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Agenda 1996 05-06AGENDA ' ~pMOVER C~ :`~ oy~` * ~# >j %~ P " ,...:... ~o ~F MO RTM CP NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse . 2;~ North Third Street, Room 301 Wilmington, N•C R08ERT G. GREER CHAIRMAN E.L. MATHEWS. JR. VICE • CHAIRMAN SANDRA BARONE, COMMISSIONER WILLIAM A. CASTER, COMMISSIONER WILLIAM E. SISSON, JR., COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER WANOA M. COPLEY, COUNTY ATTORNEY - LUCIE F. HARRELL. CLERK TO THE BOARD 1VIAY 6, 1996 6:30 P.M. MEETING CALLED TO ORDER: Chairman Robert G. Greer INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA ' ESTIMATED ITEMS OF BUSINESS TIMES 6:40 .m. 1. p A. C n 'de t• a o si ra ion of Approval of Resolution proclaimm~ April 24, 1996 as Armenian Martyrs Day B. Consideration of Proclamation Honoring Foster Parents 6:4~ p.m. 2. Consideration of Request for County Commissioner to serve on the Cape Fear Community College Long Range Planning ' Committee 6:~O.p.m. 3. Consideration of Request to Purchase Property for Cape ' Fear Community College ' 7:00 p.m. 4. Consideration to Enter into Discussion of Purchase of Land for Future High School and Financin O tions Available . g p 7;20 p.m. , 5. Second Reading Consideration of Amendments to Charge a ' Flat $60 Fee for an Addition to a Single Family Residence ' 7:2~ p.m. 6. • ~ '- Discussion to Consider Arrangement with the City of Wilmington to Develop a "Land Management and Development Services Center" i~ PAGE NO. 1 3 17 21 23 2~ ESTIMATED ITEMS OF BUSINESS ~ PAGE TIMES ~~O• 7. Public Hearings: 7:30 p.m. A. Rezoning Continued Item: Request by Robert Johnson to rezone 27 approximately 15 acres at the southeast corner of Greenville Loop Road to Conditional Use B-2 Business for a Shopping Center with out parcels from R-1~ Residential and B-2 Business. (Z->j7, 1/96) 9:00 p.m. B. Special Use Permit: Request by GTE 1vlobilnet to construct a 1 ~0 47 foot cellular communications monopole tower and support building at X519 Carolina Beach Road. The land is zones B-2 Business. (S-393, 4/96) 9:20 p.m. C. Special Use Permit: Request by James Hall to construct a child day ~3 care center for up to 1 ~0 children at 6640 Gordon Road: The land is zoned I-1 Light Industrial. (S-294, 4/96) 9:3~ p.m. D. Special Use Permit: Request by Sonya Spencer to establish an ~9 in-home child day service for up to twelve (12) children at 4609 Middlesex Road in Kings Grant Subdivision. The land is zoned R-10 Residential. (5-39~, 4/96) 9:~0 p.m. E. Rezoning: Consideration of establishing Special Highway Overlay 6~ District regulations along the Smith Creek Parkway 10:10 p.m. F. Rezonin;: Request by Earl Worsley to redesignate 1.37 acres at 71 1204 Culbreth Drive in the Landfall Center to Planned Development Commercial from Planned Development Office and Institution. (Z-564, 4/96) 10:20 p.m. G. Rezoning: Request by David Sweyer to rezone .~4 acre at 1638 7~ Military' Cut-off to Office and Institutiori'from R-1~ Residential " 10:30 p.m. 8. Consideration of request to Determine if a Reservation Should be 79 Required or Accept Approval of TRC for River Forest Subdivision 10:40 p.m. 9. Consideration of Resolution of Intent to Close Watercrest Street, 81 Brandywine Subdivision " NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC MAY 6, 1996 6:30 P.IVI. ITEMS OF BUSINESS 1. NON AGENDA ITEMS (Limit three minutes) 2. .Approval of Minutes 3. Consideration of approval of Sewage Treatment Contract City of Wilmington Contract Number 96-0319 4. Consideration of Sewer Condemnation PAGE NO. 8~ 87 103 ADJOURN t NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA . MAY 6, 1996 6:30 P.M. . ~ '~ . ~ ~ - , ITEMS OF BUSINESS PAGE NO._ . 1. A royal of Minutes r ~ ~ pp 107 ,. 2. Approval to change County Medical Insurance to Medpoint i 109 . 3. Adoption of resolution rejecting bid #96-0309 for Open Plan, - :1:13 ` ' Office System ~ . 4. Acceptarice of FY-96-97 Detentions Alternatives Grant and authorize I I5 , ~ .Chairman Greer to sign the grant application ~ ~ ~ - - . 5. Approval ofresolution-relating to'the sale of surplus property - 129 parcel number Ro079-000-003-01 x.000 located at 623 Carolina ' Beach.Road for-the amount of $2,000. The offer to purchase has- been duly advertised for upset bid ,, ` 6. Approv..al to award bid and approval of contract #96-030 for'FY96-97 133 nutrition services for the Aging Department to Newbold's Carolina - Seafood & BBQ; Inc. - ' 7, pp of Home and Community Care Block Grant for 1-996/97 A royal 13~ _ - ' - 8. Adoption of Resolutions adding.the following roads to the State 1.4~ ' 1. Highway System: King Arthur Drive ' Churchill Estates, Sections l and 6-D North Chase Development ~ . ' 1, 9. Award. of request for proposals (REP) and approval of contract ,~ 1>j . ~ . . ! #96-O21 for collection of child support by private contractor ~~ For FY96/97 ~ .. - P i 73 10. rogram Contract stance Approval of renewal of Interim Ass 1 r ~,- .: . 11. Approval of Budget Amendments A. #96-49 to increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary B. #96-0188 to adjust budget necessary due to-the requirement of additional travel for Pat Melvin as a result of her participation in Transit 2001?: NCDOT requires to'have Board approval C. #96-0190 to budget additional State"funds for the Child .Day. Care Services Program and the CP&L Intervention Program (No additional County funds are required} D. #96-0191 to budget $~~,000 {received as'restitution from a defendant for travel expenses incurred by the Sheriff's Department while. conducting an investigation " ' E.~#96-0192 to budget insurance proceeds for the replacement purchase of two pianos at the Senior Center F. #96-019 to budget additional revenue/garage charges~to offset the gieater'than anticipated repairs required on County ' vehicles during this fiscal year - G. #96-0194~to budget insurance proceeds'for replacing and ""~ . repairing equipment damaged during abreak-in and to budget greater than anticipated revenues to automate the Vital Records Division to more efficiently serve the public H. #96-0197 to budget a contribution from the Loyal Order of ~' Moose to the Sheriff s Department for the"D.A.R.E: Progcam~ ,. j , {,. 179 180 181 182 18~ 184 18~ 186 Regular Item.#: lA Consent Item #: Additional Item #: - Department: County Manager Presenter: ~ . Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: . Consideration of request for approval of Resolution proclaiming April 24, 1996, as Armenian, _° .Martyrs Day. - BRIEF SUMMARY: ~ ~ . " At .your last meeting Dr. Alexandyan appeared before you requesting adoption of a resolution com e ~~ ~~ m morat>,ng the 80th anniversary of the Armenian Genocide. ,~ . ® Y .. , ^ RECOMMENDED MOTION AND REQUESTED ACTIONS. ,~ ~ ~ .. _ - . ~~ ~ , FUNDING SOURCE; ~,~.:: . Federal S: State S; County S: 'User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget amendment Prepared: PREVIEWED BY: LGL: _ FIN: BUD: HR: _- COUNTY MANAGER' COMMEN AND RECOMMENDATION Consider adoption of the resolution. ~il~Y~~f ~ . _ t , REMOVEF~ L~ ~POSTPt~N~t~ ~=; _ ~ i ' ~~ DATE . ~, ; ., _ ~. Refcr to Office Vision Bulletin Board for Disposition s C ~% ! PGIl C~%~QG~i22C~?1P/J~ ~ ,. _ .~G~~~X-CG Q~ WHEREAS, the Armenian community is commemorating the 80th anniversary~of the Armenian Genocide; and -WHEREAS, 80 years ag eruan and the loss of their ancestral homelands. The . and the forced deportation of c rs b; and e forced to wi s aughter of their relatives ore than 1.~ million. Armenians Ottoman Turks in 191 ~ i tiered every year; e e to be a people fu e, working side by side for the future of Armenia. Through their faith ei e the Armenians remain a strong and courageous people wor ' azd rebuilding a firm foundation for ~ d WHEREAS, New Hanover County recognizes'the vital goal of promoting ethnic harmony and equitable treatment ofall persons, to be achieved in part through rnemonalizing past-genocide such that the atrocities aze not repeated; and NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners proclaims April 24, 1996, as ARMENIAN MARTYRS DAY, and commends the Armenian-Americans in this County for their contributions in all areas of life. .Adopted this the 6th day of May, 1996. ATTEST: a -~ ~.. Clerk to the~Boazd ; ~~ ~~~°R'~^~~~ ~~ ~~ ,.R ~ .~ k y f i~~ i73 ~~ x j~T: iaG Fes': v Regular Item #: 1B Consent Item #: • , -_ Additional Item n: ~° . Department: DSS _ Presenter: Wayne Morris' . _ Page Count In Agenda Package: One Contact: Wayne Morris SUBJECT: Consideration of Proclamation Honoring FosterParents - .. ~: BRIEF SUMMARY: :. May T996 is Foster Parent Appreciation Month. The attached Resolution honors. foster parents. - ~ ~ ~ . .. . ~. ~ -~. . RECOMMENDED MOTION AND REQUESTED ACTIONS• . . ,. - FUNDING SOURCE: ~ . .. . _. ~. Federat5:., State S: County 5:. ., User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: •~ REVIEWED-BY: . ~. _.. LGL:'APP WCOPLEY FIN: N/A BSHELL BUD: APP CGRIFFIN I-~: N/A ANIALLETT , . COUNTY MANAGER'S COMMENTS AND REC MMENDATION ,: S " - ~ , Recommend adoption of Resolution. ~. ~ . _. . . .. APRR4VE~~ __ . ~'~ Q t~' _~ . Rcferto Office Vision Bullctin Boazd for Disposition r ~-~ ~ G~' 6 I PROCLAMATION .HONORINGF'OSTER PARENTS WHEREAS, WHEREAS, WHEREAS, --The incidence of ~child~ .abuse and neglect in' New Hanover County is of the same near epidemic proportions as across the State and the United States, 'and :~. ~ . ' Despite the prodigio,us.eff,orts of social.. workers, too many victims of abuse and neglect must Yie removed from their homes and families for their very safety while their parents and caretakers.learn•ways to meet-the children's needs without°abusel, and, Family foster homes are the placement of first choice for child victims of abuse and neglect because these functioning families offer children the opportunity to learn family values and healthy patterns of behavior in security and safety so that the destructive cycle of abuse and neglect can be forever interrupted, and WHEREAS, While there are now more foster homes in New Hanover County than ever before, demand continues to far exceed .the supply, , and • z WHEREAS, Repairing the broken spirits and mending the hurt minds and bodies of their wards, large and small, requires unflagging commitment of intellect and energy by our foster parents, and WHEREAS, Small recognition and paltry compensation is provided the monumental effort and contribution of these molders of our future, NOW, THEREFORE BE IT RESOLVED . THAT the New Hanover''Boar'd of County~Commissiones proclaim the Month of ,May, 1996, Foster Parent Appreciation Month`, and ~ ' BE IT FURTHER RESOLVED . THAT. the Board of County-Commissioners and all public ,_ - entities`recognize_th-roughout the year the work and talent of our foster parents and rededicate our efforts to strengthening all our families; but ;; especially . "those ~ fam,iTes who take on , the .• j obs of others:: , ~ ~ - 1 TN~TS~~?~HE ~~«~'~ ~y~~DAY~~~ , 1996 . ,~ ~OF~ • ~..Qp_ ,rs n ,y ., • ~' n .:.. u.l 1 "; ~ Regular Item #:2 Consent Item #: 'Additional Item ~: , Department: County Manager Presenter: . - 'Page Count ~In Agenda Package: Contact:. All"en O`Neal ,~ .. SUBJECT: ~:: > Request for County Commissioner to -serve on the Cape Fear Community College Long Range . Planning Committee. ~ _ :BRIEF SUMMARY: The Cape Fear Community "College Board of Trustees has appointed along range planning committee that is charged with the responsibility of considering the long range facility and service - needs through 202. I have been- asked to designate a staff representative for the County. I have . ~ chosen to serve in that capacity. At the first meeting of the committee I suggested the County , Commissioners at least be given the opportunity for a County Commissioner to serve on the . " .committee. The idea was wholeheartedly supported by the committee members.: I have included :backup material. for your information. " ^, . ~. RECOMMENDED MOTION AND REQUESTED AeTIONS• .Consider appointing a County Commissioner to serve on ahe Community College Long Range. Planning Committee _ . ' -; .. ~ .. :" FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Moneyls In Current Budget: IYew Appropriation Request: Budget Ameridment Prepared: - ~ REVIEWED BY: ~ .: . . ;. LGL: FIN: ~ BUD: HR: - COLjNTY MANAGER' COMMENTS AND RECOMMENDATI N ` Consider appointment. . ~~ ,, a .; ~_ , . . . .I. ~. , . ~pOSTPON~4 t~ ~,'., . ~ QATE - .., . ~., _ .urc,;QQ y~r~~e .. . '~ ~ ~ " Refer to Office Vision Bulletin,Boazd for Disposition , Q INTERROLL CORPORATION 3000 CORPORATE DRIVE INTERROLL - WILMINGTON, .NORTH CAROLINA 28405 TELEPHONE:910-799-1100 TELEFAX:910-392-3822 ' CHARLES AGNOFF - March 4, 1996 ~ CHAIRMAN OF THE $OARD Mr. Allen O'Neal M Y:. .;,,,~ ~ `_' ~^ •, ~ ~ :. . County anager :. :nr ~ ~` New Hanover County 320 Chestnut Street ; $ b i99~ Wilmington, NC 28.401 ~ . - i,.,~~il:\1~1'iC:1T1VE UFFl(: . _ NE~V H~NOVER CO. ' Dear Allen, ~ ~ ' As you~very well know, over"the next few years more than $20,000,000'will' be sperit''in "growing" Cafe Fear C ommunity College, Hopefully, we are addressing the mid=term needs for more space for this very fine institution.,. Can we now -rest:on our laurels? Decidedly - NO!! CFCC's Planning Committee is now tasked to study CFCC 's. long-term needs into the first quarter of the 22nd Century. Clearly, at some point in` the future, we will run`out of city ~Iand...Do we move out of the city? Da we establish one or more satellite campuses? Do we go up instead of out? Do we spread out "helter-skelter" wherever space is available? There are lots of questions and lots of alternatives to be~ explored, ... and so we want to begin a meaningful dialogue with those individuals concerned with planning CFCC's future growth. " Towards that goal, CFCC staff is now preparing the raw data we will need to project growth through 2025. You surely have your own thoughts on what Wilmington, New Hanover County and Pender County will be like in 25 years. Beor in mind that in 1995 Wilmington was, per capita, the fastest'growing city in America. We really need to share our thoughts and project needs as we begin development of a long-range plan. I wou~ .. 'd ''ke to i gave you attend a =ianr~iny Colr~mittee meeting (i 1 /z hours).~at ~CrCC on April. 1.5, 16 or 17, What does-your schedule look like? What's fhe best time (8:00 a.m: breakfast meeting, noon lunch meeting, or 5:00-5:30 p.m.)? Please get back tome (or to my.secretary, Doreen. Park) .with your preference so ghat we can-set things up. CFCC really needs your input if we are to be successful.in servicing the future education needs of our wonderful (and ever-growing) community. Thank you iri advance for your participation t ~~~r ~ ~~ «.~;~ , Cordially, r: ~~~ ,t~a~``f~,.~~' ~ f .r YY ~;lla ' ~pp fiv"i~ x' Y. VY~ '*' S r~ L~ I -; t~ t '. " '> t.. ~ 4 ; t ti C'~` ;~, ti r 4 9 `"c~ fit'<v Y / / ~ !t-, a ~ ± p'~1 \, ~ ~ ~ ~;; .3 it _~, ~ , , ~ cfccplan.doc _ _ .. .. ,. . ~ AGENDA . ~` CFCC BOARD OF TRUSTEES . .. .. PLANNING COMMI?'TEE APRIL 17,1996, 8: 00 A.M ^ 1. Introductions ..... ..... ........... ... Chuck Agnoff~ r-- 2.'Blueprint for the Future (the Alfred report) .... Chuck Agnoff 3. ~ - --- Today ,Expansion Program ................. Carl Brown ~~ 4. Future Expansion Needs .........:........ Eric McKeithan - ~. ~ Facilitating an Action Plan .......:..:........~. John Sifers 6- Open Discussion .......................... .... . ~ Group, 7.. Adjournment , , ^ ~ ~. CAPE FEAR .COMMUNITY COLLEGE FALL QUARTERS -NEW MANOVER ONLY CURRICULUM -HEADCOUNT A.iYD FTE 10000 ; I. ~~ i 8. 800 600 400 200 Oj ~ ~ ~. 1985 '1990 ~~1995 2000 2005 Headcount FTE 2010 2015 .r: , i , ~. Parking Spaces Needed ' ~ ~ ~ ~ - ~ College &Non-College Spaces .. ~ .• _. - - - - 665 College-Owned Spaces 100 Leased Spaces (Neuwirth) e - :, , Assignable Square Footage (ASF) Academic Facilities r .. 00 i 80 60 ., 40 20 0 1985 State Average ASF in Community Colleges Cape Fear Community College ASF 10 1990 1995 2000 .2005 2010 2015 12 m a t r y ILL YI Q t L Q N m d _C 9 m 4 4- m m z. r 0 c~ N N o 0 0 ~ ti o c ~ ~ L L . ~. ~. ~ ~ _ ,~, . ~ 0 N C C n a V r vMi // ~~ N V/ i L'/ ~ 0 N ~ ~ N d N ~ ti 3 3 L L R L L ~ w o o .~~ ~ _.~ ~ N ~ ® ~ M m d1 ~- M Q~ O M W H ~-t .o ~. a 0 0 0 ~' 0 0 0 ~ ~ 0 0 0 0 O O 0 D 0 0 O 0 0 0 0 O 0 0 ~ d M N r - ~ .d - ~ - ~ . Acreage Needed for Parting-and Buildings . 1996 - 200 . • 14 0 - ~ :.. ' .. 0 . .~ .~.. ~. . 12:0 `~ 10 0 . 801 ~: 6Ot ~ . ~~ .' 0 . . 0 4. ' 2.00 ~. r ~ I 0 00 . 1996. 1991 1998 .1999 200D 2D01 2002 20D3 2DD4 2DD5 . . • - , ®~:Facllttles Standard 84 ~ Fac~iles Standard 60 ~ ® FacllttlesStandard 75 .... ,_ ® ". ~ FacllttlesStandard 7D ~ . Parking Assumptions: No decks; 70 parking spaces per acre; 3-story buildings (I/3 of projected w ~. space equals foot tint ; minimum'for sidewalks service area P ) sand landscaping equal to footprint. ~ ~ ~ • ~ . - 1.3 NIINUTES CFCC BOARD OF TRUSTEES PLA.NNPi tG COMMITTEE ME R (~ • ~ =April 17, 1996, 8:00 a:m. ~~~~U~~D Present: Charles Agnoff, Committee Chair, Trustee John Bauer, Pender County Manager_ _. Carl Brown, Director of Institutional Services _ Stephen Davenport, Trustee -Kathy Garris, Admin. Assistant to the President Mary Gornto, City of Wilmington Manager Dan Hickman, Vice President for Instruction Fred J. Jackson, Board of Trustees Chair Eric McKeithan, President Allen' O'Neah, New Hanover County Manager Jon W. Rosborough, Trustee Gerry Shaver, Director of Institutional Development John Sifers, Plannin' Specialist . William C. Taylor, Trustee -' - .• Media Present: Mark Boyer, WG~1I Radio' pPR Z ~ 1995 NEW HANOVER CO. MANAGER'S 0__`_ Introductions and Overview -After introductions, Mr. Agnoff gave a brief description of the process and results of the "Blueprint'for the Future: Strategic Plan 1990-2000" document-that was developed by Dr. Richard Alfred in 1991. In this report, Dr. Alfred suggested that the College move from downtown to a more spacious location, possibly in the northern section of New Hanover County. However, the Board voted, at thattime, to keep its campus in downtown Wilmington. Mr. Agnoff offered, some possible~options to relieving the space crunch at the College._ i Todav's xQansion Program - Mr. Brown, using an aerial map of downtown Wilmington, discussed the College's present campus, leased property, and potential new property being ' ' considered. He also reported, that Phase I~ construction of the College's new buildings should begin August 1996 and Phase II is scheduled to begin,in January 1997: All new buildings should be complete by mid~1993. - _ ..... ..' - Future x~ansion`Needs - Dr. McKeithan discussed enrollment and FTE increases over the past ten years and projected increases through 2015. These increases will drive the need for 21 additional acres for parking grid 10 .additional acres for buildings by the year 2015, if CFCC were to keep pace with the 1994 average amount of academic facilities per:full-time student in the N. C. Community College System. Committee discussed. -.~ -. - -- - - - • what may cause increased enrollment (population growth,•more jobs, new programs) • putting a cap on enrollment (may clash with the Mission Statement). 14 . ,. _ f ` .Planning Committee Page T'w'd-`-•'.~,.~,r- ~--' .~,. .V . _ n.. .:~ ~ _ b ,,. tZ4sr • _.r i L . . consolidation of community colleges (not politically popular idea) . ~': '.regional programs (has some disadvantages for Iess affluent students who cannot =` afford to commute or relocate to ariother college) Facilitating an Action Plan - i~ilr. Sifers presented information.on objectives of a strategic plan, a . suggested action plan, and methodologies for developing a strategic plan. Discussion -Some issues that were discussed: ... • Funding ,. Regionalism - ,Local population needs ~ - • Transportation n Distance Learning ~ . U~ Results/Action Plan • l ., The 'City and County Managers will delegate members of their staffs to serve on the Planning Committee.. 2. - Dr. Alfred will be contacted to a k what he wou' ld charge to update the "Blueprint for the. . Future" report. ' .~ 3. Major objectives will be decided for discussion at Wert meeting. Mrs: Shaver and other. college employees maybe involved in the process. 4. Dr. McKeithan stressed that when new buildings are completed, in about three years, ~' parkingwill be a ma'or issue. We need to be in urchasinv roe for-that now. J g P ~ P P rtY • ~. Elected officials will be invited to attend a,Iuncheon meeting at which they will be informed of the College's needs. ' NEXT l~fEETING: May 29, 1996, 8:00 a.m. Meeting adjourned at 10:0 a.m. t , - _. ... .:: ...... Eric B. McKeithan, President k~ ~, .. ~ . { }~ . ~ ~ 15 .. 0 ^~~ .~ i y - , ~ ~ _- ~ ~; ,. . Regular Item #: 3 Consent Item #: Additional Ttem #: Department: County Manager Presenter: Page.Count In Agenda Package: Contact: Allen O'Neal . - SUBJECT: ~ .. Consideration. of Request to Purchase Property for .Cape Fear Community College . ~_ BRIEF SUMMARY: Cape Fear Community. College has identified. I,2~acres ofproperty that adjoins 700 N. Front Street and desires to purchase the. property for the tax value of X42;000. If purchased, the. college intends. to use the property for amaintenance/storage area as well as a site for a masonry training program. ° The site appears to be free of environmental concerns. . ~ _~ , .. .RECOMMENDED MOTION AND REQUESTED ACTIONS- Approve staff moving forward with the purchase. of property... -' . . 3 _ :. FUNDING SOURCE: ~ ~ , Federal S: State S: County Sc ~ User Fees S: Other S: Money-Is :In Current Budget: New Appropriation Request: . .. .„ ~- Budget Amendment Prepared: REVIEWED BY: LGL: FIN: _ 'SLrD: Imo: COITNTY MANAGER'S -COMMENTS AND RECOMMENDATIONS -- .- Recommend .approval of purchase of.property. Funds are not budgeted for this transaction. However, he property is needed and uses have been de f~strated. Budget amendment #96-0201 is attached allocating the General-Fund-ec~ir~ ~ __ Pro ~a~.d ~.«d dance.. ~# - a ~ 1~~II ~ _~~~f; Refer to Office Vision BulletinBoud for Dis ~,,,~; S ~ . ~~. ~_.. .~ a _~,,,~ CAPE .FEAR . =-~_ COMMUNITY COLLEGE - - OFFICE OFTH€PRESIOENT ' 411'NORTH FRONT STREET' WILMINGTON, NORTH CAROLINA 26401-3993 PHONE (9101251-5101 • FAX (9101251-5146 lll...___JJJ April 24,' 1996 - To: Allen O'Neal, Manager New Hanover County From: Eric McKeithan C~ j" ~ Re: Available Property ' ~ ~ ~ ` .David Weil and DeWayne Anderson have indicated their:desire to sell 1.2 acres of property that adjoins the parcel at 700 N. Front Street, acquired, in 199 by thz county for Cape Fear Community College. Mr. Well's letter (attached) indicates that they would be willing to sell the property for the property's tax value of $42,000. We're not precisely sure what his statement "--less closing costs--" means, but taken literally, it could mean that he would consider an offer to purchase at this price with the seller paying all closing costs. Access to tl~e parcel is provided most practically by an easement across the 700 N. Front Street property, although the plot shows 33 feet of frontage on Hanover Street. The 1.2 acres would be a good location for a rnaintenance/storage metal building [hat the college desperately needs. This location for a maintenance and storage building, near the Schwartz Student Activity Center, will also provide needed storage for hundreds of extra chairs and ° tables, portable staging, and sound shells, thus ;really accommodating the many uses of that building. Moreover, given the limited public view of the property, we hope to be able to start a masonry training program (brick, block, rock, footings and slabs, etc.) in support of local' building activity. Currently, we know of no similar program for adults or eligible high school students, other than on-the-job, in masonry in southeastern North Carolina. The Facilities Committee of the CFCC Board of Trustees, with 6 of the total of 13 trustees L in attendance, unanimously recommended the purchase of this property. The full Board meets on May 16, and we expect similar approval from the entire Board. Attached please find a Phase I environmental assessment that included both the 700 N. Front Street tract and this 1.2 acres. That report indicated that no underground storage tanks or other problematic activities appeared to have. been located on the 1.2 acre parcel. Also attached is the Phase II environmental report on the larger piece of property at 700 N. - ' Front. A chart of groundwater flow on the larger piece suggests"that groundwater - generally migrates from the direction of the 1.2 acres towards the larger tract.. ~ - -r Given both reports, we believe that the 1.2 acres is as clean or cleaner' than the earlier purchase of 700 N. Front Street, though we realize the limits of any environmental _ assessment in.being able to pinpoint each and every -spot where a spill .may have occurred.. , a over the years. ' ~ We respectfully request that New Hanover acquire this tract for the college as soon as possible. Please advise of any, additional information-or assistance we<canprovide. Many '~ . thanks. *.. i~rT fY~~~ '~~ .~..' ":a:';.,.a' t' . r..:=,~ •r.4.~ ,N~ ~ i. ' 4 ~/ 1 ~: CFCC Board of Tnistees - ~ • ` srw jam ~, ~. ,4 c ~ ., - , >E~ A~4+:a~ ~ %~ 14.7 ~ .. •. .. ._ , ,,~-,en . ~ ,~... q~EiRPAATIVE ACTION 1 EQUAL OPPORTUNITY EMPLOYER !~ • ,Budget Amendment ////////%//////~/i/%////////////////%///////////~///////////'%%~////////~%~%////~//'////////////////~%/OO~////////////////////////%~////////////////////////////////%////////////% ~ ~ ~ - .DEPARTMENT BUDGET AMENDMENT # DATE Conunissioners' Office Cape Fear Community. College 96-0201, 5/6/96 . • ADJ[JSTMENT DEBIT S.REDIT " ~" Commissioners' Office ' Appropriated Fund. Balance $43,000 Cape Fear Community Colley ~ • • Land Costs ' $43,000 . . ": • • - .. - , " ~ EYPLAIV,ATION . _ • .. To;appropriate fund balance to purchase land for Cape Fear Community College and for thejrelated closing costs. ~ . ,. With approval of this budget amendment, the amount of fun balance appropriated will be X3;176,129. - • • - ~ ~ 7 I `I!~^4` '. ' . ~ _ .. .-~; For Budget Officet's approval; then report. ,~~~~',~, ~~ to Commissioners at ne~ r~lar meeting " • ~~ „'+r~.; ~ j "and enter in minutes. ~~, 1~t~~~ ~ ,. ~ To be approved by Coihmissioners. "" Jf i To be entered into minutes. .,. -• ~ ~ ~ _ r, . 4 ~ ~ .. ~ , uah )l 3 ~ ~ g~ y ; ~,zy ~, ~ r ~~ ,_ ~ _ ~ ~ h~~''i^~. p' ~a `~. _ ~ _ r~~.: _ ;4ra~~° ~~C'~4~ ~bL` t Regular Item #: 4 ~ Consent Item #: Additional Item #: Department: Finance Presenter: Allen O'Neal, Bruce Shell Page Count In Agenda Package:. Contact: Allen O'Neal, .Bruce Shell . ,. i .. ~ ..SUBJECT: . Discussion of purchase of land for a middle andhigh school site. . BRIEF .SUMMARY: Discussion of purchase of land for a future middle and high school site and consideration of financing options available is appropriate. In order to :minimize the impact on future tax rates, consideration should be given to financing terms that extend debt service payments_over the useful life' of the property or greater than ten years: Financing options include owner financing, or installment financing through bank placement or Certificates of Participation. '~ RECOMMENDED' MOTION AND REQUESTED ACTIONS: ... ._ . . • . ~~~~ ~~ . w~ ~ f~ . ~:~~v~aa~ ©~ ~: ,~~~ ~ - .. __ `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: COUNTY_MANAGER'S COMMENTS AND RECOMMENDATIONS: The County Commissioners. should discuss the.opportunities available for purchase of properties for middle and high school sites and the opportunities for financing. Site data is being developed . ~ and will come to the Board under separate cover. -~ .. :. Refer to Office Vision Bulletin Boazd for Disposition . NEW HANO~ER COUNT INTER-OFFICE 111E1V~t O ._.::. .::. :.~ :.... .. :::..:... Apri129, 1996 - • _ - _ TO: Allen O'Neal, County Manager Andy Atkinson, Deputy County Manager ~. , • .. ,~ FM: ~ Bruce T. Shell, Finance Director~~ ~ ~ ~~, -RE: Purchase of~Land - _ - . . I want to make you aware of some financing considerations as we consider the purchase of land for future schools. As I have had discussions with Bond Counsel and Bankers, I mention the following for your information: Owner Financing Arrangement: • Agreement should not prohibit the County from early payoff. .. Owner financing _ agreement should include language in the agreement that enables the l.ounty to;pati,;the'debjt,?off with general obligation debt. • Interest rate4IVIUST be`:competitive in the market. ~ ~ . c ~ r ;? ~lr; ~ ~ s ::- ~ 3+,rr.~.k a ~~~ f • ,•.~ ,, Installment Deb~tF~rrangement with Financial Institution: G '. ; F ~ :.The Countv'~s not+"bank qualified" in 1996 and therefore must pay a little more for interest than if we had issued less that $10 million in debt. Interest rate quote from First Union is still under 6%. (That is a very good rate due to our outstanding rating) ~ ; - • The- General Assembly may:. include the County in special legislatiori that would. allow • issuance of COPS for school related property ,and construction. This would enable the County to f nance school related construction without a general referendum. _ .. ' • My financing philosophy is to _spread the, debt. over 15 to 20 ~ years with early payoff capability. This would minimize the impact on the tax rate and still provide flexibility for ,payoff if we issue general obligation-bonds for school construction. Annual debt service. on $~ million for 15 and 20 year terms... will be 520,000 and 212,000 respectively. . ~~ . :" ~ ~ .. - _ . 22 ~ s •~ . Regular Item #: ~ Consent Item ~: ~ ~ Additional Item n: De °artment: Presenter: Dave Weaver P . Page Count In Agenda Package: Contact: Dave Weaver SUB.TECT: , Consideration of amendments to charge a flat $60 fee for an addition to a single family- residence. BRIEF. SUMMARY: The .Board, at its April. l ~, 1996 meeting, ,requested staff to bring back tht: attached draft amendments to the .Water and Sewer Ordinance to charge a flat $60 fee for additions to single family residences. Additions are presently not charged due to an existing-regulation.that exempts _, additions from being charged (15-18(4)). Staff initially proposed that additions be charged on a square footage basis ($.675/sf) in order to .be consistent. with our square footage charge for construction of a new residence. Charging a flat $60 fee regardless of the size of the addition, r~ however; would be easier to administer. - . . - RECOMMENDED MOTION AND REQUESTED ACTIONS: .~ .~ ry FUNDING SOURCE: ' Federal S: State S: County 5: User,Fees S: Other S: 1 1 1 1 Money Is In Current Budget: New Appropriation Regaest: Budget Amendment Prepared: ~ LGL; FIN: BUD: COUNTY MANAGER'S:COMMENTS AND RECOMM: Recommend approval with changes as directed by the Board. Ap~a~ , ~Rcfct to Officc Vision BuJlctin Board for Disposition HR: 23 ... _ ., . as - , _. .. ' ,~ w~~ ~ ~ .r . '~ 5'~;, tk ,ter Y,~ ~k,f~~ ~ t J ~ 4 K, j~ 24 ~ ~ ~:~ ~~ , ~ ,, ~~ Lt~,1 ~, ~T~ r s : r ~ ~~~~i, . .. .. ~i - - .. .- _. ~1`Fi :. ~ :~? ..- q_ i REQUEST FOR BOARD ACTION Meeting Date: 05/06/96 Regular Item #: 6 Consent Item #: Additional Item #: Department: County Manager Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Discussion to consider arrangement with the City of Wilmington to develop a "Land Management and Development Services Center." BRIEF SUMMARY: For sometime there has been discussion about the County and City entering into an arrangement to jointly develop a "Land Management and Development Services Center." The idea and discussion has reached the point that approval of the concept must be endorsed before staff can move forward. The County currently houses most of its land management and development departments in the Annex Building. The one notable exception is Environmental Health which is located in the Health Department. The City is currently scattered in multiple locations and with- the upcoming disposal of the WLI Building must make a move. RECOMMENDED MOTION AND REQUESTED ACTIONS• Discuss the matter of jointly developing a "Land Management and Development Services Center" with the City of Wilmington. Official approval of the "concept" would be appropriate at this time. r~ulvlllivG SOURCE: Federal S: State S: County S: User Fees S: Other S: !Money Is In Current Budget: IYew Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: stn: ~: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• -' Discuss the matter of jointly developing a "Land Management and Development Services Center" ,~ with the City of Wilmington. Official approval of the "concept" would ppropriate at this time. ;.W~ - ~~ R~ ~`~ ~ " ~ .~~ ., efer to Officc Vision Bulletin Boazd for Disposition This page intentionally left blank ..~ . _~~ r q~ ~'~~,~~}1 r ~~a ~~~ ~ . ~~: ,: ~, ~,ner a~aafl6sttufdn~'d"~!.~wo ?'117 `~ ~+~ t i REQUEST FOR BOARD ACTION Meeting Date: 05/06/96 Regular Item #: 7A Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 4 Contact: Pete Avery . SUBJECT: Rezoning; Continued Item - Z-557, 1%96 BRIEF SUMMARY: Request by Robert Johnson to rezone approximately 15 acres at the southeast corner of Greenville Loop Road to Conditional Use B-2 Business for a shopping center with out-parcels from R-15 Residential and B-2 Business. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends denial. FUNDING SOURCE: Federal S: State S: County S: User Fees S . Other~S: Money Is In Current Budget: lYew Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: ~ BUD:. HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COUNTY ~CAMMfSS1~NERS . REJEC'~EI3 D ~~' ~ .. I~EMt3VED CI'~ ~/p I?OSTP~NED 1~ATE ...... 51 . _ Refer to Office Vision Bullctin Board for Disposition 27 Item A CASE: REQUEST.: Z- 5~7; 12/9; Applicant: Robert Johnson R-l~ and B-2 to Conditional Use B-2 Business, Shopping Center ACREAGE: 13.E LOCATION: Southwest corner of Greenville Loop Road and Oleander Drive NOTE: This item was first~scheduled to be heard by the Board of County Commissioners at its February meeting. However, the applicant was granted a continuance and the `' hearing was rescheduled until the ivlay meeting. In the interim, the applicant and his consultants revised the original plan. The Planning Board summary and staff analysis that follow were based on the original plan, not the revised one included in this package. A version of the revised plan was presented to representatives of a neighborhood association from the Greenville Loop Road area, which from the beginning had actively opposed the development of this site for a shopping center. To Staff s knowledge that group's position remains unchanged. The revised plan included in this package differs from the original plan in the following ways: 1. The square footage of the main center has been slightly reduced. Also, the center's orientation has been. shifted more to Oleander Drive. 2. The entrance-planned from Greenville Loop Road has been shifted south. The original plan called for the entrance to be aligned with Bradley Hills Drive. 3. A planned service entrance along Greenville Loop Road fins .been deleted. 4. Out-parcels fronting along Greenville-Loop Road have-been designated for Office and Institution uses instead of commercial uses. Also, the applicant has identified a range of uses from the Table of Permitted Uses that will not be .permitted in the center or on the out-parcels. ~. The width of the landscape-buffer along Greenville Loop Road for the out-parcels has been increased to 20 feet. The minimum is 8 feet. 6. A 6 foot fence has been added to the-rear of the center to help screen loading areas from residential uses. _._ ' ' Planning Board Summary {~~µ"~~g(~t"-~"~~p~.~~~~y~.7., ~ `~`~~'"'`'' 14~~ l6'~I0 ld tY~yY*`!' ~ `~ ~ ~ 9 d ~ Offering a broad range of reasons, the Board voted unanimously to recomrn,~,~end;denial~of~the petition. Those reasons included: `• Y` `r ~?''~~9~4rt~ L:U The project would not be in harmony with the general area. . , ~ ~ ~ r~r~~~~}~~~~Qq ~? h ;. ' j. ~. ~ „~ ~ i ~_ - - i C ~; 2: It would create additional traffic congestion and hazards. j ~ 3. The site plan probably couldn't comply with.Zoning' Ordinance requirements because the i plan did not clearly identify proposed land uses, especially on the out parcels. 4. .There were concerns with the affects on residential property values. S. There were concerns about drainage including its uality and" uantit 'r ~ ~-: q q Y. - . A large contingent of land owners from the Greenville Loop Road area :was present,to protest the applicant•'s .petition. For many of the reasons cited by the Planning Board as well as others, the • -group made it clear they were opposed to a shopping center on the tract: The opposition also felt the center just wasn't needed, citing the availability of other shopping centers within a .mile or two of the subject property. Planning Staff SummarX ~ ~ - The purpose of the conditional use district is to address situations.where a particularland use , . -would be consistent with the Land Use Plan and the objectives of.-the Zoning Ordinance but none, of the general zoning classifications that permit the use or uses is acceptable. .The procedure is intended to.provide compatible transitions between zoning districts of very dissimilar character so that more orderly land. use:patterns can be established and existing residential areas can be, protected. . This land is classified Resource Protection in the 1993 Land Use Plan: Commercial and other non-residential use are permitted provided important natural resources are not impacted. Low density residential uses are also permitted.' ~~ Commercial uses are. encouraged to locate in nodes formed by the intersection of major roads. The plan does .not' identify the locations of these areas, nor is.the size specified. ,Strip development or the linear expansion of existing commercial areas is deemed undesirable. ' ~1 _ ~ .. Basic urban type services can be extended to the site--both community water and county sewer are readily available. Also, the site has access to Oleander Drive, a major arterial and Greenville ~. ~ Loop Road, a major collector road. J Two major impacts can be expected: increased traffic congestion, particularly along Greenville ~~ Loop Road; and, commercial encroachment into established residential areas. , . TRAFFIC: The applicant proposes two points of ingress and egress, one along Qleander Drive ,and one along r G eenville Loop Road. Both points of entry call for the installation of deceleration . lanesso that patrons are able to enter the site without significant disruption to traffic flow along ~~; the main roads: Internal circulation would be.provided in asemi-circular fashion within the project. . . ~' The entrance on the Greenville Loop Road side would probably cause the most problems because it would be dumping a potentially significant number of vehicles per day onto an existing two-lane road, already~plagued by congestion. Greenville Loop Road is only one of two major road ~ ~~ „~ . . '~ . - E connections for significant portions of Greenville" Sourid •property owners seeking access to the Bradley Creek area, Wrightsville Beach or Military Cut-off. In addition, the road serves a significant number of non-area residents seeking access to US 74, US 17"and other points north. The 1993 traffic count along"this road was around 9400 average daily trips. (ADTs) The 'count is probably in excess of 1-0,000 trips today: Conservatively, a shopping center this size could be expected to generate about 3100 vehicle trips per day. The number would increase further when the traffic counts of the out parcels Have been factored. 'For example, a single out•parcel developed with a small ?000 square foot drive-in restaurant would' generate about 800 additional trips:per.day. .. RESIDENTIAL: Commercial zoning now extends southward along the western right-of:way line of Greenville Loop Road about 180 feet. Approval of this, request would increase that length by another 800 feet, exposing existing residential uses on the east side of Greenville Loop Road to commercial activities as well as eliminating several moderate houses adjoining the road frontage. Other impacts would include: added traffic congestion; lighting; noise; smells and after hours business. activities. Similar impacts can be expected for residential uses located'along the site's southern 'arid western border. Several homes are located to the west along Bailey Avenue. Preliminary Staff Findings 1. The. Board must find' that the rise will not materially endanger the public health or safety if located ~r~here proposed a.nd developed according to the plan as submitted and approved. A. .Subject to NCDOT approval, the site ti~~ould have direct-access to Oleander Drive and Greenville Loop Road. =~ _ ~ • B. County sewer and private community water ace available. ~ ' C. The site is located in the Seagate Volunteer Fire Department District.(The fire house is next. door.) w ~ . . D. ~ On-site drainage must be designed so that adjoining properties are not impacted. E. .The site is not located in the 100 year flood plain. 2. The Board must find that the use meets. all requi "red conditions and specifications of the' Zoning Ordinance. . ~. ~ .. . . A. A site plan pursuant to Section 59.7-3 of the Ordinance has been submitted. B. The site is zoned R-1~ Residential and B-2 Business. - ~ ' C. The plan calls for the construction of a 102, 070 square foot shopping center. -Five out parcels are included,' although nothing is known about planned uses of that land.. D. The site is heavily wooded, consisting mostly conifer trees. Some hardwoods -are prevalent. ' E. Planned traffic improvements. include the construction of turning lanes. along both road ~, frontages: A statement of anticipated traffic impacts is attached: ~. .a1 ~ .. 3~ 1 1 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. Land use to the west, south and east is primarily single-family residential, including some mobile homes. 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. Much of the commercial activity in the immediate vicinity is located to the north along the road frontage of Oleander Drive. PRIMARY CON ERNS - Project is a regional center in a neighborhood setting. - Extensive amount~of commercial encroachment along Greenville Loop Road would occur. - Impacts on adjacent residential areas should minimized. 31 PET1T10N SUMMARY SHEET Petition Number: Z-557, 12/95 Owner: Robert Johnson Request• R-15 .... B- 2 to CD (B- 2 ) Taa ID Number: 6200 Representative: C n . i y Von OesPn Acreage:. 1 S Location: rrA~-:~~~ 11a L'ru,.~ ~`-nleande LAND USE, ZONING, UTILITIES and SERVICES Land Classification: ~ Resource Protection Ezisting Land Use: Vacant r~r ~ Zoning History: Area originally zoned December 15_, 1969. Small 0-I U area to the northeast rezoned December 1987. _. Water Type: Community Fire District: Seactate Road Access: Oleander Dr. reenvi e Loop School District: Scwcr Type• Count Recreation' f•Iri nht-s~,; 1 1 o Roar-rl OT20,000 ADT (Est.) Volume: G; 10, 000 ADT (Est. ) MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Bradley Creek (SC) Aquifer Recharge Area: Fr1nQP of ~.rimar~, aroa Conservation Resources: None Historic Landmarlts and Archeological Sites: None Soil Type(s) and Class: _ ~E~tic Tank Suitability: . Prime Agricvlturxl Soils: Building Suitability: Seagate (Se) & Leon(Le); Se: Class II; Le: Class Il_. N/A County sewer None P~loderate limits • • _ . ~~ ATTACHMENT A '. _. E • . TO . .WHAT YOU MUST ESTABLISH TO GET•A ~; CONDITIONAL USE ZONING OF PROPERTY ,~. . , 1. How would the requested change be consistent with the County's Politcies for Growth and Development? . ~.: •. The propeny is adjacent to a major arterial (Hwy. 76) and along a .collector road (Greenville Loop Road). A pomon of the adjacent progeny is already zoned B-2, as are several neighboring properties along Oleander Drive. The current Land Use Plan for New Hanover. County predicts growth in .each of the following categories: ., •. ;' 1. Office and Institutional 2. Industrial 3.Commercial - 4. Transportation, Utilities, and ,Communications .. • ~. Residential 6. Recreational By the year 2020, future land use needs for 'Office and. Institutional; Commercial; Transportation, Utilities, and .Communications; and `Industrial. land are expected to increase by ~0%, 27%, and 64% respectively. These. projections are based on past ,' employment trends and current ratios of employees per acre of utilized land. . ~~ _ • 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed - use. ~ • (1) All required landscape, buffers, screens,- and strips would- be provided: (2) Existing trees to remain where . ossible. An trees removed t' P. Y o be replaced - according to requirements of landscape ordinance. _ ~~ • • .. (3) Architectural style, materials, and building heights to be designed to blend with ~ . existing residential context. - O oposed st~na~e to be coordinated .throughout the center and designed to meet ' the. County signordinance. .. • " ~' • ~' •~ - 3,3 ~' ~ - • titiHAT XOU MUST ESTABLISH TO GET A CONDITIONAL USE ZONING OF PROPERTY Conditional Usc District Zoning is established to address situations where a particular land use would be consistent with the Kew- Hano~•er County Land Usc Plan and the Zoning Ordinance objectives but Cor which Wont of the gcncril coning district Classifications µ'hich u•ou1J allow the use arc acceptable. However, since amendments to zoning maps should also be based on the Land Usc Plan, you must csplain in the space below.how. your rcyucst satisfies each of [hc foUowing rcyuircmcnts: Ho«• would the rcyucstcd change be consistent with the Cnunt}•'s Politics fur Gro«th and Development? See Attachment A ?. How wauW the ra{uestcd Conditional Usc District be Consistent with the propcrty'rclassification on the County's land Clussi~cation ~~lap? The area is classified resource protection. The associated resource is Bradley: Creek with 'tiraters'classified "SC". Class SC =Fish-and wildlife propagation, secondary .recreation, and other uses requiring waters of loiaer quality. ~:. Stormwater measures will be required to ensure protection of this resource: 3. ~~'hat significam neighborhood changes have occured to make the original toning inappropriate, or how is the latid involved • unsuitable Cor the wci pcrrnitted under the existing coning? Surrounding. areas were re-zoned 8-2 in 19SG and again in 1990. A cottimerical/ business trend is inevitable based on the adjoining"thoroughfares,_which make it undesirable for residential homesites and appropriate for cotnmercial~ development. • -. Litt proposed conditions and rrstrictions that would mitigate the imparts oC the proposed use. See Attachment,A Tract boundaries and tout area, plus lut:atiun o(ntljuininc 1anJ parcels and ioadK•a} s.'' ~- Esiain_ tuning ul• the tract and neighboring parcel: and prupaxd tract zoning. ~ Propn.e~l uv: ut land, structures and other improvements. For resiJential uses, this shall include number. height and t~ i'e of unit: and site plan outlining area to be occupied by wchsvucttirc atidh~r stibdicidcd lot boundaries. For nvn•residenctl uses, this shall include approximate yu~rc footage and height o! csch: structure, yn outline oC the area it «ill txcupy and the specific purpose for which it Will b~:~used. U:vclopmctn schedule intauding proposed phasing. y TraCGc and Parking Plan to include a statement of impact conta:rninglaal traffic near the uact, proposed right•o!- K•a}• dedicaiitin, plans for access to and from the tract, location, width and right-of-way for internal succu.and location, arrangement and access provisions for parking areas. °` ~ All exiaing anJ pmposcd eaxments, resen•ations, rcyuired setbacks, rights-of-wa}•. buffering and signage The one hundred (IOU) year lloudplain line, if applicable. ,_ . Ltxatiun and >ir.ing of trees reyuircd to be protected unJcr Sceiion 67 of the Zonihy Ordinance. Any additional condition; and rcyuinmenu, which reprcscnt greater rcitrictions on de~•elopmcnt and usu of the tract than the corresponding General Usc District regulations, which arc the minimum rcyu'trcmcnts in the Conditional Usc District, or other limitations on land which may be regulated by State law or Loca! Ordinance. Any other information that will facilitate review of the proposed change:. 1n stgning this petition. I understand that the cxistingroning map is presumed to be.corrcct and that I have the burden oC proving µ'h)' a change is in p tic insteresL I further undersund that the singling out of one parcel of land for special zoning treatment unrelated to County~c I r~i and the suiroundinb neighborhood would probably be illesal. ! certify that alI ~c information prescritcd in this application ii accurate to the best of my knowledgylJttfo:~natiyp, and belytcf) ~~ X t. SiSnature aC Petitiot~r lad for Owner 1 f .- HOWARD T. CAPPS & ASSOCIATES, L\C. Land Planning • Landscape Archirecrure MEMORANDUM TO: Pete Avery, Senior Planner ' FROM: Howard T. Capps, ASLA l ---- DATE: Apri123, 1996 RE: Changes'fo Site Plan on Seagate Village The following list represents major changes in site design and zoning from original site plan prepared by Century von Oesen dated 117/96. 1. Zoning The original request asked for rezoning of site from R=15 to CD (B-2). This request is to rezone portion of site from R-15 to CD (B-2), and to rezone three out parcels along Greenville Loop Road to CD (O&1). In addition, owner has agreed to limit uses in both the CD (B-2) and CD (O&17 to those uses provided to New Hanover County Planning staff. ~, 2. Vehicular Acce s The original access points on Oleander Drive and Greenville Loop Road.would permit cut-through traffic. Also, Greenville Loo Road 'entrance wa p s directly across from Richard Bradley Drive, which was of concern to residents of that area. Revised site lan ha p s mo red Oleander Dnve entrance to western edge of site to allow additional stacking room for cars on Oleander Drive west of the stop light at Greenville Loop Road. The Greenville Loop Road centerline entrance to Seagate Village has been moved . approximately 180 feet to the south of Richard Bradley Drive. This separates conflict between entrance to residential subdivision and proposed Seagate Village. This also allows more distance between Oleander Drive and Greenville Loop Road entrance. ~. All out parcels will be served by interior.access and not from Greenville Loop Road or Oleander Drive. 201 North ProrTt Street Suite 4 ~ • ~ '' O_ ~rlmtng[on. North Carolina 28401 • 910-7G3-7708 3. Parkin a The original plan called for 255 required parking spaces, with 378 parking spaces provided. The revised plan calls for 258 required parking spaces with 331 provided. This represents a reduction in parking, allowing more open ;area for landscaping. 4. Seaeate Village Shoppine Center The original plan included 102,070 sq. ~ft. of retail space. The revised plan contains 102,895 sq. ft.; however, the building footprint has been revised to reduce appearance of strip center by clustering shops around large major tenant building. The orientation of the shopping center has been changed to face Oleander Drive and not Greenville Loop Road as shown on original plan. 5. Out Parcels The original plan did not include an indication of how the five commercial out parcels would be used (all CD [B-2] zoning). '~ The revised site plan reflects only two commercial out parcels located on Oleander Drive, a portion of which is already zoned B-2. To provide adequate depth on these two out parcels fronting on Oleander, the plan calls for rezoning to CD (B-2) with a limited list of uses based on the New Hanover County. Zoning Ordinance. Three out parcels along Greenville Loop Road have been changed from CD (B-2} in the original plan to CD (O&1), with a list of specific uses. The change to CD, (O&1). zoning along Greenville Loop Road has been done to provide a transition in use from commercial to residential by use of the O&I parcels, which is more in keeping with good planning principles and County~land use policy. The earlier plan did not indicate po"tential impact of building and related parking. In an effort to provide additional information on building size and parking, we have shown schematic layout and potential building location and parking based on out parcel configuration and required building setbacks. This information is for illustrative Purposes only. 36 t i 1 t 1 A 1 1 1' 1 Parcell Parcel 2 Parcel 3 Parcel 4 Parcels Approximate Building Square Footage and ' Parking for 5 Out Parcels 6. Landscape Buffering ' Pro oc.d nnin,$ CD (O&n Bttildinp 15,000 sq. ft Flnorc 2 Parkine 49 CD 0& 9,600 sq. ft 2 33 CD O&I 16,900 sq. ft 2 44 CD (B_2) 2,800 sq. ft. 1 39 CD ((BB 2)) 3,040 sq. ff. ~ 1 30 47,300 sq. ft. 195 The original plan. called fora 10' street yard landscaped strip along Greenville Loop Road. In an effort to provide a substantial buffer between the O&I out parcels and existing residential development on east side of Greenville Loop Road, the Developer will provide a 20' landscaped buffer using a combination of landscape material and low earth berms (2' maximum height on berms) to provide an am-active and effective landscaped buffer along the Greenville Loop Road frontage. The original plan called fora 20' wide landscaped buffer along the rear and side of the shopping center. The revised plan calls fora 45' landscaped buffer along the rear and a 33' wide landscaped buffer along the western side of the shopping center, with a. 6' fence to provide additional buffering between center and adjacent residential area. 7. Utilities ,The original plan and revised plan calls for extension of water and sewer, and storm drainage improvements that will meet all County and State requirements. Schematic layout of all utilities provided by Century von-0esen Consulting Engineers: HTC:ja CC: Steve Saieed Bob Johnson 37 t CD (B-2) ' Seagate Village Shopping Center Limit on Permitted Uses Of the 84 permitted uses outlined in the New Hanover County Zoning Ordinance under the B-2 zone, the property owner has agreed to limit uses to the following 43 uses: Electric/Gas & Sanitary Services Electrical Sub-Stations Post Offices TV & Radio Broadcasting Antenna and towers less than 70 feet in height and ancillary to the principal use Apparel & Accessory Store Building Materials & Garden Supplies Convenience Food Store Drug Store ~ . Eating & Drinking Places _ Entertainment Establishments, Bars, Cabarets, Discos Entertainment Establishments, Bars, Cabarets, Discos in Shopping Center Food Stores Furniture, Home Furnishing & Equipment General Merchandise Stores Handcrafting Small Articles Hardware Miscellaneous Retail Retail Nurseries Historic Restaurant Banks, Credit Agencies, Savings & Loans Business Services Including Printing Dry Cleaning/Laundry Plant Electrical Repair Shops Equipment Rental & Leasing ~ ~ ~ - Membership Sports & Recreation Clubs Personal Services Watch, Clock, Jewelry Repair BazberBeauty Shop Libraries Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building Circuses, Carnivals, Fairs & Side Shows of no more than 30 days Duration per Yeaz Government Offices & Buildings ` Offices for Private Business & Professional Activities ~' Principal Use Sign Temporary Sign ecycling Facilities: 3. ~I Small Collection Large Collection Outdoor Bazaars excluding Yard Sales Christmas Tree Sales Pumpkin Sales Special Fund Raising for Non-profit Organizations Evangelistic and Religious Assemblies not conducted at a Church -~ ~~ ~~ ~~ . ~. r ~? ~~ .. 39 ~~ _ cD ~o&n Seagate Village Shopping Center Limit on Permitted Uses , . Of the 40. permitted uses outlined in the New Hanover County Zoning Ordinance under the O&I zone, the property owner has agreed to limit,uses to=the following 17 uses: Electric/Gas & Sanitary Services Electric sub-stations Telephone & Telegraph Facilities Antenna and towers less than 70 feet in height and ancillary to the principal use Drug Store Banks, Credit Agencies, Savings & Loans Business Services Including Printing BarberBeauty Shop Children's Day Care Nursing & Personal Care Facilities Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building Goven-unent Offices & Buildings Offices for Private Business & Professional Activities Principal Use Sign Temporary Sign Special Fund Raising for Non-Profit Organizations Evangelistic and Religious Assemblies not conducted at a church ~I 40 C CONSULTING ENGINEERS s t t iVlr. Pete Avery NHC Planning Department -- 320. Chestnut Street.. . , . Wilmington, NC 28401-4027 - Re: Supplemental Information for Rezoning Request. Seagate Village Shopping Center .Dear Mr. Avery: r .. 3 , - The following information relating to the issues of traffic and regulated .trees is submitted as additional information to the- current rezoning request for this site. We realize a more detailed survey of existing regulated trees. must be ..performed prior to the completion of the ,site plan for this project. Re~lilated Trees _ ' The majority. of the site is .covered by a loblolly pine woods (see aerial ' ..photograph) with the majority of trees in excess of 12 inches in diameter. Several. existing residential .lots are located within -the current project boundary. Several large. oak trees are located around the old. home sites an these lots. Every .effort will be made- during grading operations to preserve as many of the oaks and other .large hardwoods as possible. However, removal of trees will be necessary to facilitate the shopping center layout. The final planting .plan. for Seagate Village will include existing trees where possible, and new trees to the requirements ~ and specifications of the County zoning .ordinance. ~~ ' Traffic The most current traffic-counts for Oleander. Drive and Greenville Loop ~ ~. -Road were performed by NCDOT in 1993.. The average daily traffic for each of .these roads at their intersection is as follows:. Oleander Drive ~ +~ 24,100 Vehicles%Day Greenville Loop Road 9.,400 Vehicles/Day 4 805 N. THIRD STREET I P.O. DRAWER 2087 I WILMINGTON, NORTN CAROLINA. 28402 I 910-763-0141. FAX 91.0-763-4186 C~~~`L~t~I, ~'~/voti Oese~z / CONSULTING ENGINEERS. Mr. Pete Avery Re: Supplemental Information for Rezoning Request Seagate Village Shopping Center November 30, 1995 Page 2 According to the publication 7~-i,a Generation, 5th Edition by the Institute of Transportation Engineers, a 100,000 s.f. shopping center could be expected to` generate the following number of average vehicle trip ends as shown in Table 1 below: ~hoppu~ tenter Yetttcic't'rig Lxener8.tsan ~,xciurizng (.:~ristmas ~esso~s ." : ... ; Vehicle ~~P Ends (Tzvo, ~?"ay ~"ol~ne) <. V ;.; ~ndepenc€~nt V arable • _,1,440 Square Feed dross ~esable Ai-e.~ ' 1,000 Average. A.M. Peak Hr. P:b1. Peak Hr. Average • , - Saturday ~ • S.F. Weekday (One Hour . (One Hour : • , Saturday Peak GLA Vehicle Between Between Vehicle Hour of the Z`rip Ends 7 and 9 A1VL) 4 and 6 P.M.) Z`rip Ends Generator Rate Vol. Rate Vol. .Rate Vol. Rate Vol: ..Rate ~ Vol. 100. 70.67. 7,067 1:62; 162 :' 6:56. S56 91.46 9,146 8:90 ~~ 890 in summary, the following numbers of vehicles trip ends could be' expected to result from the `development of a 100,000 s.f shopping center: ~ ' _.. ~ . Average Weekday 7,067 VTE Average Saturday • 9,146 VTE • .+... .. v _, . The majority of these trips would enter thesite from the Oleander Drive entrance. The main proposed anchor for this development is a grocery store: -The two closest grocery .stores to this site currently are located at Landfall and along the College Road corridor. The location of a grocery store closer to the existing residential areas surrounding. this ~ site should result in a significant reduction in current vehicle trips ends to these areas;: thus- reducing-the current volunme of tra$`ic on Oleander Drive, College Road, and Military Cutoff Road to .these two ~S~inations. ~~~ `J ? J "'~ sr . ~ - ~~ ~~ r ~c ,. State of North Carolina Department of Environment, Health, and Natural Resources Wilmin~on Regional Office ~ ; ~~ James B. Hunt, Jr. DIVISION OF ENVIRONI~IEi\1TAL NIAI~JAGEi~IEN'T ? ~ Jonathan B.' Howes Governor WATER QUALITY $ECTIO~t - -Secretary . December 15, 1995 Mr. Pete Avery . ~ ~ - New Hanover County Planping Department 320 Chestnut Street Wilmuigton, North Carolina 28401 Subject: DEVi I COiVL«NTS Seagate Village Shopping Center New Hanover County Dear Pete: The Wilmington Regional Office received your request for comments concerning Seagate Village Shopping Center on December 13, 1995. Based on a cursory review of the plan only, and pending a complete Stormwater Management Permit Application, this project may be able to meet the State's requirements for High Density with Detention Ponds and Infiltration. The' followins items should be addressed in the permit application: 1. Completed permit application and appropriate fee. 2. Built-upon area calculations 3. Two sets of plans. -- -- 4. Signed Operation and Maintenance Plan. 5. Detention ponds are not allowed to be constructed in wetlands, however, changes in the regulations do allow alternative designs, .such as using natural wetlands for treatment of stormwater rather than allowing the development to dry up a functioning wetland. These criteria are described in NCAC 2H.1000, revised September 1, 1995. 6. The outparcels must have a deed restriction recorded which indicates the amount ~of impervious area that the recharge pipes were designed to handle, and restricts development to this amount. Additionally, the outparcel must duect all impervious areas into the system. 44~ 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ~ Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ' ~, ~' ~ ~ . ~ , Mr. Avery ~'' - .December 15, .1995. .. Seajate Village Shopping Center 6: =The impact of this development on -the surrounding area and to downstream areas is not, ~~'. reviewed b this Office. The design ens' Y D bu~eer takes on the responsibility of ensuring that the project's design meets. Local codes and ordinances. The county has no stormwater ~; requirements outside of the conservation areas, therefore the State's stormwater rules will . be the only, stormwater requirements for this property. The State's rules are designed for water quality, not flood control, so the design en;ineer takes on the added responsibility of ~~ making sure the proposed system will not. flood in response to a particular design storm, generally accepted as the 10 year storm. Please remind the owner that a complete Stormwater Management Permit Pllication must be received by this .Office at the time of the Erosion Control Submittal, prior to the initiation of construction. The comments given here do not constitute acknowledgement of any such submittal. If you have any `~ questions, please call me at 395-3900. . Sincerely, ~~ ~.~ ~ ~. .,~` Linda Lewis . Environmental Engineer ~~ p ~~ DA/arl: S:\`VQSISTORNIWAT\COMMEivTS\SEAGATE.DEC cc: Iohn Ryder, P.E., Century/von Oesen . ~ Linda Lewis ~~ ~ ~ ' ~. ~' ~ ~ ~ 45 ~~.~.~N~Y,:. MEMO . _, ~ , December,ll, 1995 ,; , , T0: Pete Avery Planning ,. FROM: .Jim Craig _ . .: Engineeri RE: Site P1 at Oleander Drive and Greenville Loop Road Layout of drainage looks good. Would need to know detention conditions (calculations) required {employed) to know the exact impact. The~•quality of'~.discharge will be regulated by the State. However, the pipe under Greenville Loop Road is the controlling factor for downstream properties. There will be a minimum drainage impact on adjacent properties, most will benefit up to . the design storm, assuming no fill is used along property line or near them and existing drainage is designed around or improved . . ,_ . _ . JC/aj 46 NEW NANO VER COUNTY •- 71~TT~T? (lL'~T(''~ ;:. . ~: ~, Regular Item #: 7B Consent Item #: Additional Item #: - Department: Planning Presenter: D. Hayes, Page Count In Agenda Package: 4 Contact:. Pete Avery ~~ _ SUBJECT: Special Use Permit (5-393; 4/96) , BRIEF SUMMARY: - Request by GTE Mobilenet to construct a 150 foot cellular communication monopole tower and support building at 5519 Carolina Beach Road: The land is zoned B-?.Business. ~' ' . RECOIVIMENDED'MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval with conditions. ,.. '. 4 FUNDING SOURCE:. _ Federal S: State S: County S: User Fees S: Other S: . Money Is In Current Budget: lYew Appropriation Request: Budget Amendment Prepared: REVIEW ED BY - - LGL: FIN: Btn: HR: COUNTY MANAGER'S COMMENTS'AND RECOMMENDATIONS• ' ... COUNTY C4M~~~1~3 APPROVEd C1''.~- .. REJECT~~ ~~ `~,' ~ , ~. REMOVI~t~ ~E'~' .~.; t . ., 47 POSTPQN~ . DAT~ - _ a .~i 6. ,... '" /~ ~ ~~ 6 M-- a er to Officc Vision Bulletin Board for Disposition ~~pt~i~~ Bcl, item B S-393, 4/96: Request to Construct, a Communications Tower (Monopole) at ~~19 Carolina _ Beach .Road •., .....APPLICANT: GTE 1Vlobitnet - -~ ~ "~ ~- - ~- Note: The County recently revised its zoning laws to require that communications towe'r's locating in commercial districts obtain a special use permit. This is the first application filed under the new rules. ~ . _ ,. . Planning Board Summary The Board voted 6 to 0 to recommend approval• of the tower with the following conditions: - that the tower be constructed to federal safety standards concerning wind loading. - that two off-street parking spaces be provided. - that the tower be designed to accommodate collocation. These conditions were a result of general Board discussion concerning tower safety, maintenance, and collocation .opportunities. There was no opposition.. ~,. , Preliminary Staff Findings ~ ~ • 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site requires no water and sewer services. B. The site has direct access to Carolina Beach Road. C. The site is located in the Myrtle Grove VFD District. 2:.The Board must find that the use meets all required conditions and specifications of the• Zoning Ordinance. ~ _ A Communication towers and related structures are permitted by special use permit in the B-3 Business District. The property is zoned ~B-2. ~. B. Except for general setbacks, the Ordinance does notimpose any special setback measures.- C. The site plan depicts one off-street parking space that will be provided. Zoning Enforcement •~ ~ - • has routinely required-that these facilities provide for off-street parking. _ 3. The Board must find that the use will not substantially injure the value, of adjoining or . abutting property or that the use is a public necessity. ' A. The site and surrounding properties are zoned B-2 Highway Business, which permits a wide range of retail uses, commercial services, offices, warehousmg~ and~relateC uses~x ~~;~-Y 5 ^ -~~•``7~y • Y ~i7 TS ~kf 6Y ,+ ~fi l~~~ C,'1F~ 1„ e .. ti ~~xf~ li~h'+i 4. The Board must find that the location and character of the use iif}developed~according to e{~lnn as submitted and approved will be in harmony with the area in~wh~ch~;it ~s~to be (~ ', - ` ; _ <~ .- _ -~~ "~b~~~ ~' ~ ' ~' located and in eneral conformi with Ian of develo ment for New Hanover Coun '' g ty P P ty ' A. There is a wide range of commercial land uses in the area. A large shopping center is located to the east. Other uses located nearby include:. fast. food, dry cleaning, banking, fuel sales facilities, and miscellaneous retail. B. An existing communications tower is located across the, highway to the northwest. ' Concerns: .. -The applicant'should~ explain if the tower is constructed to ensure controlled collapse, and if not; how would the tower behave if it were to fall? -Can the ,owner collocate on an existing facility.' Require the tower to be outfitted to accommodate collocation by other vendors. - -Can a tower less than 150 feet be utilized? ' ' ~~ .~ _._ .. _ .. . . . . ..; ;~ ,~ . ~. ~. .~; ,.. _ ~ . _. ~ _ ~ .. 49~ ~_ . . Petition Number: `~ ~ ~ ~" '~ ~ ~' Owner: _i.arr~~_C'eok Request• Communications tower Tax ID Number: .7.6,10. a Representative: - . ~TF Mc~h; 1•nPt Acreage: . 59. a :Location: SS 19 CArolina .Beach Rd. ~. ~ .. _ LAND USE, ZONING, UTILITIES -and SERVICES Land Classification: Resource Protecti nn Existing Land Use: q.rP~nhn„SA (retai 1 1 Zoning$istory: ~' area originally zoned Aori1 7, 1974 Watcr Typ~c: NSA Scwcr Type• N/A U Fire District• Myrtle Grove VFD Rccresition: n~-Yr,.•*h~+a~ RoadAcccss: C'~rn1Tn~ Rr-h pia Volumc: 22,800 ADT (1995) School District: Bellamy _ MISCELLANEOUS PHYSICAL CHARACTERISTICS L Prime Agricµlturxl SoiLz: .None Building Suitability: _ Feca limits Watershed andWater Quality Classificntion• Mot+-G ~rAOU r {~T.,) Aquifer Recharge Area: Primary Area Conservation Resources: ~ None $istoric Landmarks and Archeological Sites: N~^° - ~~j it Type(s) and Class: Primarily Kureb, Class "' ptic Tank Suitability: Suitable J What You Must Establish For A Special Use Permit a } Authority to grant a Special Use Permit is contained in the Zoning,Ordinance, pursuant to section 71. The Zoning Ordinance. imposes the following'General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) ' General Requirement #1 The Board must find "that the use will not materially endanger the' public health or safety if located where pro- posed and developed according to the plan as submitted and approved." S!aleme~~! by Applicant: ~ . . Proposed project will have no significant impact on traffic as only a minimal number of maintenance visits will occur. Curb cuts -NIA. Only electrical power and telephone service • will be necessary. A minimal amount of grading is necessary for the site. ~ ' '' General Requirement #2 The Board must -find "that the use meets all required conditions and specifications" of the Zoning'Drdinance:" Stareme~r! by ~PPlicanf: Site development meets all requirements of New Hanover County Zoning Ordinance for B-2 Highway Business District (Article V, Section 55 and 't'able of Permitted Uses" Article V, Section 50), GencraLRcquircmcnt #3 The Board must find "that, the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." , Statement by Applicauf: ' GTE Mobilnet of Wilmington II is operating as a ublic utilit underCertifcate of Public P Y Convenience and Necessity'(see attached copy of Certificate). Gcncrnl Rcquircment fro . The Board must find "that the location and.character of the use if developed according to the plan as submitted and approved will fie in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." Srafcnrercf byApplicarrl: ' All adjacent property is developedas commercial/business. Project involves the installation of a communications facility with tower which is a permitted use in the' B-2 district, but requires a Speciat Use Permit. 'The Zonin Ordinance in S some instances; also imposes additional specific requirements on the use requested by tl:_ applicant. The applicant should be prepared to demonstrate that the proposed ucc wilt comply with each specific requirement found in section 72~ (as applicable). HeJShe should also demonstrate that the land.' - will be used iri 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 certifythat all of the information resented in this a lication is accurate to the P Pp best of my I:nowledge, mforma- tion, and belief. ,~ 51 - ~~ .Signature of Applican and/or Owner , O U o O C ~, C L ~ _ i , ~~ W C f ~. C jl, p~ d d ~. ' ~ L O ~ O O ca ~ .v~aIIi~~dd ~ C ~ _ ~ Y ` ~ ~ U ~ = c6 c9 JQl !^ V = >,•o ~ m ~ a d ice! VJ n. Ym~~~S a> a~ \ ~r Q oOZOaoo ~U~UI~C9C9 (,(~ ,~. ` i~ Ur Q m U O W n ~ a~ i ~ - ~ ~`° ~ - m ~~. c~ ~ -- - - -- _ . - ___ .. - - - - - _, - , __._.O_ _. __... ---- - _~. _._ , ~~~ C63 ~ , om ~~ .~ ~-__.~ ,Ho gad J . ^ C ,~ /, _ ~ I . . ~ N, "1 i4~ ~~ ~Ip~ O P ~. '. ~ ~ ~ rr ~ w // fl~. i e Regular Item #: 7C Consent Item #: Additional Item #: - Department: Plannin; Presenter: D. Hayes . Page Count In Agenda Package: ~ Contact: Pete Avery _ _ - _ , SUBJECT.: _ Special.Use Permit (S-394, 4/96) BRIEF SUMMARY: Request by James Hall to construct a child day care center for:up to 150 children at 6540 Gordon . Road. The land iszoned'I-1 -Light Industrial. ` :~ .~ ~ . . , RECOMMENDED MOTION AND -REQUESTED ACTIONS •The Planning Board recommends approval. al ~ ~ _ . , FUNDING SOURCE' .Federal S:: State S: County S: User Fees S: Other S: 'Money, Is In Current Budget: IYew appropriation Request:, Budget Amendment Prepared: ._ - ,- REViEWED .BY: •.. ., _ , -- LGL:, FIN: EUD: .. HR: COUNTY.MANAGER'S OMMENTS AND RECOMMENDATIONS•~ ~- .. couN~r ~~a~~itc~rs~ ' . ~ APPRQIIED [~' ., . _ ,. REJE~TE~3' . 1~~ . . . ~ • , ~. . REMt~~fft? fl' ~ ~ ' ~ ~ . POS3Ppi 53 DATA _ _ 6 :.. _ .:.__ _ , Refer to Office Vision Bulletin Board for Disposition , (tem C 5-394., 4/96: Request fo Construct a Child Day Center at 6640 Gordon Road _ _. , - _ . . ..... : ~ APPLICANT:.James Hall . _. • Plannin~Board Summary .. The Board voted 4 ta2.to recommend-approval of the application as submitted. The two - members in dissent felt approval of the use would jeopardizz public safety (finding no. 1). They noted that traffic congestion in the area was already unmanageable, especially at peak travel periods, and the development of a day care center would make matters much worse. There was no opposition. Preliminary Staff Findings t, •. L 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and ~, approved. A. The facility will be served by County sewer and community water. B. The site has direct frontage along Gordon Road. ~, 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. Child day care is permitted by special use permit in the I-l Light Industrial.District. -The site is zoned I- l . B. The applicant has submitted a site plan illustrating approximate building size, the building's total service capacity, off-street parking, setbacks, outside play areas and signage. C. The facility would be designed so that children may be dropped off or picked up without having to back into the adjoining road. 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. Adjoining property i5 zoned for industrial uses. Anew elementary school is under. construction across the street. That land is zoned R-S 5. 4. The Board must find that the location and character of the use if aevelo~ped 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. is a wide. range of land uses in the general area. They include: commercial and .. business services, offices, industrial supply, apartments,.an elementary school (under . - .. construction), a county park (under.construction) anal child,day care. Concerns: ~: ~~.,;:;~~; ~ ~~ti~ ~ ;; .+ -Rapid growth in the gen=eral area hascreated severe traffic congestion problems for this +.. stretch of Gordon Road ~W-den,ng the ,road would help, but it is not on the State s ovement list. Add,ngauto,i~obile_,d'ependent land uses will only worsen the problem. ~ :. ~r~~° • Authority to grant a Special Use Permit is contained in.the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant: Under each requirement, the applicant should explain, with:reference to attached plans, where applicable,.how the ..proposed use satisfies these requirements: (Attach additional pages if necessary) ,•General Requirement #1 ~~ ~ . The Board must find "that the use will not materially endanger the public health or safety if located where pro- . posed and developed according to the plan as submitted and approved." Staternerrl by Applicant; C ~/4 D 27/1 ~G~QE C E,v 7 E .e s ~ .V a T G• ~Drf~li E•C ~fi~ ~ . General Requirement ~Z , The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." $tatemerrt by Applicant: . " C ~{ 1 c b ~ kcf G~.E C ~7E 2 S r{- ,Q i= r~ {~ t=~.w ~ T~-cY (:E Genera( Requirement tr3 ' ..The Board must find "that the use will not substantially injure. the value of adjoining or abutting property or that the use is a public necessity." ~ , Statement by Applicant: ~~[ l TO ~Q.S c\ ~Y,v ~ ~ c~ ~ ~ 5 e ~ ~ ~ ~ O ~" ~-~ I l-•~rt ~ Iti V ~u-2 ~.~ ~ ~ o .1. q / ~ D T-o ~~-c `1'S ( 5 Q ~ S/d7ti~E, ~ O H- ~~ S G ~/~5,~' ~ ~~ ~~ I ( .r-.. Gencrai Feggirement °-i The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." . _ Stalemcrrt by Applicant: ~ ~d ~ i s . , I n ~¢.c~ ~ r3~ ~i~r•n S ~ 7`~ ~- ./7 y' ~~`-. i / c 4.t< ~~ .~ .~ ...~,¢--,.-~. ~G/mod / _ The Zoning Ordinance in some instances also im ose a di i p s d tonal speafic requrrements on the use requested by the applicant. The applicant should be .prepared to demonstrate that the proposed use will comply with each speciac requirement found in section 72 '=_, (as applicable).. HelShe'sfiould 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- sinners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. µ - I certiry that all of the information presented in this application is accurate to the best of my knowledge, informa- tion, and.belief. Signat re of Applicant and/or Owner ~~ ,. , ,.vNC A t~: i t...rJ~j' ' CLA1.~O~ALL`"~t?KUrt~T{>=5) t ~ . ~ , + ~x t- FEhiC.E , A'C LEP.ST 4 ~ I .. ~~. FU7UKE. 130~~° EXpa.NSio N . I -. ~ F- ~~! ~ I u 1~~FO~.D ~ G ~j.)iL~INC~ `,ji+L.F=h f~t i ~ Ql L7~ r... ~~ .~~~ B~AL U`,,E_Si6N ~~ {~ Cf'1~LQ~r}~[ L ~ !T r ~ w ~; ` - .. tit +- ~.' S~DEw~~K -~ ~~. .l ~ 1 ~U~.~~~1__I.1._~ ~~ ;. ` ~__.., ,. .. ~I `~' I u1 v j l ... ~ '~ s ~' 54.'15' • _1 ~~ ~ ~ ~~4o coo ~ZDO~ ~o~ p ~~ N e PETITION SUMMARY SHEET Petition Number: 5-394, 4/96 Owner: - Landfall oroDer i ~ Request: Day .care Tax TD Number: 4300 Representative:. ,lames Hall Acreage: • 9 9 Location: ~~nn ~nr~n., pna~ LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Urban transition Existing Land Use: Vacant Zoning History: AYO~ a ~~~,~..h zone a„n,~~+- 18, 1971. J ... ... Watcr T Community Scwcr Type' - County ylx Fire District: Ogden Rccresition: Blair RoadAcccss: f:nrrinn pna~a Volumc: 11,400. ADT (1995) School District: Blair MISCELLANEOUS PHYSICAL CHARACTERISTICS Smith Creek C w Watershed andWater Quality Classification• Aquifer Recharge Area: Primary area Conservation Resources: ~ None Historic Landmarks and Archeological Sitcs: ~ None r ~ ~~~ Soil Type(s) and Class: Murville hiu, Class Tr_ Scptic Tank Suitability: poor suitability ri7 Prime Agricµlturiil Soils: None Building Suitability. _ Limits due to wetness This page intentionally left blank t Regular Item #: 7D Consent Item #: Additional Item ~: Department:. Planning Presenter: D. Hayes Page .Count In Agenda. Package: 6 Contact: Pete .Avery SUBJECT: Special Use Permit (S-395, 4/96) . BRIEF. SUMMARY: Request by Sonya Spencer to establish an in-home child day care service .for up to twelve (12) children at 4609 Middlesex Road in Kin s Grant Subdivi g sion The land is zoned R-10 Residential. . . ~ - RECOMMENDED MOTION AND REQUESTED-ACTIONS' The Planning Board recommends approval. . _~._.~~ .- EUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: lYew Appropriation Request; Budget Amendment Prepared:. REVIEWED BY: LGL: FIN:. BUD:. HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS -° ... COUNTY C4MM~~SiA~i APPR~3VEp ~!~ ; ~ , . ° ~ ~ . REJECTED C] _ __. ~~ REMOVED ~ ~ 9 " . POSTPONEp C J 5 (o.. ~ ~ . DATE:_ Rcfer to Officc Vision Bulletin Boazd for Disposition Item D S-39~, 4/96: Request to Establish an In-home Child Day Care Service at 4609 Middlesex - Road in Kings Grant Subdivision - - - - APPLICANT: Sonya Spencer.. ~ - Planning Board Summary The Board voted 6 to 0 to recommend approval of the application (12 kids maximum) with the following conditions: •. •- that the play area in the-rear yard be enclosed•with a six (6),foot high wooden fence. ;; ~ . - that a circular, drive be-installed to accommodate pick-ups.and drop-offs, and, ~ ~ , - that off-street parking be provided per the Zoning Ordinance. The Board also instructed the applicant to revise her site plan to reflect these changes. There was no opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed' according'to =the plan as submitted and. approved. A. The service will be conducted in an existing dwelling, which is already served by adequate water and sewer. B. The site has direct access to a public street. C. The site is located in the Winter Park VFD District. D. The existing dwelling meets design standards imposed by State day care rules. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. ~ __{ . ~ . , A. Child day care is°permitted by pecial use""permit in residential districts. The~site is zoned R=10 Residential. B. Adequate area is available on the, site to accommodate .off-street parking.. . C. The applicant plans to construct a circular driveway so that drop-offs and pick-ups can, be ; _ "made without bacl:irig into the street.- " ~ - ~ .. "~ ~ -` D. A fenced play area will be provided in the rear yard of the site. ~ '_ • 3. The Board must find-that-the use will-not substantially injure the value of adjoining~or abutting property or that'the use is apublic necessity. ~. ; •' ' ~ - • ~ - ~. - ? . A. The service will be provided in an existing residential structure. No exterior alterations are planned. ,~`~~ B. There are numerou~~m-horne•ch11d daycare operations in the County. No evidence has been r < ~n~ z ~,t~, presented to. suggest than these ope rations diminish property values. ~t71he Board must find t#- ~t the,loc•ttion 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 genera! conformity with plan of development for New Hanover County. A: There are several similar facilities scattered throughout the KingsGrant and, Crestwood neighborhoods. ~ ~ . B. The service will be provided in an existing dwelling, which is similar in style to nearby and adjacent residences: Concerns: -There will be a slight increase in traffic, especially during the morning and afternoon rush hours. -Noise generated during outside play periods should be managed. - The number of children should be limited. ,, ., _ ,. ~ .. ~~ ~ - . 0 _ _ ~ 61. .~ ~ _ ... What You Must Establish For A- Special Use Permit Authority to grant a Special~Use Permit is contained in the Zoning Ordinance, pursuanc,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) ,_ Gcnecal Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where pro- posed and developed according to the plan as submitted and approved." Srafemenf by Applica~rf: General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." Srafemc~rf by Appliean(: General Requirement #3 The Board must find "that the.use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Sfafemenf by Appliearrf: General Requirement #d The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." Srafenrcrrf by Applicant: The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in sectibn'72~ (as applicable). He/She should also demonstrate that the land u~iIl be used in a-manner consistent with the plans and policies of New Hanover County. The Board of Commis- . sionecs may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I ceRify that all of the information presented in this application is accurate to the best of my knowledge, informa- tion, and bell ~2 ~. - w .-~ cwt ignature of Applicant and/or Owner r _ , - - ._ _. ' ~ O ~ ! N . O ~ N U p ~ ~ o ~ _ ~ m ~ m S.o A - . loin ~11~ ~ • e • ~ U N ~.> ~a 41 C - U cn ` m s m a~ o N m~Q p7 .w d ' ~ ~ C v Cn ~ ~ - d ~ ~ 7 N >. . L ' ~ ~ m spy ~ _ Q. •a~ c i W ~ ~ ~ °~ .C Q YO~aJU. Q ~ U . 1 ®/ Q ~7U~L11 ~ ro ~' ~, _ ~~ ®rn ~ .. ~ ~~ o w ~ 'COJ ~ ~ ~ °' / o p li. o t U ~ to C o a' ' ` O SA`~ ~ a~'~a . .. U o ~' m - - a - ® a~ w • ~ P ,, ~ T' ~. . 0 1 3~ i o.~ r ~ ~ • \:~ ~LL ~ ~ o~ ;~c m , ~ ~, ,0 . ._ .-0 ` O O O~ / UJ/~ / / 7~ .fin ff (~j" \. ~1; \~ m 5~v ~~ /I o~~ ~~ d-~ 'yN N O C~ ~ ~ i ~ 9 ~ \ ~ N ~ S~~\ • 1 apV•1 ~ea G~ee~ N°`~r 1 7 0 .. . r t '", F _. i~, ~ .. .. ~ '~ ~ x * i r ~ .. p i a " • - ~-~ ~ ~ ~ ~PET1T10N SUMP119AR-Y SHEET . _.. Petition Number: S-395, •4/96. Owner: __ Sonya Spencer Representative: _ camp Child da care Request: Y Acreage: ~T,iR Taz ID Numb•er:4~216 Location: 4609 Middlesex Rd. a '~ . LAND USE, ZONING, UTILITIES and. SERVICES . • . Land Classification: Urban transition . Residential ~ `~ ~ `~ •. Ezisting Larid Use: Zoning History: area oriainall~ ~~nA,~ T,.l,. ~~ Za~~ Water T Coru-~unit yP~~ Y '`. Scwcr Type. septic winter Park Fire District: Recreation:. Kincrs Grant park . Middlesex Road Unknown Road Access: Volume: Blair School District: ~I MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification'. Smith Creek C (Sw) Aquifer Recharge Area: Transition between Primary and SA .ondar~, ~~ ' Conservation Resources: -None ~ " ,. Historic Landmarks and Archeological Sites: ~ .None ~.., ._ _. •... .. ~Y .. .. -. ~~ ,.. .. _ ... y.. - _ 6~. Type(s) and Class: N /A1 •°dPVP l ~nAd {~' .. L} ~ L Septic Tank Suitability:., ~ N/A; ~ developed .. .: Primt Agricultural Soils: N~sne~ ;: . '. •. ' t Building Suitability: Developed _; _ - Regular Item #: 7E ~ Corisent `Item #: ' ` . Additional Item .#: _, Department: Planning - Presenter: D. Hayes . , .Page Count In Agenda Package: ~ Contact: Pete Avery - SUBJECT.: " Rezoning (Z-459; 9/92; 4/96) ~. - - . , _ . BRIEF SUMMARY: ~ .. . ~' Consideration of establishing Special Highway Overlay District regulations along the Smith Creek „Parkway between North Colle e "Road and Eastwood Road and the removal of those re lations~ g ' along Eastwood Road;west of Racine Drive: .. ~ ' ' ~ _ . ~ ~ ~. RECOMMENDED MOTION AND REQUE STED ACTIONS• . - The Planning Board recommends approval, t ~ ~ " .. ,~ . • . EUNDIN.G SOURCE: , Federal S: ~ Stat S _. . •, e : County S: User Fees S: Other S: . ': Money Is In Curre'nt.Budget: New Appropriation Request:. Budget Amendment Prepared: . REVIEWED BY:., .. ~` . - LGL: ~ FIN:. t ... EUD: - HR:: t _ .. `.COUNTY MANAGER'S COIVIIVIENTS AND RECOMMENDATION . . .. . .. COU~11Y ~MM~I~~#0~ll~tS ~ - ..-, - - - - ~,~~ROVI=t~ c~~ • . . ~ ' REMOVE: O. nosTPo ~ ~ 5 . _ . . " - . N o ~~ • ~7ATE .. . . _. '.iI fa?~ ~,~;~u~is~de met l~b.,r4x`f' S~ Refer to Office VisiortBuiletin Board for Disposition.,~~~~,e~ (J (tern ~ Case: Request: Acreage: Location: Z-459, 9/92; •4/96 Applicant: Planning Staff Realignment of Special Highway Overlay District Eastwood Road West of Racine Drive and Smith Creek Parkway Planning Board Summary The Board voted 6 to 0 to recommend approval of the realignmerif as recommended by Staff, including the removal of the overlay district west of Racine Drive. Discussion focused on the impacts the overlay would have on smaller parcels of land, such as ones with limited depth or narrow widths. Staffadvised that approximately 20% of the 40 plus parcels would be impacted and probably would require a variance for development. No one spoke in opposition. Planning Staff Summarx ~~ The concept of realigning the SHOD boundary to coincide with the Smith Creek Parkway route between Eastwood Road and North College Road surfaced in September 1992. At that time, the Planning Board held a hearing on the matter, but ultimately chose to delay action until the parkway was actually built. Also, in the period since the 1992 hearing, the City of Wilmington announced plans to annex much of the area, including this segment of the parkway.. Due to take effect December 31, 199, the annexation plan was derailed when the action was appealed. Though an initial ruling by the court was in the City's favor, other appeals are expected, which will further delay annexation for an unknown period of time. Due to the uncertainty of the timing of a final resolution to the annexation matter and .because the first segment of the parkway is . ` basically complete, Staff has decided to move forward with the SHOD realignment as conceived in 1992. ~ ` Eastwood Road has long served as a major gateway to the Wrightsville Beach area. Its prominence in that respect lead the County to adopt SHOD regulations in 1986 in hopes. of - ' preserving that gateway. To a great degree; the regulations have been instrumental in limiting•the ill-effects often associated with commercial development. ~ - • ,., Now that the first segment of the parkway is complete, it is clear that the new focus for traffic flow has shifted't©~the:parkwway and+';awayfrom the western end of Eastwood Road. Because of design considerations; that 'seamc',nf~of Eastwood Road will no longer be part of the main traffic flow to the beach. It~has<ba'sically:>bzen~sdowngraded to a local access road for nearby businesses. c ~~ k ~t.:7 A 4~~ ~ b ~€ ~~~commodate the shift ~ ~~.~ I r ~'ecommends the SHOD boundary be extended from Eastwood .,~.n .~ .. .~_. Property Owners for Smith Creek Parkway S.H.O. D. Realignment " 1- Harry Heath ~ 47- Jonathon Williams 2- Vivian Beltz Hoover ~ ~ 48'= ' NCDOT -~ . 3-. Kenneth Murphy ~ ~~49-~'~ NCDOT 4- James Suggs ~ ~ 50= Susar Malpass ~ ' 5- James Suggs 51- NCDOT 6- Lloyd Herring 52- NCDOT 7- C. D. Holder Jr. 53- Robert Walfe 8- Bobby Harrelson 54- Umit Lauer 9- Dale Metcalfe 55- Leesa JAckson 10- Bobby Harrelson 56- Benny Davis 11- NCDOT 57- Thomas Bagamane 12- John Boney 58- Willie James 13- John Boney 59- Carl Fare 14- James Mays 60- Vincent Newton 15- John Munroe 61- Harris McIntyre 16- C. D. Holder 62- Sherry Forrester 17- C. D. Holder 63- Sherry Forrester 18- NCDOT 64- Corning Incorporated 19- Roy Anderson ~ 65- NHCO Tax Administrator 20- Hernert Cooke 66- , Rebecca Coleman 21- Paul Wetsig 67- Maxie Palmer 22- Georgia Munroe 68- L. R. Armstrong., Rebecca Coleman 23- Kaye Jacobs 69- David Spicer 24- Janet Stoutz 70- S. N. McKensie 25- David & Theresa Davis 71- Joan Frank, Gordon Willie 26- Michael Meshaw 72- Joan Frank 27- Richard Lindsey 73- Celester Chavis 28- Forrest Mullins 74- Celester Chavis 29- NCDOT 75- H. P. Laing 30- NCDOT 76- Carolyn Baker 31- Dana Dixon 77- Janice Williams 32- Kimberly Brown 78- Willie Eaddy 33= Quyet Dang, Giang Kim 79- James Shaw 34- Joseph Hou 80- Leonard Quick 35- Charles & Elizabeth Parker 81- Nettie McClain 36- Forrest .Mullins 82- David Jones 37- Tod & Ruth Dean 83- Hallmark Industries 38- Arthor Wilkinson 84- Cora Lee Cavis 39- Joseph Hughes ~ 85- Alice Dixon 40- W. B. Allnut 86- J. H. Ligon 41- Christopher Henderson 87- Peter Davis 42- Richard McNeill 88- NCDOT 43- Frank Kosh 89- Jerry Porter Association 44- F;~~rd McNeill 90- J. H. Ligon 45- Kea Robinson 91- GSF&J Properties 46- NCDOT 92- Linda Gore ., ,~~ . _, ~. . 93- Irving Hewlett • 94- Hewlett Construction Company - ~ . 95- ~ Richard Blancher ~ 96- . Kenneth Grady ,. ~ 97- , Jay ;Hersey • . 98- - ;loseph Nemargut 99- William Landen ~ 100- Cape'Fear Toyota _. ' 101- NHCO Water & Sewer . 102- Margaret Martin ~ - ..~ ~ ~ . , 1Q3- 'Superior Machine Shop _ 104- -Fart Jackson ' 1,05- .. Clyde Futch~ . 106- p _. - Clyde Futch . 1,07- . .. , ~ George .Simpson 108- Joseph Taylor : - . ..109- - Irving Dowless 110-, .: , Dalton. Martin ' e 111,- , . Irving Dowless Trust ~. ~ -. ....112- • .Lottie. Martin , . 1.13- E11a Mae Jenkins - 114-. Lee Dowless ~ - - - ' 1.15- ~~Iliam~ Warren ~. . 11.6- 11.7- ; Raymoh'd `Fowler . :William .:Warren ~ . ~ . k :118- Chadboum 1=arriss.~ ~ ~ ' 119- ' Wade_Stevens _ ._ 120- WadeStevens _ ~ ~' . 121- Lottie Martine 122=.. William Howard .. .. t. 123,-.: ,Joseph Nematgut. 124.- Herbert Weston 12'5= Henry Miller 126- -. - Henry Miller . 127- . 128- .Larry's Investments Charles Braun . __ ' ~~ - ~ .. 69 ., _ - . . . 70 r r , • ,. ~ - 4 ' .T - ~ 1 ~ ~ ` ~, '.y . r ,. ' ' ., f ~; 1 .. .. F . . 6 a ' Rezoning (Z-564, 4/96) T BRIEF .SUMMARY: " ;~ Request by Earl ~ Worsley. to redesignate 1.37 acres at 1204 Culbreth Dr. in Landfall Center to Planned Development Commercial from Planned Development Office and Institution. Q - ~ . ,. . . ~, r _. .:. . , ~ ~ RECOMMENDED MOTION AND REQUESTED ACTIONS: _ ` ' ~ ` , , " The Pla nning Board recommends .approval. •' , ` _ . ` ,. _ •. Q F ~ e 1 " ,. ' FUNDING.SOURCE: ' ~ ~ _ " ._ D Federal S: ~ State S: County S: i User Fees S: Other S: I Money Is In Current Budget: . . Flew Appropriation Request: Budget Amendment Prepared: ' .. .. - ,REVIEWED BY: ~ .. . LGL: FIN: EUD: Hl~: . .COUNTY MANAGER'S COMMENTS AN - . D RECOMMENDATIONS ~ .. . .. couNn ~~~ . APPRI~VEl~ ~ ~~, _. . . 'REJECTED ,p ~~ REMQ~/E©~ G~ ~ ~ ' TP 7 P D ON~ 4S R b ~, " G _. ._, DATE _.~ ~_ Refer to Officc Vision Bullct .. ~ _... in Boazd for Disposition 1 r~ludhqq ~~~~ ~ C=~ L1 Item F Case: X564, 4/96 Applicant: Earl ~Vorsfey ... ., - Request PD Office and Institution to PD CommerciaC ~ `- - Acreage: 1.37 ~ . .. .- Location: 1204 Culbreth Drive at Landfall Center Planning Board Summary - .. ; :. The Board voted 6 to 0 to .recommend approval of the application and to include the adjacent property to the south identified as "G" on the attached map. The Board 'noted that adjacent'tises were either developed with commercial uses or zoned for commercial activity. They agreed with Staff on the idea to consolidate commercial uses, thus parcel G was included. The Board advised Staff to notify the owner of parcel G. There was no opposition. Plannin~Staff SttmmarX Since the original approval of the Landfall Planned Development District in 1984, there have been numerous revisions to the master plan., .These include:.conversion to commercial uses, conversion to office uses, annexation of adjoining lands, removal of special highway overlay district - requirements, and revisions to the PD District boundary. ` ' The current request seeks to convert property designated for office use to commercial use. A similar conversion approved for adjacent property culminated in the construction of the Wilsons grocery store. A shopping center with multiple outparcels is located to the south across Drysdale Drive and a major expansion of that facility is now underway. Land to the east has been developed with up-scale offices uses. Land to the immediate northwest, which is outside the - planned development district boundary, was rezoned to B-1 in June 1995. Part of that.tract has also been developed for office uses.- - Except for the up-scale office uses to the east and the smaller complex to the northwest, most x nearby land uses consist of retail services'. Given that pattern of development,;it is hard to ~° ~- - - imagine that converting the subject parcel to commercial would have a, significant'impact on' existing uses, especially since it adjoins the back portion of commercial property along Military • Cut-oft- .. ` Staff recommends approval, including the area marked "G" owned by Boney Wilson ~arid Sons. This would consolidate commercial uses'~west of Culbreth Drive.~ - ~ - ' - -' - -~ - (NOTE: The property°would^~st~fl>be sub~ect~to~Special Highway Overlay District regulations, which in this instance would further°~le's'se'"nsinpacts that the com•ersion might create.) S ! t3 F lf` 1~ .~ - ~~- , W~IAT YOU IV~UST ESTABLISH TO -GET A CHANGE OF ZONING OF PROPERTY i our intended use of property upon rezoning is completely irrelevant, except for conditional use 'istrict proposals. The North Carolina General Statutes require that zoning regulations shall be made ;r accordance with a comprehensive plan. Since amendments to zoning maps should also be based on .Land Use Plan, you must explain in the space below how your request satisfies each of the follow- a~ requirements. How would the requested.cGangc be consistent .with the Cowuy's Policies for Growth and _ ~ ". Dcvclopmcnt? Requested change would be consistent with.adjo"ininq zoning classifications of ' PD-C b. B-1. Adjacent sites are improved or Will be improved as retail. 1F'7~SE•.~~y ~ lc~~•~•~E-2c.;n\ ShuQFi~t~ rvC~= I'~~-/~Z- ~L'F F>4~•t4~bu2~ca A ! t (ice trr~L~c' - .. Mow would the requested zoirc ch5nge'be consistent withihe property's classil"icatiori of the Land 'i~ ~ ` ClassiCicatiotr hfap? Property is located adjacent to a PD-Commercial and 13-1 classification. Also, property located within a t~aaai-~.-ier+-e~sss-rfitnt-ron of the County's Land-Use .Plan. _ ~k•JRS= 1~~"@=c.kau.v.alc.S::Fc..tiw.._ _ til._. _ ._. ,, ottlu..-i'. C....i-~-tE.~tc.:nl ~~ =lc.Qaa~F' P ~t..~<<:~ `-~~y~l•, ~t E (21=Sc; ~• ~-Y. ~7^.:~ ~:Fi c, ~ ~ A ~ ,., n ~l r_ , 1 ~ V t~/~ ~s _ Aft ~''-,t~`~~.a, .d~~.~P~ u~i~ A':.'/„LO~lEZ.-t U.,1~Ft=+1' ';,% _ -, .,^ ``~~c-"_.,~ :N..c~;c ~0 4 5 rro ~ (~b~l E.1slt.1 ~"s~-} .. _ ": - . -What significant neighborhood changes have occurred to make lire original zoning inappropriate, or liow is the land involved unsuitable for the uses permitted under, the existing zoiringl ~ ~ , Commercial development has occurred adjacent to the property. Adjoining property has been rezoned from t'}E:I to D-1. Land suitable for commercial development in form of retail or office use. ~. ,. ;; 1 $I~nUrg this petition, T understand that the existing zoning map is presumed to be correct and that I ;tve the burden of proving why a change,is,in.tlrc:public interest. I`further understand that the sin- Ling out of one parcel of land for special zoning treatment unrclatcd to County politics and the ,rroundirtg neighborhood would probably be illegal: I certify that alt the information presented in ;is application is accurate [o the best of my' knowledge, iirfoniiation, and belief. - . ._ .. . 74 _-_ _ .. Signawrc. of_Periti_ "rer , iid/or Owner • . _ I:.. . ., ~ ` ' ~~• `~ ~ i i ~ Cap .~ ~, / / ~ \~ j ~ / .~. ~ ~ ~ ~~/ ~ / / /~~ ~ / T~ . / % ~ ~ ~d i ~ Qo° ~> ..a ~` ~~ `` ~i QUO ~~ ' `` ~ ~ ~~,, ~~~ ~ ````~`~ ,`QaMUOW~oJ _ _ _ `` ~. ~ m~ J~.. ``Q~Olllllllllrr~ ~~°. ~ •s C7 `~~ - ~ ve `-~'-` ~ • ~ ~ ~ (p N ``` ~ Millta . Cuter `~~. ' . .`` '0 ~~~ ~ ~~.~`i~inun nnnnumm~ C ```````~~ 11111111IIII111111111 ~ • I .. ```~~ ~O ~ . -; ``~``~ .~~w`~ ~~ .^ ~ ~?imoc~WD . Z~.1` o ~'m N ~ D G7 . ~ w rn cn m N -I ~ ~ n n ~ ~ . m n m Qo ffi v ~ ~ ~ ~ 1 ,' o ~~ ~~ o ~ ~ . ~ , V, r n . I , _ f , .. ~unelrlnrr-rnnrr,runnnnrrrnlnulrrnlulnnru • `ia/ .Highway pVeNayDistrict IllI111111111N w ~ , D W ~ ., `-~ ~ ~ ' _ N T 1111111 1111!1 ~ ml !111111111!1 111111 11111(IIIIIIIIII /-~ . ' . • ,y ~ -°~P . am -~ . ®~ ~ . -/ ~ V ~ ~ . ~fra2 a 2 ~o' O . . ~epey ki '~S ~ ~ ~' N rv ;.: ~ A -~ ~ o ~~ m ~, , ~ ~ r N -~ ~ ~ ! ~ ~ ? °~ _ Z - ' c ~ ' D v ~ rt ~ yy 0 .. ~ .. ~O ~a\~. ~~. _ ~o _~. erra~ 2d~o ~~ coo rn . O ~ ~ . /v/ rn .. ' o - - ~ ~ ~ ~ ~ C ~~ m ti 7 ~ m :~ ,. ' ~;,. .. t •~. .; ~.. i .. r r .. ` 1 1 1 1 1 1 1 1 A 1 1 1 1 1 A 1 0 ' r 1 ~ l _ REQUEST FOR BOARD ACTION _. ~ _ _ - Meeting Date: 05/06/96 Regular Item.#: 7G Consent Item #: ~ Additional Item#: Department: Planning. Presenter: D. Hayes .Page Count In Agenda Package: 4 Contact: Pete Avery SUBJECT: Rezoriing (Z-565, 3/96) BRIEF SUMMARY: Request by David Sweyer to rezone :54 acre at 1638 Military Cutoff to Off ce and Institution from R-1 ~ Residential.. RECOMIVIENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. r uivliiiv~, ~vuxL~;:~ Federal S: State S: Money Is In Current ;Budget: Budget Amendment Prepared: County S: User Fees. S: Other S: I~1ew Appropriation Request: REVIEWED BY: LGL: FIN:. BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COt3NTY t~MNf1~I4N~RS . ApP#tQV~~? ~~ . R~EC'~~D t~; . REMOY~© t7 POSTP+tiNED .7 DATE _ - ~ . C~ _~ (c_ ~~ Refcr to Office Vision Bulletin Board for Disposition Item G Case: Z-~6~, 4/96 Applicant: David Sweyer Request R-i~ to O-I Acreage: .54 Location: 1638 Military Cut-off Planning Board SummarX With little discussion, the Board voted 6 to O~to recommend approval of the rezoning as submitted. The Board noted that the widening of Military Cut-off, which is nearing completion, and the recent. development changes in the area had made the subject properties less desirable for residential uses. They also agreed that the change would be consistent with the Land Use Plan for siting office and institution uses. No one spoke in opposition Planning Staff SummarX The adjacent property, consisting of 1.22 acres, was rezoned to Office and Institution in May 1994. Since that action, an office building has been developed on the site. In approving the rezoning for that property, the County determined that declining interest in lower density residential uses in the area had made development under R-15 Zoning improbable.. High density development opportunities were also considered, however, the site's relatively small size sharply restrained those options. It also determined that the widening of Military Cut-offto five lanes and related improvements, and the emerging non-residential development pattern to the north undermined residential expansion. The circumstances for the property in the subject petition are nearly identical--single-family residential interest has declined, high density is restricted by the size of the tract, the widening of Military Cut-off is not far from completion, and non-residential activities continue to creep . southward.... ..... .. __. _ . _. ' O-I Zoning offers a chance to establish a range of transitional land uses that are less obtrusive to adjoining residential uses to the west but more compatible with the non-residential activity and traffic congestion associated with Military Cut-off. •This would be compounded fiirther with the realignment of the Wrightsville Avenue intersection directly opposite the property. Also, 0-I is an attractive alternative because setback and buffer standards that are required are similar to that of commercial districts but at the same time retains a residential option. Moreover, the O-I District imposes sharp limits on principal use signs, and .other measures., Staff recommends approval l r ~~:~. ~ c~ ~,'~'t 76 ~~ ~t~~~'~~r~~ t 1 e e e 1 1 1 A 1 a PETITION SUMMARY SHEET Petition Number: Z-565, 4/96 Owner: David & Polly Sweyer Request: R-15 to O-I Tax ID Number: 5 616 Representative: Same Acre.age:~~3, ~ s a ~r ~t I,ocation• _ 1638 Military Cutoff LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Urban transition EYisting Land Use: ~Vecant Zoning History: Area oricrinally zonPr7 no~Amh°r' i 5~~ i Q~g Adjacent site zoned O-I 5/94. . Community Watcr Typc: _ Fire District:.. Seagate Road Accas:_-_htilitary Cutoff School District: College Park Scwcr Type• County Recreation: ~Jricrhtsville Beach Volume: ~R-~~~ ~nT f19gSl MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Glassificaton• Bradley Creek .C (Sw) Aquifer Recharge Area: Outside Primary and Sar-nnr~arr, Aroa~' None Conservation Resources:. .Historic Landmarks and Archcologicsd Sites: None Soil Type(s) and Class: Primarily Leon {Le) Septic Tank Suitability: Poor suitability (Cotin~~r ~A,.,o,- avail ) Prime Agricultural Soils: None Building Suitability: _ Some 1 i mi ~ c~i,P to ~•~a~-^~ss WHAT YOU MIDST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The !North Carolina General Statutes require that zoning regulations shall be made ' in accordance with a comprehensive plan. Since 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 requiremerits. 1. How would the requested change be consistent with the County's Policies for Grotiirth and . Develop/m~[ent~? ~- ~ ~- .J ~I.C,[~ (,~/~1t ,CA L'Yl~ G~K- C.(.JL-C~-ct/YL. ~/~~.GZ/>L~LC.t_Ci d"'JLC~ CAL!`, ~ ~r.~.r-L~~c~ iZ~ :tdl o-/~cA. d ,~~.~~ .era-:cam" ,~1a7C1.Q..c~_ ~ ~ ~ Q.D G~!L~c~-1.~ iG~~pt"~~- ~ ~G~~~..~~~ii-c.~`t,~Ld-2- . .~ ~-~" o c~ /t-Y,-u~7_c,~-c-~. ~ Gay I""`""`` Z`- ,,~G.~~ ~ ~ ~ y~- 2. How would the requested zone change be consistent with the pro'perty's classification on the Land Classificat~io~n IVfap? 3. What 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? , /~ / n / /' -J/~ /lCLt~c.~1.2t.c~ G.~ .C'-~-cir~t~ Lac-X/.~Cairc~LK~c ~Q-e Sy~~. /I..o-tr-~. .,c?~ ~ mu~ ~i-<-c.~C..h.t~-t..a~~. ~lc~L~'-c.<.c~.c.. C1C~. czhti-~.,.~t~-~-rte GL.~?--c,~.~~.C~,y~ (./~f.~~c.LG~i1cc~~-~ ~'~Z~2-G'~p ~2~x-~-=1 O In signing this petition, I understand that the existing zoning mao is presumed to be correct and that I leave the burden of proving why a change is in~che public interest. I further understand that the sin- ~fing out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify chat ail the information presented in this application is accurate to the best of my knowledge, information, and belief. 78 Signature of Petitioner and/or Owner t: - _ - - -- - - --- ----- ~ ~ - ~. r J.--- . .~ __ ~ ~ .. /,/~~. ~ . ~, , `+ .:~ _ ~~ ~ ~,1 ~ ~ -: % o° ,. -~ ~ ~~ ~~ ~ O eh, m . I o ~ie~ ns pi I Fleas ~R~a ~a a°e `~ / / i ou \ \ i / ~ ~~ ~ ;~ ~ ~ ~ ~. ~\ i Rip ~' ~,, ~. ~ ~ i ~ e give ~° ' ~c ~ ~ ~ ~ ~ '~ ~ / i C ~ / , ' 2C J ' Oleander Drive m~ n ~ V D '_ ~~ \ \ \ n ~ .~ -_ - .~ ~t `y' ~~ O Qi0 G l ~ ~~* ~ O .. ~ . D ``~ :~ ~~~ ~ ~,.~ o s ~ 2C 1 T ~~ z 3 `per N O ``~ ~ Z ~ ~~~ ~ ~ " `~O~ ~mpc~wD ~ •~ -, ~ ~ _ ~~ ~ O ,'. ~ 1 ~v' ~ v' ~ r ~ N (D fit` - \~ "```~~ ~ ' I / ~ - o ,. -' t ... t ~. REQUEST FOR BOARD ACTION Meeting Date: 0/06/96 Regular Item #: 8 Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 14 Contact: Pete Avery SUBJECT: River Forest Subdivision BRIEF SUMMARY: .River Forest, a performance development subdivision was approved by the Technical Review Committee on March 27, 1996. One of the routes for the planned Wilmington Bypass is projected to pass through this site; nevertheless, the committee did not require the developer to reserve that right-of--way to accommodate the road. - RECOMMENDED .MOTION AND REQUESTED ACTIONS: Commissioners are requested to determine if a reservation should be required or accept the approval of the TRC. Ti'TTNTITN~_ Cl1TTT?f`Ti'• 'll - .V 1 ~ L 11 ~ V V V V 1 \ ti a V • ~ ' ~ Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY:' ~ ~` r '~ - y. LGL: FIN.. BUD. ~ HR. r(1T1NTV MANA(_RR'.C f'(1MMFNT.C ANiI RF(`(INTMFNT1ATTf1NC•. . . vV t-1'f 1'~ .. __~-- R£Mt~11~Q Cl pt?S~'~'gN~ DATE ....~ _ ~- ~ ~~ 7 9 . ~~~, %U`u~rj- pl~:ce w Jrr.;n.q Ye: Cvn.s~c ~y+ ~/~/'~ Refer to Off cc vision Bulletin Board for Di;position fJYt Ufa .~ ~ 7~/"Ope ~%~ ,. TO: Board of County Commissioners Allen O'Neal FROM: Dexter Hayes, Planning Director RE DATE: Subdivision Approval of River Forest and the I~Torthern Outer Loop April 3, 1996 At the Planning Board's Technical Review Committee meeting of March 27, a preliminary site plan submitted by Hanover Design representing Adger Wilson vas approved for 89 lots. This project is known as River Forest and is located at the western terminus of Rockhill road in Castle Hayee. This subdivision falls within the.right-of--way of the newly proposed "center" alternative which is being considered by NCDOT in a supplemental EIS. The t~.vo alternatives for the i~Torthern Outer Loop are displayed on the attached map. Section 66 of the County's Subdivision Ordinance allows the County Planning Board or the county Commissioners to require. the developer to reserve the necessary right-of--way for a thoroughfare for a period of time not to exceed ttivelve months. The purpose of the reservation is to allow a reasonable time for the State to purchase such rights-of-`vay prior to the construction of any homes or buildings on the property. The Planning Board's Technical Review committee approved the subdivision without imposing the reservation requirement. However, a disclosure statement about the proposed thoroughfare will be placed on the map when it is recorded. The purpose~of this memo is to alert you o£~the Planning Board's.action in order for you to have the opportunity to review the site plan and the Planning Board's decision. heir. Wilson's current plans are to proceed with his project without the reservation requirement.since:iti`CDOT will probably not render a decision on the road corridor until September, 1996 or later. _ If the Commissio_ nets desire to review the subdivision approval, please let us know so-that eve can place it on your next agenda. If you have any questions regarding the proposed project or the i~Torthern~0uter Loop, we will be happy to discuss them with you. _ ' Er.cl. Map cc: Dave W~eav`e~r~ RAs~s~o Manage . Jim Cook, DOT Wanda Coplzy,~Co~unyAt'~ orney` Adger Wilson ~-~ ~, Wesley Nixon, TRC C~ha~rman~ ' Hanover Design ~'~~~~`. 80 ~~.~~ ~~ , . ~ - ., M A t v ~ .. o - ,. `I !~ ~, ~ ~ f ~ ' ` , e ., ° ~ t u ~ . ~ Yi .. i' i ~~ -f .. ~ . - ~ ~ ~. +; ~ ~ ~ ~ . t - _ ' "-yx_-:;--a,. 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A fd `~ . ~ I a° YCY.`, CSY" LE"YELCt.• Yg 4 :86: •: E:ey"syR / V n A. ~ RF" I e dd 'g o0 ~ ' m I E d t -C 488 E. v I D . $E F 18 _..b- .,. _.-.8_ xY48~C '. 8 :f !.. ~. ` ~ 1~ 4• a ~~__ 1 .. ~ ~ ~ ~y z rx-3 m ~. . y • x a -. ~ STpN a ~ r- ~} F ~~~_ 4n ~ m .2 CY-.' 1yy ~ 1 1 ~ ~ ~F o V] a ' 6{ y ~ f Rebular Item #:9 ~ Consent Item#: Additional Item #: ' _ -. Department: .Planning Presenter: D'. Hayes. .'Page Count ~In Agenda. Package: 3 Contact: Same Burgess _ ; .. SUBJECT: Resolution of Intent to Close Watercrest Street, Brandywine Subdivision , .. ,. , BRIEF SUMMARY:... . . Request.by County Engineering staff to close Watercrest Street located between. East Brandywine °~' Circle and Whimsey Way, Brandywine Sub division: See attached map. This 60-foot right-of--way ,, , is unimproved and is 150 feet in length. ~ ~ ~ , - . ~ ~ ... ' ,` -- - _ RECOMMENDED MOTION AND REQUESTED ACTIONS: ~'_ If the resolution is adopted; a public hearing will be scheduled for June 3, 1996. . ~. , ~` F.UNDING_ SOURCE: . ~ Federal S: State S: County S: User Fees S: Other S; '~~ .. ' Money Is In Current Budget: I`tew Appropriation Request:. . . ~, Budget Amendment Prepared: .,. ~. REVIEWED BY , . . .. LGL: FIN: BUD: HR: `' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS ' - - ...,,,. -~. ~, ,, . cau~t`v ~ott~ .= . ~ . . ' ~ REaECTED ,t7 RE~MOU~D~ ~Q . - .. PQSTPOIV D .81~ ..__~ Refer ro Office Vision Bulletin.Board for Disposition . . ., i Resolution of Intent • - • --• - - To Close-a Public Road . . Watercrest Street Brandywine Subdivision - Middle Sound Community ~ ` WHEREAS, a petition has been filed pursuant to N.C.G.S. I53A-241, requesting the Board of'Commissioners of New Hanover County to close the follwing described, public .road;. :. - ~ - ; - Being all of a 60 foot right-of-way;• 150 feet in Jength known as-Watercrest Street ~ . ,• (unimproved) Located in Brandywine Subdivision, Middle Sound Community and :duly recorded. as a portion of Brandywine Subdivision, Map Book 10, page 50 of the New Hanover County Registry. NOW, THEREFORE, BE IT RESOLVED, that this Board is considering closing said road to public use, and that a public hearing on this question will be held on the third day of June, 1996, at 7:30 p.m. in the General Assembly Room of the County Courthouse, 24 North Third Street, Wilmington, N. C. at which time the Board will hear all interested citizens and make a final determination as to whether the road shallbe closed. • . ,: The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 6th day of May, 1996. Robert G. Greer, Chairman Attest: .. _ ~.. Clerk to the Board .- .. _ . - .. ,. • .. ~:. ~.; - p .4p •;~ t'',-~~"i~~t1-?,,... r~?ki~a.,. r~,y f d . , Latta' ~, ^. 4+4 h h o ~ i 51y,, _ i i T . ''~ •t ua e • E. c ° . . ~ ~! ~ ~F~ !'~Y T~~i . .ty~. .~.$l9 ~ ]y~. r~ ~ ~ 82 ti ~,,R~Ma ~~~~-~~ -., ; ~~ ~..:- i ~ l\ ~FF~ T S py M / F` C Y i STFq ~ pG'Ql O I ,. cpGR T a0 a ~ Fog F ~r 9s~, ~ ,~2 .D SPpF 71 e9q pF0 tiQ} ~ yi yF ~ \. ~ n kF o° ~i ~ l ~ ~ p 9C`F p~~~P fj `•~ '~ ~ / °~M n ~ ~ ~ \ ~ ,{ phT\ z l ~ ~ yi ~ ~ x \ F" - m F \ iOCyCF \ ~ ~ r 7 / ~ \ LUDLOW DR. / \ ~°6 ~ ~ °2 , ,~~ / - ~~ P / tUUVtlp ~ ~ r ~ ROVipENCE \ ~m~, I... /. ,~ ~ ~ \ o°~o ~> ~ a j, / ~ ~ ~\ n ~pqp ~ ao~ :. m' o X02 ,~~p ~ ~ / ~ \ ~ \ ~9 T ,~~- ~ ~/~ ~~ ~~ I ~F~<i ~ ~ ~SfN ~ ~ \/ HCrph ~8' S CpG'QT Y~' '~ S C °y° ~ r^ T `~ pVF / V. _ ~ a cn ~ / ~ n T / ( /._ .. ~ __ _ 09 _ 2 ~ ICI .~, ~''"s`"?r~'x (n G7 'n m o c~ oo D rn y 5, rs~,. ~ ~ ,~ m s pe nWi p ~ ~ ~'tt ~,r- m m j ~, r ~ ~ ` J ~ L ~ ~ ~ ~ t+, .L ~ a ~ Q ~ (D `\L; ~ O i ~r~, REQUEST FOR BOARD ACTION Meeting Date: 05/06/96 Regular Item #: Consent Item #: Additional Item #:.1 Department: County Manager Presenter: Page Count In Agenda Package: Contact: Allen O'Neal ~UliJ1:C;'1~: Coastal Resources Commission -Solicitations for Nominations. BRIEF SUMMARY: New Hanover County is eligible for up to four nominations, in each of the following categories: Coastal Engineering, Marine Related Business, Local Government, At-Large. The deadline for nominations is June 1, 1996. RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: Consider nominations. ~ ~W • 1APPROII~ RE,lECTE~? ~ REAR©11E~ ~ Refer to Office Vision Bulletin.Boazd for Disposition ~~ DAB ~ ~ ~.~T~ Z \ f rrtom:' • ~ STATE OF NORTH CAROLINA _ _ '. OFFICE OF THE GOVERNOR_ ~• ~ ~ -_.._ RALEIGH 27603-8001 ~ ~~~~~~~D JAMES B. HUNT JR. ~YWi ~ ~ ~ppt GOVERNOR 71Y April 30, 1996 N~~ ~!~~~Y'' The Honorable Robert G. Greer, Chairman New Hanover County Board of Commissioners 1218 Country Club Road Wilmington, North Carolina 28403 Dear Mr. Greer: This is to advise you of upcoming vacancies on the Coastal Resources Commission and to solicit nominations from your local government for appointments to fill those vacancies. The Coastal Area Management Act of 1974 sets forth the specific qualifications that these nominees must meet and a very detailed procedure that must be followed in making the appointments. The qualifications are designed to provide the Commission with knowledge and experience in a diverse range of coastal interests. A copy of these provisions, G.S. 113A-104, is enclosed for your convenience and I urge you to review it carefully. The Coastal Resources Commission provides oversight for implementation of the state's coastal program. It creates policies and rules governing land use planning, beach access, and development in designated critical environmental areas. It also hears appeals and variances that may arise from permit decisions. The Commission meets for several days every eight weeks, usually in a coastal location. I trust that you will give careful thought to nominating persons with the interest, skill and dedication to make an important contribution to the Commission. Prior to submitting a nomination, please contact your nominee and be sure he or she is willing and able to devote the time necessary to serve, as the law mandates regular attendance as a condition of Commission membership. In making your nominations, I encourage you to give particular attention to suggesting the names of qualified women and minorities. The one vacant position and the eight members of the Commission whose terms expire on June 30, 1996, their county of residence when each was appointed, and the category each represents are as follows: ' ' 1. Eugene B. Tomlinson, Jr., Brunswick County, Coastal Engineering 2. David A. Adams, Wake County, At-Large r .•-ate - . '~wra s r ~, p ~ i The Honorable Robert G. Greer Page 2 April 30, 1996 . 3. Margaret A. Griffin, Tyrrell County, Local Government 4. Richard J. Hargitt, Lenoir County, At-Large 5. T. Erie Haste, Perquimans County, Marine Related Business 6. Paula Kirby, Onslow County, Coastal Land Development Financing 7. John Spence, Pasquotank County, Coastal Agriculture 8. J. Tim Thornton, Pasquotank County, Coastal Land Development 9. T. Baxter Williams, Currituck County, Local Government (Vacant) r Each county is allowed by law to make four nominations for the seven vacancies. The nomination categories assigned to each county and the counties in which the nominees must reside are set forth on the attached list. Each municipality may make one nomination in whichever category they choose. Please be aware that the law specifies that members in all categories available for .nomination, except the at-large position, shall be persons who do not derive any significant portion of their income from land development, construction, real estate 'sales, or lobbying and do not otherwise serve as agents for development-related business activities. Your nominees do not have to reside in your particular county, but, they must be from the counties designated on the attached list. The counties not designated have a resident currently serving as a Commission member in one of the nomination categories. I have enclosed a nomination form for your use. Please complete the form and return it by June 1, 1996, to Ms. Jan Parker, Office of the Governor, 116 West Jones Street, Raleigh, North Carolina 27602-8001. I hope that you will join me in efforts to insure the continued success of the coastal program by giving of your time and interests to assist in selection of the next members of the Commission. Our coastal resources are critically important and only through the nomination and appointment of a highly qualified and dedicated commission members can we be assured that these resources will receive the protection they deserve. Thank you for your help. My warmest personal regards. cerely, James B. nt Jr. JBH:rns Enclosures cc: Manager a NOMINATING CATEGORIES - 1996 ROTATION Coastal Engineering Marine Coastal' .Local At-Large Related Agriculture Gov't Business 1. Beaufort X X X X 2. eertie** X X X 3. Brunswick** X X X ~ X 4. Camden** X X X X 5. Carteret X X X X 6. Chowan** X X X X 7. Craven X X X X 8. Currituck** X X X X - 9. Dare X X X X 10. Gates** X X X X 11. Hertford"' X X X X 12: Hyde** X X X X 13. New Hanover X X X X 14. Onslow** X X X X 15. i'amlico X X X X 16. Pasquotank** X X ~ X X 17. Pender*' X X X X 18. Perquimans" X X X X 19. Tyrrell" X X X - X 20. Washington** X X X X Each county may submit up to four nominations, one in each of the categories designated above. Each municipality may submit only one nomination and it may be in whichever category they choose. Each- nominee must reside in one of the counties designated by -**- above. There is no requirement that the nominee be a resident of the same area as the local government making the nomination. , ~ NOMINATION FORM. NORTH CAROLINA COASTAL RESOURCES COMMISSION NOMINATION CATEGORY Name of Nominee - Home Address of Nominee Telephone: Special Qualifications and Interest In: Current Employment Past Employment Educational Background County or Local Government Making Nomination County or Local Government Official NAME TITLE SIGNATURE RETURN FORM BY: June 1, 1996 TO: MS. JAN PARKER OFFICE OF THE GOVERNOR 116 WEST JONES STREET RALEIGH, NORTH CAROLINA 27603-8001 ... ~ §113A-104 AP,T. 7. COASTAL AREA MANAGEMENT ~ §113A-104 as petitioner had to obtain a new build- CAMA. Pamlico Marine Co. v. North ing permit from the Town of Bath prior Carolina Dept of Natural Resources &. to building this decking, which pe:~it Community Dev., 80 N.C. App. 201, 341 was issued after .the ratification of S.E.2d 108 (1986). § 113A-144. Coastal Resources Commission. (a) Established. -The General Assembly hereby establishes 'within the Department of Environment, Health, and Natural Re- sources a commission to be designated the Coastal Resources Com- ~ mission. j (b) Composition. -The Coastal Resources Commission shall consist of 1~ members appointed by the Governor, as follows: (1) One who shall at the time of appointment be actively con- netted a-ith or have experience in commercial rishing. (2) One who shall at the time of appointment be actively con- uected math or have experience in ~zidiife or sports fishing. (3) One who shall at the time of appointment be actively cor:- ne~ted ~-ith or have experience in marine ecolob ~. (4) One who shall at the time of appointment be actively con- ne~ted v-ith or have experience in coastal agriculture. (~) One who shall at the time of appointment be actively con- ne~ted ~•ith or have experience in coastal forestry. (6) One v~•ho shall. at the time of appointment be actively con- netted with or have experience in coastal land develop- ment. (r) One who shill at the time of appointment be actively con- netted with or have experience mmarine-related business (other than fishin; and wildlife). (~) One who shall at the time of appointment be actively ~or.- ne~ted with or have experience in engineering in the coastal area. ~ (9) One who shall at the time of appointment be actively asso- ~ ciated ~•ith a State or national conservation organization. ' (10) One who shall at the time of appointment be actively tor.- rected ~-ith or have experience in financing of coastal land ' development. (11) Two who shall at the time of appointment be actively con- ne~ted with or have experience in local government ~Zthin the coastal -area. (12) Three at-large members. (c) Appointment of Members. -Appointments to the Commis- sion shall. be made to provide knowledge and experience in a di- verse ranee of coastal interests. The members of tl'ie. Commission shall serve and act on the Commission solely for the best interests of the public. and public trust, and shall bring their- particular knowledge and experience to the Commission for that end alone. The Governor shall appoint in his sole discretion those members of the Commission whose qualuications are described in subdivi- sions (6) and. (10), and one of the three members described in subdi- vision (12) of subsection (b) of this section. The remaining members of the Commission shall be appointed by the Governor after completion of the nominating procedures pre- scribed by subsection (d) of this section. The members of the Com- mission whose qualifications are described in subdivisions (1) through (5), (9), and (11), shall be persons who do not derive any ~3 4 ~ §113A-104 CH. 1~13A. POLLUTION CONTROL, ETC. §113A-104 significant .portion of their income from land development, con- struction; real estate., sales, or lobbying and do not othenyise ~sen e as agents for development-related business activities. The Governor shall require adequate disclosure of potential conflicts of interest by members. The Governor, by executive order, shall promulgate crite- ria regarding conflicts of interest and disclosure thereof for deter- mining the eligibility of persons under this section. (d) Nominations for Membership. - On or' before May 1 in every even-numbered year the Governor shall designate and transmit to the board of commissioners in each county in the coastal area four nominating categories applicable to-that county for that year. Said nominating categories shall be selected by the Governor from among the categories represented, respectively by subdivisions (1), (2), (3), (4), (b), (7), (8), (9), (11) - two.~persons, and (12) -two persons, of subsection (b) of'this section (or so many of the above- listPd pa-*a_~-3p1~ as may co:~pond to.~,acancies b;~ expiration of ter~i that are subject to being filled in that year). On or before June 1 in every ever.-numbered }•ear the board of commissioners of each county in the coastal area shall nominate (and transmit to the Governor the. names ofj one qualified person in each of the four nominating categories that ~•as designated by the Governor for that county for that year. In designating nominating categories from biennium to biennium, the G-overnor shall. equitably rotate said categories among the severa? counties'of the coastal area as in his judgment he deems best; and he shall assign, as near as may be, an even number of nominees'to each nominating category and shall assign. in his best judgment any excess above such even number of nominees. On or before Jure 1 in every even=numbered year the governing body of each incorporated city .within the coastal area shill nominate and transmit to the Governor the name of one per- son as a nominee to the Cor:-*nission. In making nominations, the boards of county com,•rissioners and city governing bodies shall give due consideration to the nomination of women and minorities. The Governor shall appoint 12 persons from among said city and county nominees to the Cor.L:Lission: Tlie several boards of county commissioners and city governing bodies shall transmit the names, adaresses, and a brief surrimary of the qualifications of their nomi- nee. to the Governor on or before June 1 in each even-numbered year, beginning in 1974; provided, that the Governor,. by registered or certified mail, shall notify the chairman or the mayors of the said local governing boards by ~Ma}• 20 in each such even-numbered year of the duties of local governing, boards under his sentence. If any board of commissioners or city ~overang body fails to transmit its list of nominations to the Goverhor by June 1, the, Governor may add to the nominations a list of qualified nominees in lieu of those ,that were not .transmitted by the board ofcommissioners or city governing body; ~Proyided however, the Governor may not add to the list a nominee in lieu of one not transmitted by an incorporated city k•ithin the coastal area that neither°has a population of 2,000 or more nor is contiguous R-ith the Atlantic Ocean. Within the meaning of this section, the "governing body" is the mayor. and council of a city. as defined in G.S;. 160A-66. The population of cities - shall be determined according to the most recent annual estimates of population as certified to the Secretary of Revenue by the Secre- tary of Adlninistrafion. ~- ~4 ~~a j r ~ ~ I ~. , 0. • • §113A-104 :~P,T. ~. COAST.aL AP.EA°?~L~AGEMETvT ' §113A-104 (e) Residential Qualifications. -All nominees of the several boards of county commissioners and city governing bodies must reside within the coastal area, but need not reside in the county from which they were nominated. No more than one of those mem- bers appointed by the Governor from among said nominees may . reside in a particular county. No more than two members of the entire Commission, at any time, may reside in a particulaz county. No more than two members of the entire Commission, at any time, may reside outside the coastal area. (f) Oft'ice May Be Held Concurrently with Others. - Member- ship on the Coastal .Resources Commission is hereby declared to be an office that may be held concurrently Rzth other elective or ap- pointive offices in addition to.the maximum number of offices per- witted to be held by one person under G.S. 123-1.1. (') Terms. -The member shall serve staggered terms of office of four year. At the ex_ piration of each member's term, the Gover- nor shall 'reappoi:-•t cr replac the me: ber fifth a neW r:2ctTi~ier of like. qualirication (as specified in subsection- (b) of this section), in the manner provided by subsections ~(c) and (d) of this section. The initial term shall be determined by the Governor in accordance ii-ith customar}• practice but eight of the initial members shall be appointed for two years and seven )for four years. (h) Vacancies. - In the event of a vacancy arising otheni-ise than by expiration of term, the Governor shall appoint a successor of like aualitication (as specified in subsection (b) of this .section) v,•ho shall then sen•e the remainder of his predecessor's term. R'hen any such vacanc~• arises, the Governor shall immediately notify the board of commissioners of each county in the coastal area and the • governing body of each incorporated city Within the coastal area. «'ithin 30 da3•s after receipt of such notification each such county board and city governing body shall nominate and transmit to the Governor the nam~> and address of one person who is qualified in the categor}• repre_ented by the Dosition to be filled, together R•ith a brief sum~_.ar}° of the qualifications of .the nominee. The Governor - shall make the appointment from among said city and county nomi- nees. If .any county board or city governing body fails to make a timely transmittal of its nominee, the Governor may add to the nominations a qualified person in lieu of said nominee; Provided however, the Governor may not add to the list a nominee in lieu of one not transmitted by an incorporated city Within the coastal area that neither has a population of 2,000 or more nor is contiguous ii•ith the Atlaniic Ocean. (i) Officers. -The chairman shall be designated by the Governor ~ from among the members of the Commission to serve as chairr.:an ~ at the. pleasu~ e of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a !. term of two years or until the expiration of his regularly appointed ~ term. • ~ (j) Compensation. -The members of the Commission shall re- ceive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. • (k) In making appointments to and filling vacancies upon the ,Commission, the Governor shall give due consideration to securing i appropriate representation of women and minorities. • ~ (1) Regulaz attendance at Commission meetings is a duty of each i member. The.Commission shall develop procedures for declaring ~~ - . „ § i 13A-105 CH. 113A: POLLLTION COI~-TROL, ETC. § 113A-105 any seat on the Commission to be vacant upon. failure. by a member to perform this duty. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 197 i, c., 771, s. 4; c. 486, ss. 1-6; 1951, c. 932, s. 2.1; 1989, c. 505; c. 727, s. 218(64)) • Editor's Irote. -Section 2 of Session La A'S 1989, c. 505, provides that mem- hers sen-ing on the Coastal.Reso;irces Commission on June 29, 1969, shall be eligible to complete their respe:tic•e terms. Effect of Amendments. - Spasion Laces 1989, c. 505, effective June 29,' 1999, in subsection (c), inserted .the present first. paragraph; and added the last three sentences of the last para- graph. Session Laws 1989, c. 727, s. 218(69), effective Ju]y 1, 1989, substituted "Etic-i- roament, Health, and Nature] Re- sources" for "Natural Resources and Community Development"~in subsection (a). CASE ~ Ir'OTES Stated in Adams v. Norb Ca_-oiina Dept of Nature] & Economic Resc•_: ces, 255 N.C. 683, 249 S.E.2d 402 (? ~ ; ~;~. Cited in Pamlico Marine Co. v.:~ortn Carolina Dept of Natural Resources Comm~,mity Dev., 80 N.C. App. 201, 3;1 S.E.2d 108 (1986). § 113A-10~. Coastal Resources Advisory Council. (a) Creation. -There is hereb~• created and established a council to be knov-n as the Coastal Resources Advisory Council. ('o) The Coastal Resources Adrisory Council shall consist of not more than 47 members appointed or. designated as follows: (1) T~•o individuals designated by the Secretary from among the employees of i^L~; Department; (la) The Secreta~-y of tie Department of Economic and Com- muni~y De~•elopme-t or his designee; (2) The Secretary of,the Department of Administration or his designee; (3) The Secreta:-ti• of the Department of TransDOrtation and Highway Safety or his designee, and one additional mem-. her selected b}~ hi.~ from his Department; (4) The State Health Director; (5) The Commissioner of Agriculture or his designee; (6) The Secretary of the Department of Cultural Resources or his designee; (7) One member from each of the four multi-county planning districts of the coas;,al area to be appointed by the lead regional agency of 'each district; (8) One represe..`.ative ~ em e _~.ch of the counties i.~ the -coasts': area to be designated by, the respective boards of county commissioners; . (9) No more than eight additional members representative of cities in the coastal area and to be designated by the Com- mission; . (10) Three members selected by the Commission who are ma- rine scientists or technologists; (11) One member who is s local health director selected by the Commission upon the recommendation of the Secretary. (c) Functions and Duties. -The Advisory Council shall assist caea t retary and the Secretary of Administration in an advisory P Y~ 56 "FROM MAYOR'S OFFICE. ~ `.PHONE"N0: 810 341 4628 PD2 Re: TnteTlocal Agreement for NSWWTP Page'6 = In~art. at beginning of Item 4.: To.provide to City nn R gnArtr.rly basis a tabuiation • • of fill newly approved subdivisions, 1iScluding the lncati~n and number of potential sewer cusCPmeY8. - '; FP.OM MAYOP.' S OFFICE PHONE NO. 910 341 4628 _ P01 ~~ ~" ` ~- f WI~MINGTCON - -Y~ {:=;1T-Y ~o .~~ I~lortl"~ Carolina _ ., X739 ... ~ ~ . ~ - ~ ° 1'.O. ROX 1810 28402 _ FAX ~ ..(910). 3a1._~ 62$ _ - . ' ,. ., r7~CSIMTLF TRANSMISSTC~N CO R S"r.~ET -- - ~ ,• TO : Allen 0' Neal . QOM: Mar Gornto _ - --- PHONE : - -_ MF,SS~GL: - AT TUMOttItOW NIGHT' S COUNCIL MEETING, A COUNCILMEMBER WLLL REQUEST THE ATTACHED AMENDMENT Tn THE NSWWTP INTERLOCAL _ AGRiri:MENT_ PLEASE PROVIDE THLS INFORMATION TO THE .. . COMMISSIONERS TONIGHT SO THEY WILL•BE AWARE OF T,HE . AMENDMENT FOR THEZR VOTE. PLtrP~E CALL IF OUFS.TIONS. _ THANKS. _ r DATE : 5-6-96 _ - :~ Or PACES _ 2 _ _ _- (Tnclu~9i,na <_Uvrt ~.sc_Ct) ILSPONL>- ( ) EY 1:.::x r_o ; a10 3~ 1-4628 ( ) T'•y m3iJ to: P.U_ Lr?x: l fi1.0, Wilm, N_C_ 2.fl402 STATE ,OF NORTH CAROLINA' ~ ~ ~ " COUNTY OF NEW HANOVER CONTRACT..NO. S11-784 SANITARY SEWAGE TREATMENT CONTRACT BETWEEN THE CITY OF WILMINGTON, NORTH CAROLINA • ~ AND THB NEW HANOVER COUNTY WATER AND .S EWER DISTRICT •THIS CONTRACT .for Z•the tre ent of sanitary sewage is entered into this the [~ day of ~~ 19~, by and between the CITY 0"F WILMINGTON, a municipa corporation of the State of North Carolina (hereinafter referred to as "CITY") and NEW HANOVER COUNTY WATER AND. SEWER DISTRICT, a political subdivision existing under the laws of the State of North Carolina (hereinafter referred to as "PURCHASHER"); W I T N E S S E T H WHEREAS, the CITY, the County of New Hanover (hereinafter referred to as "COUNTY"), and the Town of Wrightsville Beach (hereinafter referred to as "TOWN") have previously entered into interlocal agreements which have resulted in the preparation and approval of a regiona1:201 Facilities Plan for the Greater Wilmington Area;.-and WHEREAS, the CITY, COUNTY, and TOWN have begun implementation of the approved 201 Facilities Plan to the extent ' of completing some of ,the facilities. recommended in the plan, and that -among them is the completion of the Northeast Sewer Force .Main Interceptor (hereinafter referred to as "INTERCEPTOR") from the M'Rean Maffitt (Southside) Treatment Plant (hereinafter referred to as "Southside Plant" or "Plant") to the Bradley Creek Pumping Station; and WHEREAS, the CITY owns and operates the Southside Wastewater Treatment Plant with a present hydraulic rated capacity of 6.0 million gallons per day (MGD) ave-rage design flow, and, currently capable of serving the present customers of the CITY's system and the present customers of the TOWN's system through the use of the INTERCEPTOR., but is not capable of meeting the total additional number of customers to be served by the INTERCEPTOR,, as proposed in the approved 201 Plan except through expanded facilitiea;_and WHEREAS, the CITY and COUNTY entered into a contract (Contract- No. 3 11-783.2) on September 8, 1983 which .designated the responsibilities of the CZTY and COUNTY regarding the treatment of wastewater from the INTERCEPTOR at .the Southside Plant which was delivered from collection systems of the COUNTY, and which further designated a maximum quantity the COUNTY would be permitted to discharge to the present Southside Plant facility; and 1 . `, ,; ~,•. WHEREAS, the governing body of the COUNTY organized: a corporate body in 1983 under the laws .of the State of North ..Carolina called the New Hanover County Wate.r~and Sewer District ;(referred to as "PURCHASER") to represent the proposed sewer. customers within the planning area.of ,the~201 Facilities Plan which are not represented 6y the CITY or TOWN, such action being . taken in the intereat.of further implementing the provisions of the 201 Facilities Plan; and - WHEREAS, a '$46..million general obligation bond issue Was suthorrized by the registered voters within the political jurisdiction of the PURCHASER on March 6, 1984 for the purpose of designing and constructing an expansion to the Southside Plant and sewer collection systems within the PURCHASER'S jurisdiction; .and. WHEREAS, the COUNTY and PURCHASER desire .that the privileges and responsibilities of the COUNTY in Contract No. S 11-783.2, as amended be transferred to and in the name of the PURCHASER and desire that_all future designation of responsibility related to the treatment of wastewater from sewage collection systems under the PUi~CHASER's jurisdiction, to include the expansion of the Southside Plant., be designated between the ,CITY and the PURCHASER; NOW, THEREFORE, in consideration of the foregoing and the mutual benefits inuring to the parties. hereto, it is hereby . understood and agreed as follows: . 1. Agreement Supercedes Previous Agreement This agreement aupercedes Contract No. S 11-78.3.2,, dated September 8, 1983, as amended, and the privileges and responsibilities of the COUNTY as stated in that contract are to be continued in force and are restated .within this agreement in .the name of the PURCHASER. - 2. Puryose of Agreement The purpose of this agreement is to designate responsibilities of the CITY and the PURCHASER concerning the expansion of the CITY'S Southside Plant and treatment services for the PURCHASER'S sanitary sewage entering the CITY'S Plant from the INTERCEPTOR both before and after the completion of the expansion.. This agreement presupposes that PURCHASER has applied and has been granted approval. to connect PURCHASER'S sanitary sewage collection system .onto the INTERCEPTOR, consistent with the plan for the operation of the facility agreed upon among the CITY, the COUNTY and the TOWN.. 2 ~.' 3: Definitions ~ ' ~. ~ Unless the contract specifically indicates otherwise, the meaning of the following terms used in this Agreement shall be as follows: "P1ant~Construction" is the project administered by the CITY in accordance with terms of this agreemen t to. physically 'improve the Southside Plant through design and construction contracts, and other necessary means, .' in order that upon completion the Plant can safely, reliably, and effectively treat a total average daily flow of`up to 12.0 million gallons per~day. The Plant Construction may be scheduled for completion within the shortest rea8onable construction period or may be constructed in phases. "Plan;t Expansion" is that part of the Plant Construction in new facilities or expansion of Plant facilities which are built after January 1, 1985 .which is necessary to meet an objective of increasing .the. allowable average hydraulic flow of wastewater through the Plant from 6.0 million gallons per day to 12.0 million gallons per day.' "Plant Upgrade" is that part of the Plant Construction in new facilities, or expansion and/or modification of Plant facilities which are built after Tanuary~ 1, 1985 which is necessary to improve the treatment effectiveness, and assure the safe and. reliable treatment of up to an average flow of 6.0 million gallons per day. "Shared Construction" is that part of the Plant Construction for which the rationale of its design can not be defined exclusively to serve the objectives of r the P1ant~Expansion, or serve the objectives of the Plant IIpgrade, but instead is designed to satisfy the objectives of both the Plant Expansion and Plant Upgrade, and is constructed physically as one for the b,enefita of economics-of-scale or ease of future operation. 4. Responsibilities of the CITY A. Treatment Services In providing treatment services to the PURCHASER, the CITY will assume the responsibilities and perform the duties inclusive of, and limited to, the following: (1) To furnish treatment services to PURCHASER during the term of this contract or any renewal or exten- sion thereof, at a point of reception located at 3 ti, 1 the CITY's Southside Wastewater Treatment Plant on .~ River Road •we.st of Echo Farms,. for up to the "., following average daily flow quantities of sanitary sewage: Prior to completion of the Plant Expansion: 370,000 gallons per day After completion of the Plant Expansion: "5;250,000 gallons per day Average daily flow shall be defined as the arithmetic mean of the total flow for any sixty (60) consecutive day period, in gallons per day. It is understood and agreed that the quantities stated above are the maximum for the. relevant periods specified, and that quantities less than these maximums may be received and treated by the CITY. Emergency failures to treatment due to main breaks, power failure, flood, fire, earthquake or other catastrophe shall excuse 'the CITY from treatment requirements stated herein for such reasonable period of time as may be necessary to. restore service. (2) To treat effluent in accordance with guidelines established by.the EPA, so that all discharges from the CITY's treatment plant into the Cape Fear River will meet the effluent limitations imposed upon the CITY by the EPA and DEM under its operating permit. (3) To read the meter installed on the INTERCEPTOR at the Southside Treatment Plant influent. in the manner prescribed in an agreement among;t.he CITY, COUNTY, and TOWN for the operation and maintenance of the INTERCEPTOR, and to furnish to PURCHASER a statement of metered sewage treated and charges owed therefrom, not less frequently than bi- monthly. Such statement may also contain charges for the operation and maintenance of the INTERCEPTOR pursuant to the separate. interlocal agreement among the CITY, COUNTY, and TOWN for the operation and maintenance of the INTERCEPTOR (which charges the PURCHASER hereby agrees to pay for the COUNTY). PURCHASER shall be allowed to heave representatives present at the time that INTERCEPTOR meters are read by CITY. (4) To maintain records in sufficient detail to allow a determination of the costa of treatment of sewage at the Southside Plant in order to charge the fees more particularly described hereinafter. The CITY shall make available the records referenced herein upon request and shall submit a 4 ~~ ~ i ., ~ } summary showing computation of fees stated in paragraph S.A of this agreement to the PURCHASER on an annual basis. (5) To notify PURCHASER at any time it may appear_ to CITY that the necessary metering equipment is not functioning properly,"and further, to. test and calibrate such meter(s). (6) To review in a timely manner all requests by PURCHASER for treatment services 'for quantities in excess of those established in subparagraph (I) of this section. (7) To review on an annual basis the fees charged for these services, more particularly set out hereinafter, and to provide to PURCHASER by May l: of each year the estimated fees and by June 1 of. each year the fees to be charged for treatment services beginning .July 1 of that year. (8) To review in a timely manner all .applications for permits for industrial customers pursuant to the Sewer Use Ordinance in effect in the respective . jurisdiction of PURCHASER. The CITY shall review and ,may approve all permit s. to industrial users of PURCHASER, which shall mean any .wastewater service subscriber that discharges into the INTERCEPTOR. and,. thence to the CITY sewage treatment system, sewage having the characteristics of industrial wastes, as distinct from domestic wastes and having a BODS and/or.total suspended solids (SS) or, chemical or other constituents different from standard strength domestic waste. The CITY agrees that approval of permits to industrial users or customers as above, defined shall not be unreasonably withheld. Since,. the CIT Y is ultimately responsible for the operation of the treatment plant, the CITY shall exercise sole and ` ultimate discretion with regard to these matters, and the PURCHASER hereby guarantees to assist and ' cooperate with the CITY to that end.; provided, ' however, that the CITY shall maintain and operate its treatment plant in accordance with the state of the art of the industry as it .shall be determined by the parties hereto to exist from time to time, and provided further that the CITY shall make all improvements to its treatment plant as from time to time shall be necessary to operate its treatment plant in accordance with the art of the industry and/or to process, in compliance with all federal, state- and local laws, statutes, ordinances, regulations or other provisions, influent which enters the plant for treatment. 5 .. .. - B. ~ Lxp aneion:of the Southside Plant ._ In expanding the Southside Plant, .the CLTY will. ass ume the responsibilities and perform the duties inc , lusive of, and limited to, the following: ~' (1) To' administer the design, regulatory approval, -. ,- - bidding, and construction of an expansion to the. Southside Plant from a total average design flow of 6 MGD to a total average design flow of 12 MGD, ., and to endeavor to complete- the following items by July 1, 1987: (a) all Plant Expansion construction work; (b) all permits and approvals . required to authorize CITY to operate all elements of the Plant Expansion; and (c),all testing or ... ' other preparatory measures deemed necessary by . CITY prior to operation of the Plant Expansion. . The CITY and PURCHASER intend that the Plant ' _ Expansion be fully operational on or before July 1, 1987. (2) To provide for-.the PURCHASER'S participation in the selection of professional services. for the . -- design of the Plant Expansion, and to obtain the approval of the PURCHASER of the .final design and of any change orders prepared' during the construction phase. It shall be the CITY's intent to permit the PURCHASER to be represented in (all decisions on) the design and construction of the Plant Expansion which affect the PURCHASER'S financial responsibilities under this agreement. (3) To operate and maintain the. entire Southside Treatment Plant, including the expansion upon its completion, in accordance with approved manuals and regulatory standards of State and Federal I agencies. (4) To approve payments to contractors performing work for the CITY on the, Plant Expansion only For work ~: completed in accordance with design documents approved by the PURCHASER. 6 (5) To provide PURCHASER with receipts for all sales - ~ tax payments made on the Plant Expansion by CITY and CITY's contractors; subcontractors',' and agents. 5. .Responsibilities of the PURCHASER A. Treatment Services In connection with treatment services provided by the -CITY, the PURCHASER will assume the responsibilities and perform the duties of, and limited to, the following: (1) To pay promptly all lawful charges due upon receipt of statement(s) to be rendered by CITY... (2) In the event the COUNTY does not adopt a Sewer Use Ordinance, to adopt and amend as necessary sewer use regulations compatible with EPA guidelines, .substantially identical to the .provisions of the Sewer Use Ordinance adopted by the CITY, and subject- to the approval of the CITY. In particular, the' ordinance shall contain a section having standards at least as stringent as those contained in Division 6 of the CITY's Sewer Use Ordinance. -The PURCHASER agrees to require permits for all industrial users as defined in Paragraph 4.A(8) above and to make information available to CITY and enable CITY to complete its review of the permit application. In addition, PURCHASER will design or alter its sewer collection system to enable either the PURCHASER, the CITY or the TOWN to mechanically cut off customers who dump materials in the system that are either harmful or injurious to the CITY's sanitary sewer system or treatment plant and facilities or that would cause the CITY to be in violation _ of the various state or federal environmental regulations governing the treatment plant. It is understood by the parties hereto ' that mechanical cutoff of customers above referenced shall be provided and carried out in the same manner that the CITY currently provides for its industrial customers, and this provision does not require placement of a valve or other cutoff device on each conventional domestic or commerical customer service line or yap. (3) To do everything reasonably necessary to control the quantity and quality of effluent entering the CITY's treatment plant and to take every reasonable precaution to prevent jeopardizing the CITY's ability or capacity to treat all sanitary sewer flouting through the INTERCEPTOR, regardless S . "of its source. Nor will the PURCHASER by-act or i omission do anything.which will adversely affect , ', the- CITY's NPDES permit for the sewage treatment plant or subject the CITY to enforcement action by any., federal or state agency charged with protecting the environment. PURCHASER specifically agrees that all material entering the INTERCEPTOR for treatment at the Southside Plant • shall have been pxomptly collected and transported - to said facility, and that no material will be ,". held ,• stored ,. or otherwise deliberately allowed to become more septic than material normally collected and transported for treatment. (4) To abide by the technical requirements as set forth for all customers of the INTERCEPTOR including.., but not limited to, specifications for metering equipment, tapping facilities, pumping facilities, and other facilities necessary for the. transpoitat.ion of sewage by the INTERCEPTOR for treatment at the Southside .Plant. (S) To provide to CITY not less frequently than annu-ally 'a report of the number and type of customers served by PURCHASER and- provided treatment services under this agreement,. such .report to categorise customers as residential, commercial and industrial, and to include service addressee for .all commercial and industrial customers. •In addition, in support of any application by PURCHASER to CITY for additional treatment services beyond the quantities specified in this agreement, P-URCHASER agrees to provide a • system plan for such expansion in .sufficient detail for the CITY to determine the additional treatment services required. B. Plant Expansion In connection with the expansion of the Southside' Plant, the PURCHASER will assume the responsibilities and perform the duties inclusive of, and limited t'o, the following: i (1) To designate an official to represent the i PURCHASER who shall have the authority (on behalf i of the PURCHASER) to approve all matters of design '~ of the Plant- Expansion, to include all final design plans and specifications and change orders. (2) To make payment to the CITY within ten (10) days of receipt of a copy of invoices from the CITY on all engineering invoices related to the Plant Expansion. 8 ~' . , '' (3} ,To deposit in an escrow account- simultaneously ~~ with the execution of construction contracts for ~~ the Plant ;Expansion au amount equal to the contract cost for-the Plant Expanai_on at the time ~, : of execution. The terms of such escrow account shall permit disbursement to the. CITY within ten (10) days of the PURCHASER'S receipt of a copy of invoices- 'from t'he CITY on construction work performed' on the Plant Expansion which have been performed in accordance with. approved design documents: At the time of the completion of the Plant Expansion and payment of all Construction and engineering expenses, .the PURCHASER shall be. ,_ entitled 'to any remaining funds in the escrow account.. If the account funds are all disbursed before all Plant Expansion expenses are paid, the PURCHASER shall be responsible for making payment to the CITY sufficient to completely pay all Plant Expansion costs. 6. Fees and Payments for Treatment Services Each party will pay alh., necessary personnel, administrative, legal, operating, repair, and capital costs associated with the duties-and responsibilities assumed and performed by such party in connection with the treatment services provided under this agreement. The fees to be charged by CITY to PURCHASER for treatment services shall be established as follows: A. Basic treatment services fees shall consist of the items of coat incurred by CITY in the operation and maintenance of the Southside Treatment 'Plant, including, but not limited to, salary, wages and other compensation for wages; supervision and planning, plus overhead, reasonable rental on all CITY owned machinery and equipment; rental paid for all. rented machinery or equipment together with the cost of an operator thereof when furnished with said machinery or - equipment;. the cost of all machinery and supplies furnished by the CITY; reasonable handling charges; capital. outlay purchased specifically for the purpose of resolving operation and maintenance needs or problems; and all additional items of expense incidental to the performance of such function or service.. Prior to the completion of the Plant Expansion this fee shall also include existing.. debt service for the Southside Treatment Plant. This fee shall not include the CITY'S expense directly borne for the 'lant Upgrade, and upon completion of [he Expansion, shall no longer include debt service on the. Plant facilities which existed at the time of the 'execution of this agreement. The PURCHASER shall be responsible separate from service fees for the payment a ' of all debt service incurred by :.the .PURCHASER for engineering. or construction of the :Plant, Expansion, Service, fees shall be applied in accordance with the .' ~ ~ CITY's reading of all meters on the INTERCEPTOR as set forth in a separate operation and maintenance agreement among the CITY, COUNTY, and TOWN. Such ,readings shall . ~~ be contained in bi-monthly billing to PURCHASER. These ~. ~. fees shall be subject to annual review by CITY and shall be adjusted only as a result of increases or decreases in the costs delineated herein, including ' ~ increased, capitalization, other than the Plant Expansion and Plan[ Upgrade, of the CITY's sewage treatment facility on a prorated basis. In the event any meter on the INTERCEPTOR which has a ~. bearing on the calculated flow of the PIIRCHASER to which treatment service fees are app~ied isfound to ' register greater than two percent (2X) above or below a ' ~ test result performed during calibration by the CITY, such meter shall be recalibrated to within the two " percent (2Z) allowable limit. The previous readings of any meter disclosed by such test to be inaccurate shall be corrected for .t he period of up to six (6) months previous to such test in accordance with the percentage of inaccuracy found by such tests. . If any meter fails to register for any known period the reading. for that period shall be deemed to be the amount of sanitary sewage delivered in the corresponding period immediately prior to~the failure, unless the CITY,and PURCHASER agree upon a .different amount. An appropriate official of the CITY .shall at all reasonable times have access to the meter for the purpose of recording its readings. B. Sewer use surcharges shall be applied as needed for industrial customers under the CITY's pretreatment program, such charges to PIIRCHASER to 'be the same as the CITY's fee°schedule for CITY's customers. In addition to these fees and. charges, PURCHASER shall also be billed for the COUNTY'S share for operation and maintenance of the INTERCEPTOR, pursuant to the separate interlocal agreement between the CITY, COUNTY, and TOWN for the operation and c~aintenance of the INTERCEPTOR. 7. Payment Responsibility on the Plant Expansion and Upgrade The PURCHASER shall be responsible for payment for all engineering and construction work necessary for the' Plant -Expansion as defined in Section 3. -The CITY shall be responsible for payment for all engineering and construction work necessary for the Plant Upgrade. Payment for shared 10 . construction' shall be split equally between the CITY and . - PURCHASER. Any improvements to the facilities along the INTERCEPTOR included in the design and construction of the Plant Expansion and Upgrade;ahall be shared equally between the CITY and PURCHASER, except that by mutual agreement among all parties, a portion of such coats may be borne by the TOWN. 8. Ownershiy of Plant. Facilities Within ninety (90) days of the completion of the Plant Expansion, which completion date is estimated to be 3uly~'1, 1987, the CITY shall convey to the PURCHASER title-'~to an' undivided. one-third interest in the Southside Plant. Provided, however, at the time of completion, if mutually agreed to by the CITY and. PURCHASER, the percentage interest in the Southside Plant to be conveyed to PURCHASER may be determined by dividing the total construction costs paid by .the PURCHASER by the total value of the Southside Plant at the time of completion. The total value of the Plant shall - be determined by.an independent appraiser. In the event, the parties do not desire a full appraisal, the total value of the Southside Plant shall be assumed to be twice the total- construction -cost of the Plant Expansion plus the value, as determined uy an independent appraiser, of (a) all real property constituting the plant site; (b) the chlorine building and all contents; (c) the administration building and all contents except instrumentation and controls for .plant equipment; anal (d) the structure of the digester building and the structures of the sludge storage tanks. The cost of any independent appraisal shall be shared equally between the CITY and PURCHASER. For the purpose of this section, the Southside Plant .shall not include the portion of the real property at the plan t site presently used as a firing range by th~~ City of Wilmington Police Department. 9. Future Agreements This agreement in no way prohibi PURCHASER from negotiating and engaging in agreements after the completion of the should environmental regulations, technology, or other related factors desirable a further upgrading of the Plant is the CITY and future financial Plant Expansion state-of-the-art require or make facilities. In the event that future tightening of environmental regulations shall reduce- the effective capacity of the expanded plant~to less than 12..0 MGD, as determined by a registered professional engineer having expertise in the - •wastewater field and jointly approved for such assessment by 1 both CITY and. PURCHASER, the CITY and PURCHASER may amend this agreement to reduce the.allocation.stated in Sectioa 4A ' (1) of this agreement. Such reduction may be made equal to •~ 50X of the total amount assessed less than 12..0 MGD, except that the PURCHASER's new allocation shall not be less than .~. the PURCHASER's total average flow at the time .the stricter environmental regulations are approved. If the PURCHASER desires to have any reduced;capacity restored and is willing f'o finance the necessary .plant improvements to restore the allocation as of the date immediately.prior:to .the adoption of new regulations, the CITY shall agree to schedule and construct such improvements within a reasonable time period. 10. Term of Agreement This contract shall become effective upon execution of this agreement and shall extend for a term of twenty (20) years thereafter.' This contract may then be renewed or extended for such term, or terms, as may be .agreed upon by the CLTY and PURCHASER .. 11. Termination of This Agreement 11.1 Termination without Cause - This agreement may be terminated without cause upon mutual agreement of the parties hereto. 11.2 Termination for Cause If either fails to keep and perform each and all of the covenants contained herein then and in that event, the other party, after notifying the nonconforming party not less than thirty (30) days in advance and upon the failure of the other party to comply within such period, it .may at its option either terminate the .agreement or maintain an .action in a court of competent jurisdiction for damages, specific performance, or injunctive relief. It is agreed that the CITY's .failure to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, of the ' acceptance of any performance during. such breach,, shall not- constitute a waiver of any rights under this agreement. 11..3 Purchase of Exclusive Interest in Title In the event this agreement is terminated, the CITY shall purchase all right, title and interest of the PORCHASER in the Southside Plant. The value of the PURCHASER'S interest in the Plant shall be determined from the PURCHASER'S percentage of interest and the 1~ ' total appraiae:d value of all real property, structures ' and equipment encompassing the Southside Plant. The appraisal shall be performed by an'. independent • ~ appraiser within ninety. (90) days of the date of termination. The cost. of-such appraisal shall be ' shared equally between the CITY and PURCHASER; The CITY shall have the right to pay the purchase amount in relatively equal annual installments over a period of not less than twenty (20) years, but annual installments shall be at least sufficient to cover the PURCHASER'S debt service payments on general obligation bonds sold for construction of the P1ant.Expanaion., 12. Amendment of Agreement This agreement may be amended or modified upon mutual agreement of the respective parties, provided that any such amendment shall be reduced to writing and signed by -both parties. ' 13. Non-Assignability ` ~ ''The rights and duties under this agreement shall not be - assigned by any of the~partieS without the written consent of the other. 14. Conflict of Interest No paid employee of the CITY shall have a personal. or financial interest,~direct or indirect, as a contracting party or otherwise, in the performance of this agreement. 15. Notices . All notices, requests and other communications hereunder shall be in writing sad shall be deemed to have been duly given if delivered, or. mailed first class, postage prepaid, addressed to: A. Gity: William B. Farris City Manager P. 0. Box 181-0 Wilmington, NC 28402 B. Purchaser: Felix Cooper New Hanover Manager ' ~ 320 Chestnut Street Wilmington, NC 28401 t t ,' .. ` 16. Assurances . PURCHASER will comply with any and all applicable federal, state and .local standards, regulations, laws, statutes and ordinances regarding toxic, hazardous .and solid wastes and any other pollutants; public and private nuisances; health or safety; and zoning, subdivision or other land use controls. PURCHASER will take all reasonably necessary, .proper or required safety', preventative and' remedial measures in accordance with any and. all relations and directives from the North Carolina Department of Natural Resources and Community Development, the United States Environmental Protection Agency, Health Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt. prevention or cessation (now or in the future) of violations of either the applicable provisions of, such standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder. 17. No.Conflict with Existing Agreements It is the intent of both parties that nothing in this 'agreement shall be construed as conflicting with the "Interlocal Agreement Between the City of Wilmington and the County o.f New Hanover," signed ~J.une 11, 1981, and the "Interlocal Agreement Between the City of Wilmington and the Town of Wrightsville Beach," signed June 11, 1981; and the terms of these agreements -are incorporated herein. 18. Entire Agreement This agreement constitutes the entire understanding. of the parties. 19. Bindintt Effect This agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. 20. Continuing Obligation The parties will make .and execute all further instruments and documents required to carry out the purposes and intent of this agreement. 21. Reference . Use of the masculine herein includes the feminine and i neuter; singular includes plural; and captions and headings ' ~ are inserted .for convenience of reference and do not define, describe, extend or limit the scope of intent of the agreement. i 14 Interpretation All of the terms and conditions contained herein shall be interpreted in accordance with the laws,of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between tt~,ese terms and other applicable provisions, then the more particular, shall prevail over the general and the more stringent or higher standard .shall prevail over the less stringent or lower standard. 23. Immunity not Waived This agreement is governmental- in nature, -for ~tLe benefit of the public, and is not intended.,to be for private profit or gain. Any fees charged in connection with the services hereunder are intended to reflect as closely as possible the CITY's actual cost, and neither party intends ~to waive its sovereign immunity by reason of this agreement. 24. Saving Clause If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, ,such portion shall be deemed severable and such holding shall not affect the ;.validity of the remaining portions hereof. 25. Penalties PURCHASER will be'responsible for paying any fines, fees, penalties,, or costs levied on the CITY by any cognizant federal:or state regulatory agency for violations cited as a result of actions by PURCHASER or any of PURCHASER'S customers. 2b. No Libility for ~'a'iLure It is understood and agreed by and between CITY and PURCHASER that CITY shall not be liable for any failure of the sanitary sewage treatment system of the CITY, except for the negligence of the CITY, its agents, officials, employees, contractors, or subcontractors, and that the CITY shall not be liable, in contract, tort, or otherwise, for any special, indirect, cons<~_.zential or punitive damages such :3s loss of anticipated prufits, loss of use, loss of revenues, lose by reason of plant shutdown, loss of goodwill, or other financial loss. 2.7. Additional Services The CITY, in accordance with N.C.G.S. 160A-312, may but is not required to provide services outside the corporate .limits, therefore-it is understood and agreed that the CITY has no obligation to provide treatment services beyond "those -~_ specified in this agreement. _. IN WITNESS WHEREOF, the CITY has caused this agreement to be duly executed- in its name and the PURCHASER has caused this ,agreement to be duly executed in its name and behalf and its seal affixed and attested to. ATTEST: CITY-.OF IhMI TO NOR /-C.AR"OZINA City Clerk ~ yor ~~, ff,,,-.,,~ APP ED AS T F M: e~t~ ` ~~~; ~ ~ . t' .~~~'~ `, • irk, _.... City Attorney ~y ~. '~+~~; ~ - -- ~: t7:3J ..~' ~' ATTEST: Se etary NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman •.+'' pN0 `R ••'•. Board of Distr tz ~ ' - ~ ~Q\ o~auf~ s ~~ s APPRO AS TO FORM : __ •~ ~~' • t ' ~••'•, fs- ', `W~~ter and Sewei Discric Attorney ~ ~ ~1 t '* j ~ . iyV~~ ° / • We concur: Attest: ~I. Town Clerk i Approved as to form: Town Attorney ~ ~~ ~ • ~. ' ~~yy Town o f W r i g h t s v+i'Y~1~,~'B~~ ph••• •• ~~~•~~~ Mayor 1 f, J STATE .OF NORTH CAROLINA ' COUNTY OP NEW HANOVER ' I , Elaine ~ DeShields a Notary Public of the '. aforesaid state and county,. certify that CLAIRE HUGHES.peraonally appeared me before me this day and,; being by me duly sworn, says that she knows the, common seal of the City of Wilmington and is acquainted with William Schwartz, who is Mayor of the said municipal corporation, and that she, the said CLAIRE HUGHES, is the City Clerk of said municipal corporat-ion and saw the Mayor sign the foregoing instrument, and saw the said common seal of said municipal, corporation affixed to~said instrument by said ..Mayor, and that she, the said CLAIRE HUGHES, signed her name in attestation of the execution of said instrument in the presence of said Mayor of said municipal corporation. WI NESS my hand and notarial seal, this the ~l1~'. day of • 19~~. Not r Pu. lic (S ~,A~L'~""~~,,, I~'~y Cxommission E;cpires March 30,. 1981 ;~~`°~\aE..~esy/~~'; My commission expires: ' ~~. ~~~ ~~~~ lQ I'~~aary ' `~' ~' ~. : ~ ~' ~~ yq••,• ~,.• ~' ~~''~•,~~~FH CO~~,``~ ..,,,,,, • . .r ., f-. ., ~...^ r t. : ~. .. , ... .. .. ~ ~ ... .. ... .. ,. .. . . STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ~%~ ~• 1~~~/~-p-y~ a Notary Public of the aforesaid state and county, certify that LUCIE F. HARRELI. personally appeared before me this, day, and being by me duly ~. sworn, says that .she. knows the common seal of the New Hanover County Water and Sewer District anal is acquainted with CLAUD~ 0' SHIELDS, JR. who is Chairman of the Board of District Commi"saioners; and that she, the said LUCIE F. HARRELL, is the Clerk of ..the Board of said political subdivision and saw the . ~ said Chairman sign"the foregoing instrument, and saw the said common seal of said political subdivision affixed to said instrument by said Chairman and that she, the said LUCIE F. HARRELL, signed her name in attestation of the execution of said instrument in .the presence of said Chairman of said political subdivision. WITNESS my hand and notarial seal, this the /~~{~ day of 19 ~~ Notary. Public My commission expires: My Commissi~ri Expires April 15, 19~R ~~~~ 5. HI/yF~.,,; NpT'~1 ~ Y . ? _ _._• ~ U y;~, ~~~ ~~FR c,0~: v A NEW HANOVER COUN~f SCHOOLS Mr. Allen O'Neal, County Manager New Hanover County 320 Chestnut Street, Room 502 Wilmington, NC 28401-4093 Dear Allen: April 29, 1996 Item #4 Reg_Agenda ~~ ;; I DR. DALE F. MARTIN Superintendent GEORGE W. HANCE, JR. Assistant Superintendent, .Planning, Technology, Operations Attached you will find, as requested, the preliminary analysis of the three sites presented for consideration as a middle/high school complex. The analysis and evaluation was based on the information currently available. The format utilized for evaluation was that recommended by the North Carolina Department of Public Instruction for prioritizing and evaluating school sites. Ideally, time and funds permitting, a detailed site development cost analysis should be conducted for each site considered. The analysis would include: a wetland study, an environmental assessment, soil borings and analysis, complete boundary survey, land use analysis by the county, and a site development analysis and cost estimate by a registered civil engineer. Appraisals by more than one (preferably three) appraisers indicating their assessment of the market value of the property would also be recommended. The three sites have sufficient acreage for the intended facilities, however, the relative configurations, shape, availability to utilities, and location differentiate one -from the other. Site #1 is advantageously. located with excellent road frontage, access to utilities, shape and depth. Site #2 is adequately located, but limited by the shape, configuration, access to utilities, and lack of road frontage. Site #3 is located in an industrial area, and while utilities, road access, shape and depth are adequate, serious long term safety concerns override other considerations. 1802 SOUTH 15TH STREET WILMINGTON, NORTH CAROLINA 28401 PHONE (910) 763-5431 FAX ~910~ 251-6079 Mr. Allen O'Neal April 29, 1996 Page Two Purchase price notwithstanding, Site #1 is recommended based on the evaluated criteria. If you have any questions or require further information please contact me. Sincerely, G,i, George .Hance, Jr. Assistant Superintendent Planning, Technology, and Operations GWI-I/ler Attachments c: New Hanover County Board of Education Dr. Dale F. Martin ..~:~. SITE EVALUATION SUMMARY Size of Situ 5x2 10 4 x2 8 5x2 10 (Inadequate~to Adequate) Shape of Site 4 x2 8 2 x2 4 3 x2 6 (Inadequate to Adequate) Location of Site 4 x2 8'' 4 x2 8 1 x2 2 (Remote to Convenientp Topography and Drainage - 4 x2 8 ~ ~ ~ 4 x2 8 4 x2 8 (Unsuitable to Suitable) Accessibility and traffic 5 x2 10 2 x2 4 ? x2 4 (Obstructed to Accessible) Security and Safety 5 x2 10 ~. ° 3 x2 6 1 x2 2 (Dangerous to Safe) Soil Conditions and Plant Life" 4 ' x2 8 3 '' x2 6 4 x2 8 (Unsuitable>to Suitable) Noise Levels 4 x2 • 8~ _~: 4 x2 8 1 x2 2 (Unsuitable to Suitable) Utilities 5 x2 10 1 x2 2 3 x2 6 (Unavailable- o Available) Costs 3 x2 "-~ 6 ~ ~:": ., , 4 x2 8 5 x2 10 (Expensive to Economical) TOTAL POINTS x 2 86 ~ 62 58 (100 points possible) , SITESUM1.XLS, 4/29/96 O Q X y 7~ p ° C O d A ~ n ~ p ~ O a S a ~ r r 5 t" <. m " ~ A a. o rn c `e ~ c w y P co ~ w ~ ~ ~ ~ "O C CD ~ rn m y N n ' ~ ~ a. ~ c" O S ` O C N~ (D A FBI ° 0 y 0 ° ' $ `~ o $ ~ ~ tn m H ~~ c y ~ c w m y cn a Y y ~ x o V N ~, w ~, o rn v~ ~ y ~ C a m ° O ~. wv.. 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CA:.E~R~6~. 5yy a Q ~ ~• ~§ e5'sLae gpEAA:° ~~`\ ~Q, 's 3¢BS~a*y, EFL?~B \ ~i E ~ x 2~~°~~3.$ og ~ ~SSCcF .~ arCE ~~ O 9~bp~C6 F o A fi ' ~~ ~~ // / ~~ I ~ %~`s -_ _ ~~~ °- qT rC ?s ~~~ ~~. ~ s .~~~ A ~~~ ~ ~~ ~~ o _ / ~\ \~~~~~ o X14 i3 e n~ ^ ~ i ~~ ? 8~ ^~ S^- ~ n ~ M1 ~ ~~ e eg~ o° _ . ~ ~ °~ ~~~ ~`~ ~._ m F.TS ~~ ~ "~ ~~ { .gm l N~[R~ s ^n{{~F .I € d j ~ ~` `` ~ ~~ ~" ~ I ~ / ~ K a is 9 ~i / o /_ --1.~ ~ ~~~ ~ ~, Pye `A' 9 y 4y.5 O ~`i '° .m _ Mzz.%n „ $ I~ p 9ID?3~ :~ @~A C.,~ j ~~ ~` ,~,, ~ft'~~ - - }9ti6-,1996 4/16/96 GTE Mobilnet . 6501 Weston Parkway Suite 100 Cary., NC 27513 ATTENTION: Mr. Jim McCormick - SUBJECT:.. ~ Failure Modes for Poles and a Description of the Design Criteria Site #960' Airport Blvd. Valmont Order Number 12758-96 ; Dear Mr. McCormick: I have been asked to write to you about the mode, of failure for pole type structures used to support cellular antennas and equipment, and give- some information to allow you to judge how remote the chances of that failure occurring would be. I think it would be appropriate to start off by a brief description of the design criteria that is typically used. ~ . The poles Valmont supplies are designed in accordance with the E.LA. / T.LA. 222 Revision E Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures." This is an approved AN.S.I. standard that has dealt with the design of lattice type structures for a number of years. Revision.E is the first version that goes into extensive detail about the design of pole type structures. The provisions of the standard have, as their foundation, provisions of other nationally - known specifications and standards. that have a long history of reliability. This history should be of interest to you considering the hundreds of thousands of sites throughout the United States which have structures designed with concepts spelled out in publications like "The Design of Steel Transmission .Pole Structures" (published by A.S.C.E.), and "Standard 'Specifications for Structural Supports for .Highway Signs, Luminaries and Traffic Signals" (published by A.A.S.H.T:O.). Many of the concepts used to design poles in these two publications are included in the E.LA./ T.I:A. 222 Revision E Standard: The E:LA, / T.I.A. 222 Revision E requirements would dictate in Wake County North Carolina,. a ~~ maximum basic design wind speed of 75 mph and / or 65 mph with 0.5 inches of radial ice. For this design you have specified a 90 mph wind with~no ice or 78 mph wind with 0.5 inches of radial ice. This loading represents an added factor of safety of 1.44 over the E.LA. Standard loading. The wind speed to be used depends on the location of the site within the state. Valmont's policy is to use. the wind loading listed in E.I.A. / T.LA. 222 as a minimum loading unless, as in this case, a larger value was specified. Statistically, the wind speed listed in E.LA. / T.LA. 222 has been determined to be that .wind which has an average reoccurrence of 50 years..This wind is also a "fastest mile" wind which means that it is the average velocity of a mile of wind passing a point. For example, a 70 mph average fastest mile wind would take 51 seconds to pass a point. This standard "fastest mile" wind is customized with factors that apply to the particular installation. There is a 1'.69 gust response factor . imposed in order to account for sudden chapgeg~tin w~ind,~peed, a height coefficient. to account for 4VestHighevay 275 P.U. Sox 358 Valley, Nebraska nII064-0358 U.S.A (402) 359-2201 i ~ ,. ~. ._ . ~ ~ •. ,. ~ ~ •. ~ ,.. ~. '. ., i ~ i ` . 1't. ~ .. 1. ~ ~ 1 .. ~ i ~ i ~ ~ ~ , J I f increasing. wind speed with height, and. an exposure coefficient to account (to some degree) the terrain effects .: The Loads generated by this wind 'and the weight of the members (along with any ice considered) are then-used to size members of the pole. There is at least a 25% factor of safety required under these conditions... This assumes that the wind is blowing from the worst possible direction. Some directions are. worse than others, depending on the equipment attached to the pole, the arrangement, and the orientation. The wind must exceed all .our estimates for magnitude, duration; be at the worst a orientation and overcome the factor of safety.. Let us assume that a pole becomes overloaded. The typical consequence 'of this overloading is "local buckling" where a relatively small portion of the shaft distorts and "kinks" the steel. This does not cause a free falling pole. After the buckle, the cross section of the pole is capable of carrying the entire vertical (weight) load and ~a substantial portion of the load that caused buckling. The pole is likely, however, to be out of plumb.: This may be somewhat dramatic and the buckled section should be replaced. There are 3 mechanisms which prevent the pole from a free fall type failure: First, as the pole distorts - this distortion may relieve the load from the pole either by orienting the pole more favorably in the wind or, if buckling has occurred, by reducing the moment arm of .the wind force. The second _ mechanism involves a redistribution of the stress in the pole after buckling toward the remaining ` portion of the cross section that has unused capacity. The third phenomenon and most important, is the nature of the force being applied. We expect the wind to produce this force. A wind that would cause a buckle would be larger than the basic wind speed, the gust factor, .and the factor of safety combined. A gust. would soon dissipate and,- after this peak wind is gone, the stress in the pole would be reduced. Poles are flexible, forgiving structures which are not generally susceptible to damage by impact loads such as a wind gust or earthquake shocks. It takes some time for the entire structure to "see" the impact ' loading. Even after a local buckle, the pole has significant capacity. It is this capacity along with the transitory nature of the loading that prevents a pole from "falling over. " Pole. design and testing have provided the public with a very reliable product. Poles have gone through ` extensive full scale testing, resulting in a history of being. extremely reliable. The public I think, has been. well served. Valmont has provided structures that have performed well during the earthquakes in California, the hurricanes in the South (including Hugo, Andrew and Opal), and a number of tornadoes. To my knowledge, Valmont has never experienced an in service failure of a communication pole due to weather induced overloading, even though, as in the cases of Hurricane Hugo and Hurricane Andrew, the wind speeds may have exceeded. the design wind speed. I hope this .has helped. Please feel free to call with any comments you may have. I can be reached at 1-800-345-6825- ext. 3739. and will be glad to discuss any concerns you may have. ES~i~r• /,~., ~• rZ~ 1607 ~~= ~,,,,~,~~Sr~P,~,,j~,:: ~~,~/q~ sincerely; ~'I'1 Anthony\~J ~en PE Manager of Communication Structure Engineering Valmont Industries Inc.. ZAPATA ENGINEERING, P. A. ~~ - CONSULTING ENGINEERS ~ ;" September 28, 1995 1VIr. John Weldon BellSouth Personal Communications, Inc. 120 SouthCenter Court, Suite 200 Morrisville, NC 27560. . Dear Mx. Weldon: The purpose of this letter is to offer my professional opinion for the general safety considerations of the design and erection of a monopole cellular tower. The proposed site for the construction of a 160 foot monopole cellular tower is located at the Six Forks site _ on Honeycutt Road in Raleigh, North Carolina. ZAPATA ENGINEERING, P.A. has been involved in the wireless communication business for a considerable length of time and in tower design in particular. We have gained considerable experience with problems quite. similar to the one described above. ;The industry standard for the design of towers is the A.N.S.L (American National Standards Institute)- Standard E.LA.; T.LA. 222, Revision E. This standard has proven to be very conservative. The primary forces which towers are designed to withstand are . wind loadings. To ensure. a safe structure, conservative assumptions are made in specifying the wind loadings a tower is designed to withstand. In addition, a safety factor of 1..25 is specified. The combined conservatism of the standard itself, plus the assumed wind loads, together with the safety factor produce an extremely safe structure.. In our research, we have found no monopoles which have failed due to wind induced forces. ~. It~is important to describe the type of hypothetical failure which a monopole would . experience. As the tower would begin to deflect, it would present a reduced area exposed to the wind. This reduced area will generate a smaller wind force on the structure. The deflection will continue, until it reaches a point where the wind will no longer be able to . - deflect the tower. The attached sketch of such an occurrence shows this graphically. If the forces on the tower cause the stresses in the monopole to exceed the yield strength of the tower,~a permanent deflection will occur causing the tower to remain in a leaning position even with no forces exerted on it. In fact, the wind forces required for this failure to occur would most likely destroy other structures in the vicinity of the wind storm, before actual damage occurs to the tower. Telephone (704) 358-8240 Fax (704} 358-8342 1100 KENILWORTH AVENUE, SUri'E 104, CHARLOTTE; NORTH. CAROLINA 28204 ~_ lei `a 'z z. 't~ `r k~ "~ ~,, :~t ~~', 3, 1~ 41 {i'. ~: ~. " F. r. { ~i I i .~. .~ 't ,' ~ ., ', - ~ .- i ~ ~ ~ 7 ~ f • ~ i .. .. 1 ~ ~ .. ~ rl..~ . ~,. Mr. John Weldon September 25, 1995 m . Page 2 I have discussed this hypothetical situation with several designers of monopole towers and have yet to hear of a failure which has left a monopole in a deflected position (such as in the attached sketch). In my professional opinion, if monopoles are properly designed, fabricated, and erected according to industry standards, these towers are not a threat to any persons or structures in their vicinity. ~ ~ ' Kind regards, ,,,,,~~,~,~,...,,, 6 ,`~°~ CAROB'%,~~ u . ~ •• . Z% sEa~~`'• _ Jo B. Reeves, Jr., P.E 3785 Chief En ineer ~ ••. F .••J ~ State of North Carolina '-."0,5; •".c:"~~ ~ ,. . - , '•.,, N g RED ,.~`~ ` License No. 3785 ~~.,,,,,,,,,,,•~` - i Enclosure ~ i i . ;, i . i ; j ~: I I _ ~ E a ~,A i. f . J t ~i,4 1, ~. l i ', * it ~ ~. i 1. . ~, ~ ~:_ ~~ ~~ ~ - i ~. ,. ,. ~ ~ ._.. \~~ `~~ ~ ~ Wind Shear ~. Ems. ~, ~ ~~ ~~ ~ i .. I ~ ~ ,. ~ . ,. - ;~ ~ ~ I .,, r ,, ,, . ,, ~ ~ \ ~ ~; , ~ ~~ ~~~ ~I ~' ,, E~ ,, E"I ,~ ~~, 160 ff. ,, h~ ~'- ~ I ~~ ~~ - ~` ~ i ,, ~ I ` , ~ ~- , ~' • ,, ~i I ~. , ,~~ i ~,~ ~ a ~ i 1 ~~ _ - 1 - i ~ I !' .. .. 1` I j~C ~:~ i ZAPATA ENGINEERING,. PA. ~ Note: Monopole structures have not. - i . Charlotte, North Carolina been known to collapse. However, BELLSOUTH ~ severe winds may induce d permanent ! deflection in the structure. This . Personal , Communications _~ permanent deflection .may be os much `forks Site, N.C. '' ~ as 30° from the vertical. ----- y,I ~Aternber 28. 1995 - Proj. No: 012583-950161 ~ I j ~~ ~_ r~ '^£ ~~ a ;cky ~` f~ ~_..~ ~~ ~ -4~.s'i5 ~-",~~~,.."~ "3~~ '~ r ~" ~'~ ~, a ro x..,~'` -'9 :. ;~,"~~" }"T ~~"`,.~.h~f,,~'T~s`. -mss' ~ 'F' ~ r n ~? -ate, ti ~ `?,w ~-~~ "'~ - E :w ...~ .- „_. ,_ -. ~. ~. ,~ . .y z g'' . 4 .. .. _ . K. , . . . . . .. a .,. ,. ,,: •. ~ :' -. • • ~~. . . .. ~~ NEW HAlYOVER COUNTY WATER A,ND SEWER DISTRICT , . • ASSEMBLY ROOM, NEW H.AIYOV'ER COUi`+'TY COURTHOUSE • ' z4 NORTH THIRD STREET, ROOy1301 '•: WILMINGTON, ~tC • .~ •. TAY 6,1996 6:30 P.IvI. . . ' ITEMS OF BUSIi`IESS PAGE NO. ute i ' i h L IT S D E _ n s) t t ree m im EM ( N A 1. NON AG :•~ ~' 2. "Approval of Minutes _ : • .. ... . 8~ • . 3. Consideration of•approval of Sewage Treatment Contract ` $7 . City of Wilmington Contract Number 96-0319 ~. 4. Consideration of Sewer Condemnation r . ~ • 103- • ... • ADJOURI~1 ., • - • ~. _ Y _ .. ' • •. ,. • ,~ .... .. ~. , . '. ~ _ _~ . . . • .. - 83 . ~.. ~ :• ~ . This page intentionally left blank ~.. r ., y 1 ' ' t 84 ~.~~ Approval of Water and Sewer Minutes ' ~.. . BRIEF SUMMARY: Approve the minutes of Apri1:15, -1996 ~~ ~; r ~ - . RECOMMENDED MOTION AND REQ UESTED ACTIONS- APProve minutes ~: ~, FUNDING SbURCE: . ~! Federal S: State S ' C t S ~ : ~ • oun y : . User Fees S: Other S: Money Is In Current Budget: ,'Yew Appropriation Request: Budget Amendment Prepared: . . ~~ REVIEWED BY: . r. LGL: FIN: EUD: H~: i~ ,_ COLTNTY-MANA.GER'S COMMENTS AND RECOMMENDATIONS• ~ ~ . .COUNTY ~MMiSSit3N~RS' APPROVED fl ~. . REJECTED . t7= . . ~ . REMOVED . O QQ . r ~ J U ~OSTPON _ D SATE , 5 ~' Refei fo Office Vision Bulletin Boazd fot Dis sition _ ~ ~ 1 .'. f .~.+ This page intentionally left blank 8~. ..~ ~. ~r 5 i.; ~., ~ :~ t ~ M t t~` 4~~13 L }(}( t 1 ~~~~ N+,.allyly?ply:',. L~~ ` ggccJr~ Ta ~' Regular Item #: ~ W&S#3 ~ Consent Item #: Additional Item #: De artment; NHC Water & Sewer District ~ Presenter: W att Blanchard P Y Page Count In Agenda Package: Contact: Wyatt Blanchard " SUBJECTr ` Consideration of Sewage. Treatment Contract/City of Wilmington Contract Number 96-0319 BRIEF SUMMARY: . City, and County, staffs have had numerous meetings over many monthsao'work out. a contract which would • "allow the District to utilize the unused capacity in the City's Northside Wastewater Treatment Plant until -it:reaches ninety percent. When the ninety percent capacity is~reached the City and County will jointly proceed with the expansion and. upgrade of the City's plant. It is'anticipated the expansion will occur in four " to five years. A copy of the draft contract'is attached for your review: The final page reflects, in 1996- . dollars, the estimated cost of a 4 mill'ion' gallon expansion and also the proposed proportional cost between the. City and the District. ~ - ,' •~ ~ ~ " - RECQMMENDED MOTION AND REQUESTED..ACTIONS:.. -Staff recommends approval of the contract with authorization for the Chairman to execute the agreement. .. ~, ~: , .. FUNDING~SOURCE ". .' ._ . ;; Federal S: State S: County's: User. Fees $: ` ~ Other S: • Money Is In Current Budget; lYew Appropriation Request: - ` Budget Amendment Prepared: l,~l , .. " •~ REVIEWED BY: j , . _ ,, LGL:. ' : FIN: N/A BSHELL BUD: HR: C UNTY MAMA ER's MM~ENT AND.RE MMENDATI N - ~~ . Recommend a royal. , . _• PP .. ", .. - . -. CQUNTY COMMISStON~RS " , REJEeTE REMOVED Q> ' , ,~ PosTPoN~D ® ~~~~ ~~~g:7 Refer to Office Vision Bulletin Boazd for Dispos' ion ~'`~ ~ ~~ , ~-~ 5~~ , ~~~ ~~ i~e~ -~ - ~ S DRAFT'S n .. _. _ - } New Hanover County Contract # 96:0319. ' STATE OF NORTH CAROLINA - - •• - COUNTY OF NEW ~HANOVER . _ _ ' , -. SANITARY SEWAGE TREATMENT CONTRACT - ' BETWEEN THE CITY OF WILMINGTON, NORTH CAROLINA AND THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT., ~~ ,.. . , . . ,. - ,,;. ^• ..; THIS«CONTRACT for the treatment of sanitary sewage is entered into this the day :; of ,. , 199_,. by.and between the CITY OF WILMINGTON; a municipal . , corporation, of the State of North Carolina (hereinafter referred to as `'CITY") and NEW HAN.O.VER COUNTY WATER AND SEWER DISTRICT, apolitical subdivision existing under the laws of the State of North Carolina (hereinafter referred to as "DISTRICT"); WITNESSETH: WHEREAS, the City and the District have previously entered into an interlocal • , ,,, agreement for treatment of wastewater in the,southern portion of New Hanover County; and WHEREAS, the City owns and operates the Northside Wastewater Treatment Plant with a present hydraulic rated capacity of 8.0 million gallons per day (MGD) average design flow, and currently capable of serving the present customers of the Ciry's system for eighteen (18) years, but is not capable of meeting the total additional number of customers to be served by the District in the northern part of New Hanover County for more than six (6) years; and WHEREAS, the governing body of the County organized a corporate body in' 1,983 under the laws of the State of North Carolina, called the New Hanover County Water and Sewer . District (referred to as "DISTRICT") to represent the proposed sewer customers within the ; northern portion of New Hanover-County;. ,;. ~ : ,. NOW, THEREFORE, in consideration of the foregoing and the mutual benefits inuring to the parties hereto, it is hereby .understood and agreed as follows: ~~ ~ ; ' . ~ .. '1. Agreement Supersedes Previous Agreement. This agreement supersedes Contract No. 92 - 047, dated February 12; 1993; as ' amended, and the pnvilM1e~es :yid responsiblities of the respective parties as stated. in that contract are hereby terminated ~ ~ ~x ~4'z#ua4~~ts~8 ~~ ~` 4~~~r~'~~ P ~~ ~ r,~~wl~~~ 88~ ~~ r~~t,>~ ~, ~~'fl~~ ~" _+.i i a is y , i;a ,+ {~a ~ ~ '`~~ . ,, .. ... .. . , ' ..._ .. ~. - ~ ~. . ~. ~ ~ u .. 2. Purpose of Agreement. , • The purpose of this, agreement is todesignate responsibilities of the City and. the District concerning the expansion of the City's Northside Plant, or construction o€ a-new plant, ~.~, - and treatment services. for the. District's-sanitary sewage entering the..City's Plant from the District's sewer collection system, both before and after;the completion of the expansion. ' . 3: -Definitions. , . - - . ~' ,.Unless the contract specifically ;indicates otherwise; the meaning of .the following terms used in this agreement shall be as follows: "Plant Construction" is the project administered by the City, `pursuant to ol~cies ' P and procedures .mutually agreed upon by City and District and after consultation with the District, in accordance with terms of this, agreement to.physically ~ ; improve the Northside Plant through design and construction contracts, and other r- • - necessary.means,: in order that upon completion the Plant can safely, reliably, and.. .. effectively treat aminimum-total average daily flow of twelve (12) million. gallons. per day.. _ - , ~~ ~ `.`Plant Expansion" is that part of the Plant Construction in new facilities-or ~ ; expansion of Plant facilities which are built after the date of this contract which is ` ~. necessary to-meet an:objective of.increasing the allowable.average hydraulic flow ~, • •° . of wastewater through. the. Plant•from 8.0 million gallonsper day to 12:0 million - gallons,per day pursuant to DEM~ pararrieters. ' •~? "Plant U rade" is that art of the Plant Construction in new. facilities r Pg P , o ' ~ expansion'andLormodrfication of Plant facilities which are built_after the date of . this:contract which is necessary to improve he~treatment effectiveness, and assure he safe and reliable treatment of up to an average flow of 8.0 million gallons per day... _ ".. . .. _ • .Shared Construction" is that part of the Plant Construction for which'the rationale of its design can not be defined exclusively to serve the objectives of-the. Plant Expansion, or serve the objectives of the Plant Upgrade, but .instead is ~ .:. - ~ designed to satisfy the: objectives.of both the PIant~Expansion and Plant Upgrade, and is constructed physically as one :for the benefits ofeconomies-of--scale or ease of future operation..... • . ~~ .. . 4. Responsibilities of the City. _ , A~. Treatment Services. ~ ` In providing treatment services to the. District, the City wilt assume the responsibilities and perform the duties inclusive of, and limited to, the fo'l'lowing: (1) To furnish treatment services to District during the term of this contract or any renewal or extension thereof, at a point of reception located at the City's Northside Wastewater Treatment Plant on 23rd Street, ~for'up to the following average daily flow quantities of sanitary sewage: Priorto completion of the Plant Espansion:• . ~ 8,000;000 gallonsper day: After completion of the Plant Expansion: • 12,000,000 (minimum) gallons per day Average daily flow shall be defined as the arithmetic. mean of the total flow for any sixty (60) consecutive day period,, in gallons per day. It is understood and agreed that the quantities stated above are the maximum for the relevant periods specified; and that quantities less than these maximums may be received and treated by theCity. Emergency failures of treatment .due to main breaks, power failure, ~flood,'fire; earthquake or other catastrophe shall excuse the City from treatment requirements'stated herein foc such reasonable period of time as may be necessary to restore service. ~= (2) To treat effluent in accordance with guidelines established by the EPA, so that all discharges from the City's treatrrient plant into the Cape Fear River will .meet the effluent limitations imposed.upon the `City by'the EPA and" DEM under its operating permit. " ~ ~ _ - ., (3) To maintain records in sufficient detail to allow a determination of the costs of treatment of sewage at the Northside Plant in order to charge the fees more particularly described ., hereinafter. The City shall provide all records referer-ced herein acid shall submit a summary and "~ -• all supporting documentation, as requested by District; showing computation of fees stated in paragraph •S.A of this agreement to the District on an annualbasis. • ~ • a "" (4) To notify District at any time it'may appear to City that the necessary metering . , equipment is not functioning properly, and further, to test and calibrate such meter(s). (5) To review in a timely manner all requests by District for treatment services for quantities in excess of those established in subparagraph (1) of this section. 9.0 ~ 3 ~ - ~ (6) To review on an annual -basis the. fees charged for these services,-more - - particularly set out hereinafter, and to rovide`to District b Ma 1 of each 'ear the estimated ~' P Y Y Y. - ; ~ fees and by June,1 of each year the fees to be charged for treatment services beginning July 1 of ' . ~ that year... ,' . .~ . -. (7) To review in a timely manner all applications for-permits for industrial ~ ~. ,customers pursuant to the Sewer Use Ordinance in effect in .the respective jurisdiction of District. The Ci . ty shall review.and may approve all permits to industrial users ofDistrict, which shall meet any,wastewater service subscriber that discharges into the District Sewer System arid, , thence to the City sewage treatment system, sewage having the characteristics: ofindustrial ' wastes, as distinct from domestic wastes and having a BODS and/or total suspended solids (SS) or chemical or other constituents different from standard strength domestic waste..The City ` - agrees that approval of ermits.to industrial users or customers as above defined shall not - _.. P be unreasonably withheld and•shall be consistently reviewed. Since the City is ultimately ..'~ responsible for the operation of the treatment plant, the City sfiall exercise sole and ultimate ' discretion with regard to approvaUdisapproval of permit applications, and the District hereby :,: guarantees to assist and cooperate with the. City to that end; provided, however, that the City ~ shall maintain and operate its treatment plant in accordance with the state of the art of the i'ndust ; as it shall be determined b the arties hereto t e rY y p o xist from time to time, and provided further that the.City shall- make all improvements to -its treatment plant as from time to time shall ' . be necessary to operate its treatment plant in accordance with the art of the industry and/o"r to process, in compliance with all federal, state, and.local Laws, statutes, ordinances, regulations or-~ - ` ; other provisions, influent which enters the plant for treatment. , ~~~ ~ ~ - '- . B. Expansion of the Northside Plant. ~ - - .. ~ " ~/~ ~ - In ex andin fhe.Northside Plant the`Cit" will as u - P g y s me the responsibilities - and :perform the.duties inclusive;of, and limited to, the following: ~ ~ . 1 ,To administer ursuant to olicie a d ~ . o . O , p p s n procedures~mutually agreed upon by - - City and District, and after consultation with the District; the, design, regulatory approval,. ~. ~ , biddinj, and construction.ofan expansionto the Northside Plantfrom a otaI average design flow of 8 MGD o a minimum average design flow of 12 .MGD; and shall complete the following . ~ items on or before such time that.the Northside Plant. reaches ninety percent (90%) capacity: (a) all perm-its and approvals required to authorize City to construct and operate all elements of the Plant Expansion; and {b) all~testing or other preparatory measures deemed necessary by City prior to construction and operation of the~Plant Expansion. '~ . ' . (2) To provide for'the District's participation in the selection of professional services for the design of the Plant Construction, and to obtain the approval. of the District of the ..final design and of any change orders prepared during the construction phase: The City shall . ~ ` A . 4 91~ . permit the District to be represented in all:decisions regardingthe design,and construction of the Plant Construction which affect the District's financial responsibilities under this agreement: • . , (3) To operate and maintain the entire Northside Treatment Plant(s), including the expansion upon its completion, in accordance with approved manuals and regulatory standards of State and Federal agencies. ., .. , . • .. .,. (4) To approve payments to' contractors performing work"for the; City on the Plant Construction only,for work completed in accordance with design documents approved bye the . District... ,. . : ~, -: , . (~) To provide District with receippts for all sales tax,payments made on'the Plant Construction. by City and City's contractors,-subcgntractors, and agents. ~.. Responsibilities of the District.. ":.' . ;-, ~ . A. Treatment Services...:. . ~ In connection with treatment services provided by the City..the District will. assume the responsibilities and perform the duties of,.and limited to, the following: ~. . ~.+ : . • •. (1) To pay~prornptly all lawful charges due upon"receipt'of statement(s) to be rendered by City. ., - ; .. (2) The District agrees to require permits for all industrial users as defined in Paragraph 4.A(8) above and to make information available to City and enable City to complete its review of the permit application. In addition, District will design or-alter its sewer collection system to enable either the District or the City to mechanically cut off customers who dump . materials in the system that are, either harmful or injurious to the City's sanitary .sewer system or treatment plant and facilities or that would.cause the City to be in violation o€the various state or federal environmental regulations governing the treatmentplant. It is understood by the.parties hereto that mechanical cutoff of customers above.referenced shall be"provided and carried out in the same manner that the City currently. provides for its industrial customers, and ahis provision ~~ does not,require placement of a valve or other.cutoff device on each conventional.dornestic or commercial customer service line or tap. ~ Fee mechanisms.shall be implemented to permit the ~ ' , City to recoup, from users requiring industrial permits, City administration costs. . (3) To do everything reasonably necessary to control the quantity and quality of effluent entering the City's treatment plant and to take' every reasonable precaution to prevent jeopardizing the City's ability or capacity to treatall.sanitary sewer flowing through the-District _ Sewer System, regardless of its so:urce..- Nor will the District.by~ actor omission'do anything - 92 , ~ ~ ~~ ,.. ," .. .., ~. ., .- ., _ .. . ... , ._. i " v " .. - - f .'' " which will adversely affect the City's NPDES permit for the Sewage areatment plant or subject the City~to enforcement action by any federal or state agency charged with"~ rotectina the P environment. District specifically agrees that all material entering~the Ogden Interceptor for ` treatment at`the Northside Plant. shall have been promptly collected and transported to said ~ " ' ~L , facili and that no material will be held stored or otherwise deliberatel tY, y allowed to ,become ~. more septic than material normally collected and.transported for treatment.. ~(4) To provide to City,not Iess frequently than annually a report ofthe number and , ' type of customers served by District and provided treatment services under this. agreement, such .report to categorize customers as residential,.comrnercial and industrial, and.to include service ~`/' addresses for all'comrnercial and industrial customers: In addition, ~in support of any application - by District to City for additional treatment services beyond the quantities specified in this • agreement, the D,isfrict agrees to provide a system plan for such ex ansion iri su~cient.detal for P the City to determine the additional treatment services required. , . M, .. ' . _.. B. .Plant Expansion or Construction. _. ~ ~ . .. In connection with the expansion of the Northside Plant,. the District will assume the responsibilities and perform the.dutiesinclusive of, and limited to, the following: .... . ... l T©--de~i . ~, ~, O ~~a~-to~epf~s~r~t-•the District who.shall have'the authority " .(on-behalf of the. District) to approve all~matters of design and construction of the Plant.: Construction, to include all final design plans and specifications and change orders. ~~~ tl ~' ~ ~ _ (2) To-make payment to the Citywthin ten (10) days of receipt of a copy of ' invoices from. the City .on all invoices related to the Plant ,Construction. " ~ ~ - (3) The District has budgeted and appropriated necessary funds. ~. ` ~.. n 6. Eees and Pam - y ents for Treatment Services. . .; ,. ~ . ,, . ti~, .Each party will payall necessary personnel,. administrative, legal, operating; • repair, and capital costs associated with the duties and responsibilities assumed and performed by ' ` such party in connection with the treatment services provided.under this"agreement. 'The, fees to be charged by City to District-for treatment services shall be established as follows: ' o- ~ ~ A. Basic treatment services fees shall cover operational andmaintenance costs Y , r - and shall be prorated between'the City and Distrct,based on actual volume treated for the District and City. Said•fees shall consist of the items of cost incurred by City in the operation and ` maintenance..ofth~ Northside Treatment Plant, including, -but not limited to, salary, wages and - other com ensation for wa es• su envision and' tannin " " lus ve hea P g P p g, p o r d, reasonable rental on all 6: ~ ~ ~ 93 ' ~~ ~ - ~ _ City owned machinery or equipment; .rental paid for all rented,machinery or equipment together with the cost of an operator thereof when furnished with said machinery or equipment; the cost of all,machnery;and supplies furnished by the City; reasonable handling charges; capital outlayt purchased specifically for.the purpose of resolving operation grid maintenance needs or , .. . problems; _and all additional items of expense incidental o the performance of such.function or service. This fee shall not include the City's. expense directly borne. for the,Plant Upgrade-and. . Expansion, or any debt service thereof. The District and City shall be responsible separately fromservice fees for the payment of all respective debt service ,incurred. by either the District or the City,. respectively, for engineering or construction of the Plant. ~ . Billing to District shall be based on customer billing information provided by ' ~ . District.: City and District will mutually agree upon inflow and~infiltration quantities.based~on sewer flow. The City, agrees to read meters in the mannerprescribed in an agreement among the City and District, to furnish appropriate staternents~of metered sewage treated and charges owed therefrom, not less frequently than bi-monthly. City and District shall be allowed to have representatives present at the time meters are read.. ,Total flow for the. Plant will be measured by reading the influent meter. The District may inspect and verify the City influent meter. .,, ~B. Debt.Service for. Plant Expansion.or Upgrade: Districtshall either arrange its: own payment for capital costs or, at its.election, participate with the City in paying apro-rated share of~total debt service. 1 - - . ~ ~ -=- C. Sewer use 5urcharges{shall be applied as needed for industrial and commercial customers under the City's pretreatment program, such charges to District customers to be the same as:the City's fee schedule for City's. customers..,;~The District will assure that all customers comply with the City's Sewer Use Ordinance: ~ ' , .. ~ :. .. 7. Payment Responsibility on the Plant Expansion-and Upgrade or"Construction. The District shall be responsible for payment for all engineering. and construction work necessary for the Plant Expansion as defined in Section 3. The City shalt be responsible for payment for all engineering and construction. work necessary. for..the Plant Upgrade. Payment for shared construction~shall:be split proportionally, .based on-flow capacity, between the•~City and District. The Districtshall not be responsible to the~City for any payments representing land costs .- ,-~' ' .: .. .: 8. Ow-nership•of.Plant Facilities. - . _ ~ _ , ,; u. Within ninety (90) days of the completion of the .Plant Expansion or construction, the City shall convey to the District title to an undivided proportional interest in the Northside Plant.. Provided, however, at the time of completion, if mutualiy.agreed to by the City .and ~ .' 94 , v9 . _ - .` , ~ - 1 District, the.percentage interest in the Northside Plant to be conveyed to District may be ~' , determined by dividing the total construction costs paid by .the District by the total value of the Y NorthSide.Plant at the time, of completion.. The total value of the, Plant shall be determined by an ~~ independent appraiser. In the event the parties do not desire a full appraisal, the total value of . ~., the Northside Plant shall be assumed to be twice the total construction cost of the Plant ~~, ;Expansion plus the value, as determined by an independent appraiser, of (a) all real property ~ . constituting theplant site; (b) the chlorine building and all contents; {c) the administration :building and.all contents: except instrumentation and controls for plant equipment; and (d) the structure of the digester building and the structures of the sludge storage tanks. The,cost of any . . ..independent appraisal shall be shared equally between the .City-.and District. ~ • -. ~ ._ .., ~, ~ 9: Se~taee and Grease. - . ~~ - A septage.and grease facility, to be situated on the Plant site; will be designed and constructed concurrent with Plant Expansion. Designs approval will be by mutual agreement of City and District. _ The District shall be responsible for seven =five 75% ercent of deli nand ty . ~ .. ) P g construction costs for the septage'and grease .facility with the: City responsible for,twenty-five ~/ (25%) percent of said costs,. The City shall operate and maintain said facility. User Fees shall _ . .~. be based to recover only operation and maintenance costs, through.mutual.agreemem between r ~ the City and District, ~ . ~ , . _ w `. • 10. Future Agreements. ,~ ~ 10.1}$upplementa~l Agreements. This a reement in no wa rohibits the Ci . , . g y p ty and District,from negotiating and ; ,~'. engaging in future financial agreements after the completion of the P ant Expansion should. • • environmental"regulations, state-of--the-art technology,. or other related' factors require or make ~• desirable a further upgrading of the Plant facilities:.. ` . 10.2 Re uIatorv~ Impact. ~ ~ ; • - In the event that more restrictive environmental regulations reduce the.effective capacity •. .. of.the expanded plant to less than 12.0 MGD,.as determined by a registered professional enguzeer.~. '• having expertise in the wastewater field and jointly approved for such assessmenfby both City .;_ ' ; and District, the City and District may amend this agreement to reduce the allocation stated in • Section 4A (1~) of this agreement. Such reduction may be made equal,to the proportional amount f ~ - . ~~ of plant capacity allocated to each party hereto, of the total amount assessed. If he District or City desires to have any reduced capacity restored and is willing to•finance he necessary plant. improvements to restore, the,ahocation as of the.- date immediately prior to the adoption of new . ~, . regulations; the District or City shall.agree to schedule and construct such improvements within a ~~ . . ~~ .. reasonable time period. ' 10:3 Additional Pump Station. ~ ~ ' The Kerr Avenue pump station serving the Ogden Interceptor will be designed to ' accommodate the future Spring 'Branch outfall. ~ ~ ~ - - ' •'10:4 Purchase of Additional Capacity. ~ ~ ' The District or City may elect to purchase a portion of the other party's unused 'capacity, at a mutually acceptable per gallon price. 11. Term of Agreement. • ~ ~ .. This contract shall- become- effective upon execution of this agreement and shall ` extend for a term of twenty (20) years thereafter. This contract may then be renewed or extended for such term, or terms, as may be~agreed upon.by the City and District. 4 - • 12. Termination of this Agreement. ~- ~~ ~ - 12.1 Termination without Cause. This agreement may be terminated without cause upon mutual agreement of the parties hereto. -~ 12.2 Termination for Cause. ' ~ If either fails to keep and perform each and all of the covenants contained herein then and in that event, the other party, after notifying'the nonconforning•party not less than thirty (30) days in advance and upon the failure of the other party to comply within such period, it may at its option either terminate the agreement or maintain an action im a court of competent jurisdiction for damages, specific performance, to injunctive relief. It is agreed that either party's failure to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, of the- acceptance of any performance'during such breach,-shall not constitute`'a'waver'ofcny rights under this agreement. ' 12.3 Purchase of Exclusive Interest in Title. '°~ ~ ~ - ~ ~ - ` ' In'the event this agreement is'terminated; the City shall purchase all right, ~,., title and'interest'of the District in the Northside Plant: The value of the District's interest in the Plantshall be determined from the District's percentage of interest'and the total appraised value '' ~ 96 9 ~,_ ~' ~ ~ " ~` of all real. properly, structures and.equipment encompassing.the Northside Plant. The appraisal shall be performed by an independent appraiser within ninety {90) day's of the date of :. . termination. The cost of such appraisal shall be shared equally between the City and District. , t. ~. '~ X ~ ~ . 13. Amendment of Agreement. ^ ." • "This agreement may be amended; or modified upon mutual agreement of the'. "...,respective parties, provided that any such amendment shall be reduced to writing and executed . by both;parties, ~. : ,. . ~. 1,4. Non-Assi nabilitX. " _ . `. u -> ~ The rights and. duties under this agreement shall not be assigned by any of the parties without.the written consent of the other. 15. Conflic .. t of Interest. ..:. - ~ . , . No aid e p" mployee of the-City or"District shall have a personal or financial ~` .: interest, direct or indirect, as a contracting party or otherwise,.in the performance of this - agreement. ' ' , .~~ 16. Notices: •: ,. - - .. _ .. ,~~ ~ ~ All notices, requests and other communications hereunder shall be in writing and . ~ shall be deemed to have been duly given if delivered, or mailed first class, postage prepaid; addressed• to: ~/ • . . _ . .~ . A. City . B. District: .ri. ,.. .~ _ 17. Assurances. . The parties hereto will comply with any and all applicable federal, state and local standards, regulations, laws, statutes and ordinances regarding :toxic, hazardous and solid wastes " , and any other pollutants; public and private~nuisances; health or safety; and zoning, subdivision or other-land use controls. The parties hereto will take all reasonably necessary, proper or ~~'~ required. safety, preventative and remedial measures in accordancewith any and all relations and directives from the North Carolina Department of Natural Resources and Community `~; Development, the United .States Environmental Protectori Agency, Health Departments, and any other federal,'state or local agency having jurisdiction, to insure the prompt prevention or . - 10 ~ ~ . 9~7 cessation. (now: or in the future) of violations of either the applicable provisions of such - standards, regulations,:laws, statutes, and ordinances or any permits or conditions issued . - thereunder:. - ; . , 18. Entire Agreement. This-agreement~constitutes the`entire understanding of the parties. .. . ~ . ~. 19. Binding Effect. . - This agreement shall be binding upon the heirs, successors;,-assigns, agents; officials, employees, independent contractors, and subcontractors of the parties. a _~ . 20. Continuing Obligation. - - - . . The parties will make and execute all further instruments and documents required to further the purposes and intent of this agreement. 21. Reference. - ~ .- .. Use of the masculine herein includes the feminine and neuter; singular includes plural; and captions and headings aze inserted for convenience of reference and do not def ne, describe, extend or limit the scope of intent of the agreement. .. 22. InterQretation. .' - All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standazd shall prevail over the less stringent or lower standard. 23. Immunity not Waived. This agreement is governmental in nature, for the bene""fit of the pubIic;:and is not intended to be~ for,private profit or-gain. Any fees charged in connection with the services- -. hereunder are intended to reflect as closely as'possible the City's actual cost, and neither party `~ intends to waive. its sovereign immunity by eason'of this agreement. f "~ 98•, 11~ ' . '~~. ~ ~. ~.._ ;~ ~4. Saving Clause. ~ - ~ ". If any section, subsection, paragraph,;sentence, clause, phrase or portion of this - ~,. agreement is for any reason held irivalid, unlawful, or unconstitutional by any court of competent f~". jurisdiction, such:portion shall be deemed.severable and such holding:shall not affect;the validity ~~ . ~ ~ _ of the remaining portions hereof ,. •, .. ~ . ~. ` 25: Penalties: ,.. . Districtwil:l be'responsible for paying any fines, fees, penalties, or costs levied on • . the City by -any cognizant federal or state regulatory agency for violations cited as_a result of ~_ { actions by District. . .. . City will be responsible for paying any fines, fees, penalties; or costs levied on the - District by any cognizant federal or state regulatory agency for violations cited as a result of . "' actions by the City: - . ~• 26. No Liability for Failure. IL' _, ~~ It is understood and, agreed by and between City' and District that .City •shall hot be liable for any failure of the sanitary sewage treatment system of the City, except for the ` ~ ; . negligence of the City, its agents, officials, employees, contractors, or subcontractors. ,~e' , . 27: Additional Services: .' .. The Gity, in accordance with N.C.G:S. 160A-312, may but is not required to ~~' . . .provide services outside the corporate limits, therefore it is understood. and agreed that the City has no obligation to provide treatrrient services beyond those specified in this agreement. ~ ` ~j ~ .. IN WITNESS WHEREOF, the City has caused this agreement to be duly ~. executed in its name and the District has caused this agreement to be duly executed in its name ` and behalf and its seal :affixed and attested to. ~ _ New Hanover County , t ~ [SEAL]. - Water and Sewer.District '~', oATTEST:~ ~ E. L.Mathews, Jr. °. . _ ~ ' . Chairman }, ,~ .. , ` ~" Clerk'to th e Board. - ~99~ ry . 1.2 ~, 1 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. - ,APProved as to Form: County Finance Director. County Attorney • ~ ~ ~ ' • City of Wilmington City Clerk This instrument has been pre- audited in the manner required .. . by the Local Government Budget and Fiscal Control Act. Approved as to Form: City, Finance. Director .. City Attorney STATE OF 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 Water and Sewer District, and that by authority duly given and as the act of the District, the foregoing instrument was signed in its name by its Chairman, Q 13 Expansion and Upgrade to James A. Loughlin WW-fP to 12 MGD (As provided by the 1996 Evaluation by Black & Veatch) City County Ex ansion of 1NWrP Pro'ected Cost Percenta a Amount Percenta a Amount Abandon Trickling. Filters 50,000 33.33% 16,66 7 66.67% 33,333 Upgrade Intermediate Pumping Station 50,000 0.00% , 0 100.00°/a 50,000 Aeration Basins (One basin) (1) 500,000 -33.33% (1.66,667 ) 133.33%° 666,667 Additional Blower Capacity 100,000 -33.33% (33,333 ) 133.33% 133,333 Final ClarifierDist Box 50,000 • 0:00% 0 ' 100.00% 50,000 Final Claririer Tertiary Filters 800,000 950,000 0.00% 66.67% 0 633,333 100.00% 33.33% 800,000 316,667 UV Disinfection Facilities ~ 450;000 66.67% 300,000 33:33% 150,000 Modify Effluent Pump Station Gravity Belt .Thickener Electrical 8 Instrumentation 100,000 150,000 480,000 0.00% 0.00°/a , _ 0.00% 0 0 0 100,00% 100:00% 100..00% 100,000 150,000 , 480 000 General Requirements 480,000 0.00% 0 100.00% . 480,000 Total Construction Engineering, Legal &Admin (25%) 4,160,000 1,040,000. 750,000 187,500 3,410,000 852,500 Contingency (15%) 624,000 1,12,500 511,500 Total Expansion 5,824,000 { { 1,050,000 { ( 4,774,000, City/County percentage 18.03% ~ 8y.97% U rade of VWIrfP { Nitrification Aeration Basins (Two Basins) (1) 1,000,000 100.00% 1,000.000 0.00% 0 blowers 100,000 1'00:00%~ ~ 100,000 0.00% -0 Alkalinity feed System 100,000 66.67% 66,667 33.33% 33,333 Electrical ~ Instrumentation _ 1.70,000 66.67% 113,333 33:33% 56,667 General Requirements 170,000 66.67% ;. 113,333 . 33.33% 56.667 Total Nitrification 1;540;000 ~ ,1,393,333 146,667 Tertiary Filters _ Filters 1,900,000 66.67% 1,266,667 33.33% 633,333 Electrical ~ Instrumentation 300,000 66.67% 200,000 ~ ~ 33.33% ~ 100.000 General Requirements ~ 300,000 66.67% 200.000 ~ 33.33% 100,000 Total Tertiary Filters I 2,500,000 1,666,667 833,333 Reaeration _ ,. - _ Add Diffusers to Cholorine Contact Basi 20,000 ~ 66.67% 13,333 33.33% 6,667 Air Compressor 80,000 66.67% 53,333 33.33% 26,667 Electrical 8 Instrumentation 15,000 66.67% 10,000 ( 33.33% 5,000 ~ General Requirements 15,000 66.67% 10,000 33.33% 5,000 Total Reaeration 130,000 86,667 43,333 UV Disinfection Facilities. 1,600,000 66.67% 1,066,667 33.33% 533,333 Total Construction 5,770,000 ~ 4,213,133 1,556,667 Engineering ,Legal 8 Admin (25%) 1,442,500 1,053,333 389,167 Contingency (15%) 865,500 632,000 233,500 Total Upgrade 8,078,000 { { 5,898,667 { ~ 2,179,333 Cit /Countypercentage ~ 73.02%{ 26.98% Se to a and Grease Facilit Construction 500,000 25.00% '125,000 75.00% 375,000 Engineering ,Legal &Admin (25%) 125,000 31,250 93,750 Contingency (15%) 75,000 18.750 56,250 Total Septage and Grease Facility 700,000 ~ { 175,000 { { 525,000 Total Expansion and Upgrade 14,602,000 { 7,123,667 ~ ~ '.7,478,333 , City/County percentage 48 79 % 51 21 (1 } COUntY.fS ll9YRlO.fpf 1/3 of all four aPrafinn hacinc in nlara n Ror ~,.,.,.~ae -,. .a e,...-...~:.... ,.a ~w,. ~enn~rr~ ... ~ - (2) Biosolid Debt Service will be paid through user fees for treatment costs s WVVTP-EST. WK4 04/01 /96 .Regular. Item #: W&:S#4 : Consent~Item #: Additional :Item #: ~.- - Department: LegaUEngineering . Presenter: Kemp Burpeau " Page Count In,Agenda Package: 3 Contact: Kemp Burpeau/G.Shaw , ~.. ~ ~ SUBJECT:. .- Sewer. condemnation. - 4 " ' BRIEF. SUMMARY: , One potential condemnation is necessary to acquire easements for the Mott's Creek pioject. Since sthe County is unable to negotiate the necessary .permanent, and construction. easements, we must proceed with the eminent domain process. The permanent easement to be obtained is thirty feet wide,. crossing the Franklin Faircloth property. that fronts Normandy Drive and Lorraine~Circle ,~` .. . South. . , , -. - . ~` .. . . ~' ~ ~ ~ M1 ,= RECOMMENDED MOTION AND REQUESTED ACTIO~NS• 'Authorize condemnation: r. - . .. - ,~> - .. .. " .. FUNDING SOURCE: r . .. Federa(S:, State S: "„ County S: - User Fees S: ~ Other S: ', _. ` Money Is In Current Budget;. ~ ~' New~Appropriation Request: .r ,,.. . .~ ~. $udget Amendment Prepared; .: . . REVIEWED BY: LGL: FIN: ~ ~ EUD: N/A CGRIFFIN HR: .: ~, . OUNTY NIANA ER'S COMMENT AND RE MMEND TI N ((~~ , Vt. " Recommend the District Board authorize the condemnation. ~ ~ -- • -_ _. ~ .. . .. _.., ,,. , _.~ _.,_ C~UNiY ~M(I~t~N" ~ .. , , + APPRQYED '~' e . RE.IECTED CIS ... REt~o~~o_ .lam - .,1.03- .. ~ ~ POSTPONEn Q. . ATE , , ~ _. _._ o Office Vision Bullctiq Board for Disposition - ' !~ o l~~ ~Ga.~d~ UTILITY RIGHT-OF-WAY ACQUISITION - FAIRCLOTH PROPERTY; - .. / .ice / ,. ,/ LOCATION MAP, ~~~ /~•~~ / . ~~ ~ ' •, /~ ~ ~ ~' . ' -. ... ~ .~~sttggf • ~ v +C ~ ,~ . .. ~ , ~~ - ~ ~. .. ~, p® aooc .F'~AVKLJM fIY3L10h: . •r.a[ . wns . ~ i.P. /7512 06!, ~ ._... ' .e ` W6 ppti. ~ ~ ~ .. . 1 ~. ' ~ • /i.P. ; 7512 ~ 006 ~. ~ o .. ~ ~ . _ \ . `, ... ~ ' .wit G. BE.~tS o ~o• .cy~, . ~' \ OiEE9 yrnt tM -~ t Ts1 '. f, ~ ~ \ . r ~ , \ `\ .. .. ~ ~ ~ . ~t ,~~~ \ . ceID eooc ~n^+. w~c+C tow ~t ,,i ~ ~. g ' : ~ - . ~a.~ s 5~.u•y ~ ~:_ ~ ~: 104 ' ..~ ~ : ~ ~ .. ~~ ~, ~ v ~ ~~~ x t~ ~~ . ~ - - ... .. c~a.~ YM-e-:~ . ~ Pr., . ~ ~ /\ ! / /\ CITY of WILMINGTON North Carolina i +F~~pO. ~UX ~I ~~~ : L£QAL QEPARTM~f~. :., ..L.P~©~ - ~ TDb (910) 341-78 (910) xah~ezo . Frx (910)_341-5824 '~ May 1:r::. x9'~,~' Kemp Burpeau ~. Assistant :Coup.,' :;A~torn~y.. ; ,: . New Hanovex CQk~ ~ f.Xdii~.nist~`~tt~i~azs ::#~~ .. 320 Chestnut ~f ~~ :.:, .. - ~±~~~:. - Wilmington, -'NC:` ~$~#Q], .. . ~; VIA FAX ONLY` `..:. :. ;. - _ .. - • ,, iJ Re : ~tax~t~~~~Y~; ~~vaa~e~rat~r ~fir~~cia~~ ~~.;~nt:::~gr~~t~n - ,. DO~r Kemp: ~ :. :.. r fir,. ~: '~ ~ ~?~.~~i~. ~.~;' r e reasonin fa - 1. Th •~ ~ ~~=~?~'•~~~~a ~~~ s ~:~~:s' to ~~c~pi:de sm'~te assurance that= ~~~~'g ~i~ ~.~ ~i~.~e =~~~ ~t~~*;.;'~~:me ~ t'hat ~~~he ~~~.~ makes a finan~~. -~ ."t~<im~tiitniz~ii~ friar::: t ~ ' of .the F s~,~. ~:... ~~ desk-.. an¢: canst~z~t3.ox~ ex an o :.fit ,.~.s <x~ii+twrstatid~.~.g `t3aat i~ia; Gia>4nto has reviewed ~~ ~~ ~ ~..i~apt~set~ . ° h~c~ge . ~r~.~th ::~~~~a~ o ~ ~ea~:. ,: <' - 2 . the stx~~:~ed `~ i ~e ~~?~. Pa~~~r~i~~x ~ •~ .relates :.tv: the - payment far t~tc~:~:'~>~ht ~.p~~~,.,, ®» ~a~et~ up~&~tt the sp~eads~h~-fit attached to tie; ~~ree~a$r~t d d~.s.c~;~s3,ar~.~ ~:th xigh ~al.dwell r I und~a!~~ahd~ tha~> thy: Dis~.r,~~_ ~~ ~ `: .portions o~ t e~ ~ ~?al'' hoar _ ~? -:i1'ai~e. `be~i~4t].s.e~; -¢~ ~ne~i~~.~ that it ~rii~; ~ :..receive, from ~u~rea'it compt~ne~t~, of :the ~~].~t. T`hes~ I :'. payments are re~XQ~ted ~n the sprea-d~ha~t. ~ '~.'heref©z~ . the suggested c~iaiige r~fersj- tt~ the ~i~re~t~~~eet to ~:nr~ias~te each party `s pa~in~~t toward: tha-.. Pl~h~ u~5~~1e. 3 . The .~`~?,~~$~ :.:tip :~par~~raph 7 .~~,~a~ ..~ ~ ~ h~ ~, ~`' of meters .~.s . ~ I~ ~ t4. >~~.a~~,~y the ..~.~re~3n~+h~: As ~,~.::1fi currentl swot .,~.~ . Y t~e• ~ :,:. ~~e ..ai~r~~~ e;~xt? ~se~..-.ta = :~Qhte~plate ~~~.~h~~: written agreie$-~_ `~: ~3~etWae~ .~tli~ ~:~~rt~s. ~ : . ~- - - ,. _ s ~•. ~. ~~._ '~ -. _ A T '' Y , 'f : ._ ._ ~.; .. 4 - The. 'ch~.ri~~ ~b,.pa~a•, r~ph 17~,. ~.?~,SI.tiP-dates the ': named xe~eren:~ad' fox tt~e NQ~r~ :rol~ti~ ~~epartment of . Envi,ranmen~, H~~i~.~,~.azir~ <~`at~a~.i~esciuf.~r'ce~ ~e~xs are acee - If these .c ~~able I wci~18 appreciate. ~. your revising tt~ee.~agt d~af~" o~'.the „~ e~m~nt and a ~o ~' ` • Providing . • . PY to .me: "~a ~.~t~r the ~ir~sday~;, ~Y :~iii~ ~o that z cari iM~:lude it "`in :t}~e -C~,t~' ~cStini~il"~ .~g~~da ~c4r the 'meeting of lay 7th. Thank ciu : ~ . ~ _ .. .. yot have a~iy:.:gi~,~ ~:~:bhs~ ~Beaet :.w~~~i t~~~ ~ agreement. it ..... . _ rtre~ =kri~o~ . _. •. Sincere~.y ~ ~ ur . ~:: ~:;.: ' ~ix~:a~d :. ~ C~,ty ~4tt4rey. TCP/cl. ; ~ . cc: ~-Hugh caldwe~~;,; ~~ireo~dr of :publ:ic Ut~;3'ties Maly ~4. t3a~o ~:.City~.;~Na~~g _..... ? . ~.. . Brent McAb~~ ~ -`~'~.han~e i~~a.aer ' ~ f' ~s t: _ ~` j ' E ~ • . f •;. .. } ~. • t Y: ~.y ._ .. ~ _ . }} '. .. - +. ' .ti $~. ,•~ .. F .~ s . .. :. ,, NEW H.aNOVER COUNTY BOARD OF COivi~lISS10NERS ' CONSENT AGENDA IvIAY 6, 1996 6:30 P.ivl. ' - ITEivIS OF BUSINESS PAGE NO. ~~ : 1. ~ Approval of Minutes . 107 ~''° ~ 2. Approval to cHange County Medical Insurance to Ivledpoint ~ 109 3 Adoption of resolution rejecting bid #96-009 for Open Plan 11 ~ . Office System; 4. Acceptance of;FY-96-97 Detentions Alternatives Grant and authorize 11 ~ Chairman Greer to sign the grant application ~. i Approval of resolution relating to the sale of surplus property 129 parcel number,Ro079-000-003-0.1.000 located at 623 Carolina Beach Road fo`r the amount of 52,000. The offer to purchase has - been duly advertised for upset bid 6. Approval.to award bid and approval of contract n96-0300 for FY96-97 133 Q ~ nutrition services for the Agin; Department to Newbold's Carolina ~ Seafood & BBQ, Inc: 7. Approval of Home and Community Care Block Grant for 1996/97 13~ 8. Adoption of Resolutions adding the following roads to the State 14~ Highway System: Kin; Arthur Drive. Churchill Estates, Sections 1 and 6-D . North Chase Development ~~ '~, ~ ~~ I~ ~' D 9. Award of request for proposals (RFP) and approval of contract 1>j #96-0321 for collection of child support by private contractor -~ For FY96/97 10. Approval of renewal of Interim Assistance Program Contract 173 ~, 10~ 11. Approval of Budget Amendments A. X96-49 to increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for la~v enforcement activities as the Sheriff deems necessary , B. #96-0188 to adjust budget necessary due to the requirement of additional travel for Pat vlelvin as a result of her participation in Transit,2001. NCDOT requires to have Board approval C. #96=0190 to budget additional State funds for the Child Day Care Services Program and the CP&L Intervention Program (No additional County funds are required) D. #96-0191 to budget $x,000 received as .restitution from a defendant for travel expenses incurred by the Sheriff s Department while conducting ari investigation E. n96-0192. to budget insurance proceeds for the replacement purchase of two pianos at the Senior Center F. #96-0193 to budget additional revenue/garage charges to offset the ;realer than anticipated repairs required on County vehicles during this fiscal year • G. #96-0194 to budget insurance proceeds for replacing and repairing equipment damaged during abreak-in and to budget • greater than anticipated revenues to automate the Vital Records Division to more efficiently serve the public H. #96-0197 to budget a:contribution from the Loyal Order of Moose to the Sheriff s Department for the. D.A:R.E. Program i..,,., J ~ i ~•, `~~ . '~ .V~ 106 i i 1 1 A 4 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/06/96 Regular Item #: ~ Consent Item #: 1 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: ~ . Approval of Minutes BRIEF SUMMARY: Approve the following minutes: Regular Meeting of April 1 ~, 1996 RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve the minutes FUNDING SOURCE: Federal S: State S: County 5: User Fees S: Other S: Money Is In Current Budget: IYew Appropriation Request: Budget Amendment Prepared: LGL: FIN:. BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COUNTY 'COMMI~SIONERS- gPRROVEfl ~~ - REJECT~D C!', REMOVEQ C3' Pt)STpONf~13 F3' ~ IjA~~ ~~ , -- -- Refer to Office Vision Bullctin Board for Disposition 107 Tliis page intentionally left blank ., .lP~tly t4 ~T 108 ~ - ,Y 1 1 1 i.i I il' II 1 ,I I' I [l i REQUEST FOR BOARD ACTION Meeting Dater 05/06/96 Regular Item #: Consent Item #: 2 Additional Item #: Department: Human Resources Presenter: Mallette & Shell ' Page Count In Agenda Package: Contact: Andre Mallette SUBJECT: Medical Insurance BRIEF SUMMARY: ' In our continuing efforts to slow the ever increasing rates for health insurance, a fully insured "Point of Service" product offered by Blue Cross Blue Shield of North Carolina known as Medpoint is being re- commended for fiscal year 1996-97. Medpoint incorporates a true managed care component through in-nettivork.services, yet provides the subscriber an opportunity to select out-of-network providers for most services. There is a stronger incentive to select in-network providers and services by waiving deductible and out-of-pocket requirements, and chazging a minimum co-pay for most services ($10.00). Out-of-network services are subject to yearly deductibles ($300/individual and $900/family), out-of-pocket requirements ($3,000/individual and $9,000/family), per co~nement deductibles and 30% co- payments for most services. Some benefits are restricted or not provided out-of-network (i.e. transplants).. RECOMMENDED MOTION AND REQUESTED ACTIONS: While we have saved money over the years with aself-insured plan, changes in the health care market have shifted costs such that a fully insured plan minimizes our risk during this unstable period. The Medpoint product offers the easiest and most logical transition from a Major Medical program and is projected to save the county $3.4 million over the next three years. Recommend that the Board of Commissioners approve the change to the Medpoint product and authorize the County Manager to sign the contract. FUNDING SOURCE: Federal S: State S: County S: - User Fees S: Other S: ivioney Is [n Current Budget: New Appropriation Request: I Budget Amendment Prepared: _ REVIEWED BY: r LGL: FIN: BUD: ~ HR COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ Recommend approval. As I stated in earlier correspondence the process of considering another health insurance pa age has been very difficult and long. The staff is to be commended for their excellent tivork. ~ COUNTY ~~M~~~fl~ APPROVED ~ ~ ' REJECTED' Q' .; , .~ . ~ ~ REMOVED _ O: ~-.., ~ ' 10 9 POSTPONED C'~ ~ ; sr6 l ~~ -~' ,. . Rcfer to Office Vision Bulletin Board'fi' r~ii~po ' •'~!'~ ~ ~ I,~J~Q55ura.~-ee, 1~-tt.a~-e~"~`1~'es u~;l/be 6/e -fo GP.o~se f a:ec,~ '~'~',,- ~''`~-armors NEW HANOVER COUNTY C INTER-OFFXCE • .~ME.Mo o xx IMPORTANT xX PLEASE READ AS SOON AS POSSIBLE ~`~ U A ril 23, 1996 P - LJ TO: ~ New Hanover County Board of Co' issioners ~ ' :, a FROM: Allen O'Neal, County Manager RE: MEDICAL INSURANCE The attached memo from Andre' Mallette acid Bruce~Shell outlines the histo rocess current status and rY, P recommendation for medical insurance. The Board's approval for the proposed change in coverage will be required at the May 6th meeting. However, because of time constraints, requirements for the printing of enrollment materials, enrollment process, etc., I have instructed the Human Resources staff to move forward under the assumption that approval will be forthcoming. As you know this is not at all my normal mode of operation, but this project "came down to the wire." a The memo from Andre' & Bruce is very succinct and to the point. It does not reflect the enormous amount of staff time and energy that has gone into this effort. The staff working on this has endured hundreds of meeting hours and has done an outstanding job. If you have uestions or comments .lease feel free to call Andre' Bruce And or me. Ana enda item will q ~P Y g be scheduled for the May 6th meeting. AO/cb cc: Andy Atkinson ~ - ~ .- a Andre' Mallette Bruce Shell ~ ~;~ ,~~ ~~,,~ ~,~~ a ~ `~ 110 ~" ~1 S~q~;~~+~+t{~.,~~)~ ~ ~t ..:~. ~ s :~'., _ !ice, ~ t +~ .`air ~ .. . ~ 1y- I I MEMO 1 1 1 1 1 April 19, 1996.. NEW HANOVER COUNTY INTER-OFFICE TO: Allen O'Neal County Manager FROM: Andre R. Mallette, Director of Human Resource Bruce T. Shell, Director of Finance SUBJECT: :Medical Insurance -The price of medical. insurance has steadily-increased. Over the past years, we have experienced double digit rate increases on an annual basis. As you can. see in the chart below, our costs have increased from $3 million to $5.3 million in the past four years: 1 1 I~ I' I~ f' I~ County Health Care Costs S mllltons 6 5 4 3 2 1 .p 5.3 County Cost . ® FY 93 O FY 94 ~ FY 95 O FY 96 Mnual increase of 2396 from FY 34 to FY 95 We have continually explored alternatives that might help control those increases. Early efforts involved changes to the benefits offered in the traditional major medical plan that the .County had always offered to employees. Those changes included increasing deductibles and co-insurance, instituting waiting periods, etc. Any benefits experienced from those changes were always short induration. In 1993, in conjunction with the traditional major medical plan, we began offering a managed care product through Blue Cross Blue Shield (BCBS) of NC called Personal Care Plan (PCP), in hopes that we would see a reduction in claims which would help control premium increases. Since the inception of the .Personal Care Plan, the col~t~ ~s maintained over 60% voluntary enrollment in this managed care program.. . MEMORANDUM -2- SiJBJECT: Medicallnsurance April 19, 1996 Even with the savings that we saw at the end of 1993, we realized that we had to pursue other cost saving strategies. In July of 1994, at the recommendation of our health care consultant , we switched our contract for reinsurance from BCBS to Gerber Life Insurance Company to cover all claims over $100,000 per subscriber per year. As a result, we realized a savings of over $100,000 at the end of the plan year. Due to catastrophic claims over the past year, we do not anticipate the same level of savings at the end of this plan year . Realizing this, we decided to take another took at the type of plans we were offering employees (i.e. Major Medical and PCP). as well as the self=insured funding arrangement. A committee consisting of Human Resources and Finance staff have worked over the past year in tandem with our health care consultants and various insurance providers- to develop a health care plan that would provide the best services at the lowest cost. As a result of this effort, we have concluded that ~a fully insured Point of Service (POS) product offered by Blue Cross Blue Shield of NC known as MedPoint best meets our needs. A Point of .Service product~such as Medpoint incorporates a true managed:care component through in-network services, yet provides the subscriber an opportunity to select out-of-network providers for most services. There is a stronger incentive to select in-network providers and services by waiving deductibles and out-of-pocket requirements, and charging a minimum co-pay for most services (.$10.00). Out-of-network services are subject to yearly and per confinement deductibles,-out-of-pocket requirements, and 30% co-payments for most services. Some benefits, (i.e. transplants) are restricted or not provided. out-of-network. Additionally, while we have saved money over,the years with a self-insured plan, changes in the market have shifted costs such that a fully insured plan minimizes our risk during this unstable period. The MedPoint product offers the easiest~and most logical transition from a Major Medical to a managed care program and will save New Hanover County $3.4 million. With approval, we will implement. this plan. effective July 1, .1996:. The Medpoint Plan will present a new concept to many employees. It is imperative that we hold information sessions for all employees during the open enrollment period which runs May 1 - 24, 1996. Printing and distribution deadlines for enrollment materials require prompt action in order to implement this, program by July 1, 1996.- Therefore, we need approval to proceed with implementing this program by Monday, April 22, 1996. ~ ~ - As you know, the nature of these negotiations has extended this process much longer than anticipated. Clearly the outcome has justified the time-required.. 112 1 1 1 t t e e REQUEST FOR BOARD ACTION Meeting Date: 0/06/96 Regular Item #: Consent Item #: 3 Additional Item ~: Department: Social Services Presenter: Page Count In Agenda Package: Contact: Amy Akin SUB.TECT: Reject bid received for bid # 96-0309 for Open Plan Office System. BRIEF~SUMMARY: An invitation to bid was issued for the Steelcase 9000 series panel system as part of the expansion of the Social Services Building. Only,one bid was received. The bid was from Office Showcase and was higher than the funds budgeted for the purchase. The County has been contacted by another company that handles refurbished panel systems. Staff has checked with several .other companies that have purchased the refurbished Steel case 9000 series panel system and have received excellent references. Staffs opinion is that because of the product's integrity and durability and the possible cost savings of using a refurbished product, the bid from Office Showcase should be rejected. Staff will rebid specifying a refurbished product. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution rejecting the bid received for bid # 96-0309 for Open Plan Office System. FUNDING SOURCE: Federal S: State S: ,County S: User Fees S: Other S: Money Is In Current Budget: ~ New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend adoption of resolution rejecting bid. The backup material for this item is voluminous. It will be available in the County Manager's Office if you care to review. , CCl1NTY COMMI~Sl4NERS APPROVED Q!i.~ __ R~~c~r~p Q ~ _ ~ ~ ` 11.3 REMDYED~ . ~^^T~~ . ~... ,~,~ ;PD~T~NTa! LJ `~, e~f,eyr~to/Office Vision Bullctin Board for Disposition RESOLUTION OF THE • BOARD OF COMMISSIONERS OF NE~V HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m. on the 20th day of February,-1996, at the County Administration Building; 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for an open plan office system for the Social Services Department, Bid # 96-0309: ,The Office Showcase: .~~ Group 1 - Panels/1Vorkstations $328,251.00 Group 2 -Chairs 25.542.00 Total $363,793.00 ~ ., AND "WHEREAS,, the only bid received exceeds the amount of .funds available for the purchase; AND WHEREAS, the Social Services Director, the Finance Director, and the County Manager recommend that the bid received be rejected; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for an open plan office system for the Social Services Department, Bid # 96-0309 be rejected. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposit to the unsuccessful bidder. This 6th day of May, 1996. (SEAL) " • . ._ Chairman, Board of County Commissioners ATTEST: _. Clerk to the Board . a~i~`~~ ~f~ ~~~ri~~~ ~ 114 ~' n t ~~~ ~aK~~~ ~~ a .. ! ~ ~ ~Q~ ~ ~~~ ~q 1 1 1 1 1 1 1 1 1 1 1 1 e e REQUEST FOR BOARD ACTION 1Vleeting Date: 05/06/96 Regular Item- #: ~ Consent Item #: 4 Additional Item #: Department: ~ Pr esenter: Page Count In Agenda Package: Contact: Cam Griffin .~UISJL'l.,l' Alternatives to Detention Grant Application for FY96-97 . BRIEF SUMMARY: The alternatives to Detention Program provides an alternative to secure detention for selected juveniles. The juvenile is allowed to remain in the community, but must abide by certain specific conditions. The program can also provide early intervention during. crisis periods while awaiting court hearing. No county funds are required RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend the Chairman be authorized to sign the FY96-97 Alternatives to Detention .grant application. FUNDING SOURCE: Federal S: State S: 75,811.00 County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: _ .. ~_ LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN,I-IR: N/A ANIALLETT CUUNTY MANAGER' OMME TS AND RE OMMENDATI N Recommend approval. COUNTY CQMMISSI4NERS APPROVED G~--~: REJECTED =D .'. REMOVED___ +D :r =-.,,; .. 1.15 PO~S7TPONED D !~~ j~~~~ Refer to Office Vision Bulletin Boaz/tbd ~spesitien~+~LG•~~~' DIVISION OF YOUTH SERVICES -CBA PROGRAl~f AGREEI~i 1T Name of Program Alternatives to Detention ~ `-J Sponsoring A;enry Juvenile Services Division Gounry New Hanover Contact Person (name & address) ~ Program Type O Phyllis V. Roebuck ' P. 0. Box 1404 Fundin; Period Wilmington, N. C. ZiD 28402 7/1/96 ~ 6/30/97 Phonen ~ 341-4418 Fax T~ 341-4419 CBA Assigzted I.D. t Referral Sources Juvenile Court, New Hanover 565008 Regional .Detention Center New Program Continuaron X 'Client Capacity 16 .Anticipated average length of stay 30 (davs). O Estimated number of youth to be served doting funding period 170 'Arual number of youth admitted last fiscal year: ' Reporcd using Client Tracking Forms Reported using Annual Program Review _ T Juvc • e . _. _. ... - of atl Court or law enforc:meat re:e:red ,o ' Date received in Regional Offrce - Please submit 4 copies with Sri 'nal 'Qnatnrwc_ .- if the funds being regttested will be used for more than one program component please provide this information for each component o~,tn~a separa#te shert.• DYS (Rev. 1-95) t; ~`~-~ ~'~ _N-s~~`~ ' - . ~ s ~~ n 116 ~ ~a~~,~~~.~ .~_•~ 1 1 1 1 1 1 1 1 1 1 1 1 1 e e i I~ ATD STATISTICS The following statistics are based on records of juveniles who have participated in the ATD Program: . July 1, 1995 -March 30, 1996: Number of Juveniles Served - 150 Number of Successful Juveniles - 129 - Number of Unsuccessful Juveniles - 21 ~ ' Number of Males Served - 123 . Number of Females Served - 27 Days Saved From Detention- 2198 ' ' ' *Total dollars saved based on number of days - 5257,166.00 (at a rate of $117.00 per day, per juvenile. based on 1995 costs) July 1, 1994 -March 30, 1995: Number of Juveniles Served - 89 - -~- - - ~ - Number of Successful Juveniles - ~4 - - - - ~ -~ - ~ ~ ~ ..- Number of Unsuccessful Juveniles - 30 Number of Males - 6~ Number of Females - 24 ' Number Still on - 5 Days Saved From Detention - 2,342 * Total dollars saved based on number of days - 5271,672.00. (at the rate of 5116.00 per day, per juvenile based on 1994 costs) . Juiv 1. 1993 -June 30, 1994: Number of Juveniles Served - l 74 Number of Successful Juveniles - 147 Number of Unsuccessfiil Juveniles - 27 Number of Males Served - 135 ' Number of Females Served - 39 Days Saved from Detention - 4361 * Total dollars saved based on number of days - 5505,876.00 (at the rate of 5116.00 per day, per juvenile-based on 1994 costs) July 1. 1992 -June 30. 1993: Number of Juveniles Served - 140 Number of Successful Juveniles - 121 - Number of Males Served - 105 Number of Females Served - 35 Days Saved from Detention - 3298 117 ATD STATISTICS (Continued) July. 1991 -June, 1992:. Number of Successful Juveniles - 118 Number of Unsuccessful Juveniles - 24 Number of Males - 99 Number of Females - 43 Days saved from Detention - 3401 Julv, 1990.- June, 1991: • Number of Successful Juveniles - 80 Number of Unsuccessful Juveniles - 26 ~ . Number of Males - 91 _ Number of Females - 15 ~ ' Days saved from Detention - 2582 July, 1989 -June, 1990: Number of Successful Ju_ veniles - 79 Number of Unsuccessful Juveniles - 18 Number of Males - 81 Number of Females - 16 Days saved from Detention - 2388 July, 1988 -June. 1989: Number of Successful Juveniles -» Number of Unsuccessful Juveniles - 20 . Number of Males - 57 Number of Females - 18 Days saved from Detention - 2125 July 1987 -June, 1988: Number of Successful Juveniles - 50 Number of Unsuccessful Juveniles - 9 Number of Males - 54 Number of Females - 5 Days saved from Detention - 1927 ~i'he Alternatives to Detention PfOIIram has proven to be a successful deterrent to secure .detention. it -has been wide?y accepted in the community and re?ated agencies. The juvenile has the opportunity to stay in the community rather than secure detention. There blue been a erect number ofjuveniies who have benefited from the program and have not reoi~'end.d. nRen times there are requests For placement which have exceeded the number ~f slots available. The Alternatives to Detention Counse?or's close involvement with the family and juvenile provides vita( information to t1:e counselor due to the daily contacts made to the juvetiIe in school and at home. The structure of the program provides support to the child, family and scitoc~i. 1,fanv potential problems har•e been avoided due to the constant contact made by the cot:n~e?or. The parents have be°a very receptive and appreciate the alternative intervention. The parents are also cooperative, in advi in3 the course?or of any.vioiations. With an additional ATD Counse?or we were able to increase the numoer of visual and Phone contacts made to the juvenile seven (r) days a ~xe°k. The case?cad increased Si2niticu:dv and served mote juveniles which der: eased the numoer ofjuveaiies at the juvenile enter. The :~Iternativies to Detention Program in i`ie~.v Hanover County has be°n vie:~ succrssfui and is an.elTertive way of monitoring any juvenile ~xho is eiisaoie for se^ure de:e:ition. The stricture of the program is desiane~ to assure the juveniles adhere:zce to the program. Each year the amount of children served increases and proves to be a useful .tool in rehabilitating these ofFenders. 119 .U_E3.1E Ca :1.Y_E: T~ Provic{e an alternative to secure detention for selected juveniles. This alternative . would allow the juve~iie to remain in the community (home with relatives, or temporary sftelter care) instead of secure detention. This non-secure community detention program would provide structure, limits, and would retluire the juvenile to abide by certain spe^.itic conditic,ns, thereby decreasinL the cost of secure detention. Ci~Ri'_USI~.: From the ie~iera{ to fire local le~le{. there '.s a growing focss on de-institutionalization. ~\Iso, the wcrrh Carolina General Statutes clear{y emphasize utilizing the lesst restrictive enviromnertt when considering secure custody. .. The Alternatives to Detention program can only serve to de-.::ease cost of se~pre detention.___=_____ and provide juveniles an opportunity to~ remain in the communit;~, the: eby, avoiding irtstitutic~rralization, but it provides early inte:-~ention during crisis pet;ods :vhiie awaiting court hearing. Experience. has,taughrus that the best time for intervention usually is during a family crisis wiiea the family is ~ulnerab!e and seeking professional help. Tne ~~Ite.~tative to Detention Counselor is able :o provide immrdiate:y daily intervention and structure during this short period oftime using available camrrtunity resources. 120 ~- -- ' ~aF...c~,~.L!R,lI~,1,.F O~.,I~' ~ TVA: (Attachment): . - Ongoing c~~aluation and monitorinu by the Citief Court Counselor and Intake of the 5th T7istrici. ;tlc-ng with siatisticai information «7i1 be used to de:ernvne the e~'eriiveness of the Altermlive to Detention program. l'he following criteria wiil be considered for evaluation: 1. 'The number of de:eaiion days decreased as a result of the program. ~ ' 1 2. he number of clti}dren who have bene5ted from the program who otherwise would have rernaine3 insecure custody. ~. Of those children in the roeram has the esriv intensive intervention h t p ~ e.ped them. remain out of trouble pending court? ~t. 1 fns the eariv intervention made it ossioie to rovide a ro riate resource P P PF P sat - a faster rate? __ 5. !ins the information eathered by the Alternative to Detention Counselor aided . ' the Intake Couc~selcrs and Court Counselors in ztakine assessments and recommendation to the court? - a ~ . ~ . ~~ - _ -~ - . ~ 121- ' _ .. PROGT2Ai~1 SUMMARY .~ Stn.tettten( vi~.[t~,Psp.bleut: To reduce the number of juveniles held in secure custody. a • ~ . ~ , . ~ . ,- T'ro~Tarn (:oral: (Purpose of tf~e Program) objectives and purpose (See attachment) .~~ ~ a _...~T:;tr~et_P!~I~u1at~2n: Juvenile char~~ed with cielindue^t otienses ~.vno cauid/~.vouid be herd .._ ...~ in secure custadv: _ Lteastirai~re (~bjp~tiy~1~: (Se° ~\ttacnment) • InfoTmn~i~>» .b tairieilJ~D'~siiv~ss ~Less~~rsmrnt: (See Atiacament) ~\LTEtZiv~\TIVES TO ULTENTION ST?~TISTICS ~22 PROGRAM ~YARRATIVE 1LRQ~R~\ ~ti.LDYNA ~Vf IC's: G~•ery child placed in secure custody under G. S. 7A Statutory Guidelines ~.viil (ie considerec! for the Alternatives to Detention Program.. 1 s Tile child will be intervie~~ed by the ATD Counselor as soon as possible, 'subsequent to tieing placed in se^sre custody and prior to the secure custody (detention) hearing. 'Tlie rITD Counselor will make an assessment of the child's home, community and schtool situation. l-his assessment will include intervie~.vs with the chtild's parents, guardians, or relatives, school officials (ii'necassary), intake counselors who rec~ive~ the complaint, detention stntiand/or court counselors familiar with the child and family. This assessment will be recorded on Alternatives to Detention assessment She°; (se° attac!ied).:vid a determination wilt be made as to whether or not the child is aporopriate far community detention. When the child appears in court as outlined .by G. S. 7A-~i7 for a se~sre custody hesr~.ng, the ATD Counselor will make a recommendation to the court regarding tfie appropriateness of community detention. If community detention is recommended, then the ATD Counselor will also request that a secure custody order be authorize, but suspended, pending the chiId's cooperation and obeyanc~ to the conditions se{ out by the court. (See attached Conditions of Community Detention). If the court conctrs in placing the drild on community detention,. the child and the pare-its will then si~,n a consent form acknowledging full understanding and agreement with the conditions of community detention and tfiat the child maybe placed back in sez;~re custody il'dc~med appropriate. (Se° Community Detention Consent Fo ~~ ) 1 ~~ structured daily schedule will be outlined by the ATD Counselor, including the c-.trfe•N Ind other renditions ordered by the court, and the child will be advised as to how and when to contact the ATD Counselor. The law enforcement ofrtcars of both the Wilmington Polio Department and the New [ lanover County Sheriffs Department have agreed to help in monitoring.juveniles on community detention and will be provided with information that will assist them in monitorinu. Any-violations will be grounds for consideration of removal from the program. 123 • .P~QSILai~~i IZYNt~~LICS: (Continued) _ ~~ ~~11 viofatic~ns will be reported to file ATD Counselor. Anyone having information that violations have occurred, can report this information to ATD Counseior. The ATU Counselor will be responsible fer procsring the necessary orders and the returning the child to detention.. The ATD~ Counseior will be encouraged to obtain assistance ~~ henever necessary. The ATD Counselor will be encouraged to involve the community when monitoring a O child in file community, such as volunteers w•ito can help provide for this c:~ild's nerds. • • a ,. ~ '. , .. .. .. 124 • ... " 5 ' _ :_ - BUDGET NARRATIVE , ~~ ` _. .. ~ , . .~ • ~ .Section L• List the~ustificatioti~for each entry.and-show how the`value was computed. ~ "I.,".Personnel Servicesi~ , .. ' _ 120 Salary'(2};ATD Counselors ~` X53,000.00 .. , ~- 180 Medical for Z Counselors (avg.' 320/month X 12 mos.) ~ ~ ~ 3,840.00 ~ 1'80 Unemployment (53,000. X 2.257) ~ " .".1,193.00 _ - 180 FIC (53,000 X 7.65) .. 4,055 . 190 Professional Services (contract for handling• monies ~ and, audit 57) .. 3,614.00 '. ~ II• SuPP.les &•Materialsr ~ ~ 230 Education &~Training, ~ 800.00 ' e - - " ~' 260 ' Supplies . - - " 500.00. III s 8 ' re C 1 n r e ~ ~ ` . _ _ -- - -- --- 310 Tra vel 2133 m&les moC ~ - - ( X .30.- X 12) 7,679.00 320 Communication (service for 2 phones<100/mo.~X 1.2) 1,200.00 : - ,: _ " . " " " Section II: Employee Information . , For Baca employes list the. following .information:. ~ ~ ~ , - " Number of tifonths ,I2~~T1ST~ 9nnual or Hot!rly Wade o - ~ f Fm~lo en ~ ' ATD Counselor I 26.5~0.D0 _ $ . ~ ,m 12 onths M1 ATD_Counselor II• 26,500.00. 12 months ~. , .- " :, - .. . o ~ .. ~ 125 4 ~- . ' BUDGET P1i FORi~I.ATION Fy 1996-97 Number of Months 12 . Cash to-Kind Total I. Personae! Services ~ ~ ~ . ~. $6__5,702.00 ~ - 0 -• $6.5,702.00 I20' .. Salaries & waves . ~ $5.3,_000.00 . 180 Fringe Benefits ~ 4 , (1 R R _ ~ 0 - ' I90 'Professional Services ' 3 G f ~ - ~ II. Supplies & Materials _ ~ ~ ~ ~ 1.300.00 - 0 - _ ~ l ,.300.00 210 Household & Cleating ~ 220 Food & Provisions ~~ 330 Education & Medical 800.00 Z~0 Coastruction & Repair ' 250 Vehicle Supplies & Materials 260 Office Supplies & Materials 5t1~ _ O0 '~ ' - 230 Heatiag~& Utility Supplies ~ ~ ~ 390 ~ -Other Supplies & Materials _ • . . III. Current Obligations & Services 8, 879.00 - 0 - 8 , 879.00 310 Travel & Transportation 7 , 679 , 00 320 Communications 1.200.00 3 ~ 0 Utilities 340 Printing & Binding 350 Repairs & Maintenance 370 Advertising 380 Data Processing 390 Other Services - IV. Fixed Charges & Other Expenses - 0 - - 0 - - 0 - 4I0 Rental of Real Property . " - ~ . 430 Equipment Rearal 440 Services & Maint Contrars ~ ,. 450 Insurance & Bonding 490 Other~Fixed Charges V. Capital Outlay' ~ ~ - 0 - - 0 - ~ - ' 0 - ' 510 O$tce Furniture & Equip. 530 Educational Equipment 540 Motor Vehicle 550 Other Equipment 580 Buildings, Strucutrzs, ~ Improvements ' Total: $75,881.00 - 0 - $75,881.00 126 ' ~ SOURCES OF PROGRAM REVENUE (.ALL SOURCES) . This is to certify that the CBA funds in this Program CBA S. 75,881.00 Agreement will not be used to duplicate or to supplant Local Match: S other programs whose primary intent is to .provide 1-0°~° 20% 30% Cash cotnmuniry based alternatives for delinquents, status ~ S offenders or youth at risk of juvenile deiinquency. In-Kind S . (ocher) S (other) Total S 75, 881.00 YSAC Chairperson Date This document has been reviewed and recommended for funding. Indemnification and Hold Harmless ' t 1 A n 7 Tne program manager agrees to at all times during the term of this agreement to indemnity and hold _ harmless.the Department of Human Resources against liability, Loss, dzma~es, costs, or expense which the Department may be requested to pay by coon 4f any client's stirTering pe:sonaI injury, death, or prooe~y loss, or damage either while pamcipating in or receiving tzom the program services to be Punished by th° progr<.m under this agreement, operates, leered, cha.^.e:e~ or othe:~vise contracted .`or by the pro~arn or any employee who is furnishing services called for under this ag:eeme:a; provided, however, that the provisions of the paragraph shall not apply to liabiiir'es caused by orresuiting from the acts of the De~atiment or any of iu officers, employees, agents, or. representatives. ivil iohu .om Ii~nce For the duration of the Program Agreement, the program a~ees to comply with Title VII of the Civil Rights Act of 1964 and all requiremenu imposed by federal regulations issued pursuant to that Title. Termination This agreement may be canceled at any time by either DHR, county commissioners, or the program manager, with cause, upon at lest 30 days.notice, in writing, and delivered by registered mail with rerun receipt requested or in person, or by mutual consent of all parties. Conclusion We, the undersigned agree to comply with all'provisioas of this agreement and with the policy widelines for the Community Based Alternatives Program as codined in the North Carolina Administrative Procedures 10 NCAC 44C and 10 NCAC 44D. 1"nis agreement may be terminated in whole or in Director Division of Youth Services Date part by the Division/Department in the event that ` state or federal funds which have been allocated to the Division or to the Department of Human Chairman County ComT„i«ioners Date Resources are eliminated or reduced to such an ' ~ ~ extent that, in the sole determination of the Division/ Department, ~conrirruarian of the obligarions at the Program anager levels stared herein may riot be maintained 127 i ~~ This page intentionally left blank "~ REQUEST FOR BOARD ACTION ' ~ Meeting Date: 05/06/96 1 Zegular Item #: Consent Item #: 5 Additional Item #: department: County Manager Presenter: ?age Count In Agenda Package: 4 Contact: Allen O'Neal 5 U liJ ~;C;" 1": " Approval of resolution relating to the sale of surplus property owned by Ne~v Hanover County. BRIEF SUMMARY: Resolution relates to parcel number Ro079-000-003-015.000 located at 623 Carolina Beach Road for the amount of $2,000. The offer to purchase has been duly advertised. for upset bid. . .. RECOMMENDED MOTION AND REQUESTED ACTIONS: 7 1 A t FUNDING SOURCE: ?ederal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: ~LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval. " couNn coM~ivHp APPROVEt~ ,frY, REJECTED 'D= "" . REMOVED d 129. POSTPONED D' " ' DATE ..:~.:..;.,~ ,.L~.,~~` Refer to Office Vision Bulletin Board for Disposition 4~•~~` A h ". O + ~ ~a ,,v ~' +'~~'~~ ~ +-~ ~r . n~~l 1739 0 CITY of WILMINGTON North Carolina C P.O. BOX 1810 28402 April 23, 1996 ADMINISTRATIVE SERVICES TDD (910) 341-7873 a LJ Mr. Allen O'Neal, County 'Manager ~ ' New Hanover County n 320 Chestnut Street Wilmington, N. C. 28401 Dear Mr. O'Neal: The attached resolution relates to the sale of surplus property owned by New Hanover County, more particularly identified as follows: a Parcel Number Address - Amount of Offer R0079-00-003-015.000 6235 Carolina Beach Road $2,000.00 This resolution accepts the offer as identified in the attachment hereto. This property has an ad valorem tax value as of 1989 of ;2,000.00. Please place this item on the County Commissioner's Agenda for May 6, 1996. a The offer to purchase has been duly advertised for upset bid. Passage of the attached resolution is recommended. f Respectfully submitted, L ,L ,l S even D: Bride Purchasing Agent SDB:sws Attachment 130 5~:4 s~°~AL '~ ItC! .~~~M~~UV pp,, tc ~ .;~, ~F7.". INTRODUCED BY: Allen O'Neal, County Manager DATE: May 6, 1996 ' RESOLUTION. AUTHORIZING THE SALE OF REAL PROPERTY' LOCATED AT 6235 CAROLINA BEACH ROAD LEGISLATIVE INTENT/PURPOSE: This resolution relates o the sale of surplus property 'owned by the New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer 079=00-003-015-.000 6235 Carolina Beach Road X2,000.00 Offerer Gerald L. Miressi, Sr. 6241 Carolina Beach Road The offer(s) has been advertised for upset bid in accordance with N. o. G.S. 160A-269 and there have been no qualifying upset bids for the identified parcel(s). • The parcel(s) has been declared surplus ,by the County Commissioners and not needed for public purposes. RESOLVED: 1. That ursuant to N.C.G.S. 160A-269, the Count Commissioners does hereb P Y y accept the offer(s) to purchase identified herein from the offerers) as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That New Hanover County will retain any deposit posted by the offerers) when: • a. The offer is withdrawn after posting the deposit. b. The offerers) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. That any amount shown due on any attached list for liens be waived in total. 5. That the Chairman of the County Commissioners be and is hereby authorized to execute •a deed without warranties to the offerers) as designated herein. Adopted at a regular meeting on , 19 New Hanover County Board of Commissioners ATTEST: Clerk to the Board .Chairman This pane intentionally left blank ~. wAV ~e e Yl~lf r my ~I 1~ ~ ,~ ~ J ;;°, ~~ ~ `ii 3 ~.a - ~ E 6 °'p _ ~ ~ p i, II I I 1~ .... `~ • ,~. - 11 I Rp. y 6 e a 5 "G .dyt 24s~~ ~ i •~ °• a, ~ 6 R r K Io Y O 3 _ S ~ ~ I ~ k _ ~ ~V N ~ o .n a -~~ c : ~ _ '~ a-~ .;' ~~ _ E ~ l~~c F E R q $-~r .e --- -- ~=N-~- . ~• ~ R ------ -}- -_ °.. ~,~ . '/ ~. ~ M 7, ~ .. n ~ y j,.~' ~ ~'~. r: I ~ a '~ ~ .. I r, -_~ CN R ~:~ ~ (/ C Y \ 1 ` - _ _`~~ ~, -1__v_.}L ._t_~ ~a - ~wI IR ~~ ~' ~ {. 'ti 7 ~... ~ $ .~ _ ~ ,9 ?3 y N c: .b. ^ i A O ~. ~ C\ /-~ ~ ' .7, ~ •. ~ ~ .. ' : ~ r .J ~ I -. ~ .,, ~ ... .. »t+'~Yrli4u- 4 ...~,r«nn+r .y.... .. a, ~ ,: , r^ax+.as'r7719!!~r@1~9fP!!'M~ar~!P,+'TM .:. r .. , ^.... ;~::~a ... ~ ~. ~. _._: ^. :~ .~••,., ~.. ,5 7. .,.,,... ..:.ts ..... ._,'°".'~."':~t _:, *'~.; m.mrKnxMti-i„! ~.:".i .. .• .. Regular Item #: Consent Item #: 6 Additional Item #: ~. .Department: Department of Agina Presenter: , • -Page Count In Agenda Package: Contact:, Amy Akin' .. - .. _ SUBJECT:. . Award of b,id and approval of contract # 96-0304 forFY9.6/97 nutrition services for the Aging Dept: to Newbold's ,Carolina Seafood & BBQ, Inc. • . ~ . • BRIEF SUMMARY: ~ , ' 'Bids were received for the contract for FY96/97 nutrition services for the congregate •and home-delivered meals ~' ~ program at the Department of Aging. Two bids were received. Staff is recommending award to the lowest bidder, Newbold's Carolina. Seafood & BBQ, Inc.;at the following per meal prices: $2,05 on days when less than 500 meals are.prepai•ed; $2.04 on days when 500 or more meals are prepared;.$2.03 on days when b00 or more meals are .prepared. The following information is attached: I. resolution for award of bid and approval of contract . 2. draft contract for approval The funding source figures on this form are based;on 422 meals per day which is the • estimate the bidders used to prepare their proposals; staff anticipates being able to serve more meals per day than 422. , ~, . .. . . ~ , REC0IVIMENDED MOTION AND REQUESTED ACTIONS• '~ Staff recommends adoption~of the attached resolution awarding the bid and approving the contract for nutrition ~' ~ services fo'r the,Departmentof Aging to Newbold's Carolina Seafood & BBQ, Inc., .the lowest res onsible bidder, P .. • in the following per meal prices: $2.03 on days when less than 500 meals are prepared; $2.04 on days when BOO or more meals are prepared; $2.0~ on days when 600 or more meals are prepared r . .; .FUNDING SOURCE: .. " "Federal Si 142;690 State S: 7,5:10. County S: 9,187 User Fees S:. ~- ~ Other S: 56,888 ' Money Is In .Current Budget: No `~ New Appropriation Request:,No • Budget Amendment Prepared: No REVIEWED. BY: ," LGL;: FIN: Art ESHELL SLID: Arr CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMIVIENDATIONS• ' Recommend approval of the attached resolution awarding the bid to Newbold's Carolina Seafood - and BBQ, Inc. The contract and backup documentation is voluminous. 'It is available in the County f ~ Manager's office for your. inspectio COUNTY CQMMlSS~pNq~': , AFPF~QVEQ ~~~ ; ...• . REJECTED D ~~; , 133 . ' ~ REM4V~fl ~ 1,7' .. - Pr~StPt>NED , ` Refer to Officr Vision Bulletin Board for i o • RESOLUTION OF THE . . .. .-. BOARD OF COMMISSIONERS . ' ~ ~ OF ,NEW HANOVER COUNTY " ~ :, WHEREAS, after due advertisement,.bids were received and publicly opened by the Finance Department at 3:00 p.m.., on the 27th day of March,-.1996, at the County Administration Building, 32p0 Chestnut Street, Wilmington, North Carolina, and the following per meal bids were received for Nutrition Services.for.the Department of Aging, Bid # 96-0304: • - _ "422 Meals "500 Meals 600 Meals per Day per Day .per Day s _ lYewbold's Carolina $2.06 ;$2.04 _ $2.03 " " Seafood &BBQ, Inc. r Service America $2.161 52:036 $2:06 ' ' ~ Corporation ~ ~ 4 AND WHEREAS, the Director of Aging, the Finance Director and the County Manager recommend that the contract be awarded to Newbold's Carolina Seafood &BBQ, Inc. of Richlands, North Carolina; the lowest responsible bidder, at the per meal price of $2.06 for less than 600 meals per day, a per meal price of $2.04 for 600 or more meals per day, and a per.meal price of 52.03 for.600 or:more mealsper day; .. ~ AND .WHEREAS, funds will be appropriated ;in_' next year's •budget in Account No. I 11..0-862-6323-2000-3700 and 110-682-682-20,00-.1.710 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Conunissioners of New Hanover County that the contract for Nutrition Ser<•ices for the Department of Aging, Bid # 96-0304 be awarded to Newbold's Carolina Seafood &BBQ, Inc. at the per meal price of 52.06 for less than 600 meals per day, a per - meal price of $2.04 for 600 or more meals per day, and a per meal price of $2.03 for 600 or more meals per day; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. BE IT FURTHER RESOLVED that the Purchasing Agcnf is hereby authorized to return the bid`deposits ~ to the unsuccessful bidder. ! This 2nd day of May, 1996. , .~ . (SEAL) - . - ~, Chairman Board of Coun Commissioners .. ,... ty ATTEST:. ' .. ~ ~ ., w ,~ `. iy }',fir, e~ y~ ~~ ~l ~J `tthe Board ~~-~ t , ,, Q = `~ `~~~ ~~ , ~. a-- p~.~ '~h ~F~ ~..- ,.`~`~~~;+c ti, ,~ ~,n ~~&S~~ti.~ -. ~ ' " . Regular Item #: Consent Item #; 7 ~ Additional Item #: ` Department: Aging... Presenter: Annette Crumpton Page Count In Agenda Package: 9 Contact: Annette Crumpfon ' -SUBJECT: Home and Community Care Block Grant for 1996/97. (HCCBG) .~ ~ - . ,... 'BRIEF SUMMARY:. New Hanover County is eligible to receive $434,863 in HCCBG monies for the 96/97 year. This is` an increase of $9,948 from 95/96.The HCCBG Committee recommends the following distribution for the service areas (Attachment). Transportation 40,998;-Home Delivered Meals 70,638;. I/R Case..', - Assisted'30;20:8; Senior Center 24,18; Care. Management. 39,974.; In-Home Services ;1.0.x,093; 'Adult Day Care 44,206; Congregate Meals 79,61. As Lead Agency for the HCCBG"monies the , ' Department of Aging will monitor Services. In Home_Services 'and Qdult Day Care will be ~, . ~ ,contracted outao~Well Care and Nursing, Inc.,and Elderhaus, Inc. All otherservices will be provided • by the Department of Aging: . ~~ . RECOMMENDED MOTION-AND REOUESTED`ACTIONS• Recommend the Commissioners approve the HCCBG Committee's recommendations. Signatures " needed on D'OA=.731, ~DO,A-732 and DOA-734.. . . - ~; . FUNDING SOURCE: ~. . -,.. _ - ~ , .Federal $: 413,120 State S: 21,743 County ~: 453,106 i Uses Fees S:, ..Other ~: USDA ~fr,888 °J " Money Is In Current Budget: yes ~ New Appropriation-Regtiest: •. Budget Artiendment Prepared: " . ' REVIEWED BY:. ; = LGL:. APP. WCOPLEY FIN: APP BSHEL;L ; BUD: APP CGRIFFIN_HR: N/A AMALLETT - ~.. O NTY MANA` ER' . MMENT AND ~REC MME f • NATIONS: ` ' ~ Request approval- as recommended. .. ~ COUNTY C4MMISSI~NIE~$ . .,. - ;REJECTED ~ ~" ., =R~i~10VEp. t~ 135 _r Refer to Office Vision Bullet i p i io ~ ~~ .~~ MINUTES a New Hanover County Home and Community Care Block Grant ._. _ Advisory Coni~ittee Meeting April 10, 1996 Committee Members Present: Annette Crumpton Bill Royals Bert Kring . Dick` Gerrish Ruth`Parenfeau Others' Present: Dottie Ray -New Hanover County Finance ~ ~' -j :' Libby Lewis -.Well-Care & Nursing.Services, Inc.. ~ ' ~ ~:. Linda Pearce - Elderhaus, Inc. Jane Jones -Cape Fear Council ofGovernments/Area Agency on Aging Cris Dixon -Cape Fear Council of Governments/Area Agency on Aging . - ~ - ,,. The meeting was called to order. Annette Cumpton went over the proposed revisions to the " FY96 budget and explained the basis for the redistribution of funds. Due to budget cuts at the Federal level, New Hanover Countys block grant funds for FY96 have been reduced by $119. Annette proposed that this amount be taken from Congregate Nutrition where it would be missed the least. Regarding the FY97 budget, Annette stated that the State has approved their request to reduce - the minimum on Congregate Nutrition by $4,000 and increase the .minimum for Home Delivered- Meals by $4,000. The new minimums would be: ~`' ' ~` ~ ' ' Congregate Nutrition ' $79,561 ~' ~ _ .. _ .Home Delivered-Meals ---- - ~ $49,752 Linda Pearce questioned why the .County Commissioners approved the .lead agency.at such a .late date this year. Jane Jories explained that the hid package from the Division of Aging did not ~„ _ _ arrive until February 22, and some counties couldn't schedule their meeting until mid-March. More discussion followed regarding the shifting of funds for FY97. Annette explained that~it was ~-~' proposed to decrease Congregate~Nutntion~by,7% in order to add funds to Home Delivered' ' - ~r~~zvvd - ; t' n i . ~ 9 ~~ Meals where the need was:const fatly grow.~ng r m Z, ~ ~, ~ h i~ Xa" V L ~' , ti.~ , ~.-, ~~p ~~;~ ~~ 36 w ~F,~,: r~k, ,,,, _ ~ ~?.. , ~_ .- ... - -- , Minutes - HCCBG Advisory Committee. Meeting - : . . - April 10, 1996 Page 2 -- . Because of demographics, New Hanover County will be getting an additional $9',027 in Block -' . Grant funds for FY97. • It was the consensus of the committee that these additional funds should . be added to Care Management.. because this-area afforded the most .flexibility in utilizing the funds for the benefit of~the.,greatest number ofolder.adults in the county... - .• - - - -" Ruth Parenteau (Senior:Tar Heel. Delegate) mentioned. that-they had requested an additional. ,~-; $10 million from the general assembly. They have the governor's support and hope toz get at•least - ~ $6 million when the general assembly. is finished~with the request: She also noted that the requested' $10 million would, only take care of about 60% of the current needs of older americans across the state. ~ , - • ~ Regarding need,. Libby Lewis (Well Care & Nursing Services) said they currently have 98 individuals on their waiting list for In-Home Aide services and that the list was. growing daily. - Linda Pearce spoke regarding Adult Day Care: She. said they are doing fine with their,current fundin g and didnt see a need to increase at thu time. She d-id,,however; ask for consideration of Adult .Day Health in this community based on an increasing-need for this service. Linda also stated they are currently running a capital campaign and will be building estate-of-the-art adult- °° da care facilit in Wilmin on that will accommodate 80 artici ants. y y ~ P P - _ " • Annette,questioned whether Care Management money could be used for Adult Day,Health. Jane Jones said she will speak to Jodi Hernandez at the Division of Aging and get a ruling on this: Dick Gemsh moved to add the additional $9;027 HCCBG funds for FY97 into Care - - Management..Bert Krieg second. The motion passed unanimously. ~- - The final recommended breakdown ofHCCBG fundin for FY97 was as follows: g Transportation $ 40,998 - . Home Delivered Meals '. 70 638 -. .. ~. Congregate Nutrition ~ 79,638 Information & Case Assistance 30,208- - '. Senior Center Operations 24,185 - Care Management 39.,974 ` In-Home Services 105,093 / Adult-Da Care - 44 206 Y ;. - Total HCCBG Funds $434,863 - Minutes - HCCBG Advisory Committee Meeting -. ~ ~ • April 10, 1996 Page 3 Annette.stated that the same- contractors, Well~Care & Nursing Services, Inca and. Elderhaus; Inc., would be•used again for FY97. She did announce, however, that a"contract with a new food vendor, George Newbold, had been negotiated'. The meals will be prepaied in•the kitchen at the Senior Center on College Road for a unit cost of $2.05 per'meal: This is $0~.23•per -meal • reduction from the FY96 contract with Service America. There being no further. business, the meeting was adjourned at 11:05' a.m: r .. 1 ` 1 a, 1 • ~. • A ' - . `. n. ~ • I' -'. •. j - 138 ., °. ... .. ,~ ~ ~ q ~j o ~. it ~ c+ . ' ~.. - ~ ~ • U ~. ^ - G L ~ ~ ~ ~ ~ ;" ^ tV ^ ~ 4 . . ~ X27 = _ C N ~ r H Z Z ~' Z Z ~" O ~ ~ ~ ~ ~~ ~ i ' ~ }} i ~ . _ , . 2 r. -. ^~ ~Q ~~ffi ~ m, ~ ~ ~ ~ ~ '~ m ~ ~ m ~ R . ~. ~ ~ 2 Z Z . ,. ~ ' ' ---- -- - -- -- -- ~ ZS . LL ~ ~ ~ h .. F-. ti U Z ~ g ~ ~ ~ s ~ . - J J J ~ _ ` ~ a. .: ' . O ~ ~ ~ . . . . C O Z .. `~ n ~ e~ r ~ ~- ~ ~ C7 Y g ~ . ~ .~ _ : pp 10 _ V ~ , U ~ ~ t 7 - ~ ~ ~ ~ ~ ~ ~ ~ _ rn v n_ `~ ~ ~ .. ~ „ m 7 U ~ -_+ c E ~ _~ _ ' O ~" ~ ~ ` = ~ ~ ~ ~ _, _ . , ~ s ` t ~ ~ ~. .. - ~ , ' .. _ ~ n g . ~ e ~ -- ~ - - --- - -- - -~ - -- - 8 ~ , , ~ ~ ~ , ' ~ C . ,. ,. _ t - ~ m CC ~ ~ m C m o O _ ~ 2 m a ~ ~ m C ~ m V ~ '. , ~ ~ N ~ ~~ ~ b ~ a~q _ ~ ~ Q .139 M-- U ~ SJ _ . .. .. DOA-733 (Rev. l /96) ' Home and Commnnity~Care;Block Grant for Older Adults • . _ County Funding Plan., ~ . - Methodology to Address Service Needs of L'ow-Income Minority Elderly (Older.Americans Act, Section 306(a)(5)(A)(ii)) Community Service Provider ~ New Hanover County Department of A~n~ County New Hanover County, July 1, 1996 through June 30, 1997 The Older Americans Act requires that the service provider. attempt to provide services to low- income minority + individuals in accordance to their.. need -for aging services. The community service provider shall specify how the"service~needs~of low-income minority elderly will be met through ,the services identified on ; the Provider Services Summary (DOA - 732). This narrative shall address outreach and service delivery methodologies that will ensure that this target :population is adequately served. and, conform with., specific ' objectives established b~y th'e Area Agencyon Aging, for providing services to low income ~. .; minority individuals. Additional pages may be used as necessary. ~ _ .. The Department of:Aging will continue to focus. service delivery, to the low income minority with special consideration to those elderly deemed "at risk". A nutrition site was ;opened in the Castle Hayne area 95/96 to address the needs. of low; income in the rural pockets of New Hanover County. The Murrayville/Gordon Road/Nocth Market street, an adjacent area, has been targeted as another "rural" area yin need'of service. Low-income minorities have been identified and the assessment process'is underway to determine the extend of th_ a need. The departmenttwill attempt to establish partnerships with churches in this community, as with the Castle Hayne Council, to address the needs of these elderly. Home Delivered Meals and transportation will be available to those most in need. -... is '.: A "managed care" approach will continueto be the format for all service delivery. The department realizes~'the total healtH of at risk elderly must be addressed. The daily living tasks of these people are multiple and require a holistic approach for resolution. .. The department will begin a program of nutritional assessment for low-income minorities most at risk of malnutrition. The pilot program will. begin with assessment of persons in one nutrition site and later move into other nutrition sites and to the Home. Delivered Meal program recipients. ;; 140. .., . . . DOA-734 (revised 4/9~ .. ~/ ,~ ° _ ~ .July `1; 1996. through June 30, 1997 . ,. 4 ". ~ ~~ Home acid Community Care Block Grant for Older Adults . -- •. ~. Communit Service Provider. _ • Y .~ ~ -Standard Assurances " NHC Department of Acrncr agrees to provide services through'the:Home-and ~• . (Name 'of Provider) Community" Care Block Grant, as specified on the provider Services Summary {DOA-732) in accordance with the following: " .. 1. Services shall be provided in accordance with requirements set forth in: ' a) The County Funding Plan • - b) The Division of Aging Home-.and Connmuruty,Care_ Block Grant Procedures Manual for Community Service Providers ' . ,~ ~ .. . ~ ... . c) ~ The Diwisio.n of Aging Services Standards Manual,'Volumes Ithrough IV; ~~: - . ` . v. c ~. Communrty service providers shall. monitor any contracts with pro iders of BIo k • Grant . -~ ~Sevtces and take appropriate measures to ensure that services are provided'in accordance with the aforementioned documents. ' .< 2". Priority shall be given to providing services fo those older persons with the greatest . economic or social heeds, with particular attention to low-income minority individuals. The service needs of low-income minoi-it elderl wilt be addressed in the manner y Y • specifed on the Methodolob.v ro Address Service Needs of Low-Income Minoru . , _ 4'i~ . 111derly format; (DOA-733). • " .. DOA-734 (revised 4/94) 3. The following service authorization activities will be carried out in conjunction with all services provided through the Block Grant: . ,~ a) Eligibility determination b} Client intake/registration c) Client assessment/reassessments and quarterly visits, as ' appropriate - d) Determining the amount of services to be received by the client e) ~ Reviewing cost sharing/voluntary contributions policies with eligible clients. 4. All licenses, permits, bonds, and insurance necessary for carrying out Block Grant Services will be maintained by the community service provider and any contracted providers. ~. As specified in 4~ CFR 92.36(b)(l l), community service providers shall have procedures for settling all contractual and administrative issues arising out of procurement of services through the Block Grant. Community service providers shall ' ~ ' . 1 9 have procedures governing the evaluation of bids. for services and procedures through which bidders and contracted providers may appeal or. dispute a decision made by the community service provider. _ 6. Applicant/Client appeals shall be addressed as specified in Section 7 of the Division of ,„ ~ .Aging Home and Community Care Block Grant.. Manual, for Community Service Providers,.dated July 1, 1992. , . ~ -. . /~ ~ommunity service providers are responsible for providing or. arranging for the ,. .,. .. . ., - DOA-734 (revised 4/9~ I ~ - . ,. , provision of required-local match, as specified on the provider Services;Summarv, (DOA-732). Local match. shall be expended simultaneously with Block Grant funding. $. An annual independent audit which meets the reguirerrients of ,the Division of Aging Program Audit Guide for Aging Services, applicable North- Carolina General .Statutes and Local Government Commission requirements,. and OMB Circular A-128 or 133 - shall .be performed. For-profit community service providers shall have an annual ~.. compliance audit which meets the requirements of A-133. The audit shall be ~~ . ~ ~ ~ ' - .performed within six (6) .months of the close of the .provider s fiscal year. .. _; .. ~I Upon•.completion of the audit, a copy of the audit report and any opinion letter shall be simultaneously provided to the County and the Area Agency. ~ ~ ~ , 9. Compliance with Equal Employment Opportunity and Americans With Disabilities Act ~` ~ .-re uirements as s ecified in ara~ra h fourteen- 14 of the ~ r r. ~ r ( ) - Provision of County A;in~Based Services{DOA-733) shall be maintained. 10. Providers In=Home Aide,~Home Health, Housing and Home Improvement, and Adult - Day Care or Adult Day Health Care shalt sign and return the attached assurance to the area agency on aging indicating that recipients. of these services have been informed of their client rights, as required in Section 314 of the 1992 Amendments to the Older. - . Americans Act. ;. ~- - - . (Authorized Signature) ._ , ., (Date). ,, 143 ;~ = .: 1 1 f 1 1 1 1 1 e e io r I~ 'i~ REQUEST FOR BOARD ACTION . Meeting Date: 05/06/96 Regular Item #: Consent Item #: 8 Additional Item #: Department: Governing Body Presenter: Page. Count In Agenda Package: Contact: Lucie Harrell 5 U t3J ~:(.:~1~: NCDOT Road Additions BRIEF SUMMARY: Adopt resolution(s) adding the following roads to the State Highway System: King Arthur Drive Churchill Estates, Sections 1 and 6-D NorthChase Development RECOMMENDED MOTION AND REQUESTED AeTIONS: Adopt resolutions} r uivlijlvt; a~ux~~,: Federal S: State S: County S: User Fees S Money Is In Current Budget: Mew Appropriation Request: Budget Amendment Prepared: ~ ' LGL: FIN: BUD: HR: .COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. _ EOUNTY ~OMMfSSfQN~RS APpROVED`~ ~ ... , REJ EC7~b 13~ REMOVED' O! POSTPONED GI DATE ~~ . - - Rcfer to Office Vision Bulletin Boazd for Disposition Other S: 145 NEW HANOVER COUNTY INTER-OFFICE MEMO April 24, 1996 TO: Dave Weaver Assistant County Manager FROM: Jim Craig Civil Engi er RE: North Chase Planned Development The County's drainage requirements are being met at North Chase. The purpose of these requirements, basically, is to retain stormwater on site in North Chase in order to minimize flooding downstream. Although these regulations generally accomplish that purpose, flooding does occur in North Chase because water is backed up in ditches during large storm events. Also, the developer found and removed debris obstructions which were restricting flow. The North Carolina Department of Transportation has cleaned and replaced culverts downstream of the project which improved the outfall. However, efforts to clean a downstream section of ditch failed due to lack of agreement with private landowners.. If you have any other questions concerning this matter, please don't hesitate to give me a call. JC/aj ., 146 ~~ ~VP~°~Pr!ILi (4 F+~4?'° . ~ ~ ~1. 1'~~rr,#~Y~.1r0 ~`~~~r~ .~~JJgg~~~ 1 4 Yyl.~:l NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION ,, r North Carolina County of .New. Hanover ' Petition request for (check one): Addition to State System (J~ Paving ( ) ~' Maintenance Improvement ( ). We the undersigned, being property owners on ~L I f~G ~-K'f}hJ~ t1~ ~ 1~~ '~' ~ (Describe or give .local name or Secondary Road .Number) in New Hanover County do hereby request the Division of Highways of the ~- Department ofTransportation to M A-r ITA-~, a the above-described road. We further advise that the road requested to MA ~f„1;~~ is I miles in length and at the present time there are _L_ occupied homes located on the road and having entrances into the -road. ' ® Finally, we agree to dedicate to the Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of - Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary, areas outside the right-of-way for cut and fill slopes and -- drainage., Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design .purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS ~' ;: Four copies of recorded subdivision plat enclosed if applicable. , ,, ~ PROPERTY OWNERS ~ , ~ ~ NAME MAILING ADDRESS TELEPHONE The Division of Highways'should contact the first petitioner listed below: '.1 'I ',1 II C;HARI FS ~I r~P11U..~1 (~ Q ~-?-d~-y'~~ 108 KING ARTHUR OR. . CAD .. ve •.~~-^~.-1996 ~~ o . w . nG rIONERS Revised Form SR-1 (5-83). All previous forms obsolete.. / c ~~9 ~ v ~ ~ s iii - ..r,., ~ ,I ~ `~ t ^l 4 ~.~ a x ' / 17 ~ <'t c^ fo o v ~ a 9 A -~ z ~ 9. ~.~~ ~0 • l_ J P b o~ °,• F pO ~ ~ /~~ IJUn0 7 f C~otE~ ~, ~ _ C~ fp OP O D .. j ~ lAK a:lT ~'I~ _ at ` 6 ~ N re ~ ~ ~ ' a ? s} „ '^ to~E,,i3 O h OP PV l3 NO j e ~7asEE °E~c]G^ ~• F. .~.., DatvE u v yP S>0P ~ :v s ° ... __ ~ / gst`~'D>°f pa / o`' d ~4• .~ ~ ~ C ~ l0 0 y p ~0~' O 0 ~ ~ y K ~~ 0 ~ 0. f09 ,QOS,N 3 oQ Ea p . ] ES ~ ~,PC ~ .~ ~ ~~~ ~~ t r44 ~ F ~ Tq~ G ~ ~, BEq R0. ~. (~ 9 0 v ~.? ~ 4~~r ff ,~,~ 4 0 . (' ~ ~taE ~ v 4 a W r GC 4, ~ C N Cy ~ ~ ~ .p~" ~J Q~ ~ '`~ Oq 9q PO i ~ - `~2 `.Fr~ 2 _ C X844 '1 1 ~ CUSS ~ ~~. ~ .~ I _ $F+Y:~ d y IJ c I ~~/ BIyH •:,~~ 9: ~ V• o °~ Lp 'FE '9 ,~ O,i~ a '*L RUN 0 ~~ ~ / 0 Et Cp : ~ S .7'' , n° ` ' Q~1 //~(/ _. EO n vIKIRO ti7 ~ ~' (O r e~ REOWINO 1,,1NE ~ ~` pO ~ ~ sK~~~ ~ IN oz CCri1J~ Qg y-ta !3l:.CK W)N6 a 9q C: ' ~ C? ~JL 0q,~''~1,yr z ivr a`E C I^ '~~ P /cC lt,.v~~ ,( A ryt~ R' / ~ C ^°:.,, (! U ,r Co`~ F ~tif i D ° 00` ~ 1 flu C . / t: )I ~" ° ~ ~ ,` roc `" s7•yf°" . o°, ~'.. ~°3 •~ / ~ j~- t r i Pv 2 ~ ~ 7 .~ 4 ~~ P .. • A REYn OIp] S _ t' 'fS G r ~ 1~ `y s_ ,e% ~ .: RISE '9) f Cr,. ~ ~ / - c~~~ ° w O r 9~ Cyr' I ~cCUra9E~ ' n Jq-G 44^ o o n `' ~ CE, F { / 0 2. ~OEwaTER try S.. ^r ~ ~ ]~. ~ q~F .G. ~ • ; ~ . o ~. y^ ; ~ ~ RC'LI.Y LN ~CEN ^ u hP C~S T O •. eyy n / P LP `CiEf{~7yyJ~~{{... 0 ~1. W Q %v 5 C~9 ~ ~ I ~ ~,~ f '/.. ~ ~% Ti.•. ~, 4.°~I K (<<r z =4 ,g~,, prd ~ t'. D O ~ •. P ~ P ~ Q % ~T 3 c. ~i~ ~/~ pOy CROS.ry~• ~~i ~f-: ~~OOt~ 4 y a P p •V~ }i. ~ C, > L/~ .W).C9 9fl 9c~r ar0,~n00tf JN~OOV ~ ~ / 3 ~ r :a .. ~ ~ O+.J o 'c~ f ~•Y - / irJ ( f Wit, / E.tGj0 ^~ ~;,~ ER ,W •. ~ _ u .. 9a (if 6~ . ~.. .~ ca • oP ~E'O~r Foy `~ 'ti `' ~ °o• y°q ~~.• °o / 1 •,,4i'~E r.',y~ c:+a •• "q0 SC~EQ +•viC _~ "4 .. E• ~~ .'`' "or~J f'(S / a. av S O al, / yE, 4;,, ~r }_ f , r r J~?~ • ' Z 3 O ~ M~r4~ " '__ • ~ ~` Q "mob ~' G t 90. / .( .( _ V `c4 D V } `SJ 'E J ` ~. 'T ~ y A, .1'k T ~ // // ~ i JIV14 ACT' 3 ERRY 4VE ~ i T ~ 8q, ~.~/ ~• // /~ / wL~.~ PGRK ]VE. w YARD ~ r • ap p0 ~ % .i ~, ~ ROV E~]NO ~ Can ~ ~ ~ ~•• O_ =W/7 "~~'/ S ,(/ /. f`~~~~~~ ~C:~1T -~~(/, t~~'S~-"1' ~ 0 Orr. '.}9 r ... .~.J `5, V v'~ ~ i ~i GE a MN t C e,` N ~ 'J ETM S70u i _ .:o ~ jO 4 ~ .Jb r ~i:Qe R VE I~{ q{) ~' ~ I AZAICA D G P ~N ] zi • Y ~ NG~ q~ ,~ R TO.. 091. ~In,N q0 ' COVINOTON RO IiOllDvl -_ ._ IN ; E~~S :f~ ,~ 4 y i, p t KIMOS'[DN RO ? r~ c ~ rEF M q CT tp r or 0 0 ~ ~h q T EE _ ~ ~ r tlnRAD FORD RO '~ yn~. M'OOb ifx ~ of ,t~ P ~ ~ ~ ~ `` ~ A F Z O 3 ~~ _ G O• PO FOX RA9&T RUN T RUN S ' - C ~ NDlE4 ~ ~ RUN / .. - -- -_ - •~ r ,n L CZ • i .. /~ ~ . ''!.J r i ' .~ / ~ / /' / /J/ it // /I NORTH CAROLINA STATE OEPART~YENT OF TRANSPORTATION AND HIGHWAY SAFETY DIVISION OF HIGHWAYS-PETITION . North Carolina County of New Hanover Petition request for (check one) Addition to State System (,~) Paving ( ) '~ i Maintenance Improvement ( ) ~.~, We the undersigned, being all of the property owners on Churchill Estates sections see below (De5Cr1 e or give ocal name or Secon ary oa Num er ~n .: „ u T County do hereby request the.Division of Highways of the Department or ransportation and Highway Safety to add, the above described road. We further advise .that the road requested to is miles in length and at the present time there are occupied omes ocated on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways aright-of-way .- sixty (60) feet in width extending the entire length of the~road that is re.^,uested to be improved along with the necessary areas for cut and fill slopes and drainage. Also we agree to dedicate additional right-of-way in the public road intersections for sight distance-and design purposes and to execute said right-of-way agreement roans that will be submitted to us by representatives of the Division of Highways in order that the Division of Highways fulfill the requirements of Chapter 1244, 1959 Session of the General Assembly of North Carolina. ~, REMARKS -Two copies of recorded subdivision plat enclosed if applicable section 1 Churchill Estates High Density from north Kerr av c - section -D Brandy Court, Lloyd Court & Glilliam Louis Drive PROPERTY OWNERS NAME ~ ' ADDRESS ~ The Division of Highwa s should contact the first petitioner listed below: ` ~ ~ l _ ' , /;,- W. G. GrathWOl P.O. .Box 3215 iJilmangton, N. C. 28406 I B ~~ ~~ Revised Form, SR - 1 (7 - 73) all previous forms obsolete .. • •~ 1- I •~ ~; LOCATION MAP •. (n. t.,s, ) • ~ C(_AIMIr;F C ~ • ~., ~, _. k~'•~„J:. 'N! 3 ~,•~ ~ ~ New N f ' •„1 ,~•• ce I ve'h~ . , ..;,r lbw , ~'`' ~o, .. C E • i ~ -- I ,. • ` J • ~` } t~ ~ ASE - A4. ~ 1 ~ ~ SLAV ` 1~.!L )t~.~ ~ ,p 1 ~~ ~ . ~ 3111 1 ! .. 1l32 ~ f'~• • ~ `rte `~ ~ ~, t,r~ 1„! -1M • ~ ~ ' ~ .. t ,~~•. ~' 7 0~' IA's IH• tU• ' ~ 1,71 •'•/ `(. '•'~ l~ ;' ' ' \ . ~ . ;`~ ~~ c ~ ~ i Y .'.i ~ ~ ~ ,.~ - ~- , i, ' `; . i r ~ ~ I `1 ~ . ' ,_J ~~ ..~ .. ~ ~_ _ _ ~ .~ ~. . ~ • . ,. // ~ .. . , !•~ -~ 150 . ,. . ~~,. _, w a i f ~~ i~ r Ir ~~i ..•. No TIZ HCHt~E August 29, 1995 New Hanover County Board of Commission.ers~ 320 Chestnut Street Wilmington, NC 28401-4093 Attn: Ms. Lucie Harrell. Clerk to County Commissioners RE: Acceptance of Streets Into the N. C. Oept. of Transportation Maintenance System Dear Ms. Harrell: Ammons NortfiChase Corporation would like to turnover the following streets in the NorthC hase developme nt to the N. C. Oept. of Transportation for m aintenance and . addition to the state system. SUBDIVISION, STREETS NUMBER OF STREET LOTS SERVED Lf NGTH 8erklei~h Section 1 Brinkman Drive 5 260` Section 2 Brinkman Drive 5 380' Tandem Court 6 -225' Section 3 Brinkman Drive 7 380' Section 4,5 &°5B Cabot Orive 13 515' . Damon Court 8 380' Section 4B Cabot Drive 5 370' Section 6 &~66 Answorth Drive 12 '. ~ 610' Brinkman Drive 4 240'. HeatherRid~e Section 3 HeatherRidge Or 14 Section ,4A & 4B Mabry Court 8 Section 5 Queensberry Ct 6 Binford Court 5 Monticello Ct 4 Section 6 Ashebourne Ct 7 HeatherRidse Dr 3 AMMONS NORTHCHASE CORP. 4510-A NorchChase Parkway NE Wilmington, NC 28405 (9IO) 799-5723 FAX (910) 799-2111 860' 370' 280' 27.0' 213' 255' 180' ~ L':., .Al~~ 3 1 95 i_ Ms. Lucie Harrell New Hanover County Board of Commissioners PagE 2 August 29, 1995 SUBDIVISION STREETS NUMBER OF STREET LOTS SERVED LENGTH REGENCY MANOR Section 1 Dalton Court 6 335' Chandler Drive 3 .610' Section 2A & 26 Chandler Drive 15 1120., DANBURY FOREST Sections 1 & 2 Brucemont Drive.. 36 1430' COLLECTOR STREET NorthChase Parkway --~-From Bridg~ePort Orive 2750' Northward to Hwy 132 Intersection PARK OF COMMERCE NorthChase Parkway NorthEast 15~ - 2080' Enterprise Court - 6 500' Merchant Court ~ ~ ~ 4 470' All streets listed have previously received (1 } construction plan approval and (2},actual field c°onstruction app rova•1 from the NC Dept. of Transportation. Encroachment forms for the New Hanover County water and sewer lines have been completed and are on file at the NC Dept. of Transportation offic e. All - streets meet NC Dept. of Transportation requirement s for serving , privately owned lots and residency requirements. Please review the submitted information and be gin the process to have these streets accepted into the NC Department of Transportation roadway system. Please contact our office if we can be of any assistance. Sincerely, G~-S Andrew L. Ammons President. ALA/ebm cc: Mike McDaniel NC Dept of Transportation 152 -~ .~ t DANBURY • ,,~••~' '~/ FOREST ,'-~ •( / ` .\ ,, '•I \ ~, •' '. ~, . ' : a // ;~ y / (~ \~ J ~ ~"VVV/// / \ 1 \\ .t REGENCY ~"~ •• ' \~( ; t t ,/ t O ~~ ~// ) Y I C~.• CT. •~\ t IC t / ~~ ~ n ~+ ~ / / t ~ ~ t` ~ t ~ .~ ~• •'• ~ / t fJ _ . 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NEATHERRIDGE ~R`A COT "~ Z 1-~ ~ ~ c .: ~ . ;~Y ~ :~= ~ ~ ~ ~ COVEMBVp EP,IDGEPORT _~ LO' 's' • • r`0~ , F~URE'DEV , °~`PC. i i - - FLOP . MFN7' ~ ~ i ' ~ _ - •, i ~ , fFSON ~ 154 .. ~ ., ~ ~ -, x ~ n ~ . .- ~1 Y ~ b ~ •• ~ , !. ; ' Y L ' - AI ~ _ !O ~ ~ - .~ .. ~ Y ~ ~ ' as .- K ~~ , ~ AI ,IAIII t ~ ~ iII , I,~, _. F~, III ;`~, r i REQUEST FOR BOARD ACTION Meeting Date: 0/06/96 Regular Item #: Consent Item #: 9 Additional Item #: Department: Social Services Presenter: Page Count In Agenda Package: Contact: Amy Akin JUt3JC.l.1: Award of Request for Proposals (RFP) and approval of contract #96-0321 for collection of child support by private contractor for FY96/97. BRIEF SUMMARY:. The current staff at Social Services collected $x,000,000 in child support last year but the Social Services Department does not have adequate staff to pursue all the cases of back child support. Therefore, a RFP was issued to establish a contract with a collection agency. Because this is a very specialized area of debt collection, it was a primary concern to staff to award to an agency that had the required expertise. Three proposals were received and staffhas thoroughly evaluated each proposal. Please see the attached letter from Wayne Moms and-the table for details on the evaluation. The resolution for award and draft contract are also attached. Because of the length of the exhibits, a copy was not provided as part of the agenda package but all exhibits are on file in the County Attorney's Office. RECOMMENDED_MOTION AND REQUESTED ACTIONS: Staff recommends adoption of the attached resolution: 1. awarding RFP to David M. Griffith & Associates, Ltd., a corporation organized under the Laws of the-state of Illinois with an office located in Raleigh, North Carolina, at a rate of eighteen percent per collection 2. approving contract. Federal S:89,760 State S: ivloney [s [n Current Budget: Budget Amendment Prepared: County 5:46,240 User Fees S: Other S: New Appropriation Request: REVIEWED BY: LGL: FIN: BUD: APP CGRIFFIN HR: APP AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval. The DSS Board has reviewed this item and unanimously recommends approval of David M. Griffith and Associates, Ltd. .. _ ._ - R~~~ ~~'~ ~~e,a REMQ1tEC~° t~~` . ~S~NG~ ~ Refer to Office Vision Bulletin Board for Disposition DATE ",~, RESOLUTION OF THE BOARD OF C0~~IMISSIONERS OF` {' NEW.HANOVER COUNTY .... .: WHEREAS, after due advertisement, proposals were received and publicly opened by the Finance Department at 3:00 p. m., on the 2nd day 'of April, 1996,' at the County. Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following proposals were received for collection of child support by private contractor for the Social Services Department, RFP # 96-0321: National Child Support Center . David M. Griffith & Associates, Ltd. Percentage Rate for Service per Collection ._ 15% ' ' 18% Arvis S. Andrews ~ ~~ • ~ . 22% AND WHEREAS, after evaluating all proposals, staff has determined that the proposal from David M. Griffith & Associates, Ltd. best meets the requirements of the RFP; ~, AND WHEREAS, the.Social Services Director, the Finance Director and the County Manager recommend that the contract be awarded to David M. Griffith & Associates, Ltd., a corporation organized under the laws of the state of Illinois with an office in Raleigh; North Carolina, at a percentage rate for service per collection of eighteen percenr(18%°); ~ . AND WHEREAS, funds are being requested for fiscal year 1996-97 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for collection of child support by private contractor, for the Social Services Department, RFP # 96-0321 be awarded to David M. Griffith & Associates, Ltd., in the at a percentage rate for service per collection of eighteen percerit { 18%); and that the County is hereby authorized and directed to execute the contract,` contract form to be approved by the County Attorney. This 6th day of May, 1996. - - (SEAL) _ _. _ .. _ ._ _.. ATTEST: Qle~ the Board '~ Chairman, Board of County Commissioners ~,,~„;" s R 'fir. ~N!:. ~::~~r q,;,. rg rr... iJ.+ ~ i ~: .:~ i M 1 NEW HANOVER COUNTY INTER=OFFICE MEMORANDUM . T0: Amy Akin, Purchasing Agent New Hanover County Finance Office V ~-~' FROM: F. Wayne Morris, Director ~~~ _ New .Hanover County Department of Social Services DATE: April 24, 1996 _ RE: Contract for Collection of Child Support Our department has reviewed the three proposals received on April. 2, 1996, concerning collection of child support by a private contractor. The criteria considered. were: 1. Organization size, structure of contractor's firm, and ability to handle work to be assigned., 2. Qualifications of staff as well as reference checks and investigations completed. 3. Contractor's understanding of the work to be performed. Child support affiliations, associations, conferences attended and contracts managed by present staff were considered. Preference was given to contractors with prior child suppor-t collections experience. ,~ 4. The total cost by quoting a percent-age for all services to be performed. Our evaluation is summarized on 'the .attached tabie. We recommend that the contract be awarded to David M. Griffith & Associates,. Ltd.(DMG) This firm has successfully collected child support for many years. Although the percentage quoted is 3~ higher `than the lowest bid, it must be remembered that the .amount collected by the ..contractor will be a direct reflection of the company's capabilities. We feel their current and past involvement in .. collecting child support as well as the related experience of the staff that would be assigned to our cases is critical to the success of this project. The other bidders had little to no .experience in the .collection of child support. bMG has the proven •ability to provide an excellent me$~of collecting the past due child support owed to our chic n. They have developed and are currently utilizing a software .. _ :.~. i MEMO t t t A 1 1 1 1 1 e NEW HANOVER'COUNTY INTER-OFFICE MEMORANDUM. • T0: Amy Akin, Purchasing Agent New Hanover County Finance Office .FROM: Alice D. Cumberworth, Chairman New Hanover County Board of social Services DATE: April 26, 1996 • RE: Contract for Collection of Child Support At their meeting on April 26, 1996, the' New Hanover County Board of Social Services voted to recommend that the Board of_ County Commissioners of .New Hanover County award a contract to David M. Griffith and Associates for the collection of child support as specified in the Request for Proposals #96-0321: • Priv.9 159 U 0 N Q 1 0 L O C v U 3L N N Lo O '-' y +> ~ U C ~ C ~ ~ ~ ~ ~ L )., fV Q1 N '~ f0 Vf 7 d. H .N ~ w '~ O C C~ p (4 O _ fo Qf y0 D. ~ O O ~ ~ ~ ~ ~ ~ ~_ N ~ ~_ CO ~ (D C ~ N ~ 7 C O O p f0 L p 7 N C 0 coy c ~ a ~ _. o~ y 3 v a~ rn O c 3 a >. o m = o_ c ~ ~ ~ 0 E" ~ oL c~ ~'aL N ai N E N c~ o~ c O C~ 7 U U~ y 0 •~ co 0 a E a~ L °' uc tL-O.~yvv°oE°m'~~o fD y d L LL N~ t/lY ~ y ... ~, O co N C f>9 ~ O p (o (9 d. 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Y _ t ~x i .. -_ . _ -. ~ _ _. _y .- y f . .. .- - { 4 ._ °,:' - . ~, ' . .DRAFT , . ._. .. ~. ~~~` ~'' ~ ~~ ~ ~ New Hanover'County Contract # 96.- 0321'' '-~ ,~~. - ..; NORTH CAROLINA _ , '; ' AGREEMENT ',, NEW HANOVER COUNTY - .. ~~ . ;4 ~ . .. r' ~ THIS CONTRACT; made ,and entered into this-. day ~. . , I ,. of ° ~ ~ ~ .~ 1996, by and between NEW HANOVER ,COUNTY,. a '' ~. ' ~~ ' ,political. subdivision of the State of North Carolina, hereinafter referred. to~ as "Courity"; ; n `. , ;~ and DAVID .M'. GRIFFITH 8~ ASSOCIATES, LTD., a foreign corporation organized. under the laws of the State of Illinois, `hereinafter referred fo as "Contractor". - . f, ~ ~ ' 1`NfTNESSETH: ' ~ WHEREAS, .County .,advertised for proposals for collection _of child° ,~; ° _ ~ . support byprivate contractor for theSocial Services Department, Bid #96-0321 ,_ ,r Arid bids were received and opened as .required by law; and ,., ~ . «. ~ , WHEREAS, after careful consideration of the bid proposal submitted by ~~'' Contractor; the.Board of Commissioners of New Hanover County has 'adopted a ` y ` ~~ resolution authorizing the acceptance of such '.bid proposal and the: execution of a ' . `v ~ contract with'Contractor covering collection of childr support according to Contractor's r . proposal.. ~ _ -_ . . `' ~ ~ ~ NOW, THEREFORE, in consideration of the mutual benefits inuring to the ~. i, .. - .. . 1 ,~ b parties hereto., said parties covenant and agree as follows: ~x _ ~~ ~~ 1.' ~ .Performance. .Contractor agrees to perform all the duties and ~. ~ . a obligations. set forth in the. RfP Package; .'which includes. .County's Technical... I,r ~- ~ , 'Specifications; Invitation to .Bid and' Instruction's to .Bidders; marked Exhibit "A"; . Contractor's Proposal, marked Exhibit "B"; and,: Clarifications- to ,Proposal, marked .~ ` .. Exhibit. "C", attached hereto and made part of thiscontract as though fully written f. ., ~. ~~. .. 1 .: ~. New Hanover County Contract # 96 - 0321 herein. 2. Term. This contract shall comrnence on July 1, 1996, and shall continue until June 30, 1997. This contract is contingent upon receipt of federal funding; any reduction or withdrawal of funding shall constitute grounds for County to forthwith terminate all or a portion of this contract. The parties may by written agreement renew this agreement for two (2) additional one (1) year periods upon the same terms and conditions as set forth herein. _ 3. Payment. Upon receipt of the monthly service statement for the prior month's service County shall make payment to the Contractor within thirty (30) days. 4. Indemnity. Contractor shall indemnify and. hold New Hanover i .... . County, its agents and employees, harmless against any and all claims, demands, .. causes of action, or other liability, including attorney fees, .on account of personal injuries ;or death or on account of property damages arising out of or relating to the ~. work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors. . 5. Insurance. Contractor shall .maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County, of the kinds and minimum amounts specified below. ... . ~., . , 6. Certificates. and_Notice of Cancellation. Before commencing work under this contract, Contractor shall, furnish. County with certificates of all insurance required .below. Certificates shall indicate the type, amount, class. of operations covered, effective date and.. expiration .date of .all policies, and. shall contain the following statement: _ .. ~_ ass 2 .. ,~ -. New.Hanover County Contract # 96 0321- The ~ insurance covered by this .certificate will not be canceled or -materially altered; except after thirty {30) days written .notice has been, received by County": ` ~: :. . 7. Workers Compensation andEmptoyers Liability Insurance; ~~ Covering all of the Contractor's employees to be engaged in the work under this ..,. . contract, pcovidirig~ the required statutory benefits under North Carolina.lNorkers ~. ... ~, Compensation Law, and: employers ~I'iability insurance pr..ovidirig limits'at least `in the amount of $100;000/500,.000/100,000. applicable to claims due to'bodilyinjury by ~ . ~` - accident or disease ;~, 8. Commercial General Liability. Including coverage fo~r~independent . ,~: contractor operations, contractual liability assumed under the provisions of.fhis .. ~~ contract, products/completed operations liability and ,broad form Property ,damage liability .insurance coverage. The policy shall provide liability limits at least in the . ,~' -- amount of $1,OOO,OOO.per occurrence; combinedsirigle Limits, applicable to claims due :~ ; t , to bodily injury and%or .property damage.: New Manover County shall be named as an ~' additional insured under this policy. . , •. . ~~ ~ 9. Automobile Liability Insurance. Covering all owned, non-owned and. hired vehicles, providing liability Limits at least in the amount of $500,000 per occurrence combined single limits applicable to claims due to bodily injury and/or ,-. ~; pro.perfy damage...... ~ ., - - ' 10. Blanket Employee Dishonesty Bond Protection.. °Applicable to loss or loss-.from damage to payments collected resulting from dishonest..acts•. ~ , committed by an employee of the Contractor.. The limits `of~the protection shall be in the ~; .amount of at least $200 000 a Iicable to all .loss caused b or involvin Pp Y 9 qne or more ~ . .- . ~ employees,,.'whether t;he_result of a single act. or series of acts., In addition to the - 1,!' i ~ ; ~~, . New Hanover County Contract # 96 - 0321 Contractor, New Hanover County shall be included as an obligee under. this protection. 11. Default anti Termination. If Contractor materially breaches any one of the -terms or conditions. contained in this, contract, County may. terminate this contract forthwith. Upon termination,~County ma.y, without prejudice~to an action for damages or any ottier.remedy, enter, into another contract for the completion of this contract: County may; deduct all costs of.completing, the contract'.from any ..monies-due or which may become due to Contractor. If funds for this program are terminated or .: otherwise unavailable, this contract is automatically null and void and County is relievedfrom any of the~.responsibility. This.agreement may be terminated without cause by eitherpartywithin thirty (30) days written notice.to the other party..- ~ ~ _ ~12. Non-Waiver. of Rights. It'.is agreed:that County`s failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance. of any performance during such ~ ' breach, shall not constitute a waiver of any rights under this contract. a 13•. subcontractors. Contractor shall be,fully responsible for all negligent. acts and. omissions of his or her subcontractors'and of persons and ~ . organizations employed. by them to the same extent that Contractor would be - .. responsible for these acts and omissions. Nothing in the contract documents. shall' create any .contractual relationship between .County and -any subcontractor. or other person or organization having a direct contract-with Contractor, nor shall it create any '-' obligation on the part of County to pay any money-due any such subcontractor or other person or organization, except as may otherwise be-required by lave: 14. ~ Assignment: The parties mutually agree .that thiscontract is not ~. ; 1 68 4 ~~' . ' ,.~r . New Hanover Coun Contract # 96 -'0321 ' ty - ~t - :: assignable and shall not be assigned by either party without:fhe written-consent of the other party-and the surety~to this contract.. ' ,~~- 15. Non-Discrimination. Contractor will take affirmative .action not to' :. f , ~_ discriminate,against any employee or applicant for employment or,otheiwise illegally. . deny any person participation in or the benefits of the project which is the subject of this contractbecause of age, race, creed, color; sex, age, disability or national origin. To the extent.applicable, Contractor wilt comply with all provisionsof Executive Order No. " , ~'~ ~ 11246, the Civil Rights Acts of 1.-964 (P.L. 88-352) and 196.8 (P.L. 90-284); and all applicable Federal, State and locallaws, ordinances, rules, regulations, orders, ,~ instructions, designations and other directives promulgated to prohibit discriminations. ti ~ Violation of this provision, after notice, shall be a materia{ breach of this agreement and - may result, at County's option, in a termination or suspension of this .agreement in ~~' - whole or in art P ~ ~ ~ ~ 16. Familiarity with. Laws. The ~Gontractor`'specifically acknowledges ~ . ~~: , . tfiat he has made himself familiar with all Federal; State and local Taws, ordinances,. ,~~ rulestand.regulations, including all Federal and State Occupational Safety and Health Act {OSHA) requirements, which may in any manner affect those engaged or employed ,~ , in,the work of=the project, or the materials or~equipment in or about such work, or in any way affect the conduct of such. work'and agrees that he; his' employees; subcontractors ~~' - . ,_ - ~ and suppliers will, at .a1 times, comply with same. If the Contractor shall discover any ' :,. provisions in° the Contract Documents which are contrary to or inconsistent with any ' such law ordinance, rule or regulation, he shall immediately give notice thereof to the ' ' ~ .County in. writing,identifying any items of work affected, and he shall not proceed until .. he~has received' written direction from the County wifh respect to these items. If the ~ ~~ . ~` ~ ~ .. . ~ New Hanover County Contract # 96 - 0321 Contractor .performs contrary to or.inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear alf~ costs which area consequence of such performance. 1.7. Notices. All .notices required hereunder to be sent to either<party.. . shall be sent #o th`e following designated addresses, or. to such other address or addresses as may hereafter bedesignated by, either. party by mailing of written notice :~_~ of such change of address, by Registered Mail, Return Receipt-Requested: To County: ~ :.. ~ .~ ~ ~~ ,. , New Hanover County Department of Social Services Attention: F. Wayne Morris, Director .._ .. 1650 Greenfield Street Wilmington, NC 28401 To Contractor: David M. Griffith & Associates, LTD Attention: Tim McKinnie 1100 Logger Court -Suite D-100 . Raleigh; NC 27609 r 18.. Independent Contractor. It is mutually understood and:agreed~that Contractor is an independent :contractor and not an agent of County, ::and.. as such, Contractor, his or her agents and employees shall not be ehtitted to any .County. employriment benefits, such as, ~ but not limited 'to; vacation; sick leave, insurance, worker's.compensation, or.pension or refirement benefits. . . 19'.. Interpretation: All :of the terms and conditions -contained in the' - contract documents shall be interpreted in accordance with .the laws `of the State of ~, North Carolina. , . ~ ._ ... .: ~ .. ~... . ~ ,.. - 20. Entire .Understanding. This contract constitutes the ~ entire understanding. of the. parties and contains afl of theterms. agreed upon .with. •respect to ~~ 170 6 <>~ New Hanover County Contract # 96 - 0321 the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. ,~,? - IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. ~, NEW'HANOVER COUNTY ' ~~ [SEAL] ~~~ . ~~ ATTEST: ~~~ Clerk to the Board ~~~ [CORPORATE SEAL) ,~~ ATTEST: .. ~~~~ Secreta rY This instrument has been pre- !~ audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~- ~` County Finance Director i I ~~ . Robert G. Greer, Chairman Board of Commissioners DAVID M. GRIFFITH & ASSOCIATES, LTD President Approved as to form: County Attorney 171 New Hanover County Contract # 96 - 0321 NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid; certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name. by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 1996. Notary Public My commission expires: STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of DAVID M. GRIFFITH & ASSOCIATES, LTD., a foreign corporation organized under the laws of State of Illinios, 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 official seal and attested by himself/herself as its Secretary. 1996. WITNESS my hand and official seal, this day of , My commission expires: 172 - .~ Notary Public .- .. _ _ ~ . k _ ,. ' ;_ - .~. REQUEST FOR BOARD ACTION . Meeting Date: 05/06/96 .*~. .Regular Item#; Consent Item #:.10 ~ ~ ~ Additional Item #: ~` - ~ e r Wa ne Morris , -, Department: DSS Present. r y r Page. Count In Agenda Package: ~ Contact: Wayne Nloris . ,, ,~' BJECT: SU , ' Renewal of Interim Assistance Prob am (IAP) Contract . -. BRIEF SUMMARY: In -1981, the DSS, with; the help of Bill Laney, then. the local Sociaecoucu~nd A dmnstration ty ~~ ~ManaQer, .discovered a provision in regulation that allows local DSS to r p p don behalf of Supplemental Security Income (SSI) 'applicants during the period in which heir. SSI application ;~ is being.processed. ~ On the average, w`e recoup approximately $7,000 to $8;000 per year through ~r , `this process. We are required to renew the contract annually although there are no changes:' IA:P ~~ is a small but effective tool for ma;cimizing county revenues. i'-i , - - -. - . RECOMMENDED MOTION AND REQUESTED'ACTIONS: ~ Request that the Chairman execute the contract renewal. ~' ~ ~ _ ` ., ~ . . - ,. ~, . .., 'FUNDING SOURCEc ' ; - .. , Fedet'at S; ~ ~', State S: 'County S: User Fees S: ~, ~. Other S: . ~ ~ ~_ •Money Is•In Current Budget:'yes New~Appropriation Request: , Budget Amendment Prepared: ._ Refer to Office Vision Bulletin Board for Disp . r ' APPENDIX B CONTRACT ID #00260 - 9 ~ .. ._ _ __. NORTHCAROLINA ; . ... _ ~ ~ , New Hanover ,COUNTY INTERIM ASSISTANCE AGREEMENT .: G. THIS AGREEMENT.entered into by and between the North. Carolina Department of -Human Resources, (hereafter, "DHR"), an agency of the ,'State ~of `North A ..Carolina, and the, County of New. Hariover (hereafter, the "COUNTY''), a body politic and corporate of the State of North Carolina; ~~~ .: WITNESSETH: WHEREAS, a number of counties in this State have created county- funded financial assistance programs for needy persons; and WHEREAS, payments from such programs are made from time to time to persons who have applied. but not yet received Supplemental Security Income ...(hereafter, "SS.I"),..and whereas payments from such programs are made from time to 'time to SSI recipients whose. SSL benefits have been suspended or terminated and it is subsequently determined that the recipients are eligible for SSI benefits for that period; and` '~~ ~ ' ~ _ WHEREAS, the Department of Health and Human Services (hereafter "HHS") will .permit. and. assist_.states. and counties _to recover from the first SSI,' check payable to a recipient any .financial., assistance payments made to the recipient ~f y:. , ~ ~ ~ n¢tik'C~~J r .xSU'~s+ " Pnrsl 1 ~. F Y-'~n:l i I , ~~,~ '. ~ U f: L'li~ C, o'~ 174. ~. , ~-~ ~~ ~~~ ~' ~ - , ., , -2- '~~~', ~ during the period theapplication was pending and Burin the eriod whe 9 P n SSI benefts ,are suspended ~.or terminated where it is subsequently .. determined, that the recipient is entitled to benefits for that period (hereafter,, "In i " ter m Assistance payments ); and .:.. ~ ~ WHEREAS, HHS and "DHR have entered into: a contract,' required by 3 HHS, wherein DHR has agreed to .perform certain .duties ..and functions to ±~N ~ ~ ~ obtain reimbursement for Interim Assistance .payments; and . - WHEREAS, the COUNTY. wishes to"recover` Interim Assistance _~.. payments pursuant.to the contract between HHS and DHR; and ~ T. ~ " . WHEREAS; DH.R wishes to assist the COUNTY in such tecovery in' ~~r ~ order to .encourage the COUNTY and other local govemm'ent .units to ~' provide financial assistance to needy persons from local a ro riations~ PP P ,. ~~ ~ ~ ~ . . NOW, THEREFORE, fog and in consideration of h'e premises and of ~ he further A reements herea ' 9 fter set out, DHR -and the COUNTY hereby M . .. .agrees. as follows: ~ . (t is the intent .and ur ose of.- the A re'ement that DHR shall - ~1 be the contractual intermediary between HHS and the COUNTY. ` " (2) ;Nothing herein shall .create any duty u'p.on DHR or the " 'j .. COUNTY ,to provide :.emergency. or Interirh Assistance. to-any .person, to - '} . continue any emergency or Interim Assistance Program existing as ,of the i ~ ate of this. A reernent, or to create 9 any new or additional emergency or I t i s : ~ n er m A sistance Program. . (3) The COUNTY hereby adopts and ratifies the contract _between . HHS and DHR a "copy. of which is 'a d d ; . ppen e . as Attachment A and ., incorporated herein by reference;'and the. COUNTY hereby assumes the r rights, duties;. and responsibilities.of DHR under Articles iV, V, V(, VlI, VFII y~ ~ ~ and IX of Attachment A except as may be otherwise sPecifed herein. ~~ ' ~` (4) " .The COUNTY'sha t retaih all records as required in Article VIII ` of Attachment. A and agrees that DHR (includin its. dul authorized " 9 Y representatives), as well as the Secretary and. the Comptroller General of . the United States (including their duly. authorized representatives) sfiall`have access, to and the right to examine.such records as provided in Article VII1 of ~ . Attachment A . ~, . . . r` + ` (5) The records of theCOUNTY' pertaining t,o inte.rim or other ` '~ emergency assistance payments for which" reimbursement is sought this A ~ pprr r em ~ , g e ent shall be confidential. as rovided in.Arttcle IX ~. P of Attac ~t . A, and , no such,. records or the information .contained therein shall be ~ . . disclosed except for the. purpose and in the manner provided.- in said Article IX. - -3- (5) . The. COUNTY shall obtain a written authorization in the forth in Attachment B and C hereto,' which is "incorporated herein by reference, from each recipient of .Interim Assistance for which a •~eimbursement claim is made and shall make all notifications and submissions to HHS which are required by Attachment A~within the time~frames `set o'ut in Attachment A. • - (7) The 'COUNTY shall provide' the notice • and conduct the fair hearings required by Attachment A in the manner set forth in Attachment D hereto„ the Provisions of which aye incorporated in #his Agreement. ($) The COUNTY agrees , to abide by any requirements now in effect or hereafter adopted by.DHR or HHS .with regard to reimbursements, distributions, accounting:, .:reporting, or- hearings 'arising under this Agreement. - ~ . -~ ;.: (9) _~ The COUNTY .shall pay to` DHR, in full and without offset, for transmittal to HHS, such :amounts _as DHR • aril HHS shall ultimately determine, consistent with any remedies provided in"Attachmert A, is owed by the COUNTY to HHS. The COUNTY agrees to hold DHR harmless from any. amounts which HHS ultimately determines is owed by UHR to HHS on behalf of the COUNTY.. .r ~ . - (10) The COUNTY may be reimbursed for emergency assistance .payments other than Interim A'ssistance' to-the extent that: (a) .. HHS, ~in its sole discretion,`' .determine"s `that other emergency assistance is reimbursable and provides for and authorizes such reimbursement; and ~ (b) The COUNTY has maintained • proper and- complete records of emergency assistance disbursements from • •, ° ~• ~- • ~ •which ~ °its ~~ ~entitlernent-~~•to- ~ reimbursement ~ can be accurately ascertairied. ~~ ~ ' ~.f ~ ~- • : ,(11) The COUNTY. and' DHR shall each pay their respective costs - for the administration-of this•Agreement, without contribution from. the other, except that DHR shall be entitled to reimburse,' entitled ~to reimbursement from the COUNTY for,an exceptional or additional costs' incurred by DHR in • connection with the -indemnity provisions of paragraph (12) of this Agreement. (12) The COUNTY agrees to iridemnify, save harmless, and defend ~~ DHR from any claims, • damages,' costs, fees,, or other losses or ,, extraordinary-expenses whatsoever arising out of any'erro`neous, unlawful, or tortious act or omission of the COUNTY or its officials,' agents, or .; employees in the performance Hof this •Agreement. - ~~ .~f .. - ' -4- , ~~ ~ - ` -, . (1~3) ~ The COUNTY agrees to comply with Titles VI and VII of the. ~ - ~ ~ Civil. Rights .Act of 1964, Section 504 of the Rehabilitation Act of 19 73, and ~ ~ the Americans with Disabilities. Act of 1990;. and alt requirements imposed by j, ~ or pursuant to the regulations of these titles. - ~ t . (14) The original term.of this Agreement shall be from the. 1st day ~ of July 1, 19.95. through the 30th day of-June 199.8. - - ~ f - ~ ~ (15) This Agreement shall terminate: - . ~'` (a) Automatically, upon termination by HHS or DHR or both .` '~- ~ of the contract appended hereto as Attachment A. ~~~ (b) At the. discretion . of either the COUNTY or DM'R. ,:r ~ , following advance written notice given to the other party ~~ ': ' a# least thirty(30) .days, in advance of termination... ' ~ c) AIl i o s . ( .work n pr gre s at.the time of termination shall be ,.. ` -- completed as provided in Article Xl of Attachment Aand ' in no event shall -termination permit a party to avoid:`any - :. ~ liability incurred by it under this Agreement. (d) ' UAon written.notice:given by HHS, DHR; or both stating that federal SSA funds for, continuation of the Intenm ,~' Assistance Program are not avai{able. ~ ` x ~ ~ (16) This Agreement, in whole or in. part, may be amended at any ~ . ~ a time by wntten statement. Such. amendment-will be mutually ` agreed .upon by all parties and shall be incorporated ~in written ~ . ~ amendments to this contract and signed by`all parties. ` ~~ ~ ' - - {17) Any legal proceedings to enforce,-.the provisions :of this ~ ; ±' -. Agreement shall be brought in. the court,. of _a ro riate ~~ P P P " ~ ' " ~ ~ - `~ - - 'jurisdiction sitting. in Wake Gounty,. North Carolina: ~ ' '- - - -" !4` . - - ,~~ - - ~, ~ . _ • . .. ;~ 7 1 . ~ - - . .. ~ - ~ ~~~ !N WITNESS WHEREOF, the parties, by authority: duly given, have caused . this Agreement to be executed in their respective names and their seals to be hereto attached, all as of the day and year.first above written. NORTH CAROLINA DEPARTMENT OF . , . HUMAN RESOURCES ..~ by Director, Division of Social Services . , ~. ;ATTEST - : ~ ; - : _ ~ -Date ~;~ :.- ~ -BOARD OF COUNTY COMMISSIONERS (SEAL) - = :. , . Thus instrument has,been pre audited 'As to Form and Legality . in the manner required by the Local ,Budget and Fiscal Control Act. '~ .County Finance Director •• ~ ~ ~ ' ' ~ "'C`ounty Attorney •. ., y,, .. .~~ ~ ~'. Consent Agenda , ~ BuC~get A]CYlEJC1C~~rxtent ~ May 6,•1996 ' ~---~ --~-~.~ ;.. ;~ ..:..:«.:,a ,...-~--~;~-~;;~:,,.-~..~..k.~»..,.... ,.,;~;, .~.,---.Item N A S~. ~ \ >;;,,.<.•. :rk.: .^t.. ..fin ..; .at.~ ~. :Nv:: ~...pw.OV.: •nr..~.a.:w:/:a'a`.i~^\K~:.\Ar.P..y ~ V J. r,. v~.. a. :.i.v .. ~i~.::~t.. >~ O r r ,• a `?~ .:F.. .a~ ~iiy: ~,.. ~k. .:~ .R; r'\. ~ ~c::.'Y~~.k`;Z2¢':v ..w rya..yaw:w:~..a.•F:R:r.:ky..r...>,.•~.:;~r`>~.Z:,~s.c>t,.Z~, k ~ r~ ~ :'e.,?`::~c:iK . ~i: ~ `' eh:. .:d Nc.K. ViY':a:.::a~ ~.[..a~w..~~.K. v..a.~..~~'aw'.~..>t[:S' fir):':.. ...:..n..... '; DEPARTMENT: BUDGET AMENDMENT# DATE: s ~~ '. - ~~ Controlled Substance Tax 96-49 ~ 5-6-96 ' i~• ~ ~ .. . .ADJUSTMENT: ' ~ DEBIT': ' ` CREDIT: ,. ' ~• ce _Tax Controlled Substan ~ 1 . Controlled • Substance Tax $1, 39.'1 ~ ~ '° h ~ .. { _ Controlled' Substance Tax ~ ~ -- . ~- ;Supplies. _ -.$1,,391 .u:; .. ,~r~ _ .. .. _ l - - ~ ., .~~, ~ - ~:. ~ .. ;~! ~ 'EXPLANATION., . To increase budget for additional. revenue received. Controlled . ~~ Substance Tax ~ fu-nds are bud eted as received and' must 'be, used °-for law ~~ ~. g enforcement activities as the Sheriff-deems necessary. • • . . ~.. . . . ,. . ^ . ~ ~ :.~ - ~. _.t*iy ~- :. .: _ 1h y_ .. I• '~PF7~Y S l `~ h ~ R~~r ~ G1~' ~~ ,. 1. ~ ~'' ~ ~~~^~~~~~ ~ ~ ~ ~ . Fow Budget0(fkcer's a~rt7va~cn report i7-~ f ~, ~ to Commisstoners at next regular meeting •~~T~~ ~ and enter_(n minutes .v a __ i ~;j,c+fbea ~iov d -' ` o PP e, by Commissioncrs DATA . ~ . ... _ .~ _ .. .. _ ,. ._• ,.,. ,.,,~,To.bc.entei;ed,Intominutcs. . , ~~ ~ ~ .. Consent Agenda B~xdget :A-.mendznezlt May 6, 1996 .~~r'c-'~Cv".i .•-`j,;~`C-t----fir`- '^-'Rt~'.,....•Ki-i•- °"..w--iw.•rtY~en-•«.re~..`lx~r;:.wr•rrr;.•~-Y.-»r.>•e-t-+-.r--• Item No 11B .. "i . t;„. 't:::c;^... ::`Pr... :a~`:~ :.a•.Y~s:;,r_:~:y: ~.;•,2..:>.::vr:N>.;, .. >.:..:` 2 :s^ J:Y~ ;.Q... 1;c .... ~~..ih: ~"`"r:y:. rJ..,,..,... :.; .a<•::...,y~wi~f•::~.".~f-~ ~y~•`_y ~~1 :~w:q.. P rti t ~', ~': .... Zu vP,~«.~?.a..<.ia, w.:<tic..Pl...,2~S.:a~:~Aw.......:::c.a...:~:... . ~..:.w.. ~w'i:: :.t:......i : .~c'.•~\~ uia~^.~:a:.:~ :::::.: \..a..)..i.. .....~:.~.~:°.;.: ..« ..R..:'C.'l`~::1.....::• DEPARTMENT: BUDGET AMENDMENT# -. DATE: _ •, Human Services Transportation 96-0188 5-6-96 ~ _.. '. ADJUSTMENT: DEBIT: ~ - CREDIT: Human Services Transportation Contract Services $2,00,7 Human Services Transportation - ~~ Travel $2,007 '_ ~1 EXPLANATION To adjust budget .necessary. 'due to the requirement of 'additional travei~,- - for Pat Melvin as a result: of her participation n'Transit 2001. ~ , The budget amendment would not `ordinarily iequire Commissioners' ' approval; however, " ~it`~ ~is . a .. requirement of ~ the N.C. Dept. - Of -, Transportation to have Board approval before they will approve. . y ~- ~ i F ~' C4. ., -,a, r q ~'~~ :.;OUNTY,COMM~ INNERS ~. - ~ . .z-. r 4 y; T r F-. 1` ~ O APPROVED ~- , > , _ , il ~ k - i~E.1ECTED= C1~ ~ ~„ ~~ ~ ~-~ ~PE~M,0IIED: ~ ~ ?For Bud'gct O,f[Icer~s approval; then report p~ i~.1 ~ g(o Cor-imissloners~at next regular meeting PQSTrVN_ ~ ~. ~ ~ Ei~ •, fand`cnte[ (n mtnu~es. . . . , i~~ '/• ~ To-be appcovcdhby?~CommLssloncrs. ' SATE To be entered Inlo minutes. . ` - . ~r ,/~ ~ ~ Consent.Agenda ' _ -Budget Amendment May 6, X996 ~~~ ~ % ~%//'~%%///~%%O%///~i/'////%%~~%///////~%%////%////%/~%~/Of////%%///~////////////////////////////%i/~~ iii///~O%~% =, ~' ~r .. ~ - ._ ,~ - DEPARTMENT BUDGET. AMENDA~fENT # DATE Social Services/Administration 96-0190 5/6/96 :~~ Child Day Care:/CP&L Intervention Program ~ ~ . ' ~ ADNSTMENT ~ DEBIT .. CREDIT ~~: ~~~ - . , ~. , •: - `` I~SS/Administration _ `"' Administrative Grants S6,690 ' DSS/Child Day Care ~~ . ' . Office.of Day Care $x;863 ~:, ` - - ~~ Day Care Services $5,863 ~; pSS/CP&L Intervention Program Assistance Payments $6,690 ,.., ,~. - .. ~l . r • ': , . ._ .: t .. ,. ~, .. ~ ~ - EXPLAhtATION ' To budget additional State funds for the Child Day Care Services Program and 'the CP&L ~' _ ,Intervention Program, (no addi Tonal County funds required). ,~ ~: , . . :, ty ~~tt *~ yy~~~~{ ~, ~ .~, ,. , ~ _ ~~ .... . u ' `~ ~F.or'Budgetofficet's approval; then report REJECTED Q ~ ~ ... „ _ `, ~ Y', ,~,, tofCommissioners r ularmeeting and enter in minute R~~AOVED b~ ~ ~~ PQSTPOMED` ~'To be agproved by Commissioners. DATE 5 6 X9(0 _ ~ .: ~: ~ . <<, „ :; ; .,,,~. ~~~To be entered mto minutes. ` Consent Agenda - Budget. A.mend~ment May 6, 1996 ~ / //%/ ~ ~ ~~~~~~~~~~ ~~~~~~i~~~~~~~~~~~~//% / iii iiii~~~~~~ ~, DEPARTMENT Sheriff s Department! Administration ADJUSTMENT chPriff c T~epartment/ Administration Other BUDGET AMENDMENT # DATE .. 96-0191 5/6/96. ~, . ~ ~-r Departmental Supplies U f' COUNTY t;0 APPROVEQ RE:IECTED. '~ 82 - REMOVEQ~ POSTPpNE! . !SATE ""`'~1 EXPLAI~tATION ~LJ To budget $5,000 received as restitution from a defendant for travel expenses incurred by the Sheriff s Department while conducting an investigation. ~MMI~S ONERS _~ _ Q `~ ~~ ~. , 3 a .- ,rr ~ ;u~~, ~ ~v~ ~;,rc~ f ~;~ '~ t ~`' For Budget Officcz's approval; thcn report s ~ ~'L, to Commissioners at next regular meeting 1 ~ a'. and y nter~in minutes. t ~ r ~To b~ approved by Commissioners. ,a .erg ` ~ ~' T li To bte'entered into minutes. ,~:~ ~ ~,; t _ _ ... . . .. .. , . ~ Consent.Agenda Budget Amendment :. ~ ~ May 6, 1996 / / / / / / / / / ~ ~ / / ~ / / / / / / / O ~ // // / / / / / / / / / / / / / / / / / / / / ~ / / / / / / // //////////~O / ~ / % ~ ~ % / / / / / ~ O /O / / / / / / / / / / % % / .n ~ , ~~ DEPARTMENT ~; BUDGET AMENDMENT # DAT 4 ~ Agin•g/Senior Center . 96-0192 5/6/96 ~~. '. ~ - ADJUSTMENT DEBIT CREDiT ~1' , _ ~ . Aging/Senior Center Other .. $5,740 • . ,~` ~ _ Ca ital Outla ~ 5 P Y ~ ,740 ~~ ~ ~ ~. ;~ . , • ~ - ~ •. , -. ~` • . T ,_ EXPLANATION To budget insurance proceeds:for the replacement .purchase of two pianos at the Senior Center.. - ~ . . • • :. ,~ ~` ~ ._ 1 ~~ ~ ~, ... _ .. t' _. COUNTY COMM1 .a ~ ~ , ,. '~ 1~~ ;. r APPROVED ~...; . . ~. , , ~_ F7EJECTED p ~ :. .~ .. ~ '- - ,~ ~ ;x ~ , ~,,, .~ ~2EMOVEp p x~ POSTPONED D .->. - ~ - ~ 'f,' ~' ~ For'. BudgetOC~cez' a l; then report ~`. ~aT~ -• is y~- _ - Commissioners a~ ~ula;meeting . ... _._ _ _ to r~ , . ~,. ~~ y.~ aca~,~ ,~.. ~.. a~.~; t /and cuter in minutes... _ V To be approved by Commissioncrs. ' ~ ~ To be entered into minutes. _ • 1~ Bud et Amendment Consent Agenda ' g ~ : ° May 6, 1996 •~ - _ • _ DEPARTMENT BUDGET AMENDMENT # DATE Vehicle Management 96-0193 S/6/96 ADJUSTMENT DEBIT CREDIT r y~hi_cle Management Garage Charges $100,000 l~ Purchases for Inventory $100;000. n ,~~ - . _ _ .EXPLANATION To budget additional revenue/garage charges to offset the ,~. greater than anticipated repairs required on County vehicles during this fiscal year: (~ ~.,_ . .:. ~, s - ,.. COUNTY COMMiSS10NERS?~ ~ ~ ~„ ~~`- #k~~~`-~k APPROVED `C~!~ ~„ f~ ~ ~ '_~~,„'~ . ~~ ' . ~. ' ,~~k~ ~~EJECTED Q. . ~ ~ ~~; >~~' k oSTP~~~ 0 J~. Y ~ ~ ~ .For Budget'O(fice~s approval; then report „ , ,„ ,,,,t ~"""" to~Commissioneis at next regular meeting ~ATG ~ _, _ ` ._ _ ._, _ J ~- . 9•^ ~* ', _ .and entcc~ui~minutes. - To be approved by Commissioners. - To be entered into minutes. .. r' i r i r r. r i i t .Budget Amendment DEPARTMENT BUDGET~AMENDMENT # Register of Deeds 96-0194 ADJUSTMENT DEBIT Register of Deeds Other ~ 4,535 Real-Property Transfer Tax 512,000 Capital Outlay EXPLANATION Consent Agenda D T 5/6/96 CRED T 516,535 (1) to budget insurance proceeds .for replacing and repairing equipment damaged during abreak-in and (2) to budget greater than anticipated revenues to automate the Vital Records Division to more effic~serve the public. COUNTY COMMIS~IONE,R$ APPROV~p L~.~. . REJECTED , O ~ '~` REMOVED: D POSTPONED 'DATE' -~ _ b X1(0 lvn'`~ ~_ _>~ {' i~_ ~; L,For Budget Of~iccr's approval; then report ' 'to~Commissioners at next re ular meeting ~ . ~-~,,~} r ~ , °~,. ~ ~ f and4enterin minute . ~ ~,~`"~ ~~To~be~ pprovedby~~i oners. To be entcred into minutcs. r Budget Anm.endment Consent Agenda May 6, 1996 ''%%%///O////////////////%/////////%%%////////i%////////////%%/////////////////~%//////%/////////%%O%i%%%%~/,~,,,,,,~~,,,,~~~~%~%% DEPARTMENT BUDGET AMENDMENT # DATE LJ Sheriffs Department/ 96-0197. 5/6/96 (`~ Administration 1_.~ ADJUSTMENT DEBIT CRED ~( Sheriffs Department/ administration Other $500 Departmental Supplies $500 EXPLANATION ' n from the Lo al Order of Moose to the Sheriffs To budget a contributio y Department for the D.A.R.E. Program. . ._..., COUNTY COMMONERS . ~ APPROVED ~°~. 'REJECTED` Ct ''~3~ . _. 1 8,6 ~P~S ~PONED Q~ . .,~' DATE . '~ _. r:w~Y'r (FFlll.lrflll '~~~ ~ ~~ ' e For,B~dgec O~uer's approval; then report to Commissioners at next regular meeting ~ and en4fer`in~mmutes. To bc~'approved by Commissioncn. ~.~ ~ ~~ro be entereil'into minutes. ~,. t i 1 1 1 1 1 1 1 ~~ ':1 i II COUN7ERS~GNEO , O~ERN - ~ ~-~~ ~O~ O \ ~m O ~ O O r ~ ~ r t y~ ~ ` - ~ ~ D r r ~ ` Orr' O ~ ZZZ~ G~~~~] O~-d~ nom - 7J ~ O n. ~ 000 -n u~ w Z ~ -i p m ~ r A p~Q ~ W ~ Z m R C ` r n DC ~ ~ ° ~ ~z I ~ Z~~ b ~ v R, z w r r1.1 ~-, ~ r -,] ~ z ~ ~ ti _ Z a Z ~ ` N `_^\) a O 4~ ~ ~ 8 ~ ., ~ u r L a ~ o ~~ N ~ o o 0 r r ' • , 7J, __:..... ~.~ ~ 187 r