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HomeMy WebLinkAboutAgenda 1996 08-05 1., i- AG E N DA ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse ' :~~~pMOVea co~~~` 24 North Third Street, Room 301 ~ * Wilmington, NC ~OF MOR7N G'~ ROBERT 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 BOARO August 5, 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 ,PAGE TIMES NO. 6:45 p.m. 1. Consideration of Amendment of New Hanover County Ordinance 1 Chapter 3, Animal and Fowl Article I Section 3-16 Impounding Animals 7:00 p.m. 2. Public Hearing on 1997 Revaluation Manual 3 7:15 p.m. 3. Awazd of Request for Proposals (RFP) and Approval of Contract 5 #96-0457 for Collection of Child Support by Private Contractor 4. Fublic Hearings: 7:30 p.m. Item A: Special Use Permit -Request by Plantation Village to 63 revise existing site plan of nursing/personal caze and elderly housing by reorienting buildings, eliminating a lazge dorm type ' structures and adding covered carports (S-211, 8/83; Revised 7/96) 7:40 p.m. Item B: Special Use Permit -.Request by Northside Baptist Church 73 to establish a child day Gaze service with after-school caze at 2501 North College Road. The property is zoned R-15 Residential (S-396, ' 796) 7:50 p.m. ` Item C: Rezonine -Request by J. Knox to rezone 11 acres on the 77 south side of Holly Shelter Road 800 feet west of Blue Clay Road to I-2 Heavy Industrial from R-15 Residential (Z-571,7/96) _~ ESTIMATED ITEMS OF BUSINESS TIMES 8:10 p.m. Item D: Rezoning. Appealed Case -Request by R. Rampersand to rezone .41 acre at 5610 Bavarian Lane to B-2 Business from AR Airport Residential. (Z-572, 6/96) 8:20 p.m. Item E: Rezoning -Request B. Botts to rezone 1.4 acres at 6234 Carolina Beach Road to B-1 Business from R-15 Residential (Z-573, 7/96) 8:30 p.m. 4. Meeting of the Water and Sewer District ADDITIONAL ITEMS County Commissioners County Attorney ~ ' County Manager 9:00 p.m. ADJOURN PAGE NO. 83 89 9~ 1 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC AUGUST 5, 1996 6:30 P.M. ITEMS OF BUSINESS PAGE NO. 1. Non Agenda Items (Limit Three Minutes 2. Approval of Minutes ~ 97 3. Approval of Agreement No. CSX-027926 between New Hanover _ 99 County Water & Sewer District and CSX Transportation, Inc. 4. Approval of Easement Acquisition/Agreement #96-0426A for .. 113 acquisition of an easement for twelve inch waterline to connect North Chase water system with the Ogden water tank. .. ADJOURN .. : ~, i ,... .. s NE~V HANOVER COUNTY BOARD OF COMMISSIONERS ~~ CONSENT AGENDA AUGUST S, 1996 6:30 P.M. ITEMS OF BUSINESS Pagc No. 1. Approval of Minutes 121 2. Approval of report of Disposals of Personal Property in accordance 123 with CS 160A-266(c) for the period of 01/01/96 through 06/;0/96 3. Approval of resolution relating to the sale of surplus property owned by 125 New Hanover County- identified as Parcel Number RO-54-09-028-003.000 805 South Fourth Street for the amount of ~ 1,815.00 4. Approval of revisions to the Health Department fee policy 131 5. Approval of Public Health Nurse I position and related budget amendment 143 #97-0020 6. Approval of exemption from County License fee for "Friends of Felines" 159 7. Adoption of resolution for NCDOT road additions: 167 Old Holly Shelter Road 8. Approval of reclassification of Researcher (iVtuseum) to Public Information 173 -Specialist ' 9. Approval of Budget Amendments: A. #97-0021 to increase budget for revenue received from 175 Settlement Agreement. B. #97-03 to increase budget for additional revenue received 176 C. #97-02._to increase,_budget for additional revenue received --1-77 1 1 1 a i ~. REQUEST FOR BOARD ACTION Meeting Date: 08/0196 - Regular Item #: 1 Consent Item #: Additional Item #: Department: Presenter: Pa e Count In A ends Packa e: Contact: Ron Currie SUB.TECT: Amendment of New Hanover County Ordinance. Chapter 3, Animal and Fowl Article I Section 3-16 Impounding Animals. BRIEF SUMMARY• The Board of Health Approved Amendment i (Attached) to Chapter 3, Animals and Fowl, Article I, Section 3-16, Impounding Animals at its July 96 Board Meeting. The amendment is needed to reduce or recoup expense the county incurs because'ofhousing animals due to violation of the Animal Control Ordinance. RECOMMENDED MOTION AND REQUESTED ACTIONS Adopted Amendment i to Chapter 3, Animalsand Fowl, Article I, Section 3-16. REVIEWED BY• ~ - L~L: APP WCOPLEY -FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER' COMMENT AND R nMMENDATIONS• ~ Consider adoption of amendment as requested. If the vote is not unanimous there will be a second reading required. ~ . _ ~ " - . .a _ _ ~ dll~PR`t3VE1~' :~- . a n d lea d ~ ~ k'~ 'd: ~~tF.~ECTEp C~ ,_.: ~ ~ ~tEMOVED " D POSTPO ~ p OATS ~ .. RcCer to Off;cc Vision Bulletin Board for Disposition - • ~ i DRAFT AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 3, Animals and Fowl, Article I, Section 3-16, Impounding Animals , is hereby amended by the addition of a new subsection, to be designated "i": i) Animals impounded nttrsuant to judicial processor administrative seizure. Should Animal Control take possession of any animals pursuant to a judicial order, warrant, or . administrative seizure by any law enforcement officer or animal control officer, said animal shall be confined at Animal Control or another appropriate facility designated by the Director of Animal Control, for a period of five (5) business days. Prior to the end of the fifth business day of said holding period, the owner must remove the animal from New Hanover County to be transported and housed at anout-of-county site or at an in-county site acceptable to the Director of New Hanover County Animal Control, pending resolution of any pertinent judicial proceeding. Any animals not removed in accord with the above specified manner and time shall be deemed abandoned. Any such abandoned animal shall become the sole property of New Hanover County, and may be offered for adoption, destroyed or otherwise disposed at the County's election. Any and all incurred costs, expenses and fees for maintenance, transportation and care, whether within or outside New Hanover~County, shall be the duty and liability of the ~ ~~ owner whose animal was~impounded hereunder. Should a Court order~any injunctive relief permitting the subject animal to remain within the County at the New Hanover County Animal Control Facility or at some other~facility within the County acceptable to the Director of Animal Control, the owner must pay all costs, expenses, and fees for maintenance and care on a weekly basis, in advance of the weekly term. Should such costs, expenses, and fees not be paid within two,(2) working days of the same being due, the animal shall be deemed abandoned and shall becomes the sole property of New Hanover County. EXCEPT as expressed amended above, Chapter 3, Animals and: Fowl, shall remain ~_ unaltered acid in full force and effect. ~ ~ - , ~• This day o f 1996. ; _. _ :.. .' , . ._.[SEAL) -~- ._ _ - ~--- :....~ .^..~ ~..~.. ...._~ __~_...~ :_ ._.__ ATTEST: 2 ~ ~~~~ Clerk to the~Board-=~"'~~~ . ~,~., ~' 4 . NEW HANOVER COUNTY " _ ., Robert G. Greer, Chairman Board of Commissioners REQUEST FOR BOARD ACTION Meeting Date: 08/05/96 Regular Item #: 2 Consent Item #: Additional Item #: Department: Tax Presenter: None Required Pie Count In Agenda Packa e: 2 Contact: Roland Register SUBJECT: Public I-Iearing on 1997 Revaluation Manual BRIEF SUMMARY: NCGS 105-317 requires particular scheduling and detail in the adoption of schedules, standards and rules for the county's general reappraisal effective January 1, 1997. Public notice was published July 14, 1996 stating a public hearing on the proposed schedules, standards, and rules would be held at 7 o'clock PM August 5, 1996. This public hearing is required at least 7 days before the Board adopts the final manual. RECOMMENDED MOTION AND RFQUESTED ACTION ~ ~~ That the Board: 1. Recognize anyone who wishes to comment on the content of the manual of standards, schedules, and rules; 2. If necessary, direct the Tax Administrator to revise portions of the manual prior to final adoption; and 3. Schedule the adoption of the final schedules, standards, and rules at the regular meeting of the Board August 19, 1996. FUNDING SOLJRCE• _ _ D Federal S: . _ State S: County S: ~ Uscr Fees S: . Othcr S: Money Is In Current Budget: ~ New Appropriation Request: " aI Bud et Amendment Pre ared:" "" REVIEWED BY• -- ~ .._. y. ~ ...._~_:...... _. . LGi,: " - " _ . _.__ ~. FIN: ~ BUD:. H .~ _._ . COUNTY MANA R'S COMMENTS AND R nMMFNDATION~ ~ "' •~~'• •~ ' ` Hold public hearing, after taking comments from the ublic direct the Tax Administrator to make P any necessary changes, and schedule the adoption of the revalution manual for the regular meeting of the Board August 19, 1996. -- ~ -..-_.._.. . _. _ __ r couNT~r co~~o APPROVED t~~ REJECTED Q~ I REMOVED c~ ~ ~ . -' POSTPON - Refcr to OfTicc Vision Bullctin Board for Dispositio~i ATE ~~~~~~// " 1. ..,, AFFIDAVIT OF PUBLICATION -~ STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER Before the undersigned, a Notary Public of said County and Sute, ,~ r• N OT I C E ~ ~ PUBLIC ~' • ~ according to ~~ :aw. says that he/she is _ :... . ' ~- ~ ~ , . ERTISING fiAhAGER ,. Regarding Proposed •~ Schedules, ,Standards,, • s,INC.,aeorpontionorgani=edanddoingbusinessundcrthe `,~~in ~' New' na, and publishing a newspaper known as WILMINGTON .and 'Rules fore 1997 Revaluation • .. R-NEWS in the City of Wilmington Hanover County - ' ~. - A.-Proposed schedules, standards, .and "rules oN ~o be used in appraisingreal property in New: Hanover County have been submitted to..the'' ' and :~, are Board ~ of :County ' Commissioners, ~ °: County, :available for public inspection in the Kr in space, and an darts as follows: ;'Asse~ss,or's Office, .320 "Chestnut•. Street, Room "::203.;,.;. .. ~ '.. .:. ~ _. . . ;B - A~~~~'public ~ hearing. ~~ one •the. •~.proposed~' ;schedules, standards,:' and:~ules .will :be.~held. • :at:":;7.~ o'clock.: P.M:; '~Au~gust~ 5, x:1996;'° in' the ` ' ~::::County. :Assembl •. Room;.~'~~New~~:~lanover y ~'', ~~ ~ ~ • ~ w;,mington sur.Newa wa:, newsy,per meeting all tse ib d b . in - .,Street : ' ~24~ .North ~ ~rd. :C,ourthouse; :.. ,.. ~ ' e y Sec. No. 1.597 G.S. of N.C. " ~ . : .? :. ;Wilmington.: • ., •.~.• . , -. . , Lucie.F. Harrell ' ~ . ~ . • • ~ ~i'-P ~ - . " ~ :~Clerk•to the Board • '; " ~ ~ • ~ ~ . , , . : New•Hanover Coun ' ~ ~ ~~ ~ ~ ' ~ CLASS IFIEO AOVER.- ncR . ' .. " GOmmsslOner$ • - ~ . rtle 15TH ubscribcd before mc, this day • - In Testimony Whcrcof, 1 have hereunto set my hand and afGaed my official seal, the day and year aforesaid. ~ • . ~~ ~~ _,..__._ ._.~....__.. __ . ... to Pu ' ..~ ,...L My commission expires 2 1St day o}7UNE . IS 99 ~.. t,r ,_ Upon reading the aforegoing affidavit with the advertisement thereto anneaed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). ; • t :, .~ , ' `^, ~, ~;` : ~ -~•'s . .. This day of ~ 19 __ .. .i:... _ '~ t• - _. _ ,• ......... F.:?"'. .-. ._..,.. ' ..~'_ MAIL*TQ:. •~~'~a ~~~~ Clerk of Superior Court ~~~~~ 4 ~ ~~~~ . . °~ ~~~ ~~~ ~~ ~~~~~~~4" Iti1~. w MEMORANDUIv1 July 26, 1996 ~__~~~ To: Wanda Copley, County Attorney ~~,~ . . ,From: Roland Register Re: Procedure for assessments - 153A-204 through 206. .Before we can answer you, we must have very specific information about the assessment, when i~t is -due, what the interest rate is, whether it is to be part of the tax bill, how compatible it is with 'the property-tax structure, etc.. If this is not under the same parameters and requirements of the property tax process, the County has other billing systems which you may want to consider (emergency services, water/sewer.) We would have to take ,everything into consideration, review the capability of the system in relation to the requirements, set up a test file, and "then give an answer. OASIS has the capability to take _special assessments, but not without limited conditions. ~ This is ilot a ~- programable option. It must be anexisting "system"~ option. Now, we have a special assessment for the City's $5 license fee: It is charged as a separate dine on the tax bill, shows as a "WILM .LICENSE;" and is subject to exact conditions of the tax statement. The description field is limited to 12 characters. If you will provide me with the 'particulars, I will have Phyllis and Renee look into the capability of the system. ~'t ., ~~ ,-~p ~I ~~~ SATE: ~~ 5 ~ ~l (o $T~M No. 3 - CREDIT CONSULTANTS OF CENTRAL CAROLINA • 11104-B NORTH MAIN STREET, P.O. BOX 14008, ARCHDALE, NG 27263 (910) 431-4200 (800). 752-5468 FAX {910) 431-4205 - ~ August 1, 1996: Mr-. Robert G. Greer, Chairman - New Hanover Board of Commissioners 320 Chestnut Street Wilmington, NC 28401 Dear Mr: Greer: Re: RFP #96-0457, Child Support Services • On behalf of Credit Consultants, let me thank your County for the opportunity of participating in the-bid process for-the Child Support Project. It is our understanding that your Social Serviced Board is recommending another vendor for the project. Naturally., we are - - disappointed with that result. However, if the Board of Commissioners- decides to seek further information or for one .reason. or another throw out the bids, we would welcome the _ opportunity to discuss the project with your staff to explore your ..needs in detail. If we were to have a criticism Qf your procurement process, it would be that the information packet compiled for comparison ..purposes does not fully describe the service. we provide... We area described in terms of dunning letters and skip tracing but our product is much more .comprehensive - we nat only locate and contact the non-paying parent, we institute and process wage withholdings and verify insurance information. Therefore, we contend comparison of our, product with the other vendors as described in your packet is like comparing apples and oranges. . Nevertheless, if we can provide any further information in the future, please do not hesitate to contact us. ~~C~f~~bL~D QUG - 5.1996 ~w HANOVER CO. ' ~~,'~, Of COMMISSIONERS Sincerely, CREDIT CONSULTANTS OF CENTRAL CAROLINA y ~.~~ Fred swartzberg RECEIVED BY General Manager ALL COMMISSIONERS NC DEPARTMENT OF INSURANCE PERMIT #965 k ADDITIONAL 1 ' COUNTY OF DARE DATE: $ ~ MANTEO. NORTH CAROLFNA 27954 - OFFICE OF THE' July ,25 ~ '1996 ' BOARD OF COMMISSIONERS P. a Box 1000 PHONE (919) 473-1101 ROBERT V. OWENS, JR. FAX (919) 473-6312 CHAIRMAN ` FRANCES W. HARRIS CLARENCE P. SKINNER _. CLERK TO THE BOARD -.VICE CHAIRMAN • H. AL COLE, JR. DOUGLAS W.LANGFORD JOSEPH MAC MIDGETT COUNTY ATTORNEY GENEVA H; PERRY 'SAMUEL O. SMITH ` SHIRLEY R. HASSELL Mr. Robert. G. Greer -. - Chairman New Hanover County Board of Commissioners 320 Chestnut Street -. _. Wilmington, NC 28401 ~:'~ •-' Dear- Mr' . Chairman: ~ ~ ' ' r It ,t ' On behalf of ~the~~Dare County Board` of- Commissioners, I ', want to ask for the support of you and your fellow Commissioners regarding the Oregon Inlet stabilization project "and the need for S 988, the Oregon Inlet Protection"Act. ,. . -._ - :.. .. ,, The Oregon Inlet'.Protectiori~ Act.°°as"~ititroduced by Senator Jesse Helms will transfer needed property"from the U.S. Department of Interior to the U:S. Corps of Engineers"from which two jetties can be anchored and constructed.. A companion bill has been introduced in the U.S. House of Representatives by Congressman Walter B.. Jones, Jr. .~ - ..,.- - Mr.` Chairman, stabilization°of Oregon Inlet remains a priority for the citizens of Dare County and the region. Once the jetties are built, the stabilized inlet .will provide safe - and predictable access to deep waters offshore, improve the . ability of fi-shermen to reach safe inner ports during inclement weather, protect infrastructure, and provide an economic boost for the region ,through increased commerce. In the past, Boards of Commissioners in the region have passed resolutions expressing support for the project. We need. your help once again. S 988 is beginning to move in the U.S. Senate. A hearing. was held in Washington D. C. on the legislation on July 18. Letters and resolutions of support need to be submitted to ..the Senate Subcommittee on Parks, • Historic Preservation, and Recreation before August 1, 1996 so that they can be included in the official Subcommittee hearing record. .. • 1Ul 2 9 1996 LAND OF BEGINNINGS . NEW HANOVER CO. PRINTED ON'RECYCLED PAPER BD. OF COMMfSSIONERS 4 Page 2 . July 25,-1996 Any assistance you can offer to get your county's Board of Commissioners to express support will be greatly .appreciated. I have included the needed information for the subcommittee. along with a sample resolution. With highest regards, I am, Sincerely, . v~ . Rober V. Owens, ; Chairman Dare County Board of Commissioners ,RVO:bp . cc:~ Governor James B .Hunt, Jr.. Senator Jesse Helms '~. ~ , Congressman Walter,,B.~`~Jones Jr. Senator Marc Basnight Representative`Howard;Brubaker Dare County Board of Commissoners< Robert. Williams, Chairman,=OIWC Oregon Inlet Users~~' Association RESOLUTION OREGON INLET JETTY PROJECT WHEREAS, the Oregon Inlet in Dare County, North Carolina is a principal navigation route connecting the Atlantic Ocean with the inland waters of the Albemarle and Pamlico Sounds, and , WHEREAS, Oregon Inlet performs as a natural drain for storm waters from the Albemarle-Pamlico estuarine system, thereby facilitating the maintenance~of water quality with that system, and WHEREAS,, Oregon Inlet functions as a safety valve to reduce- . the impact of soundside flooding on people, property, and infrastructure, and WHEREAS, the United States Congress in 1970 expressed the intent of that body through a specific legislative authorization that Oregon Inlet be stabilized with a dual jetty system, and WHEREAS, the land necessary for construction and maintenance of that project still has not been transferred to the U.S. Army Corps of Engineers for that purpose, and WHEREAS, Senator Jesse Aelms and Representative Walter Jones, Jr. have introduced the Oregon Inlet Protection Act into both .houses of Congress to accomplish the necessary land transfer; NOW, THEREFORE BE IT RESOL~TED that the Dare County Board of Commissioners fully support the passage of the Oregon Inlet Protection Act through the U.S. Congress and are committed to working toward passage of the legislation. BE IT FURTHER RESOLVED that the Dare County Board of Commissioners fully supports the stabilization of Oregon Inlet through the construction and completion of the Manteo (Shallowbag) Bay., .project. ~'~., •. ~ ~ '"'.~'HZ~.%>`23RD DAY OF JULY, 1996. _`~ .;~, SEAL' ~.<.~ ' '~ Tf~ :_ ~ "~ . taro t, '" ' ~"~ ->~ ,~ ~ Ro ert V. Owens, Jr., irman . `' ~' ~ ' ~ Dare County Board of Commissioners ~- '~'; - Frances ~ ~ W..'_•, iris Clerk to the''Board ' PARKS, HISTORIC PR6SERYATION AND RECREATION ` SDw362 Dirk'en Seastte Utt(!ce Bu11d1rtS ° Washington, DC 20510 (202) 224.6969 1tMtdlotbas (i) National Park Syystem; (2) Wlld and. Scenic Riven Synem; 3 National Trallt 3ysterrt; (4) National rec• ration areas; (S~ ~ational monuments; (6) Nutoric sits; . (7) Military pules and battlefields; (8) Land.and Water Con• nervation und; (9) Hbtoric prtservadon; (10) Outdoor rec. . readon resources; (11) Preservation o! prehletoric ruins and objects of interest on the eubNc domain. MAJdRITY. MEMBERi MINORITY MEMRER3 Ben Nlghthorse Gtnpbell, bate Humpe», Cbitratan Rrwwldng Rod Grams Bill Bradley Don Nlcklea ~ Paul David Wellstone Craig Thomas Howell T, Heflin . M. Jeffords - ~ ~ KEY fTAFF AIDEb MaJorlty Profcaional Stitt' Meml:er~Jlrri OVfoolo SD~362' . , .. 224.6969 ` Staff 1-ulstant Julie Oufbfion SD•362 ...... , .. , 224.6969 &vinetto Fellow John Pilt:esker SD•3b2 .. , , .. , , , 224.6969 Minority Counsel Uavld BrooW 5D•364 , , ,, , , , , , , , , , , 224.410) ' Senior Professional Sniff Member Tom Williams SD-364 .... . . .. ....... , . 224-410) OVERSIGHT AND 1NYESTIQATIOi4E n SH•212 Hart Senate Office Bulidtng Washington, UC 20510 (202) 224.6730 ' Fax: (202) 224.7970 1ur1st11otka: Oversight of federal programs, policies, Gtws,. ,regulations anQ administrative actions which affect matters within the jurisdiction of more than one subcommittee of tho Comautta; investigation of the same at the direction of the Chairman tRer consultation with the Ranking Minority Member; and such other oversight matters as may be re- lowed to the Subcommittee at the direction of the Chairman aRer eonsultadon with the Ranking MinoHty Member. MAIORITY 1NEMBERt3 MINORITY MEMBERt Craig Thomas, Daniel K. Akaka, . t~idrm4n RankJn~ Conrad Burns Pete V. I)omenid Larry E. Craig Ben Nighthorse Gmpbell KEY ETAFf AIDE: Mglortty ` Counul Kelly Johnson SH•212 ...... . ... : .. . . . 224.6730 Staff Aisl~tant Jo Meuee 9H•212. , ......, ... , .. .224.6730 Minority Chief Counsel Sam Fowler SD-312 ..... : .. . . . . . . 224-4103 REQUEST FOR BOARD .ACTION Meeting Date: 08/05/96 Regulaz Item #: 3 Consent Item #: Additional Item #: Department: Social Services ~ Presenter: ' Page Count In Agenda Package:, Contact: Amy Akin SUBJECT: _ . Awazd of Request for Proposals (RFP) and approval of contract #96-0457 for collection of child support by private contractor. BRIEF SUMMARY• ' Four proposals were received. Staff prepared a summary of the proposals for the Social Services Board of Directors. After their review the Board of Directors of Social Services voted to recommend the contract be .awarded to PDS Investigations & Security, Inc. Staff is bringing the Social Services recommendation to the Board of Commissioners for action. The following is attached: 1. resolution for award and approval of contract 2. ,.memorandum from Alice Cumberworth, .Chairman Boazd of DSS 3. Summary of proposals 4. draft contract - RECOMMENDED MOTION AND REOUFSTED ACTIONS• Staff forwards the recommendation of the Board of Social .Services to award RFP for child support collection to PDS Investigations & Security, Inc. at a percentage rate for service per collection of 1 S percent. Staff has formulated the recommendation in the standard resolution format and added that the awazd be made contingent on PDS Investigations & Security, Inc. securing the permit as required in NCGS 58-70.1. Draft contract is also attached for approval. ... ..__ Federal. S: 89,760 State S:. , ' County S: 46240 User Fees S: Othcr S: Money Is In Current Budget: Yes ' ~ - ` ~-' New Appropriation Request: No Bud et Amendment Pre tired: No °' •° IZEYIEWED BY• : < :, ; ; .- _. . LOL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: BOUNTY MANA R' OMM NT AND R QMMENDATIONS . Recommend Boazd of Commissioners review the bid information attached, consider the recommendation from the Board of Social 'Services, and awazd contract to one of the qualifying bidders as requested. If you choose PDS Investigation and Security, Inc., the contract should be contingent upon them receiving a permit from the State to operate as a collection agency. COUNTY COMMISSI®NE~S y ~~ APPROVED ~ ~O ~~ REJECTED ~`~e~.e:Y g4~. ~. REMOVED O R °~ved--l-r'S~ c~ttv2.I~r~ct5 Refer to Office Vision Bulletin Board for Disposition POSTPONE +:,,,,, ~'Q~ +'v~ ~~"~~ ~'erd DATE .._ - ~ ~~~-L/ ,;, t .~, , RESOLUTIONLL OF THE ' ~ BOARD OF COMMISSIONERS ~ , . 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 11th day of June, 1996, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following proposals were received for collection of child support by pirivatc contractor for the Social Serviccs Department, RFP # 9G-0457: Percentage Ratc for Scrvicc per Collection PDS [nvcstigations & Security, Iric. '' 15% -David M:.Griffith & Associates, Ltd. (g% . GC Serviccs Limited Partnership ~ 19% Credit Consultants of Central Carolina 20% AND WHEREAS, after evaluating all proposals, the New Hanover County Board of Social Services has voted to recommend award of contract to PDS Investigations & Security, Inc.; AND WHEREAS, the New Hanover County Board of Social Serviccs recommends that the contract be awarded to PDS Investigations & Security, Inc., a corporation organized under the laws of the state of North Carolina, at a percentage rate for service per collection of Ffteen percent (15%); • AND WHEREAS, North Carolina General Statute 58-70.1 requires all.collcction agencics.to sec~ub a permit from the North Carolina Department of insurance and failure to•opcratc ~~ithout the required permit is a Class I Felony; AND WHEREAS, PDS Im•estigations & Security, Inc. have stated that they arc in the process of securing the permit,. award shall be made contingent on PDS (nvcstigations & Security, Inc. securing the proper permit as rcguircd.in.NCGS 38-70.1; AND WHEREAS, funds have been previously appropriated and arc now in Account No. 110-530-5350-3700 to cover this contract; -' ~_~~ " ' ~ - NOW, THEREFORE, BE R RESOLVED by the Board of County Commissioners ofNew Hanover County. that the contract for collection of cluld support by private contractor, for the Social Services Department, RFP # 96- 0457 be awarded to PDS Investigations & Secunty, Inc., award contingent upon PDS Investigations & Security, Inc. secwing the required permit in accordance with NCGS.58-70.1, at a rcentage rate for service per collection of '` fifteen percent (15,%); and that `the County is hereby authorized and directed to e~cecute. the contract following . . ., . verification.of required pern~it,-contract form to be approved by the County Attorney. - - • --- This Sth day of August, 1996. ~_r .. __ ~ ..~.__ . _ _...__ _w_ _ _ _ _ . v _. _.._ ..-... _ . _ - ..._ -(SEAL) - - .. -. , .. -. ~j. ~. , .. .. ,..~. w~._ _... .w. • ~, ~ ~ ~~~ ;.. hairman, Boar o ounty ouuntssioncrs ATTEST:'- • , ' - 1 . .. ..., . , _ ''° .. , . ' .. ,. ~~~~t„ 3x.a'~~ ~ ~i !}`ice Cl k to the Board t~~ ~ ~ ~~"~~ ~ a ~'~'~ ~~~ ,~ ; NEW HANOVER COUNTY ~• - INTER-OFFICE ~.::,.,..:, MEMO ... ~ ... ,, ...~..::.:.,... . ~ : v ~.~ , ~~~ .~~~::w„ „~~, - • TO: Amy Akin, Purchasing Agent _ New Hanover County Finance Office FROM: Alice D. Cumberworth, Chairm New Hanover County Boar Social Services DATE l 9 6 1 : Ju y 1 , 99 ® ^ RE: Contract for Collection of Child Support At their meeting on July 18, 1996, the New Hanover County Board of Social Services voted to recommend that the Board of Count . y 'Commissioners of New Hanover.-County award a contract to PDS Investigations and Security for the collection of child support } as specified in the Request for Proposals #96-0457. • ~.: 7 ~' ._ 8 ~°-' °ng° ° s . . Y ~ ~ j Y M M ++~ ~ O w ~:.. ' M Q ~ n r Y _ ] M ' y N ^ O_ w ~ a a e ° Z ~ O ~ = O. ~ Y i ~ ~ ~ A o. M ss ~ ~ ` 1 a ,. 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O Q~ O j M s s ~3~~Q~~ c ~;,~ ~ ~~ ~ ~ ~ ~ ~ s< B 34 < M_~ y~Cpr ' O 4ia°~ °sg ~s- t DRAFT '~ NORTH CAROLINA NEW HANOVER COUNTY New Hanover County Contract # 96 - 0457 AGREEMENT THIS :CONTRACT, made and entered into this day of 1996, by and between NEW HANOVER COUN'rl(, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and PDS INVESTIGATIONS 8~ SECURITY AGENCY, INC., a North Carolina~~ corporation, hereinafter referred to as "Contractor". • ~ y.. WITNESSETH: s, WHEREAS, County advertised for proposals for collection of child support by private contractor for the Social Services Department, Bid #96-0457, and 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 " ~-'" ~• resolution authorizing the acceptance of such bid proposal and the execution of a contract with Contractor covering collection of child support according to Contractor's ,r • ~ =proposal.. + ~ ' .. =1,. > ~ ~ =NOW, THEREFORE, in consideration of the mutual benefits inuring to the 4. • r °.parties:hereto, said parties covenant and agree as follows: . ~. ."'~ > fl ~ ~< 1. 3 Performance. Contractor agrees to perform ali the duties and t obligatioris set forth in the RFP Package, which includes County's Technical . ~ ,. Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit °'A°; ,' . ~~ Contractor's. Proposal, marked Exhibit °B"; and Contractor's Clarification to Proposal, 4 ~ ~ . :. .,•~. ~~ 5 £ .. . ~' Marked Exhibit °C"; attached hereto and made part of this contract as though fully r ti. ~.~ . ~ 2~ ~ . 1 . , New Hanover County Contract # 96 - 0457 written herein. - ~ ~ ~ - - 2. Term. This contract shall commence on September 1, 1996, and shall ~~ continue. until August 30, 1997. This contract, is contingent upon receipt of federal i 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. a merit on o I P y Up receipt of them nth y service. statement. for the prior month's service County shall make payment to the Contractor within thirty (30) days. 4.: Indemnitx. 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 wiJlfuJ_.act or omission of Contractor, his agents, employees and subcontractors. ~ . - ~ ~ 5. - Insurance. Contractor shall .maintain insurance from com anies _ P licensed to write business. in North Carolina and acceptable to New Manover County, of the kinds and minimu a . ou m m nts. specified below. " ,. , .. .. ,. „a ,. , , .. , .. ~~ 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, ,, effectivey_ date and .expiration, =date of .all policies, -and shall :contain -the ~.~: followin state .._ ' . ' ~ - ~~ ._9 merit:, ,.:~;~t , ;,,, ... _ ..... .~ .... ~.. ... . _ ._ . ..._~~~,. .. ,;~r_,,;..~... ~.~ .,x. t'. ~ '`:. ~S.ru. 2 ~. 13. C New .Hanover County Contract # 96 - 0457 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 and Employers Liability Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits-under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. ~ . 8. Commercial General Liability. Including coverage for independent contractor operations,-contractual liability assumed under the provisions of this 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 $1,000,OOO.per occurrence, combined sirigle limits, applicable to claims due to bodily injury and/or property damage. New Hanover 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 property damage: - .._ ~ ._ _ ,. ,. ;., -~-~='"~.~ ~`'~' ~ 10: ~.i Blanket Employee Dishonesty Bond Protection. Applicable t~ ioss~or loss from~damage to payments collected resulting from dishonest acts committed by~ari employee of the Contractor: The limits of-the protection shall be ins the ~- amount of at least $200,000 applicable to all loss caused by or involving one or move ` employees, whether the result of a single act or series of acts. In addition to the 14~ 3 1 - . ' New Hanover County Contract # 96 - 0457 Contractor, New Hanover County shall be included as an obligee under this protection. 11. Default and 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 may, without prejudice to an action for damages or any other remedy, enter into another contract for the completion of this contract. County may deduct all costs of 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 relieved from any of the responsibility. .. This agreement may be terminated without cause by either party within .. thirty (30) days written notice to the other party. ~ . - _ ~ -. : , _ 12. Non-Waiver of Rights.. it is agreed that County's failure to insist u on the strict erformance~o a ~ - P. P f ny provision of this contract or to exercise any right - based upon a breach thereof,. or the acceptarice of any performance during such _ __breach,_shall trot constitute a waiver of any rights under this contract. - ,.. 13.Subcontractors.. Contractor shall be full res onsible for all . . . Y p negligent acts and omissions of .his or her subcontractors and of persons and {R,~:. _ :=~: , or anizations e g mployed by them to the same extent that Contractor would be ~ - ~-, ,v .~~: responsible for these acts and omissions. Nothing in the contract documents shall = create any contractual relationship between County and any subcontractor or other ~.. , -persomor organization having a direct contract with Contractor,' nor shalF it create any obligation on the part of County to pay any money due any such subcontractor or other`° erson or or aniza ' ~ ,. - . P T . g tion, except as may otherwise be required by law.. _. _ ., . ~: _. ~.,--~;.. ,.,~-~ -; 14. e; Assi nment.. The parties mutually agree that this contract is not ~ ~~~' 4' 1K5 1 s _ New Hanover County Contract # 96 - 0457 assignable and shall not be assigned by either party without the written consent of the other party and the surety to this contract. 15. Non-Discrimination. Contractor will take affirmative action not to discriminate against any employee or applicant fog employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this contract because of age, race,_creed, color, sex, age, disability or national origin. 'To the extent applicable, Contractor will comply with all provisions of Executive Order No. 11246, the. Civil Rights Acts.of 1964 (P. L. 88-352) and 1968 (P. L. 90-284), and all applicable Federal, State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this ag~eemeni: -and may result, atCounty's option, in a termination or suspension of this agreement in whole or_in part. . 16. Familiarity with Laws. The~Contractor specifically acknowledges that.he.has made himself familiar with all Federal, State and local taws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or emplc-yed ~' in the work of he .project, or the materials or equipment in or about such work; or iri any way affect the conduct of such work and' agrees that he, his employees, subcontractors' and suppliers will, at all times, comply with same. If the Contractor shall discover airy ~'~ 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 tl-je ~ "- , County in writing, identifying any items of work affected, and he shall riot proceed until '~~ `" he has received written direction from the County with respect to these items. If the; 16 5 r New Hanover County Contract # 96 - 4457 t Contractor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which ,area consequence of such performance. 17.. Notices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice -.. of such change of address, by Registered Mail,.Return Receipt Requested.: To County: New Hanover County Department of Social Services Attention: F. Wayne Morris, Director 1650 Greenfield Street Wilmington, NC 28401 To Contractor: PDS Investigations 8~ Security, Inc. Attention: Wayne Loftin, President 928 N. Fourth Street Wilmington, NC 28401. 18. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, grid as such, Contractor, his or her agents and employees shall not be entitled to any County ~~- em to me b ' p y nt enefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement .benefits. __ _ _ _ ~.__.._„_ ___ . ,_„~x _ ...-,`~. 19. nterpretation. 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. _~ . , . _ .,~..~ _ ~-. .._. ~ ..w 20. .entire Understanding. ~ This contract constitutes the entire understanding of the parties, and contains all of the terms agreed upon with respect to ._r_. 1 6 17` New Hanover County Contract # 96 - 0457 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 o`f this instrument, by authority duly given on the day and year first above written. NEW HANOVER COUNTY [SEAL) .. Robert G. Greer, Chairman Board of Commissioners ATTEST: Clerk to the Board PDS INVESTIGATIONS 8~ SECURITY, INC. [CORPORATE SEAL] President . ~. _ ATTEST:. :_. . ,~.. _ , . , ~ ~ .. Secretary .. ._ 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 18 `~ 7 1 New Hanover County Contract # 96 - 0457 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 ~, 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 PDS INVESTIGATIONS & SECURITY, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, ,sealed with its official seal and attested by himself/herself as its. Secretary. WITNESS my hand and official seal, this day of , 1996. Notary .Public My commission expires:. g 19:;. 1 COUNTY. OF NEW HANOVER, NORTH CAROLINA INVITATION TO B[D ON • COLLECTION OF CHILD SUPPORT BY PRIVATE CONTRACTOR FOR THE SOCIAL SERVICES DEPARTMENT Pursuant to Section 143-129 of.the General Statutes of North Carolina,. sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, Room 602, Wilmington, North Carolina 28401` and marked "BID FOR COLLECTION OF (:HIED SUPPORT BY PRIVATE CONTRACTOR, BID # 96-0457" will be accepted until 3:00 p.m. Tuesday, June 11, 1996. The bids will be publicly opened and read immediately following the latest time for receipt of bids in the New Hanover County Administration Building, 320 Chestnut Street, Room 601, Wilmington, North Carolina. Instructions for submitting bids and complete specifications may be obtained at the County Finance Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or reject any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent ._ - ~~ New Hanover County i, 2 0 •~ ~r~ n - . - • ~ INSTRUCTIONS TO B[DDERS - NEW HANOVER COUNTY, NORTH CAROLINA - - ~ ; • BID # 96-0457. . COLLECTION OF CHILD SUPPORT BY PRIVATE CONTRACTOR New Hanover County Finance Office . Attn: Amy Akin, Purchasing Agent - 320 Chestnut Street, Room 602 j Wilmington, NC 28401 ,~ Phone: (910) 341-7.190 "` Pre-Bid Conference A, pre-bid conference will be held at 10:30 a.m., May 30, 1996 at the New Hanover County Department of Social Services, 1650 Greenfield Street, Wilmington, North Carolina. Attendance is .not mandatory but optional. The purpose of this conference is to insure that any questions regarding the RFP are fully discussed and explained to all potential. bidders. All information provided and questions answered at the pre-bid conference will be forwarded to each bidder on-the bidder's list in the form of an addendum. , ~. ,.: ,. ~ ° Questions All uestions re ardin the RFP shall be in writin and fa q g $ g xed to the attention of Amy Alan at (910) 341-4025 by 5:00 p.m. May 29, 1996. Any questions received will be answered in writing and sent to all bidders in the form of an addendum.` ;, " " ,Prtp~ration and Submission of Bid Proposal •- ... . _ "~ "- -- Com letion of Bid Form~•~B' p ids must be on bid. proposal form contained ~n this bid package; the original and five copies required. The following items shall be submitted with the original proposal form and the required five copies: Section 1. Organization Support and Experience - ... ~~. - ~~ " -°~ .:e. This section shall contain all pertinent data relating to the contractor. ~- ~';~l.l ' s~.Contractor's Organization- °w~~: °,,,~~~ " 1.2 Contractor's personnel and resumes - List education, position . ;., 4.. :, , s: -, w ~~; =t: infirm, years with firm and experience in child support field (if " . _~~ < _,.. ~j.. ,applicable). vr~~~ . -,.. , . t:-: 1.3 Contractor's experience in collection field based upon its past , and present clients. These clients should be from both public and private sectors. Contractor's listing shall be divided into government and private sector clients, past and present; each listing shall include: name of organization, contact 'person, address, telephone number, and specify the type of collection account handled. 1.4 Contractor's experience in child support collection based upon its past and present clients. Contractor's listing of p;3st and present child support clients (county and/or state lev~:ls) the listing shall include: name of county, contact person, address, and telephone number. Section 2. Technical Support This section shall describe the contractor's steps from re~:eiving accounts to disbursing collections made in them. 2.1 Computer .capabilities -Describe hardware and software currently being used as well as what data bases are utilized, etc. . 2.2 Skiptracing methods .. 2.3 Dunning letter procedures 2:4 Other pertinent procedures actions . 'Section 3 Narrative on Contractor Responsibilities " Contractor shall prepare a narrative detailing how contractor wiil meet the contractor requirements as listed in the Technical Specifications of the RFP. Contractor shall address each item individually. Contractor shall submit with the proposal a sample of all statements, ~:.... reports or other proposed transmission of data that will be prcwided - ~ • ~ : • .to NHCDSS on a monthly basis. ~ • . Section 4 Cost Proposal . L. - .. .. This section shall contain all information relating to the contractor's - •s~ :: .. . •, -. percentage collection fee as quoted in bid proposal. ~~ 'Section 5 Insurance, Bond; and•License Qualifications . ... `_~. . •..::, , . ~ _ :, - Contractor shall submit with proposal evidence of his ability to i~btain the insurance, bond, and license as required in this RFP. 22 . I-2 of8 ~ ~~~ ~' All prices and notations shall be written in ink or typed. • Changes or corrections made on the Bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened. - Required Specifications: Bidder's. response shall be in strict accordance with the County's specifications. Any bid which is not in strict accordance with the County's. specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. ~, - Deviations: New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be to the best interest of the County. New Hanover County shall be the sole judge of what is to be considered a minor deviation or' technicality. Submission of Bid Proposal _ ~ . Bids must be in sealed envelopes properly marked "RFP FOR COLLECTION OF CHILD SUPPORT BY PRIVATE CONTRACTOR, RFP # 95-0457", and shall be addressed to County at the following address: .. - •_. ~ New Hanover County Finance Office _ _~ .. Attn: Amy Akin, Purchasing Agent •. 320 Chestnut Street, Room 602 Wilmington,' NC 28401 Trade Secret Confidentiality All bid proposals received and recorded at the bid opening are considered public record and available .:for public inspection. According General Statutes 132 - 1.2, trade secrets contained in a bid may be kept confidential if the bidder, at the time the bid is submitted, designates the secret and requests that it be kept confidential. This right of privacy will be construed as narrowly as possible to protect the interests of the contractor while attempting to maximize the availability of information to the public. Time For Opening Bids Proposals will be opened promptly and read at the time and date set forth in the advertisement. Bidders or their authorized agents are invited to be present. Any bids received after the scheduled closing time for the receipt of bids will not be considered and will be returned to the bidder, '' unopened. 1 I-3 'of 8 23 .. Withdrawal of Bids - Bidders may withdraw or withdraw and resubmit their bid at any time rior to the closin time for receipt of bids. But.no bid may be withdrawn-after the scheduled closing time for receiptof bids for a period of sixty (6d) days. r Award of Contract The contract awarded from this RFP will be awarded to on e (()contractor only. The award of any contract resulting from this RFP will be made considering the following criteria: 1. Organization size .and structure of contractor's firm. NHCDSS will make determination if contractor's firm is adequately sized to handle work to be assigned. 2. Qualifications of~staff to be'assigned to the work. This will be determined from the' organization support and experience information provided in the bid proposal form as well as any reference checks and investigations completed by NHCDSS. 3. Contractor's understanding of the work to be .performed. A Fist of Child Support affiliations, associations, conferences attended and. contracts managed by present staff must be submitted. Preference will be`given to contractors with prior child support collection experience. 4. Total cost by quoting a percentage for all services to be performed including but not limited to: ~. '. Dunning letters .. ~ Skiptracing . .. • - ~ •• ..,Collection efforts ~ .. ~ - - ,~, Payment receipt • Processing Required reports .. .~ 5. •. Contractor's ability to provide required insurance, bond, and license. ~ _ -_ ,~, .=~~ Federal Taxes, ~ _ :~.~ . . , . , . ~ .. ; . ._ New Hanover County is exempt from and will not pay Federal Excise Taxes or Transportation T~ixes. 24 •~ ~-4 of 8 ~' ,~ .. . North Carolina Sales Tax i If bidder is required to .charge North Carolina sales tax on bidder's sales, bidder shall not include it as part of the bid price. County will pay North Carolina sales tax over and above bid prices when invoiced. Price ' . Bidder shall quote a percentage for the collection service to be provided. Bidder shall guarantee the percentage rate quoted against any increase for whatever contract period required. Pa ment y Upon. receipt of the monthly service statement for the prior month's service, County shall make payment to the Contractor within thirty (30) days. . Term This contract shalt commence on September 1, 1996 and shall continue until .August 31, 1997. This contrack 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. ~ ~ .. Responsibility of Compliance With Legal Requirements .`. - ...: The contractor shall pay all taxes, assessments, premiums and fees and shall file all reports and returns i ~ required by law and arising out of its operations under this agreement. The Contractor's service under this agreement shall be performed in conformity with all applicable. laws and regulations, Federal, State or local. ~ , ~ ~ .. ,..~. ~ ~ ~ .. ,' . ~ ,~; s. The Contractor `shall comply with all provisions of Executive Order 11246, entitled ."Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (29 CFR Part 60). . , , . ~ , ., A ,. ,__ • f ,. The Contractor shall comply with all provisions of Office of Management and Budget Circular A-102,"' ";Attachment O; Contract Provisions, or any subsequent document, including but not limited to (1) . requirements concerning patents, copyrights and rights in data, (2) requirements of the Clean Air Act, - Cleart Water Act, Executive Order 11738; and EPA regulations, and (3) requirements of the Energy Policy and Conservation Act (P.L. 94-165). I-5 of 8 25 1 The Contractor's services and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not theyare referred to in the bid documents. License Requirement Contractor shall be licensed by the North Carolina Commissioner of Insurance pursuant to N.C.G.S. 58-70. Contractor must operate in compliance with all Federal and State regulations governing collection agencies. ~~ Audits and Reviews The County, State, Federal, or any of their duly authorized representatives, will have access ~o any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination,. excerpt, and transcriptions. ~ - Indemnity Contractor shall indemnify and hold the 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 tfie 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. Insurance .. - .-. _ ontractor shall submit. with 'his proposal to New Hanover County evidence of his ability to obtain the necessary bond and insurance coverage from companies licensed to write business in north Carolina and .possessing current financial .rating ~acceptabte to New Hanover county. Such documentation shall include a letter from the Contractor's insurance agent describing the specific' forms and amounts of bond or insurance coverage as welt as the names of the proposed is:cuing companies for the following coverage.:_ .' : 4 ... ,. ° . .. _ ._~ .,,, , . ,_ . . ,... ... * .. ... w ..... .- • ~ / .. a .x'Y ., - .. k. -.. r Certificates and Notice of Cancellation :::~ ~• ' °~ x • ~ ~: a -~ -. .... Before commencing work under this agreement, Contiactor shall furnish New Hanover County withf~ certificates ofall .insurance required below.Y Certificates shall indicate the type, amount, cla:~s of operations covered, effective date.arid ezpiratiori~date of all policies, and shall contain the~follo~Ning" statement: y, a, ~:-.. 1.. r ~ 4 .. ;> , ..~~~ .. . ,a. _..... ~ . ,. .. .. .. ~ -C .. _... . r. ri ,i "The insurance covered by this certificate will not be canceled or materially altered, except after (30) days written notice has been received by New Hanover County." 2 6 F~~: I-6 of 8 ~- Workers Compensation and Employers Liability Insurance Covering all of the Contractor's employees to be engaged in the work under this contract, providing tfie required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing .limits at least in the amount of $100,000/500,000/ 100,000 applicable to claims due to bodily injury by accident or disease. ' .. Commercial General Liability Including coverage for independent contractor operations, contractual liability assumed. under the :provisions of this contract. The policy shall provide liability limits at least in The amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. Automobile Liability Insurance Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $500,000.00 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 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 applicable to all loss caused by or involving one or more employees, whether the result of a single act or series of acts. In addition to the Contract, New Hanover county shall be included. as an obligee under this protection. Addendum The bid package constitutes the entire .set of bid instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be mailed to all bidders who are listed with. the Finance Office as having received the bid package. Compliance With Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina wil[ result in rejection of bid. I-7 of 8 27 ~h~ r Right to Make Investigations NHCDSS reserves the right to make investigations as necessary to determine the qualifications and • abilities of each firm to perform the services requested and to complete the project in a satis~`actory manner with the specified time frame. ~ : Right To Reject Bids The County reserves the right to reject any or all bids. 2 8 ~.,' ~ I-8 of 8 TECHNICAL SPECIFICATIONS t COLLECTION OF CHILD SUPPORT BY PRIVATE CONTRACTOR RFP #96-0457 PURPOSE OF SOLICITATION The New Hanover County Department of Social Services, hereafter referred to as the NHCDSS, is responsible for the administration of the Title IV-D Child Support Enforcement Program for the citizens of New Hanover County. The NHCDSS locates absent parents, establishes paternity, establishes support orders, and enforces those orders. .~ In order for NHCDSS to continue to deliver a comprehensive and responsive child support enforcement service to the citizens of New Hanover County, NHCDSS requests proposals from qualified private vendors to.provide collection services in a number of cases in which unpaid child support payments (delinquencies) have accrued. - _ : - - ;_ - .: .. - •. BACKGROUND: There is great concern that a number-of absent parents pay little or no child support. Current welfare reform initiatives will make child support even more crucial in moving recipients of Aid~to Families with Dependent Children (AFDC) toward self sufficiency. Current staff is inadequate to carry out the needed enforcement actions. Reasons for pursuing professional =coi-iectionservices are staff .shortages, lack of automation on the state level,•_ and requirements for taking appropriate enforcement action within federally mandated time frames, i.e., within 30 calendar days of either locating the absent parent or identifying non-compliance with the court order. GOAL - - - - - ' The goal set`for this project is to collect delinquent child support:; payments, •. while at~•the .same time .increasing revenue to the county: •-~;-; Approximately.:1000 cases :have :been-identified to be turned over to the.:successful contractor.~~Of''these cases • approximately: 250- are arrears only •.cases- (in ''many- both'°AFDC and Non-AFDC arrears are, owed) and approximately 750 cases have a continuing support obligation (about 5 of these contain spousal support) . :::. The„_•total arrearage owed':in _these cases °is over ~8 million. •~The -criteria .used- to identify cases for `-referral are cases in which nonpayment (with the exception of~tax-intercept money) has been made in the last 12 months and either the amount of ,.arrearage owed: is . at::.least• $1000 ~ or.`~.the .-. case • is closed collecting on arrears only.-•:• -.: ~.-:.-,:~; •: -~ :• ~ -.. T'-1 o f 6 RESPONSIBILITY OF PARTIES NHCDSS shall: 1. Provide referrals to the contractor. Referral ~' will be provided by hard copy, magnetic tape or an agreed upon medium. Each referral shall contain, if possible, the following: A. Absent parent's.name and last known home address; . B. Absent parent's Social Security number; C. Absent parent's date of birth (if known); D. Absent parent's last known employment informati~~n; E. Arrearage amount owed and effective date. F. Name, worker number and telephone number of a child support agent who has knowledge of the ~ " . case. . G. Client's name. •The client is the custodial parent or the child's caretaker. • H. IV-D case number. -' I. Eleven digit identification number for absent -• parent. J. Court file number K. Address of Clerks of court or other designated , agencies to which payments must be sent. 2. Update absent parent information as available and ' provide new ,referrals bimonthly by way of a mutually; . agreed upon medium. •~ ~~ 3. Provide updated arrearage~amount on all cases by they end of the first month of each contract year. •. The contractor shall : - 4 ~ _ - :. . , 1. Assist NHCDSS in establish • ing a cost-effective debt collection service which will maximize the percentagi~ _ of recovery of delinquent child support payments. • 2 ...~; . ~ Accept the referral _of any .case .from NHCDSS whether ,_. ~• •• •- ,~ 'the obligor resides in or _out of New Hanover County„ ~~ . - North Carolina and without regard to the type, age oi- ~ •~ _~ :-amount of the claim and undertake the collection of =~ = • .: same at the expense of the-contractor. ~ ~ - ~ • • ~ ~• 3.~,.Provide a notice to the absent `parent when the ~•'• ~_, ':•,-contractor's collection responsibility-begins -•'-~ _.~and ends. , ,; .... .:_- ••.. _ ~. . _ - ~~ : -_ is . .,~ •. 4 . Communicate every month• with a' designated NHCDSS _• '_~ '•~ • staff member to provide a status of case activities •~ 3 0 , and/or to review the performance of the contractor. T-2 . of 6 ~} ~. ~ ~ Information can be rovided throu h e p g r ports, no need to meet in person. ~, 5. Suspend action either.temporarily or permanently on any debtor claim assigned to the contractor upon 4`1 written notification of NHCDSS. Examples of reasons this would occur are: court suspends or dismisses the order, absent parent could die, etc. > ~ 6. Maintain communication with the absent parent and . ~ monitor payments, i.e. follow up when payments are not received timely. 7. Transmit on at least a semi-monthly basis any payments -- made by the absent parent directly to the contractor. . _ County and successful contractor to decide on a ;, mutually agreed format. All payments received by the contractor shall be deposited in a financial institution the same day received. The payments, with . proper identification should be forwarded to the ~; Clerks of Court or designated agencies on the tenth (10th) and twenty-fifth (25th) of each month. ` 8. Submit an invoice for payment of commission to NHCDSS ~~! on a monthly basis. . 9. Document case actions taken in a manner acceptable by.state/federal audit restrictions as outlined in Section III of the North Carolina Department of Human Resources, Division of Social Services Child Support `~ Enforcement program manual. ~ ._ ._10. Carry out all appropriate collection procedures in . a professional manner and in accordance with applicable federal and state laws, including, but not limited to telephone calls and mailings. Under no circumstances will the..contractor hire outside --counsel or attempt to make collections-by coercion ~~ _A -; or, by threat .of legal action.. _,. 11.~, .; Inform NHCDSS .of the name and address of .the employer and the absent parent when employment has~been verified and wage withholding has been implemented by the contractor. ~ 12. . _ ~ _ _ ._. _ .. ... . Forward any absent1`parent's.offer to a compromise ~~ ~, ~ +- o f . an account to NHCDSS , for approval . Under no circumstance ~will the contractor acce t , , p a V-. compromise without the written consent of.NHCDSS. 13. Make every effort to colle~ct~an account prior to returning a case to NHCDSS. ..Cases will be returned, ,.~ - ~ ~;,with all address and location information discovered ~ ~~ ' ; by the contractor when : _ _, ~ ..... . ~ ~ - ~ - 31... ~. T-3 of 6 (A) the absent parent is known to have assets and refuses to pay, or (B) the absent parent has legal counsel, or (C) the absent parent files for bankruptcy, or (D) the contractor has actual knowledge that collection will be rendered ineffectual by failure to take .legal action, or (E) a Non-AFDC client with no AFDC arrears requests case closure, or (F) the absent parent. refuses to pay because he/she disputes the debt. The contractor shall not be entitled to compensation on cases after they are returned to~NHCDSS. 15.. Abide by•the terms and conditions set forth under thE~ Privacy~Act, 45 CFR Section 3b3:21 as amended, C.R.S., - 26-1-114, as amended, North Carolina General Statute- . Section 108A-80,~~and North Carolina General Statute Section 110-139.. 16. Submit required reports The contractor shall rovide NHCDS w p S ith the following reports: A. Cumulative monthly activity report of the: 1. Number of~locations attempts-made; 2. Number of absent parents located; 3. Number of payment plans established; 4. Number of wage withholdings established; S. Number of cases referred back to NHCDSS and , reason. _ .. B. .Tax Intercept Certification Report:- For '~ • purposes of tax intercept certification, in June of each year the contractor shall provide NHCDSS with a report of all cases. The report ;, shill be alpha by absent 'parent name-and shall .- .:. - contain:. -... _ .. _ 1. Absent parent' s name; ~~ ~ _ - -• f ~~ 2. Absent parent's last verified address; u .. _ •.:. 3. Remaining arrearage; ~ - ' ! -. 4. Eleven digit identification number for the absent parent; ~-~ - 5. IV-D case number; - - 6. Client's name. .•-C. Bimonthly report•reflecting activity in case _ •° .referred. The report shall be in NHCDSS worker 32 number order and alpha by absent parent name and', . T-4 of 6 1 1 t 1 ;~; .. should include: 1. NHCDSS worker number; 2. Absent parent's.name,,social security . number, address; ~.. 3. Balance of debt, payments received, last collection attempt; 4. Status of the case; e.g., attempting to locate, returned to NHCDSS, date paid in ,full or other statements that further describe the status of the account; 4._ Total dollar value of each case referred for collection and the amount collected to date . - . -. D. -Collection/Fee Reports: _ On the TOth and 25th of each month., or more frequently if the contractor desires, the contractor shall submit to the appropriate Clerks •_•: of Court.or designated .agencies a.check for the gross collections. paid by the absent parents. The remittance shall be accompanied by a~report alpha by absent parent and containing the • following: ~:3~•..~ •, _ _ _ -. _ 1. Absent parent's name; . 2. Client's name; = _: -- 3. Eleven digit identification number for - ~ absent parent; _ 4. IV-D case number; 5. Court file number; 6. Date and amount of payments received; 7. Where payment was sent; . 8. Total amount remitted. , A copy of this report shall be sent to NHCDSS at the same time the report and check are sent to •the Clerks of Court and other designated agencies. The contractor will be entitled to collect the appropriate commission on some payments made directly to Clerks of Court or designated agencies. The contractor shall be notified of such payments once a month by a computer generated report from the State Child Support Enforcement Office. The report shall be by county and alpha by absent parent and shall contain the following: . 1. County name or number; ~~ . 2. Absent parent's name; 3. Eleven digit identification number for ~•~ 33 T-5 of 6 absent parent; + 4. IV-D case number; 5. Court file number;' ~ ~ ..6: Clien 's ~ name; ~ ~. ~ 7. Total dollar amount of payments received i~n each case; _.. 8. Total dollar amount for the month. - ~ Upon receipt of said report; the contractor wiill cross reference with payments (if any) made directly to the contractor. Upon proper - identification of payments made directly to thE~~ Clerks-of Court or designated agencies by the absent parent, the contractor shall submit a i monthly invoice to NHCDSS for payment of commission. The invoice' shall be accompanied t~~y a report, alpha by absent parent name, and shall include 'the following: ~ i I . _ ~ 1..~Absent parent' name; .: 2. ..Eleven digit identification number for absent parent-; ` ~- ' ~__ ._ 3:...IV-D Case number; ~ -..- 4. Court file number; •. ~ S. NHCDSS worker number; 6. Client's name; 7. Dollar amount of payments made directly to~ Contractor (if any); i •8. Dollar amount of payments made directly to to Clerks of Court or designated agencies; 9. Total amount remitted. ' ,, ~ _ i . ..... s..... ,...,, ~. t t ..,_ ,_ ._ . _ .... ~ .. . ~ . ~ ._ .' ~ ..t .., ~,;. 1. ~ r _.e,s... ... + ~ ter.. ~~ .. a .l ~~' a ~. >. _ -.... ... . ~i ~' ' ~~ ~ • T-6 of 6 r ~- Contractor's Quote # 111-96 COUNTY OF NEW HANOVER, NORTH CAROLINA ~, BID PROPOSAL FORM • RFP # 96-0457 -COLLECTION OF CHILD SUPPORT BY PRIVATE. CONTRACTOR j, June 11, 1996; 3:00 p.m. I certify that this bid is made without- prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and ~; can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. ti. - . $id Proposal ,~ _ . Having carefully examined the Request for Proposals and Addendum, if any, Contractor hereby proposes to provide service as detailed in the Request for Proposals for Collection of Child Support By Private Contractor as listed below: ~„ Percentage Rate for Service. Per Collection t 5 (fifteen) Attachments to the Bid Pror~osal Form The following items (presented/requested in detail within the RFP package) shall be submitted with the original proposal form and the required five copies: ,~ Section 1. Organization Support and Experience '~' This section shall contain al! ertihe a p nt dat relaimg io the contractor. 1.1 Contractor's Organization 1.2 Contractor's personnel and resumes - List education, position infirm, years with firm and experience in child support field (if ~~~, applicable). ` ~ 1.3 Contractor's experience in collection field based upon its past and present clients. These clients should be from both public and private sectors. Contractor's listing shall be divided into - ~ government and private sector clients, past and present; each listing shall include: name of organization, contact person, ~'•- '~? ~ address tele hone number ands eci the t e of collection P P fY YP account handled. ~~ ~ B-I of4 ..~ ~ ~?~'_' 1 n _~ Receipt of the following Addendum is acknowledged: Addendum No. t ~ Date -,June 4 , 1996 Addendum No. Date - , 1996 Addendum No.. ~ ~ - J Date ; 1996 - ~: ~ ~ • ,~' bidder Information Please check. as appropriate and complete the items below. , ~: f The Bidder is: ~~ An Individual. ... • r' A Partnership between: ••~ ^, A Joint Venture consisting of • A _~ Corporation organized under the laws of the State of_ North Carolina (List name of state appearing on the corporate seal and affix seal below where indicated.) • ~_ • . .. . Waw_n_a T,p_f t nn ~+ •• (name as above printed) TITLE: President ~~; COMPANY: PDS Investi4ations and Security ,~' ADDRESS: 928 N. Fourth S r ,~ • wilminctton, NC 28401 • • TELEPHONE:(910) ,251-8007 ,~, SEAL-IF BID IS BY A CORPORATION . _ -•, • ATTEST: ~' B / • Y ~+ . _ .. ,~' B-4 of 4 3 7'' ~' • ~~t _ _ i ~~~ PDS Investigations and Security P.O. Box 1065 Wilmington, NC 28401 Telephone (910) 251-8007 1-800.-204-5671 Fax (910) 763-3320 ,~ The PDS Investigations and Security Company was started in 1990 by Wayne L. Lofton of Wilmington, North Carolina. The Company's founder has several years of experience in government as well as the private sector, and fully . understands the connection and interdependence of each level. Furtherrrore, _' the broad and vast experience that has been compiled by-the entire PDS Staff has proven very helpful to our clients in .assisting them to attain their. goals and conquer. their endeavors. We believe that the job before us is ~` an individual challenge, and we have. to approach each task with the fervor and ..energy to achieve results at the hghest standard of excellence. The PDS Company offers services that include fraud and criminal 'investi- `~ ation back g ground ~.nvestigation, insurance/benefit fraud, post/faci?ity protection, personal/executive security, and employee/internal embezzlement. ` ~ In addition, we offer consulting services that involve lobbying, polling, and canvassing, direct-mail (persuasion/opinion),~as well as secur.' ity concerns. Our company makes every effort to secure and maintain confidentiality through composite and simultaneous effort via a homogeneous and self-contained environ- ;~; ment. The use of multiple operations creates chaos and havoc as well as escalates confusion and over. -duplication . ~` Gve want to satisfy all of your professional needs. that we are c~;pable to service and to demonstrate what a cohesive anc well-trained group of colleagues can do when working together.. We present the truth and facts to every client and we don't believe in short-cuts or stretching-.the-truth ' to misrepresent the results of an investigation. c,;e-give you your. money's worth at ,a,..reasonable fee,. and within a specif i.ed period of tirr~, we leave J~ no stones unturned or no levels unexamined. You can trust that our. work ,~j will stand up to the test of.-time and integrity: .r NOTE: Our. staff has a ca~nbined nufr,ber. of over. forty L90) yParsa experience . in investigation and management background. We are able to assist your. opera- tions with knowledge and exposure to difficult problems and situations. we are the "go-to" guys, when your. profits and business are on the line. ~ ti . ~ c ~ '~". A ~'r ~~i' 39•~ ~. Wayne L. Lofton Born :September 29,1957, New Hanover County . Education :New Hanover High School -G.D.-'75 . North Carolina Central University - B.A. - `78 ° ~ A University of North Carolina-Chapel Hill -'80-'81 N.C. State University.,,-''8~1.-'82 . ;, East Carolina University - '82-83 Employment : LOFTCO Enterprises, PresidentlCEO~ PDS Investigations and SecurityServices Inc.(Present) Lt. Governor's Office - '84='88 .. ~: N.C. Democratic Party Headquarters = '78 '82 { East Carolina Uiuversity - '82-'83 N:C. Uiuty Campaign Director (statewide). - '88 .. i Accomplishments :* Distinguished Democrat Award -'82. * Who's Who Among ,Professionals - '82`-present ' *Life Member, Omega Psi Phi Fraternity Inc. , . *Life Member, NAACP ~~ ~ ~~: *Board Member, Southeastern Economic Development ~ ,~ t ;. Commission ' ~ ~~ ~. *Board Member, Southeastern Joint Partnership Act *Recognition Award, Health-care Facililties Association - -- *Board Member, N.C. Telecommunications Commission Family : *Married with two children (Veverly, James,~Jennifer) Parents, James & Helen Lofton of Wilmington 40 ^.~. ,~ Ashur Leon Shaw , ~' ~ 1222 Harbour Drive Apartment 206 Wilmington, North Carolina 28401 (910) 452-2351 ~, .OBJECTIVE i ,~~; A position as a management or marketing specialist incorporating finance and/or human relations. ffiGHLIGHTS OF QUALIFICATIONS ` '~' Stro back ound in financial mans ement and controls. ~ . ~ ~ g • Skilled in job structuring and resource allocation. ~~ •' Fifteen years experience in management and supervision. • Outstanding communication skills, both individual andgroup-oriented. } Successful .supervision of statewide network of associates. ~~: PROFESSIONAL EXPERIENCE Proicct Planninv: • Increased sales receivables of a new business from $25,000 to 5300,000 in one year. • Developed mazketing plan encompassing a three state region. • Co-organized and planned the building and opening of a 46,000 square foot retail establishment. • .Developed and helped implement management training program which is currently being used nationwide. • Developed extensive yearly budgets for sales, profit, and shrinkage goals fora 510 million per year business. • Developed monthly strategic reports on an inventory status of 53 aullion • Established hiring plan which reduced sub-market labor turnover by 9%. ~~ Communication end Public Relations: • Outstanding record in recruiting and training. `~' Worked as a minority recruiter for the North Cazolina/Virginia porrion of the Landover area. • Successfully trained seventeen store managers. --::~lvSembcr of the Area Charitable Contributions Committee. ,~, EMPLOYMENT ffiSTORY Operations Administrator 1993 to Present PDSSeeurityServices, Wilmington, North Carolina Store Director - ~ 1987 to I993 Toys R`Us, Wilmington, North Carolina Basketball Coach 1986 to 1987 UNC-Chapel Hill, Chapel Hill, North Carolina Department Manager ~ 1980 to 1986 A Southern Season, Inc., Chapel Hill, North Cazolina f . Supervisor of Officials 1977 to 1980 UNC-Chapel Hill, Chapel Hill, North Carolina ~~ EDUCATION J B.S. -Industrial Relations/Sociology /~ ~ 1980 ~, University of North Carolina at'Cha 1 Hill ~ `7 Pe References Are Available Upon Request ~, ~- ,~. Computer Capabilities •~~~ PDS currently maintains the following computer hardware and software: . ~~; IBM Series 350 Pentium PC 486 Intel Pentium Processor ' 256 K cache ~ Integrated Math coprocessor y_r . 16 MB Ram ~ 4x CD Rom Drive _ Compaq Presario 733 with a 300 server .486 Intel Pentium Processor ' 16 MB Ram (expandable) 4x CD Rorn Drive ,~' Fu11.Security Management Features Software currently utilized: Windows 95 Microsoft Office (Access, Excel, Word, Powerpoint) Quicken(95 udated version) America Online Compuserve y 1~; ~ In addition, PDS has used software packages designed by Administrative and '' Technological Solutions, Inc.. This firm specialzes in Custom Imagind and Database systems and can produce a software package specifically designed for the child support ' collection field.. S~' ~~ ~ ~ ~ • ~~`~ ~ 43.E ~. ~~ Skip Tracing Methods PDS employs several methods ofskip-tracing. tiVe have a long and successful record in fugitive location and recovery. `Ve feel. that this would acf-as a great asset in locating absentee parents. In addition to normal methods, PDS uses the following database providers for assistance in locating skips. DCS I nforTnation Systems 500 North Central Expressway ~ . Plano, Texas First Incorporated 100 Constitutional Plaza Hartford, Conneticut .. . US Search, Inc. PO Box 3637 Beverly Hills, California Immediately following this page, see the checklist that is currently being used by PDS for locating absconders. 44: i~` ti' ~_ ~ Checklist of Sources for Lo cating Debtor and Any Assets ` ~ . Public records:. To find out debtor's bank acct: . . ^ County tax assessor ^ Friends and acquaintances ^ Voter registration records ^ Work and business associates 4 ^ Post Office ^ Landlord ~ ^ Motor vehicle registration dept. O Customers and clients '•~ ^ Court records ^ Calling banks in area where O Municipal water district debtor lives or works ~'` Private records: ~ To find out name of debtor's _ landlord if he or she rents: ^ .Telephone company i ^ County Tax Assessor's Office • O Criss-Cross directories E ^ Haines or Polk directory for • - ~ ^ Gas and electric company that city '~S ^ Collection agencies O Land title/title insurance ~- .. . . O Credit bureaus ~. _ company _ , • `• ~..~: ~.~`. Personal contacts: ~ ^ Neighbors '~ ::: ~• ~ ~ ~ ~ O Friends/relatives - - O State list of property owners t O Neighbors/former neighbors To find out if debtor owns home ~i or other real property and where _ O Employers/former employers located: ^ Work and business associates ^ County Tax Assessor's office ~~{ O Leaders of membership groups O Land title/title insurance Court procedures: company f +~ O Order of Examination (to ^ State list of property owners . + examine debtor) _ To find out ownership of car or . ' ~ ' .._.. ~ ~ ~ ~ O ~~`Subpoena Duces Tecum (to get - -other vehicle: ~ ~ ~ ;. <" ` ~ .. ..;.. - - ~ ~ records) ~ . ^ Motor vehicle registration dept. ,--: y ` ^ Interrogatories (to examine O Friends, neighbors, acquaintances ..J~ ..i4~ ~ ;, debtor in writing if debtor lives ~ . ~ ~ .. _ . _ . j ~ ~.~;, ;:•~ ~;•,,•too far away;o come to court) .~ .^; Work and business associates •- . ~ :.:~~f ~~`~~• To find out 'where debtor ~'~ ~ ~ ~" To-find out about other mafor'~=t works: items of personal property: -""•'=~ O Friends ac uaintances q O Friends and ac uaintances Q neighbors p Work and business associates _.<s.. - ~ _ " ^ landlord ,. ( ~ .... _-^~.Visiting debtor's :home; place . :~_ ~ r t~; _ • ~ O µ_, Work and business associates Trade associations and unions _ ~'_ „ of business , ;,« ,Key ~3 To find out about customers or D. leaders of membership groups clients owing the debtor money: O Credit bureau data ^ Work and business associate, ~ , ~• Dunning Letter Procedures The following are letters or excerpts of letters PDS will most commonly employ in collection of past due child support payments. Dear Your debt for has been sent to us by the New Hanover County Department of Social Services. ~ - ' When someone does not respond to notices and attempts to collect payments, it raises a grave concern on whether you ever intended to fulfill your obligations.. We are beginning to have some concern regarding the possibility that your financial situation may be such that you are unable to "catch-up" in this time of financial crisis.This suggestion that there may be a change in your financial status is offered as a possible explanation for the fact that you have not responded to,repeated attempts to contact you. The decision not to contact us with an explanation for the past due status of your account is not a good one. It is seriously flawed and should be terminated immediately. We must.,have your payment for the amount in arrears immediately or an explanation for your inability to send it, and this must be done immediately. . Please call me as soon as you receive this letter. The time frame for amving at an amicat-le situation is getting short. _. _.~2 Dear , ,:~ ._ - As of the writing of this letter your debt for past due arrearage for child support payments is - We know'how to 'collect debts .NOW WE INTEND TO COLLECT YOURS!! We have been unsuccessful in our attempts to get you to reconcile with your financial obligation. The time, for action is now. We will look Toward to hearing from you within 15 days of the-date of this letter.>; ~~ :~ In addition ;PDS wil send correspondence using certain criteria (ext eme delinquency) as the catalyst for more sever cases.PDS will also employ an~aggressive telephone solicitation method for collection purposes. ;: - . ..., . <.r : ,z~w. ,. ,~. ,~+ t~; ~~~ .~ \~r A~~ ~~u ,, ~~~ ~~ ~~~ ~`. ,~~ ~r SECTION ~~ .: :._~~_~ . , . .j. . 3 4~ . ,,. .., . ..:~ µ~.~. ... , . ~.:: ~ _~..~ ....... ..:~~~..a _ at::. 4 . _ ...J 47 'a 1. Narrative on Contractor Responsibilities After obtaining the initial information from the Department of Social Services, PDS will- begin an agressive attempt to not only locate the absentee parent but collect past due child support payments from this absentee parent. Our initial process will be one which includes, but is not limited to, the following: r; Telephone calls Collection letters Last known address searches°- `' Work/employment verification Contact with relatives Personal visits Database searches (Social security trace) (National new address identifier) (Postal forwarding adress check) (Motor vehicle registration) F, . •-(Neighborhood inquiry searches) (County tax records) PDS plans an exhaustive and all-out search to locate and collect the past due payments from the absentee parents. Some of the forms that we will use follow this narrative. PDS use a standard Debtor Asset form enclosed) which will be transmitted to DSS whenever an absent parent is located. This form will also be used to inform DSS of any payments received since the last transmission. 48 ~, ,~ .. _ .,r Month y Activity Re or Tax Intercom t rtification Resort ~' Bi-Mont ),y ('ase ReDOrt -- C'oll~ction Fe~RSnorts - _ 1, Monthly Invoic .. , In collaboration and under the direction of the Department of Social Services, PDS will ,~ design, produce and implement each of the aforementioned reports. .. ~. -- ~ _ _ .. ~1 __-_ - _ _.. _ .. .._ - ___.... .. ~` -. ._ .._ .. _. _ __ ~, _ .~ ._., _ _ . r _~ ... _ _. ...~ .. _. ,t ' ~_...... _. _._. q.._~ M ___.._ .. -.._.. ~~ .~.. _.. _ 4 _ ...._.. _._ _.~.. ... _,..... .w. ~~. __w.__.. ~~,...._. ,. . '~; r ~, i ,~ ,~ Information on the Debtor and Any Assets Name of Debtor Previous Names/Nicknames Date of Birth Home Address Home Phone Number Current Job. or Business Address Business Phone Number Postal Address or Box Holder Previous Home Addresses ~ Previous Job or Business Addresses Names of Personal Contacts: Social Security Number .: Landlord's Name Phone Number Address Neighbor's -Name Phone Number Address Friend's Name Phone Number Address - Relative's Name Phone Number Address Associate's Name Phone Number -Address 50 , .~ 0 :, 0 0 0 ~J,_ ~: `~' t~t i D r FnRM 4~~ 1. Debtor's full name Spouse Amount due S Last ,Address ZIP Phone Oate last char e Occupation and employer. Date last payment ' References Bank and auto info: S.S. No. Drivers license no. Your file or acct no. Remarks Check if mail returned 2. Debtor's full name Spouse ~ Amount due S . Last Address ZIP Phone ~ Oate last charoe Occupation .Bank and . -- References auto info: S.S. No. Drivers license no. Your file or acct no. Remarks Check if mail returned me Spouse_ __ Amoun Last , Address ZIP Phone Da a last char e Occupation and employer Date last payment _ .Bank and_.._...._.. ~ ~ ~ :. ~; ; ':__ , ; ~.~ ~. _ .. References ~"~ ` ~~~ _ auto info: - ' S.S. No. .. ....__. . _~_ ~- ..^ ~:r3 Drivers license no. Your file or acct no. Remarks ~ ~ ~ ~ ~~~ .Check if mail returned ! The parties~ebove are indebted to the The above accounts ace hereby... $ undersigned Sn the' sums set o osite ~ ":.">` ~ ' their names,"Che validity being capable ;-'- "• assigned to:, ~ ?, of legal proof. _ Name of ~~~~'~ The undersigned agrees to re ctedlcot! port promptly , ANY PAYMENT of communication received from SSgnatuce ' any of the debtors, and to remit to any and and. title all fees due; and further agrees that may .. _ ,~__~ . „„,~,,,,~ cetain any interest collected, unless .»._.`V.~~y40ate ~~ ~~ othet~+lse specified in writing Address agrees to remit (less commissions, and interest collected) on or before the 12th of every month. Type o! business Phone • If CORPORATION OR PARTNERSHIP, (PLEASE STATE) a i S ~r Y f ~~ ,~ Post Office Sox Clerk: Date: - Re: P.O. Box No:' Pursuant to the United States Post Office Administrative Support Manua! Sect. ' 353.323(8) the undersigned herewith certifies ,that he is impowered by law to .. . serve legal process and that the name(s), address(es) and telephone numbers of the current tenant of-the above-numbered°box are required to effect services cif legal process in a currently pending proceeding. The Administrative Support Manual Section 353.323(8) is reprinted below for your convenience. UNITED STATES POSTAL SERVICE g. Process Servers. The name or address of an 4 - individual post office boxholder may be furnished to: a person empowered by law to serve legal~~process, upon written certification that the information is required to effect service in 'a currently pending proceeding. Please reply to my attention certified by:, Please enter your reply here: Box No. Is held b • _.- ... ~ ~ _. _._...~ ....~ .:..__. :~: y, .. ..r .._ ~._ - -: Address: Home telephone ~ ~ ' ~ Work telephone and --_..._ _ - .- - - _ Address: Home- telephone ~ '" Work telephone ~ ~ ~ : x ~-µ ~-~ } ~ xiz Date; _ .. ~.. - . Y n 0 c 1 1 1 1 1 1 1 1 1 1 1. i 1 i S 1 1 I~ EXAMPLE OF EMPLOYER'S RETURN (Wage Garnishment) rr.wr.our.rro..e.(.........,w.,e r[~[r.c+tw uv...ca•c[e(.,...,~,r~,,..e .tTOr-.[• row /r....) +w4 W fA/rT, ~ O~s'•'St Oe witty COrIrT / ..n OEFE`~aNT: EMPLOYER'S RETURN L[v..cor•c[,r~[w I cwerc.ur,a (Wage Garnishment) EMPLOYER: You must complete troth copies of this form and mail them to law levying officer within 15 days. Pleas• coned any errors In tM mailing information above and provide any missing information, including tM name of lM person to whom notices should be directed. FAILURE TO COMPLETE AND RETURN THESE FORMS MAY SU0IECT YOU TO PAYMENT OF ATTORNEY FEES ANO OTHER C1VlL PENAL TIES. Name and address o/ •mp/oyer -~ r._ Nanrs and address of ~mployt• ( 1 f tn: _1 t__ _~ Saciaf Sacuri f y Numbcr (~/ kno wnJ . (Insert name aOavtJ 1 I feC+ived Na camings'Nift+ewldinq Omer on (da:e) ~2. T,e employee is a. ~ not empbyed D7I teas employer (!loot errpfayeC, om3 :ems ~ Wxgn 6 and proctaJ fo item 7 on reverse) D. ~ now employed DY this employer and in Ne last pay period nod gross earnings of S ]. Tne employee's paY period is a. ~ lorry D~ ~ weakly c. ,J evey two weeks d. ~ twice a rnOnf71 f ~ monNly ( ~ Otnef (SptCi/yJ (1F YOUHAVE RECEIVED NO OTHER ORDERS THAT PRESENTL Y AFFECT THIS EMPLOYEE'S EARNfNGS, OMIT !TENS 1, 5, ANO 6, ANO PROCEED TO ITEM T ON REVERSE. J (Contirwed on reverse) ' I«. ~s..r+.. w '°°"c"""'c"""" EMPLOYER'S RETURN w x •I i'u• +wrv r. rw, c... v n.., t ra r v w..a..'.[..wwr.... .. (WageGarni:hmont) 53 . ~ .; :j ' J SECTION 4 3 .. .. . .".Tr'.1 ~'J^ 54 1 1 1 1 1 i 1 1 1 1 1 1 1 A 1 1 '1 Cost Proposal Cost Proposal is as previously stated on the bid proposal sheet. This cost is 15% of all funds collected and is all-inclusive as stated in the RFP. ~~,.` SECTION 5 56 Commercial Gen .ral .iability PDS currently Maintains 1,000,000 in commecial general liability insurance. These amounts are per occurrence as noted on the attached copy of certificate of insurance. ' Workers .omnen~ation end mplover iabili Insurance, Automob'le .iability In~~~rance . ~ Blanket Pm~y Dishon ety Bond - ' ..NC License .. PDS has begun negotiation and procedures to obtain all of the bond and insurance ' specification as required by the County. These negotiations are currently being processed by the Szerlip Insurance group of Chicago, Illinois. A letter concerning these negotiation will be forwarded to the County and all insurance and bond requirements will be met before the inception of the contract. PDS has obtained a privilege license for New • Hanover County as a collection agency and will do so likewise for the State of North Carolina. ~ _ _.__ r ~ __ 5 7~. LS:;tIE DATE L•l~t/DD/YY) '8/18/95 PRODUCER r NCSURED T1 tLS CERTiFTGTE IS LSSUED AS A MATTER OF LYFORMATIQY ONLY AND COIliIlSwOITh, Allcr, NiclSOa, CONFERS NO RtGItTS UPON TItE t~RTIFiGTE HOLDER TIQS CERTIFICATE DOES NOT AMEND. EXTF1'!D OR ALTER THE COVERAGE AFFORDED 6Y TIIE POLICIES BELOW Fowler & Dowling Inc. , COMPANIES AFFORDING COVERAGE 5114 Okeechobee Slvd., /(04 . contPAmr West Palm Beach, FL 33417 LETTER A, Acccpttnce [nsunnce Co co.trA,YY B (ETiER PDS Investigations COhtPANY ' tE iTER and Security COtstPANY 928 N. Fourth Street tE7TER D Wilmington NC 28401 CohiPANY E . LETTER I[IS IS TO CERTIFY TftAT Tf~ POUCIFS OF LYStntANCE LLSTED BELOW RAVE BE&Y LSSUED TO TISE L`CSURF~ NA.~fED A80VE FOR T}fE P0t1CY PERIOD I ' YD[GTED. NOT'WITILSTANDLYG ANY ItEQU)REMEM, TF.R.~t OR CONDITION OF A.YY CONTTtACT OR O'iIIERDOCUAtENT WITf{ RESPECT 70 WfQCIt T}[IS TRTIFIGTE MAY BE LSSIIED OR MAY PERTACY, TT[E INSURANCE AFFORDED BY TftE~PO[1CIF5 DESCRIBED I~RELY IS St1B.7ECT TO ALL Tf~ TFR.NS, :XCLUSIONS AND CONDII'tONS OFSUCIt POLICIES. I.LNITS S1fOWNMAY HAVE BEEP REDUCED 8Y PAID [tarntS_ O TYPE OF D'LSURANCE POLICY fYUhieER POLICY EFF. POLICY FJCP. •~ DATE Q{M~DOlYY) DATE (M.\f/DDA1~ ~'~t~ ~ cEYERwLtlABttSTY gIND059616 8/17/95 8/17/96 GENERAL AGGREGATE ' 1000000 }( COM.~t. GENERAL Ltwnt[IrY PROD{OMP/OP AGC. - 100ppp0 CLAIMS MADE ®OCC. PERS. & ADV. CIJURY 1000000 OWNERS i CONTRACTS PROT EAC][ OCCURAEYCE 1000000 E k O FtRE DA.~(ACE(ooe Flrr<) • APED. EXP. (O~ PKI AUT O.~tOBIIE LIABILITY COMBLYFD SLYCIE ANY AUTO L.L~(IT ALL OWNED AUTOS BODILY LYIVRY SCHEDULED AUTOS (Prr ~noi1 MIRED AUTOS 60DILY CtlURY NQN-0NYED AUTOS (Prr ><•~draU GARAGE LIABILITY PROPERTY DASIAGE EXCESS LIA8IIITY • EACH OCCIlRRE.YCE lJbiBRELLA FOR~f AGGREGATE OTIffR TTfAN U MBRELLA FORM .., :::.. STATUTORY LL-tl'IS : ~ . ~: ~ wOR10rR5' CO , > ~ MPENSATION AND EACB ACCIDE.YT EtitPLOYERS LIABILITY DLSEASE-POLICY L.LtitIT DLS EASE-EACH EN P. OTfiER . ue~~urlftm vrvPEw-nvNSrLOCATI0e6rvElDCI~SSPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED 58 - .. SI[OULD ANY OFTklE ABOVE DESCRIBED P0l1CIFS BE CA,Y['s'f r rn 6EFORr: TIIE EXPIRATION DATE TttEREOf, Tl~ ISSULYC COMPANY WILL ENDEAVOR TO MAIL ~_ DAYS wRt['TFS{ NOTICE TO THE CERTIFTGTE HOLDER N~UttED TO TttE [.EFT, 6tlT FAILURE TO MAIL SUC1t NOTICE SHALL, IMPOSE NO OBLIGATION OR I LIABILITY OF ANY KLYD U!`ON T1(E COMPANY, IT'S AGENTS OR REPRESE,YT'ATIVES. i AlIT1IORIZE • 1 1 1 0 fl s u r EXHIBIT C .~ NE'V'Y HANOVER COUN7C'S~ .. FINANCE OFFICE ~ . 320 CHESTNUT STREET, ROOM 602 WILMINGTON, NORTH CAROLINA 28401-4091 _ TFlEPt10NE (910) 341-7l87 FAX (910) 341-4025 FAX 763-3320 BRUCE T.SI(ELL,CPn Finance Director JULIANNE ht. GRIFFIN, CPA Junc~'~~,r~~~ic Dircclor Wayne Lo(lon, President , PDS Investigations and Security 928 N. Fourth Strcct Wilmington, NC 28401 RE: Additional Clarification to Proposal RFP # 9G-0457 Dear Mr. Lofton: ` In order to evaluate the proposals l-cccivcd, additional infornlation is being requested. Your ~+ritten response to the jollo-ring questions must be received by 12: 00 noon Thursday, June 20, 199G. You may return your response by fax at (910) 341-4025. Failure to respond in t/re required lime frame could result in your bid being enncidererl nonresponsive. So~r~c questions arc being asked of all bidders and some arc unique to your proposal. Questions Cor all bidders: ~ ~ ~ ~ ~ - " 1. For the personnel listed in the proposal to be assigned to work on the Ncw Hanover County contract, what percentage of ll~cir time will cacti person devote to Ncw Hanover County cases? , 2. According to tl~e technical specifications on page T-3 item 11 of the RFP, it is the contractor's responsibility to inrplcmcnt wage ~vitliliolding. Provide detail on your companies wage withholding implementation procedures. .. . - ~ _ _ ... .t rt.{~ ' ~. .. • . . .. ,e ••~ ~ 1. A . Questions pertaining to your proposal: ~ - ~' • yr • ° ~ ' _ '- 1. .Your proposal indicates only hvo people will be assigncd.to t11e Ncw Hanover County cases. Is this correct? If no, please comply with tlic RFP to provide inforniation on all personnel to be assigned to case • as well as the percentage requests in question one from above. • ., . ~ ~ `` 2. In your proposal it states a local collection agency privilege licerue has been secured by your company. .. -: Please Lorward a copy of the privilege license. '„~° ..... '~ 3. List what steps you have taken to be licensed asya collection agcn~cy in NortlryCarolina ,:.w ~• . Sin crcly . .. ,. ~e ,~, .~ .` _ .. , •~:. ...~ ' .. ._ ~d; ~^ . Amy Akin .. - _ . - . °~>•wy ~, ;. ;R ~,,.~.; Purchasing Agent _, 59 ~~ ~7 06~20~96 10:44 a 9l0 763.3320 `~ PAS investigations and Security Telephone (910) 251-8007 June 20, 1996 Arny Akin ; .. l~inancc Office 320 Chestnut Street, Rm 602 Wilmington, NC 28401 .O. Box 1065 1- 00-204-5671 Re: Response to request for Additional Clarificati Ms. Akin: PDS~EZB~LOF P.0! Wilmington, Ij'1C 28401 Fax (910) j763-3320 to PropoRal RFPt~96-0457 Responses to Questions for all bidders: 1.Wayne Lofton will devote approximately 50 % f his time to New Hanover County cases.. Ashur Shaw will devote approximately l00% f his time to New Hanover County cases. . 2. After locating and verifying employment of th i absentee parent, PDS will take the " following steps: :. ~ a. lnform NHCllSS of the. name and addr •s of the absent parent and then eanploymcnt ~ • b. Send a letter to the absent parent info mg them of the possibility of the , of wage garnishment c. If the absent parent does not respond to request for payment, Pn5 will _ obtain a coi,rt judgment against the abs nt parent for payment. ]f absent parent still refuses to pny, PDS will the file a Writ of Execution with the Clerk ~.. of Curt and a Notice of Obligation to ithhold From Wages fot Child • '' Support directing them to withhold n p rccntage of the absent patent's wages for '• ' - a specified time period ar until the anti c debt is settled. ~ ~ V ~•~ d.Payments will them be made to NHCD S as per contracted agreement. -~ .Questions pertaining?to our proposal: ~ ~ .? .~ 1. In addition to the previously named personnel Charles Brown will be in charge of the absent parent locator division. Mr. Brown is a re~Cntly retired military officer fl•om the ' United States Army with extensive experience in Investigations. He is 39 years old and single. Mr. Brown will spend approximately 50°~ of his time on New Hanover County cases. PDS will also employ a full-time clerical a d computer specialist to handle all record keeping, correspondcnce,eto.. cont... .'. 60. t t 1 D '~1 D e 'r 'o 0 'e 06~20~96 10=45 S 910 76S SS20 POS~EZO~IOF P. 02 2. License is still being processed. Contact Mr. Cu is Faircloth at the City of Wilmington Collections and Licensing office for verification. 3. We have contaeled Robyn Williams at the NC apartment of Insurance Special , Services OfIicefoc a packet and tha processing ha begun. Sincerely, Wayne Lofton President 61=.<< 1 } This page intentionally left blank 62 REQUEST FOR BOARD ACTION ' Meeting Date: 08/05/96 . _ Regular Item #: 4A Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A ends Packa e: 8 Contact: Pete Ave . ' SUB.TECT: Special Use Permit (S-211, 8/83; revised 7/96) ~ ' .. . BRIEF SUMMARY: Request by Plantation Village to revise exisiting site plan for nursing/personal care and elderly housing by reorienting buildings, eliminating a large dorm type structure and adding covered carports. :..t • RECOMMENDED MOTION AND REOUESTFD ACTIONS• ' The Planning Boazd recommends approval. ..- .~: , FUNDING SOURCE: Federal S: State S: County S: User Fees S: Othcr S: Money Is In Current Budget: ~ Mew Appropriation Request: - ~'~`~'a~-•~ ~ ••a•~ ~ °'' " ~~' Bud et Amendment Pre ared: - ~ "' r : ' s;' v . ~ ~'~ ... 1. ~ a l ~: _... . ~ .. , .... ~ , _ ~ . s j . r M Rr ~ .. ~ ~ - Y .. r e+ ~ o. ~.. ~p N : t ,.. .. . REVIEWED BY• ."'~: ~~_ -'s~= LGL: •=` ~''' ~ ~ ~ FIN: N/A BSHELL ~~ 'BUD: N/A CGRIFFIN HR: N/A AMALLETT BOUNTY MANAGER'S COMM NTS AND~RECOMMENDATIONS • ' _ -~_ •.~J~ .t4%.1~_. j ~.. {1 .. a. ~ -~-~~ f .. -u y. rte. 1y.e._" !", ,ate L ( L.. i i.~ III , F ., .. : t e ... , .. ~f •tti ..} ~.... ..i . ~, ,, . APPRQVEp ~ ~.,~ ::. _ :~: _ .._.,~ _.. REJECTED ~ ~#~•~~ ~ f D. ~~ .. ~ _. _REMOVED C] ~ ' i~ • ~ .~r~ _ . f,, r • . - ~ ~ ~ ~ - .. .. POSTPONE _.u"~ ~ 3 .r. DATE S ~i(o Refer to Office Vision Bulletin Board for Disposition Item A Special Use Permit 211, 8/83; Revised 7/96- Request by Plantation Village to Modify Master Plan for Personal~ursing Care and Elderly Housing Planning Board Summary The Board voted unanimously to recommend approval of the site plan revisions as submitted. There was some discussion concerning fire service protection, particularly the placement of dry hydrants at Blue Heron Pond and accessibility to the site, but the applicant assured the Boa~,d that the Ogden VFD had been consulted and that they were satisfied with the plan. Staffsuggested that the Fire Marshal provide comments prior to the Commissioner's meeting to determine if there were other fire protection issues that needed to be addressed. - There was no opposition. Planning Staff Summary: The original special use permit for this project was granted on August 1, 1983. An excerpt from the permit order outlining the project's requirements is attached. Since the 1983 approval, six revisions have been approved--four by Staffunder administrative guidelines and two by the County Commissioners through special use permit proceedings. Revisions have involved a wide variety of issues, including: reducing the number of dwelling, units, adding covered parking, increasing the site acreage, increasing the size of the auditorium in t:he main Commons Building, eliminating the on-site health care facility and replacing it with a contractual arrangement with Cornelia Nixon Davis Health Care Center and permitting buildings to be shifted to other areas of the site. The latest revision calls for the elimination of a dorm style building to be replaced by quadraplexes, additional covered parking areas, and adding 5.5 acres to the overall tract. Preliminary Staff Findings For Special Use Permit ~ , 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 an~~ approved. . -A ~_ The site-has direct~access~to Porters Neck Road and to.Jeanelle Moore~Blvd. B. ~ -~- The project is served by existing water and sewer systems. ~ ~' ~ ~~ ° ~ ~ ~~~ C. The site is located in the Ogden VFD District. - ~ ~ _ - ~ , . D. A special use permit was issued to the applicant in 1983 for the current operation. ~ T'o date, approximatel two- birds of the project has been built. -~~~~s~ 2. The Board must~fin~~'Fth~~t~h~e se meets all required conditions and specifications of the Zoning Ordinance.' ~:~t.~~~7~ ~3V~~39~ ~~ ~~ Nursing and qer~ a~l•~Car~..e~,facilities, including assisted care living, are permitted by sliecial ~~'AC~ ~ w i a ~ a 1 1 s use permit in the R-20 District. The site is zoned R-20. The Board must find that the use will not substantially injure the value of adjoining or butting property or that the use is a public necessity. The proposed activities are an expansion of similar land uses already in place on other parts of the property. . The actual number of units is being reduced to 232 from 23'5. The Board must find that the location and character of the use if developed according to e plan as submitted and approved will be in harmony with the area in which it is to be cited and in general conformity with plan of development for New Hanover County. The existing facility was permitted by special use permit in August 1983. Approximately two-thirds of the project has been built. Land uses in the area include a nursing home and Porters Neck Golf and Country Club. a .-_ _ . _ _. ___ . ..._._ .. _. _ .,.._._._~~_. __ - _. - .. - .. __ _ _ . PETITION SUMMARY SHEET Petition Number 5-211; revised 7/96 Otr,ner• _ Plantation Village Request:- Revi se S~eci al PPrmi t- Tax ID Number:. 3700 ~. Representative: John JE~fferies Acreage: S S+ ~ a Location: - Pi~rters Neck Road a LAND USE, ZONING, UTILITIES and SERVICES Q • Land Classification: Resource Protection Existing Land Use: _ Retirement Village; assisted care 1 ivinQ _ . Zoning $istory• Area ori,Qina ly 7cnPr? ~>>i tl i ~Zl c,~lp ' Revised 4/91 and 8/93 Commun i t ~ a Water Type: Y Scwcr Type' f mm~nn i r~~ Fire District: Ogden VFD Rc-creation: Blair Noble Road Access: Porters Neck Rd. volume: l~ 800 ADT (' 95 count) Jeanelle Moore Blvd. Unknown School District: Blair MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWaEer Quality Classification• Futch Creek (Sa) Aquifer..Recharge Area: Outside Primary & Secondary Area Conservation Resources: 'None Historic Landmarks and Archeological Sites: ~ None Soi! Type(s) and Class• Wright~oro (Wr) ; xenansville (Ke) 6 ~ N/A r Septic Tank Suitability: Prime Agricµltural Soils: Yes a Building Suitability: _ Few limits . What You Must Establish .For A Special Use Permit ' ~ Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The ' Zoning Ord'u~ance 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 _ '.~ l proposcd.use satisfies these requirements: (Attach additional pages:if necessary)' ``~ ~' ~ • General Requirement #1 ~ • • •• . ... ~ • , ~ •. The Boaid must find "that the•use will not materially endanger the public health or safety'if located where•pro- posed ana developed according to the plan as submitted and approved," ~ -' ~. S[atement by Applicant: public Health $ Safety should .be .improved over 'the"`" ' ~~ original. plan.~already approved as the nu er' of~`living units •is reduced ' from •256•`'(SO`:Ac~a'°S:l• units/acre) ,to .2 (55: S' Ac - 4, 4 units/acre) . - General:Requirement #2 The Board•must find "that the use meets al! required conditions and specifications" of the Zoning Ordinance." S[a[emen[byApplican[:. Requirements for R-20 zoning'is_•,being met and exceeded. ,. - General Requirement #3 •.: • • ' ' , . The Board must find "that the use will not substantially injure the value of adjoining or abuttirig property or that ~ ' the use is~a public necessity." ' S/atemenlbyApplicanl: The quality of construction, •~site~ improvements, and ' maintaining of natural site features has been firmly•established~by ' existing development. This will continue into future phases, thereby ' supporting and.increasimg value of•adjoining property. General Requirement #4 - •ThrBoard mustfind "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." ' ' ~ - ;`. ~ S[alementbyApplicant: .The county land use plan calls for 0~ and I use. ~ Low density upscale multi-family housing with common support facilities - ~. . '. __,.~<- "~ _~~~_-~;•f Recreation, Administration, Auditorium.- is consistant with land use plan.~y ~ -' ~.. ~ • - - • .. The Zoning Ordinance in some'instances, also imposes additional specific requirements on the use requested by ~. • the applicant. The applicant,should_be prepared to dcm_onstrate that the proposed use will comply with each _ _ specific requirement found in section 72~~ (as applicable) HdSh'e~should also demonstrate that the land •~~ ' wall be used in a manner consistent with the plans and policies of Ncw Hanover County. The Board of Commis= •• sinners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the ' • Species! Use Permit. . _ . ',.' , .. .. .. ' • . ' I certify~that•all of the information presented in this application is accurate •to the best of my knowledge, informa- ~'. z•tion and belief.. ~' O ~ ~ ~ ignatu a of App an o Owner John Zt. Jefferies A Jefferies and Faris ssociates ADDENDUM - - - S-211, 8/83 - - 1. Increase site acreage to 50 acres (was 41.40) 2. Reduce living units to 235 (was 252) a 3. Reduce site density to 4.8 (was 6.09) 4. Increase site coverage as follows: - A. Structures: 223,484SF (original 142,190SF) B. Parking/walks: 302,342SF (original 238,400SF) C. Open Space: 1,.652,174 (original 1,422,848SF) S. Permit enlargement of auditorium at Commons Bulding 6. Elimination of on-site health center, replace with contractual service arrangement with Davis Health Care - Center located next door. 7. Water system to connect to Cornelius Nixon Davis Nursing - Home with option of on-site community system. •-- Ordered this lst~day of April,•1991. ~p~ - - - D 4 1 G W Q ~ ZC /~ ~, 1~. l•~ Fre Retc in, Chairman * ~ Atte _ `• , `~ st : `rl •'~••'. ~~ e ~ ~ ~', ; ADDENDUM 5-211, 8/93 1. Removal of western driveway connection to Porters Neck Road 2. The three-story building in Phase IZ be equipped with fire sprinkler systems per applicable codes 3. The connection of the project to Jeanelle More Blvd. before any construction begins outside sub-phase B ,. 4. Provide a temporary service entrance for construction traffic. ' ~ 5. Install an additional dry fire hydrant per recommendations of the Ogden VFD -~ Ordered. this the seventh day of .September, 1993. • ~ ~ Ro ert G. Greer, Chairman Attest: . .. .. C erk to the Board ~• ; _ .. is _ •~ ....~-_ •;._._.. ...:. - ., __w~..~. . ~ .. . ~~ ~.i'")Urlt i Ut~ . ttcW EtANOVER • sr•A~~: oE~ ~ r.'~trnr cAia~I.rNA OirDER GIL1NTIt~G/UtiIJYING A SPECIAL USE PER`1IT The County Commissioners Erc New tlanover County having held a public bearing on Monday, August 1, 1983 to,cons~der application number 5-211 8/83 sutxnitted by • _ Pl.arl~ation Village',,,Z.nc ;•a''~r'equest for a • located •ac the nocthGide of •Porrcc~s Nccx r~ nj:,i,rc,x;~o;vll~tOC~ je G Jea;icllr Moore Blvd.•for a Nursing & Personal Care Facility in R-20, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACP and draws the following CQVCLUSICNS; 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-9 ot: the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans sutxnitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). , • 2. It is the County Ccmnissioncrs' CONCLUSION that the proposed use will satisfy the first general requirement listed in the Ordinance; namely that the•use will not materially endanger the public health or safety if located where act developed according to the plan as sutmitted and approved. In su Proposed conclusion, the Ccmnissioners make the followi pport of this . ng FINDINGS OF FRCP: (a) The North Carolina State Division of Health Services has preliminary • approved•three well sites for the project. '(b) An 80,000 GPD on-site tertiary wastewater treatment system has received tentative approval from the State Division of Environmental Management. (c)'Drainage plan has been reviewed by the County Engineer which will make use • of open .ditches and the existing pond to keep and maintain natural run-off at existirzl levels. (d) A central alarm system will~be installed and connected fran every dwellig unit: to a staffed 29-hour nursing station. (e) Existing street capacity can handle the estimated daily traffic increase of~900 vehicles. 3• Zt is the County Ccxrmissioners' OpNQ,USIOCI that the proposed use does satisfy the secorzl general requitement listed in 'the Ordinance; namely that the use meets all required conditions and specifications. In support of this ,,_cancluson,•the Corcmissioners make the following FIl~INGS OF FACT: (a) Nursing and Personal Care Facilities are a • R-20 Residential District, permitted special use in the (b) The basic minimum requirements (setbacks and building height) of the R-20 Residential District (Section 52 of the Ordinance) are satisfied, (c) Approximately one parking space per•dwelling unit with additional spaces for employee and visitor parking are adequate for the elderly population. Off-street parking and loading requirements of Sections 80 and 81 of the Ordinance are satisfied. 4• It is the County Carmissioners' CONCLUSION that the proposed use•does . satisfy the third general requirement listed in the Ordinance; namely that the use ..will nOt substantially injure the value of adjoining or abutti the use is'a• public necessity.. In support .of this conclusion t~l~epCommissionershat rriake the following FINDINGS OF FACT: (a) No adjoining or abutting property owner objects to the (b) Additional nursingjhealth related facilities and pLOp°S~ facility, are compatible with the existing nursing home facility~l care 'services (c)•All adjoinirg•property is owned by the Champion McDowell Davis Foundation ' which is sponsoring the proposed plantation Village. S• It is the County •Comnissioners' C ''']~isfy the fourth general requirement lisle dLinlthe ordinance n~~ use does / ration and character of 'the use if Bevel ~lY that the ~ approved will be harmony with the area~indwhichritristto to located and inted general conformity with the plan of development for New Hanover County. In support of this Conclusion, the Commissioners make the following FINDINGS OF FACT: >, ,~ `o .,• ••:~ O • .• ••:::•• •• fat The proposed li Ee race cu„ ~• •-•• • ~.~.• .. JUJ ) .. ..uetild be in. ~.,1ura1 hacmoy and character • ' with the surrrun.)i:x~ aria a4-] Use existi,y cci:ira,~nt an9 nursing home • facility. = (b) The property is classified t:ucal o,i the County's Land Use Plan which ' •.~.• ' encourages, low den.;it.•y cesicl~antial d•~veloixnent not r uiri, services, ~1 ng urban (c) County Policies for Growth acxi D,::velop,nrnc encv~cage multi-use centers - a~ oPportunitier L•oc.ch~+ ~lriarly,(L~],ic~ 1•.'_;5i). (d)~The proposed facility will en~loy approxirrately 125 persons and covide :;::~.~~•~•~'.:•'~`~:~••~ needed 'obs' P ~ foe the eannunity. . 6. Therefore, recause the County Canmissioenrs con • general aril specific conditions pcccexlenl• to the issuance of a SPECIALIUSL•' 1'L•'R4MIT -have been satisfied, IT IS OItDEUCn that the application for the issuance of a • • SPECIAL USE PERMIT be GR11N'1'ED, subject to the followirxl conditions: ~.'••....•,•••••. , a) That • the applicant shall fully canply with all of the specific ~ • ' re~uicements stated in the ordinance for the proposed use, as well as any additional condition:, hereinafter stated. • •~• .. . . b) If any of the conditions imposed by this special use permit shall be • held invalid beyond the authority of this Board of Crnm,issioners by a • •~~ ~ .court of canpetent jurisdiction then this permit shall become void • - •• and•oE no effect. ~ - • c) Other: ~ • .; ~ • ••• .1. ,All os a specified portion of public road (SR 1499)-Davis • Nusing Hone Road-shall be closed. • `~~•` .. • 2. Connection to the County's sewer facilities shall be made within 1DO days • upon its availability to the property. ~• 3. An alarm system shall be installed and connected directl to the • ~.•• .. 9 Cou ' 11 Emergency Control Dispatch Syslem. y my s 4• Sprinkler systems end Cice exl•i uLs shall tie installed in all hallways, staircases and exit~~~~nd each dwelling unit containing cooking facilities shall be i . emergency fire extinguishes. ~ i?1~d with a portble . • 5• ~+o fire l•cuck access lines fcan the succoundiny street system shall tx provided to the pond area as well as the installation of dry hydrants around the perimeter of the pond to facilitate fire fighting needs. . • • ~-~• •• 5. Skilled licensed nursi a, • ng ~d health care services shall be required as a • functional and integral part of the residential develop,nent to ensure the use of the property as a Nursirx~ and Personal Care Facility. 7. Street lights and packing lot lights shall be install •~ . '••••..••. 8. No land distu ~• rbing acitvity may ccmnence on the property within 90 days in order that the North Carolina State Division of Archives and History •_:,. shall have an opportunity to `survey and test the site to determine its eligibility for the National Register of Historic Places. •..1..;::`.:_, 9• Cep ce with all Federal, State and local codes and ordinances. ~:.~"~.•':~:;~ Ordered this ~ . • .........::::•.:.. • 1st day of August 1981. ~ •• ;,: . ~~•• ~ .. '• ,~. ~~ttGY~., •.,•, ~t.Pvrt, .. {: a ~ CpG•,, CHAIRMAN AND COtR1ISSICtlER .:... ? 'ti ~~ , .. • ~: ~ • ~•~ • • :• • This page intentionally left blank v ~ ~ r - R . .__.... ... - n_. .. ~ ~Y w.~. ~ M 72 . REQUEST FOR BOARD ACTION Meeting Date: 08/05/96 Regular Item #: 4B Consent Item #: ~ Additional Item #: Department: Planning ~ Presenter: D. Hayes Pa a Count In A enda Packa e: 5 Contact: Pete Ave SUB.TECT: Special Use Permit (S-396, 7/96) BRIEF SUMMARY• ~ ~ . ~ _ Request by Northside Baptist Church to establish a child day care serice with after-school Gaze at 2501 North College Road. The property is zoned R-15 Residential. (S-396, 7/96) ~, RECOMMENDED MOTION AND R OiIESTED ACTIONS• The Planning Boazd recommends approval. ,- ~ a • k'UIYDI[YG SOURCE• ~ :. ~ . : ' . Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: • ...: New Appropriation Request: _ ~ `, ~` _ ~ E ' " Bud et Amendment Pre tired: ~ '- •~ .• .~ ~ . ' . _ '. . ~.. .:~ ._. _ -~ r REVIEWED BY• ~ , i:GL: • ~ ~ ~ "" • - FIN: ~ ... ~. :. _ • . y BUD: - ., HR• OOUNTY MANA *F.R'. COMMENTS AND RECOMM NDATIONS• -~ ~~ "~ ~ ~ ' ::': -~' '~' `~'•° i ='='- z `-a' . .:... ,,. ..~.. ~... ~, _..~..._ ..., _.,. _.., ... , ..,,. ~z ,,. .. .. ., , . .......,_ .. . _ ,~ .~.~:~ - ~ : / rx . ;: _~ ~ COUNTY ~... ~ ._ .~ .i ~;~. ~:; ...... k. ~ ~., ; - ~ APP ,COMMISS Nq~S _. .. ROVED REJECTED p ~ ~~ REMOVED POSTPONE , ~ 7 3 ~~~: DATE y ~~,.1 ' Refer to Office Vision Bulletin Board Cor Disposition = Item B - Special Use Permit 396, 7/96- Re uest b Northside Ba tist Church to E q Y p stabl~sh A Child - - "- - Day Care Service with After-school Care The applicant seeks to establish child day care services primarily for after-school care in an existing building on the church grounds. The church campus consists of approximately five separate buildings. The service Would be provided to approximately 35 children. Planning Board Summary The Board voted unanimously to recommend approval of the petition as submitted. The Board agreed that because the service would be provided in existing facilities, impacts on adjacent land uses would be minimal. - f°`1 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 is currently served by water and sewer. B. The site has direct access to N. College Road. C. The site is located in the Wrightsboro VFD District. ~ " 2. The Board must find that the use meets alt required conditions and specifications of the Zoning Ordinance. . A. Child day care is permitted by special use permit in the R-15 Residential District. ~'he (~' property is zoned R-15. U B. No additional parking is needed--the existing parking lot far exceeds the minimum ;needed for day care services. ~} C. A fenced play area is already in place. ~] D. No additional signage is proposed. - . 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. No additional construction is required--the service_will be provided in an existing , .° : • - building on the church campus. . , ~=.~: ""y`4. The Board must find that~the location and character of the use if developed according to "-~-~ the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with .plan of development for New Hanover County:'-' - A. .There is a wide range of land uses in the area: commercial uses to the south, rental duplexes to the west commercial and institutional to the east and vacant land to thy: north. B. Child da"~;ca'r~e~faciiitesar~e~commonly associated with churches. " ~~~ . ~~~~.~~~ ~ ~a - ~~~~ ~..:. - - o 1 PETITION SUMMARY SHEET ~' 1 1 1 n Petition Number: '5-396 Owner: Northside Baptist Representative: Same Request: After school care Acreage: N/A Tax ID Number: 3400 ~ Location: N. College Rd. LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: Urban Transition Existing Land Use: Churca Zoning $istory• ~' Area originally zone~Zuly 7 . 1972 Watcr Type: We 11 Wzdghtsboro Fire District: Road Acccss• NC~ 132 School District: ~ Johnson Scorer Type• Septic Laney-Trask Rccresition: Yolumc: 15, 300 ADT (' 95 count) MISCELLANEOUS PHYSICAL CHARACTERISTICS Smith Creek C (Sw) Watershed andWater Quality Classification• Aquifer Recharge Area• Transition between Primary and Shcondary Area None Conservation Resources: ' I~ io Historic Landmarks and Archeological Sites:. None Soil Type(s) and Class• N/A -building in place Septic Tank Suitability: N/A -building in nl acQ / ;7 Prime Agric~dtural SoiLs• N/A - building in place Building Suitability: _ ~ N%A - building in nLa~P What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the' proposed use satisfies these requirements: (Attach additional pages if accessary) ~ ~ ' - '~ ~ • General Requirement #1 . ` • '~ ~' I' ~' 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 approvcd." , S[alenrent by'Appliranl: w~ pl Qn ~~ O~er Q ~er~~p l ~1 • • . : ' • . M- r-. in -l-he. lo~5s~ ~f !xtlldrr J ;~ ~h C,rrr~ W1~ Chr~fen QyeS 5-Ili . . e t~c~ of the •Churc{, proF~rF~ General Requirement #2 The Board must find "that the use meets ap required conditions, and' specifications" of the Zoning Ordinance." Slalemen! by Applicant; }~ C.~1 i l C~ CQ Y~, iLf~.l l17`I wi l ( meek- 1-I+e. 7cnl nS D rCr p~ar~e l~ ~4.C r'a~. ussL (~a.,rm, ~-. Our pla~l yard rs ~~~ ; n Cu r~Qnfl cz ~te~ ~tn5 ,t- Y as Sh~wh vr~ P ~-he-~e. is o.n eic.'s+rrr~ ~rrKinS ~C~•lr~, ~ ~rdeuxilY~ ' • ~ the. buildtn5 w~ wrll usr~. ' . ~. 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." S!alemenlbyAppllcant:.'Tf1e ~~Y~~~ ~I/ , f~ro~r o~ ~~n; 'f. Ccie, c~ rbf lnfure ~/Te ~aluc oE',F>S.e, ~Y ' J '~ ' We, have, Se ve/a I ttie5r'nesses o n .ei~h e,- __._S/~~~ a n~ Qn....Q~,=fnlen~ ConiPl~ ~b,~li;ncl =FJ~~ C/~ur~:.. . ~tvplr-FY. -TF~ere_ .i5 ~ ~encc laz~w~n the, C.hure~'lard ~ dfi2 General..Requiremcnt:#4 ' " The Board must find "that the location and character of the use if developed according to the plan as submitted and approvcd will be in harmony wiIh the area in which it is to be located and in general conformity with the plan of development for New Hanover County." S!alemen(byApp!lcairt:An f1~2r5C`lrCp~ prp~rGM 017 Church ~~emrSCS 15 l~rt harmony wr'~-h ~l~" Chu-~. {~unc+~~or~s v- ~tw-~ r1a~S naf' Cl~an9G propcrfY 4,f a.~l, [,Jhr'C~. Shoo/fin ~f- a~Fe~-~- fh.a.. h~+rmonY of t(~. ~,(etx former, ~- (~la» 5 ~o~ IV ee~ ~anov2~ ~n Fy. . ,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_seciion 72___~ (as applicable). HdShe should also demonstrate that the land _' .~,..,.- will be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commis- sioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. r; I certify that all of the information presented in this application is accurate to the best of my knowledge, informa- tion, and belief. . _ .._ _.. _ ._.. _ .. ..__ ~ __ ~ ~ -; ' Signature of Applicant and/or Owner ..-; Special Use Permit - ' Child Day Care and After-school Care ~ S-396, 7/96 ~ . A. First Stable Prop. ~ ~ •~ •' ~ ®~` a B. W. Weide 13.2 15 34 ' ~_ . I C. Daniluk -. T D. Northside Bap. Church Ic} .'®~ ~ R_15 ~ - pMP E. Northside Bap. Church 0. 3 V (~K F. Hollingsworth R-15 I/91 I Q / G. Hollingsworth o H. Hollingsworth ~ t~ ~ `.:e`t•' •~~ _ I. Lease Properties •- d ~ ~ ~' ~t ;~ ~ J. K.E. Austin Corp. o ~'-i s "' . Y i' 9 s: orr or .. ~ L. Pantry Inc. , . ~ ', ~:,prbverry line .~ 2 `~ ~ 02, . Scale 1 " = 400' f ' 13.5H i ,. ,. .... .. G J ~~ ' . ~ ~ .F K2 'y ' 'E ~ 2.2 13.4 ~ ,o ` ~ 13.6 ® •iz/B~ 2.1• ` t, ' c e° ~ o ~C „~ 13.1 A T - g'avarian T,anc a 11:3 ~ a ~ ~ f32 ' ~ a 11.4 ,~ °+ `" ' ~,~ yy~~ 5/83 ~ r-1.1t F ~ ~ 2/86 Il.6 - a ~ ~ 11.5 ' II/91 ® ~. ti C~ p,-g _~ a ~ ..I. :, _} . . - ~ ,~ . :..~ ::~ 34-I w w~ '® - .... _ CD(B•2) ' ~,,• Murrayville Station zss 1 ~~• 2/95 b r7s ~ C= 2/95 ' ~ • ~ HOCKCF6 'Q p ~ . ~ `~,A Brierwood _ m e - . ^. ,. ~ o PoQ° ~~ •Z e a ~O J•1 0 RASPBERRY RD it r ~' ' ®• .W i n m ~ r ~; t 1 1 1 1 1 1 1 1 1 1 i 1 REQUEST FOR BOARD ACTION Meeting Date: 08/05/96 Regulaz Item #: 4C Consent Item #: ~ Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Packa e: 5 Contact: Pete Ave SUB.TECT: Rezoning (Z-571, 7/96) BRIEF SUMMARY: Request by J. Knox to rezone 11 acres on the south side of Holly Shelter Road 800 feet west of Blue Clay Road to I-2 Heavy Industrial from R-15 Residential.. . - - ~ ., 1 RECOMMENDED MOTION AND RFOUESTED ACTIONS• The Planning Boazd recommends I-1 Light Industrial for the entire tract and for several adjoining parcels. ~~..:' Federal $: -' i'- ~ . °- State S: `~ ` ' ' : ~ : ~• County S: ` ~ ' • -~ ~ User Fees S: ~: `~ • 'Other S: .' " ; Money Is In Current Budget: New Appropriation Request: ;;: Bud et Amendment Pre ared: •-- ~ -- :'• • k~. • '.. _ ._ . .` :'~ . ' !+_.e•l ~~.-~.'t ). ~a.'1{: i ~ .GSs e::... ... .. :•J ... .. ../fit... ir. ,._w ~. t~5j r•e.... .. , r. a .+ f ~t~% r....d sl. t~ iii REVIEWED BY' 4 7r_;~ ; , ~ __ ~ , ~ .. _ _ '_- ., . _..., v..:a ::: ..... . ~ _ ..: ,.~ a °,;:::~ ? ~~,°z. . LGL•:.:...u .:~.;.:.~, .~,: , . FIN:. :.. .... ,.. .BUD: HR: - . .. _ _ COUNTY MANA R' COM MENT AND R OMMENDATIONS• n>, k''„~, e., .. ~i:: .. .~ .<... t...... ,. a5 si.~:. -t'~f",a ~..... .. ,. a:.~.2 ... !. fir, _ .. _..~ ...`r'_ ..-.. 1 ~ u"~,t.: .....,: to ~~ ..« ...J Y4 .r> ~lrt.F tu. : w',r~a ~.:~ ... ..... • f ., 4. .. 3... f , + t :~~ ?.r.~.t Sift }-,`y,~ JY ~•~ r r , • 5 .. ~ . . . , .. a, .°•r.^'o ... ~ CO V~~i~O~~~s~~0~~ ...:~~~ '~ _ ,.i~'..,~2 - .. - . .. APPROVED ®~ .. , ~:r ~.{ f REJECTED p ~ ~_ .: ~' ~~....°, ._ , '~ ;:.... . -7 .REMOVED . , ~,~-~ _ ~ . ',' .. -, ' ~ .. ~. ~ . . , ` --- 7 ~ F / POSTPONED DATE -S ~/ (.~~ Refer to Office Vision Bulletin Board Cor Disposition Item C Case: Request: Acreage: Location: Zr571, 7/96; Applicant: John Knox R-15 to I-2 Industrial 11 (Total tract: 34 acres) Holly Shelter Road east of I-40 and west of Blue Clay Road Planning Board Summary The Board voted unanimously to recommend the applicant's entire tract be rezoned to I-1 Light Industrial--this would include the areas zoned R-15 and I-2 Heavy Industrial. Also, the Bo~ird is recommending that the areas of parcels 10, 10.1, 11.2 and 11.3 now zoned I-2 be rezoned to I-1. (See Attached Map) The Board also directed Staff to notify the owners of these parcels prior to the Commissioner's August 5, 1996 meeting. The Board felt I-1 Zoning would be less intrusive to adjacent residential uses along Blue Cl~iy . Road and would be less of a threat to groundwater resources in the area while concurrently recognizing these properties have been zoned for industrial uses for a number of years. One adjoining property owner spoke in opposition. Planning Staff Summary This same request was denied by the County in December 1992. In that case, the Planning Board recommended approval, though the vote was only 3 to 2. In October 1990, Staff proposed to rezone much of the industrially zoned lands on the sou~:h side of Holly Shelter Road to residential because of concerns from potential threats posed by open- ended heavy industrial development over the Castle Hayne Aquifer. After soliciting public ' "' comment; the Planning Board voted against the measure because of concerns with property value declines and the belief that existing environmental regulations were adequate. ,` In the 1992 case, Staff re_ commended denial for many of the same reasons--concerns.with impacts { ~on the groundwater and encroachment into established residential areas along the south and east sides of the property. Those same concerns remain evident today. Except for the Vision .' :.-SoRware_construciiori on adjacent property, very little has changed in the area since 1992 that .4 ~ ; --~ would alter Staff s position. .:.. .: '. `. _._, ._ .. _ ... _..~ ___ .~ ', _... _...._ _ . ~ ......~ _... ~ .:~ .. It was noted in the 1992 petition that the site's long-term developability would be better served if the zoning district line followed property lines. Such practices would also make it easier to administer land u5,e and3iax)regulatonsU~Tte Federal government owns a large tract adjacent to the north. E~~~~~ ~ '~~~ Tdt~ng the 1992 debate, it was al`so~su~ ges°ted the area be rezoned to I-1, but the applicant felt ~' dividing the site into I-I and I-2 made development more difficult. It is Staff s continuing recommendation that this area and surrounding areas be reclassified to minimize the threat of ollution to the Count 's A uifer. It would also be consistent with P Y q adjacent residential activity where the number of existing homes in the area indicates along-term commitment for residential use: If that option is too drastic, then the Board might want to consider rezoning the entire tract to I-1 Light Industrial--this would eliminate many of the so- called "smoke stack" industries commonly associated with pollution problems while recognizing the fact the site has been zoned industrial for a number of years. _. _ ~~ _. , 1 ~ ... ~ ._.. _.... _ _ _~ __ _ . __ _. _ _ _~ . _ _ . -~ .. !. • IP.. p f l ._ .. ... I~ I - .'~ ~ ^. .. _....... _ ~ . _. ._ .~ ~ 79 . . Q ~~ PETITION SUMMARY SHEET )t'etition Number: 2-571 Owner; John Knox Representative,: Same Request: R-15 to I-2 Acreage: 11'+ 1100 Holly Shelter Rd. Tax TD Number: Location: LAND USE, ZONING, UTILITIES and SERVICES ' Resource Protection Land Classification: Existing Land Use: Vacant ~~ Zoning History•~' Area originally zoned July 7, 1972. Request to rezone site to I-2 denied in 144 Watcr T Well Se tic yp~' Sewer Type' P Castle Hayne Riverside Fire District: Recreation: Road Access: Holly Shelter Rd. VoIumc' 3600 ADT (' 95 count) _ Johnson . School District: MISCELLANEOUS PHYSICAL CHARACTERISTICS Northeast Ca e Fea Watershed andWater Quality Classification• p r B~Sw) Aquifer__RechargeRrea: Secondary COIISei'YatlOn Resources: T~+nP Historic Landmarks And Archeological Sites: NonA Primarily Murville (Mu) Class III soil Type(s) and class: - BQeptic Tank Suitability: Poor Prime Agric~lturxl Soils: None Building Suitability: _ Limited due to wetnP~~ WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use , district proposals. The North Carolina General Statuies require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies each of the follow-' ing requirements. 1. How would the requested change be consistent with the County's Policies for Growth and Development? ~. ~ ~ ~ 2. .How would the requested zone change be consistent with the property's classification on the Land Classification Map? ~0~"r~~fJ' ZOhci.~~ ~/h~ 3. 1Vhat 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? In signing this petition, I understand that fhc existing zoning map is praumcd to be correct and that I have the bucden of proving why a change is in the public interest. 1 further understand that the sin- ; filing out of one parcel of land for special zoning treatment unrelated to Count y policies and the surrounding neighborhood would .probably be illegal. I certify that all the information presented in this application is accurate to the best of my knowledge, information, and belief. ~I ~ ~ ._ ~. ig re of Petiti ner and/or Owner 81.E ... ; This page intentionally left blank ~. 82~- ~ Q J Rezoning Request R-15 to I-2 . Z-571, 7/96 A. Knox ~ B: USA C. Modinos ~ D. Dixon E. Simonelli ~ F. Horrell G. Williams H. Williams I. Auto Park Assoc. Scale: 1 "=400' _. -----F.- --. .. - - - ~ .~ I l.5 ,s, ~. . 11:6 . `,~, ~.p ~~ ~~ , ~~i 6/09 I I I I OL ~ . i r y~I I I I B-2 ~~~ s . ' Z. ~ .. 6/89 ~ 4. r 9 i 5/89 ~. 3.4 2 II ~~ 1 1 1 1 1 1 1 1 1 A 1 t 1 1 REQUEST FOR BOARD ACTION Meeting Date: 08/05/96 Regular Item #: 4D Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Package: 5 Contact: Pete Ave SUBJECT: Rezoning =Appealed Case (Z-572, 6/96) BRIEF SUMMARY: . Request by R. Rampersand to rezone .41 acre at 5610 Bavarian Lane to B-2 Bavarian Lane to B-2 Business from AR Airport Residential: h UNDING SOURCE: • - ~- , , - ~ _ .. Federal S: -` ~ •~ State S: ~ County S: User Fees S: Othcr S: ` Money Is In Current Budget: - - ~ -' • New Appropriation Request: - ~ . ~ , ` Bud et Amendment Pre ared: REVIEWED BY: _ _.... ~ : ,.'r : _._ .. ~: . - ~ ~ ' f `r:: ~ .:.. , i:GL: ., .. FII~t: - ~ BUD: HR: - .. . COUNTY MANAGFR'S OMMENT AND R OMNI NDATION ~ ~ ' 4~`y~• ~°~= _ . - ~~ ~ . _ ' -- . .. COUNTY COMMISSIONERS . ; -0:, ` .. . , , :. ..... ., APPROVED Q. ~~ REJECTED p ~ - - , REMOVED ~ Nit-/kPPea.t~' ~ . ~ ., . `. ~ , ,..:. ,. POSTPONE C~' ° ~ , . Q DATE ~ s ~ ~ . ~~ S 3 Rcfcr to Office Vision Bullctin Board for Disposition to m D - Case: Z-572,' 7/96; Applicant: R Ram ersand P Request: AR Airport Residential to B-2 Business Acreage: .41 . Loc i - .. at on: 5610 Bavarian Lane Planning Board Summary ._ The Board voted 5 to 0 to recommend denial of the petition as presented. The Board felt rezoning the site would make it difficult to control commercial expansion westward along Bavarian Lane and would pose problems for nearby residential uses. There was also -some concern with the traffic congestion in the area. The Board agreed with Staff's suggestion that Office and Institution might be more appropriate. However, the applicant advised the Board that O-I Zoning would not meet his development expectations for the property. Thus, the Board made no further recommendations on the petition. Planning Staff Summary ~ ~ , . - ~ - The subject parcel is contiguous with an existing B-2 District, a rapidly growing commercial node associated with the intersection of Murrayville Road, Bavarian Lane and North College Ro~id. The district is anchored by Murrayville Post Shopping Center (Food Lion and Eckerds), a Wilsons grocery store, convenience food and gas services, miscellaneous retail and other uses. More recently, construction has been started on Murrayville Station, a mixed retail and lighit industrial center located just south of the shopping center. It was approved under conditional use - `guidelines in February 1995. Land north and west of the site consists primarily of duplexes and single-family dwellings. '.f he • ' `" single-family'units are across the street on the north side of Bavarian Lane. The duplexes are :. -, located to the north along Owls Lane and to the west along the south side of Bavarian Lane:. Other properties to the west are~used primarily for farming purposes. - , ,,r--.-,;,,-~ ~; - -, ~ • i t_. e M.The~property's proximity to the existing commercial district and its exposure to large amounts of through traffic has probably reduced its appeal for residential development. Currently, Bav~uian ,~ - - ""Lane provides'a direct connection for east-west bound traffic between North College Road and - j~ ~ ~-°-° Castle Hayne Road: •Estiinated traffic counts •as of T995 indicate: that approximately 14,800 trips per day are made. ~ .-Y- -~ • ~". ~ 1 While the resideiappeal~~ha~s ~been,~dminished, the County should try to limit commercial expansion to the`west to control commercial encroachment into established residential areas. ~~ ,~ ~~.~lx~ .. Confining commercial development~at_th`e existing commercial node would be consistent with ~~, ~~ existing land use policies:;A possibleCalternative would be to rezone the property O-I Office: and itution. This would reco~gn~ze~t~he'~dffculty of developing the site for residential purposes ~~ . ~'~ ,:~, - Q PETITION SUMMARY SHEET a Petition Number: Z-572 Owner: R. Rampersad Request: AR to B-2 Tax ID Number: 3400 LAND USE, ZONING, UTILITIES and SERVICES Representative: Same Acreage: • 41 Location: Bavarian Dine Land Classification: Urban Transi t-i can Y Existing Land Use: vacant Zoning $istory: ~' Site originally Qn?r~ n~-tr,t,A,- i g~~ Wxtcr Type: Fire District: Community . Septic Sewcr Type• Recreation: _ Laney Trask vOlUII1C: R~v~ri an 1 4 R~~ AnT (' 95 count) Wrightsboro Road Access: Bavarian & Farley School District: Johnson MISCELLANEOUS PHYSICAL CHARACTERISTICS Smith Creek C (Sw ~' Watershed andWater Quality Classification• ) A.quifer_Recharge Area: Transition between Primary and Shc,ondary Area Conservation Raourca: None $istoric Landmarks and Archeological Sites: None Soil Type(s) and Class: Primarily Baymeade (Be) Class II 8~eptic Tank Suitability: Few limits Prime Agrict~lturxl Soils: None Building Suitability: _ Few limits WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZOTTING 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 shalt be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies each of the follow- ing requirements. '~P.~[ow would the requested change be consistent with the County's Politics for Growth and ~//Dcvlclopment?11 " ~ p Gt4 - ,^~j,C•O `41f7~G'rLL{~.~ ~ CZ~.( ~. 'a'b(~C(~{L[ GI.LCt(~.Et/%Cd L<iLil9' ~' T Ott C~Cf.C-f~ ~(~C¢l.P ~, ~ ~~,.,~~0~` ~ ~[ tc/~l.C~/~ /ZGY/ l ~ G~`V (, ~'cf4! ~Cr l'v,.,~ Q~ e-e-~¢~fLZ` c/G~.C ~ , 'I~'~/LCC'.2.~r~ GQ~~~ C. ~'~ ~i-rLac.f~ L-. ~l~ c.c- 2. How would the requested zone change be consistent with the property's classification on the Land ~./ Classification Ma ~ P• .~. ~/lC' ~~i .~C,E~ G.l~~~cH Y~.c ll~d~N 7,~.t~J /T.~~v ~c'~~ru~.t ~J ,~/ / / . ~- I 1 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? c ~ ~. U~.c~. Co n,,..+.,.t ~Gc~r,C~dc ~P % Cez~ /mod ~ ~~~ ~ ~ t'/ ~ %~` ~~ ~'~~~~Clt.c,t~~c.,r' l~.i~L.,~, htQ,~~o. ~ ~~2ca7~c ~~r !~`t`~a~-~dt- Q~f' l2~v~f~ t?..c.~`GLt~t.c~r• ~" ~.c ,t?x/.f-~u~ ~ ;~ ~~° j ,t In signing this petition, I understand that the existing zoning map is pruumcd to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- ; gling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify thacall the information presented in this application is accurate to the best of m knowled a informati a d y g on, n belief. -~-. ;, ~~ 87. _ ~~ur.r~~c~,~ ~rc~.~. ~at~Ff,N~~Q ~, Signature of Petitioner and/or Owner This page intentionally left blank ~ ~ _ . _.. ,. ~ . ~~ -. ~ .. 88 ~ .. ~ i'fi- v rr ~~(~ylr Rezoning Request E '~ AR to B-2 -a-4-o ' ~. Z-572, 7/96 ; , ~ I ®.~ A. Peachtree.Park 15 34 _ ~ ' B. Peoples 13.2. _ i .p J C. Koesy ~' ~14 0 ~ D. Weide ~ ' ® w R-15 E. Wilm. Holding Corp. 091 d t Q o . ,• CJ Scale 1" = 400' ~ _ O~'~ +.I%9 v "~ ~.~pPoperty line ~~jj ' ~ ~ ~G s ' 1 :~ 13:5 `.~ ~ ,~ } ® 2 r ' "~ k ' 2.2 ''~ 13.4 ~ .~`, ' ~ ® • 12{'95 ~` 13.6 ~ ' 2.1 - + ,. :~., D " ~ 13.1 Bavarian Lane e ' 11:3. ~ A E 132 ` • ~ 11.4 ® . °' AR~ 5/H3 ~ ~ ~ 2/B6 o f1.6 a . • 11.5 R-15 ~.. ~ 6 ~• -5/93.. u/sl ~ ~ ' I ® ~ ~~ • • a ' 341 ~•»-- w - ~ CDt1I~•I) I t _o '® ~ _ • ,~ _ i ~ ~ z~5 •y ; Murrayville Station -_ ' ® ~- 17S ..._- C2 - 2/95 Z ' ~ HUCK(PeEo. SOS ~: 0 Brierwood i a 1 _ m F-- PO ~~ . ^ ;, eo '1' 34-1 _ ~o e :a e' ~ ~. 3.I ORASPBERRY RD ~ . .__ _ -_ '_. __ ... _. . __ _. Y -__ __ _ ~, •i REQUEST FOR BOARD ACTION ~' Meeting Date: 08/05/96 ~. Regular Item #: 4E Consent Item #: Additional Item #: Department: Planning Presenter:' D: Hayes Pa e Count In A enda Packa e: 5 Contact: D. Ha es ~~ SUBJECT: Rezoning (Z-573; 6/96) `~ , ~~~ BRLEF SUMMARY: Request by B. Botts to rezone 1.4 acres at 6234 Carolina Beach Road to B-1 Business from R-15 Residential. FUNDING SOURCE• Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: ~, Bud et Amendment Pre- ared: REVIEWED BY: ,'. ° LGL: FIN: BUD: HR: COUNTY MANA ER'S COMMENTS AND RECOMMENDATION COUNTY COMMi$SIONE~. APPROVED p ~' - REJECTED p ~ • REMOVED. p . POSTPONED p ~ Q DATE S 9 Refer to Oftice Vision Bulletin Board for Disposition £,', Item E Case: Request: Acreage: X573, 6/96; ~~ R-15 to B-1 1.5 Applicant: B: Botts Location: 6234 Carolina Beach Road Planning Board Summary _:The Board agreed with Staff's position that although the site's long-term residential appeal had dimininshed, rezoning to B-1 was not the answer. The Board voted unanimously to recommend denial. However, in recognition of the site's diminished residential appeal, the Board concludf;d that a transitional .zoning classification might be more appropriate. Accordingly, the Board voted to recommend the property be rezoned to O-I Office and Institution. They argued this would be more consistent with the intent of the Land Use Plan and would soften the impact on adjacent residential uses in nearby Monterey Heights and to a lesser extent in Beau Rivage. Planning Staff Summay The subject property is located on the west side of Carolina Beach Road just north of the entr~urce to Monterey Heights and south of the entrance to Beau Rivage Plantation. Land uses in the area are varied. They include a convenience food store, novelty gift shop, day care, residential.~use~,, mobile homes, -and a shop specializing in the sale and service of gas grills. The grill shop was permitted through conditional use rezoning in December 1994. The gift shop was originally permitted by special use permit but was rezoned to conditional use business in December 1994. The convenience food store was established by special use permit. The day care was also permitted by special use permit. The Land Use Plan directs commercial uses to locate along major thoroughfares at or near intersections with other major roads. Strip commercial development is discouraged. Although ,- the site in question is located at an intersection which has recently been equipped with traffic signals, it is'not swell-defined node. Two large areas of commercial zoning are located to the north and south.. The northernmost district was established with the original zoning of the area in~ 1974 and expanded in 1983. To date most of it remains undeveloped. Amore defined node is located to the south at the GoldE;n Road intersection. Masonboro Commons, anchored by a grocery and drug store, provides a g~~od focal .point. for needed .business activities to serve nearby neighborhoods. In addition to Beau Rivage, Battie Park, Laurel Ridge and Monterey Heights, several other subdivisions in the are<< are in various stages of construction. They include Arrondale, Heritage Woods, Sago Bay and' Lords Creek. r° Althought the site s proxrmrty.to heavy traffic along Carolina Beach road and adjacent commercial uses, partrGarly~t~~e~c~onv~enience food store, has made the site less appealing for r~i~ntial uses, the County~should~limrt commercial expansion along the road frontage. Rezoning ~w"~4-tieY ~t s ¢.vr w . ~T~ :~.. ~~ the site could lead to similar requests,. making it much harder to control step commercial development. A possible alternative would be to rezone the site to 0-I Office and Institution. This would recognize the site's rapidly diminishing residential. appeal and provide some transition between the established residential uses to the west and commercial uses alon the road fronta g ge. ,~, Another possible option is conditional use zoning. This would enable the County to identify the appropriateness of a proposed use and establish buffer, setback and other design measures to make the use compatible with the area. ~~. Staff recommends denial. of the B-1 petition. f ~. .. . ,~: .. ~;, i - . .. .. ~_~ .. . j~~ . - ~ 91 . ~Y PETITION SUMMARY.S-HEFT ~: ~. - Z-573 Petition Number: E. Ra per Owner: p Representative: B • 'Botts Request: R-15 to B-1 Acreage: ~ - 4 7900 Carolina Beach Rd. Tax ID Number: Location: ,- i LAND USE, ZONING, UTILITIES and SERVICES ' Limited Transition Land Classification: Existing Land Use: RPM; dent; al ZoningHistory• ~' Area originally zoned Aril 7, 1971 Community Septic Water Type: Sewer Type• Myrtle Grove Arrowhead Fire District: RccreAtion: Road Access: U . S .. 121 Volume: 2 2.800 ADT (' 9 5 count ). School District: Bellamy MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Cape Fear River Aquifer Recharge Area• Outside Pr; mar. anri ~a~nnraar}~ Are~c Conservation ResoUl•CC3: ~ None None Historic Landmarks and Archeological Sites: Soil Type{s) and Class: _ g~eptic Tank Suitability: . Prime Agricultural Soils: Building Suitability: _ Primarily Kureb (Kr); Class I Suitable None Few limits WHAT YOU MUST ESTABLISH TO GET A ~~ CHANGE OF ZO NING OF PROPERTY Your intended use of property upon rezoning is completely, irrelevant, except for conditional use ~~ district proposals.. The North Carolina General Statutes re uire that zonin re ulations shall be made 9 g g in accordance with a comprehensive plan. Since amendments to zoning maps should-also be based on ; a Land Use Plan, you must explain in the space below how your request satisfies each of the follow- ,~ ing requirements. 1. Ho~v would the requested change be consistent with the County's Policies for Growth and .~ .Development? My request for changing from Residential to Commercial would be consistent with the present and continuing growth in this part of tfie county which began in recent years and continues to the present t1me. t 2. How. would the requested zone change be consistent with the property's classification on the Land Classification Map? This parcel as indicated on the Land Use Map updated in 1993 is in an area masked "Limited Transition". The recent growth in this area has definitely given rise to the question of whether this parcel is being used to it's appropriate and fullest potential. 3: What signific5nt 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? This has been a single family residence for at least ihe'last 46 years. It is no longer a secluded suburban residence on the Carolina Beach Road.' Now in addYtion to the heavy Beach Road traffic, there are heavily [raveled Streets on both sides of the property leading to thickly populated developments located to the rear of the property... Also Located directly South of the ~~ property on .the other aide of Cathay Road is a commercial business -The Pantry. "This-property is no longer a desirable private residential location. r In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- filing out of one parccf of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is accurate tq the best of my knowledge, information, and belief. r Signature of Petitioner and/or Owner 93