data. When a request for data is received, the Department Head shall insure that the top portion of the attached request form is completed and signed by the requester. Then, '` the Department Head must determine if the request can` be satisfied with data already on-hand or whether special processing will be required. If the request can be fulfilled by data that is on-hand, the Department Head . wilt complete the lower portion of the request form and then release the data to the requester. If special processing is required, the Department Head will make an official request to the MIS Department for the`necessary data. This request will be made by forwarding~the request form to the MIS Department. After receipt of the form, the MIS department will prepare the desired data and will complete the bottom portion of the request form. The MIS department will then forward the data, along with the completed 2 173 ~. request form, to the requesting department who will release it to the requester. If any costs are assessed for the preparation of the data, the requesting Department Head shall collect them and have the requester sign the standard disclaimer prior to releasing the desired information to them. .. ~ _ ;. ~ U c.: If the requested data is not available:~in the County computer systems, the County will not create the requested.data. In this case, Department Head who received the requestahall inform the requester that the desired data Q . ,- is not available and cannot be supplied.. Before any denial is communicated to the requester the Department Head shall discuss .the matter with the- legal' department~and secure their'approval of the denial decision. `: Interpretation of Electronic Records. The County will attempt to make theformat of its electronic records as meaningful as possible to the public. We will provide information concerning the=placement of data into~fhe records but it will be the requester's responsibility to interpret and .process the records. To the extent possible, the County will also attempt to improve the requester's understanding of County data by providing information on code usage in-the data (1=male, 2=female...). It will not be .possible. for the County to provide staff. assistance to the requester for the processing of any County data... - ~ ~ ~.~ .. ~ ~`} .. LJ ... Data Provided on Different~Media/Format. The County has the ability to provide data to the requester on various .media such as magnetic tape, diskette and the printed ~} page. Similarly,..ahere are,various formats.thaf can`be provided. The County prefers to fJ offer the data fo the requester on the media that causes the least usage of expensive ..resources.. If a media other than the one~that uses the least resource is chosen, the County may choose.to charge the .requester for the additional. costs incurred by the County due. to.the excessive use-of County resources. . ~ .~ a 174 3 ~ REQUEST FOR COMPUTERIZED DATA t Name of.Requester: ' Address: Phone Number: Describe in detail your request: .Disclaimer: ~ ' The information available in the New Hanover county computer system is maintained for the internal use of the county. The county relies upon this data for conduct of county business. The county makes no warrant, expressed or implied, concerning its accuracy and completeness and the user is advised that their use of any county data . is at their own risk. The county assumes no responsibility for any decision made or any actions taken by the user based upon information obtained from county data bases. The user agrees that the county shall be held harmless from all actions, claims, damages or judgements arising out of the use of county data. Signature of Requester: Date: For County Use only Payment Received:. Signature: Date: Assigned to: Date: Completed By: Date: Rates Charged for Services Magnetic Tape @ $IS.OOea = Diskettes @ 1.00 ea = Hrs. Labor @ 15.00 per hour = Labels: @ 2..65 per thousand = Total Amount Due = 1 / 5 * Rates sub'ect to Chan a based on count costs. i i REQUEST FOR BOARD ACTION ' Meeting Date: 10/02/95 Regular Item #: Consent Item #: 10 Additional Item #: Department: Human Resources Presenter: Andre Mallette Page Count In Agenda Package: Contact: Andre Mallette SUBJECT: Approval of Fire Services Administrator Position BRIEF SUMMARY: The County is proposing.to establish a Fire Services Administration Department to be headed by a Fire Services Administrator. The establishment of this department and position has been agreed upon by the Fire Commission and has been linked on the county's organization chart to all appropriate county departments. The Fire Services Administrator position has been assigned to Pay Grade 205 ($36,525 - $55,474), and will supervise incumbents in five existing positions currently assigned to the Inspections Department. If approved, recruitment will begin immediately with the hope of hiring an individual by January 2, 1996. Attached is the job description for the department in relationship to other County departments. Funding will come from the Fire Service District Tax. RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the Board of Commissioners approve the establishment of the Fire Services Administrator position and Fire Services Administration Department. k'UNDING SOURCE: Federal $: State 5: County 5: User Fees $: Other 5:45,123 Fire Service District Money Is In Current Budget:no IYew Appropriation Request:yes Budget Amendment Prepared:yes • REVIEWED BY: LGL: FIN: 0 BUD: I-IR: COUNTY MANAGER'S COMMENTS AND R ~'nMMENDATIONS• Recommend approval of establishment of fire Services Administration Department and position of Fire Services Administrator. <c ~ @"~~ hl~'^ t fr rt^ IEW=~~~~ ~ ~.~_ ,. ~ ° ~~ 177 lw . RcCcr to Office V'~sion Bullctin Board for Disposition Budget Amendment ~ __ - ~ - BUDGET AM NDMFN Fire Service District/ T # •, ]~~ Fire.Services Administration Department 96-0067 ' ~ 11/06/95 AD~Ti1STMENT 1?EBIT R .DIT Fire Service District Contingencies - $45,:123 ~ ' _ Transfer/General Fund $45,123' Fire Services Administration Department Transfer In (from Fire Service District) $,45,123 _ Salaries & Wages ~ ~ $16 860 `FICA ~ ~ $ 1,290 Medical Insurance ~ ~ $ 1,773 Telephone $ 500 Postage - _ .. $ I00 Printing - $ 300 Fuel & Supplies ~ $ ~ 3D0 : .. Capital Outlay -Equipment $ 6 000 Motor Vehicle Purchases $18000 EXPLANATION Transfer of funds from the Fire Service District to the General Fund for the Fire Services Administration Department for six months in FY95-96. t i~ 1 1 V i4'~YJ~ir~ i 9 "'EF'.~ ~VY~UH~~~8~9!! `n . } E ~~~~ '`° .. ~, For Budget OC[icer's approval; then report to Commissioners at next regular mecting ,/ and cittcr in minutes. Y To be approved by Commissioners. To be entcred into minutes. FIRE SERVICES ADMINISTRATOR Characteristics of the Class: ~' Under the administrative and organizational direction of the County Manager or his designee, performs responsible work in the administration of the county fire service_program._Incumbent '~ plans and implements activities_requ~ iced in the long~term_planning and_b.udgeting_for~-the- volunteer fire departments within the county, serves as County staff liaison between county administration and the volunteer fire departments, and supervises the Fire Services division. ~~ Employee is expected to exercise considerable judgment and initiative in the performance of work tasks. Work is evaluated by the County Manager and the Fire Commission through review of records, results achieved, and oral and written reports/correspondence. The County '~ Manager has sole authority to appoint or remove the incumbent from this position. Essential Functions: Directs the administrative and departmental budgets and exercises control over expenditures throughout the fiscal .year. Prepares the budget with assistance and input from the Fire Commission; evaluates needs and recommends purchase of new material, apparatus or supplies; processes purchase orders, and assembles bids and writes specifications for equipment purchases. ~ - Prepares and administers and monitors contracts between the County government and volunteer fire departments; maintains all necessary reports and statistics. Advises the County Manager, Fire Commission, .and Board of County Commissioners on the status of fire prevention and suppression capabilities, and makes recommendations for improvements. Serves as County staff liaison to the Fire Commission. Advises and assists• the volunteer fire departments with organization, development of fire protection master plans, community fire planning,. capitol projects, and other activities_to__improv-e_fire_prevention_and suppression capabilities,; attends all Fire Commission meetings and other meetings as directed or required. Inspects volunteer fire departments for compliance with insurance and rating standards and certifies same on behalf of the Board of County Commissioners. Reports findings to the County Manager, Board of Commissioners and Fire Commission. Prepares fire district lines and assists with improvement of insurance rates of the district. Works with volunteer fire departments to develop long-term training goals. Conducts annual review oft a volu h nteer fire departments preventive maintenance programs and reports findings to the .Fire Commission. - Performs fire prevention education work and when needed - ,fire code enforcement work. Actively particpates with other County and community emergency services agencies. Responds as needed in times of major alarms or disaster. EOC representation is required `~ during emergency activity. - ~ 179 Requirements: A. Trainino and Experience Associate degree (Bachelor's degree preferred) in Fire Science, Fire Safety, Fire Administration or a related field with specialized.. training in modem fire department administration and five years progressivelyresponsible experience in fire service, with two years administrative experience; or an equivalent combination of training and experience. Work experience with paid and non-paid. municipal and volunteer fire department staff. Level Ili certification as a Fire Prevention Officer required or must be obtained within three (3) years. B. Knowledoe, Skills and Abilities a Ability to establish and maintain positive, effective working relationships with and among the public, .volunteers, municipal fire departments, related County personnel, Fire Commission, Board of Commissioners and the County Manager to substantially improve volunteer fire department fire protection; .ability to form an interface with volunteer and paid staff. Knowledge of principles of budgetary development and administration: Thorough knowledge of the principles and practices of modem fire fighting equipment and apparatus. Knowledge of the principles ~of local government fire department administration in the areas of organization, fire prevention, fire rescue and program development. Knowledge of industrial operations: ~ ' Ability to prepare concise reports indicating fire service activities, policy and procedural recommendations., and budgetary requirements. Ability,to effectively express views and positions orally and in writing. Ability to develop fire protection master plans and make recommendations for implementation. Skill in managing an essential service with limited program funds. Skill in managing with tact and diplomacy. C. S ecial Re uirements A valid NC driver's license. 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