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Agenda 1996 11-06s ~- AGENDA :~~~pNOVER Cp yf< G * ~' ~w ~- 9r ~, ~ o~ ~OF NO R7H ~p~- November 6, 1996 NEW. HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREEK CHAIRMAN E.L. MATHEWS, JR: VICE -CHAIRMAN SANDRA BARONE, COMMISSIONER WILLIAM A. CASTER, COMMISSIONER WILLIAM E. SISSON, JR., COMMISSIONER . ALLEN O'NEAL, COUNTY MANAGER WANDA M. CORLEY, COUNTY ATTORNEY LUCIE F, HARRELL, CLERK TOTHE BOARD MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (limit three minutes per item) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS TIMES -6:45 p.m. 1. Continuted Item Consideration of request for paving of Gordon Acres Road 6:50 p.m. 2. Consideration of Proposal for-Provision of Fire Service for 421 North 7:00 p.m. 3. Consideration of Conveyance and Transfer of New Hanover County's Interest in New Hanover Regional.. Medical Center to aNon-Profit Corporation 7:20 p.m. 4. Presentation of Concerns presented by the Airlie Road and Wrightsville Sound Association 7:25 p.m. 5. Second Readins? Consideration of Revisions to New Hanover County Code Chapter 3 (Animals and Fowl) Two Associated Fees Proposed - .i 6. Public Hearings: 7:30 p.m. Item A: Special Use Permit -Request by Susan Humphrey to establish an in-home child day care service for up to 12 children in an existing residence at 310 Windemere Road. The property is zoned R-15 Residential (5-399, 10/96) PAGE NO. 1 7 21 25 29 35 y 7:50 p.m. Item B: Special- Use Permit=Request by Carolyn Freeman to. ~ 41 establish an in-home child day care service for up to 8 children in ., an existing residence at 117 Ray Drive. The property is zoned ,~ '. R-10 Residential {S=4'00; 10/96). 8:25 p.m. Item C: Special Use Permit -Request by Telespectrum, Inc., 47 d.b.a. 360 Communications to construct, a 130 foot tall monopoly telecommunications tower and associated equipment on a 40 ft.X 60 ft. tract at the southeast corner of Park Avenue and Hinton Avenue adjacent to Hughes Auto Service. (S-401, 10/96) 8:45 p.m. 7. Meeting of the Water and Sewer District 65 9:00 p.m. 8. Update on Shell Island Resort Project and Request for County's; ~ 55 Continued Assistance ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY ATTORNEY. COUNTY MANAGER 9:00 p.m. - ADJOURN ~ , '. ' . _ . ,~ , . - ~ ~~. r NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE t 24 NORTH THIRD STREET, ROOM 301 NOVEMBER 6 .1996 6:30 P M , . . ITEMS OF BUSINESS PAGE . - NO. 1 N A d I li i h in . on gen a tems ( m t t ree m utes) 2. Approval of Minutes. ~ 67 3. Consideration of Petition from Greenbriar Subdivision Requesting 69 Extension. of the Sewer System to 105 of 131 Homes ` ADJOURN x ,`- .CONSENT AGENDA . ~. . NEW HANOVER'COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS 1. Approval of minutes 2. Approval of 1997 Schedule~of Board Meetings 3. Adoption of proclamation recognizing the week of November 10-16, 1996 as Youth Appreciation Week in New Hanover County .. 4. Approval of Award of Request for Proposals (RFP) and, approval of contract #97-0130 for collection of child support by private Contractor. 5. Approval of the following NCDOT Road Additions South Branch Road and Buckeye Road Roads in Old Cape ~'od Subdivision/Tidewater Plantation Roads in Silver Creek Subdivision Roads in Santa Maria Subdivision 6. Ratification of appointment to the Area Board of Southeastern Center 7. Approval of Budget Amendments: A. #97-0059 to appropriate fund balance fora $40,000 contribution to the Arboretum Foundation for construction of a Reception Center. Of this amount $15,000 was approved in FY94-95 and $25,000 in FY95-96 for a total funding commitment toward construction of the Reception Center at the Arboretum. With approval of this budget amendment, the funding will be appropriated in the FY96-97 budget. B. #97-0061 to budget funds for the Cape Fear River Corridor Study. Funding was approved by the Board on September 16, 1996 The Remaining Balance in the Contingencies Account is $243,471. C. #97-0066 to budget additional revenue due to an increase in the Title XIX (Medicaid) reimbursement rates for the Family Planning clinic services effective July 1, 1996. The additional revenue will be budgeted to cover the increased cost of birth control medications. D. #97-12 to increase budget for additional revenue received 10/15/96. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary E: #97-13 to increase budget for additional revenue received 10/15/96 Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary -i 1. 1~ i t r 1 ~~ 1 1 1 - 1 r _ i ,. _ .. 122 123 This page intentionally left blank 1 1 ~. REQUEST FOR BOARD. ACTION .Meeting Date: 11/06/96 ' Regular Item #: I Consent Item #: Additional Item #: Department: Engineering Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver SUBJECT: Consideration of request for paving Gordon Acres Road (continued) .~~, BRIEF SUMMARY: The Board, at its October 21 meeting,. requested staff to develop another financing scenario, along with the preliminary cost estimates per property owner, and the documents necessary to implement the Gordon Acres Drive paving request. These items are attached. Please note that the. cost estimates may change depending on the actual construction cost and on the actual road frontage of each lot along the road, as determined by deed research. a ' ' RECOMMENDED MOTION AND REO ESTED ACTION The Board should seriously address the following in considering this issue: 1) Does the County wish to get into the road business, and incur additional demands'on the General Fund and staff? ~o 2) If so, what percentage (~S% minimum) of property owners should be required to agree to participate? The Board, at the meeting, considered increasing it between 80-90%. - " 3) Under what conditions should the assessment be paid back to the- County before legal action, e.g. liens, be taken? - ,. .~ A ..... FUNDING SOURCE: Federal S: State S: County S: User Fees 5: Other S: Money Is In Current Budget: No New Appropriation Request: Bud et Amendment Pre ared: . ~LGL: FIN: BUD: N/A CGRIFFIN HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Included herein is another scenario for the paving of Gordon Acres Road.- This item is continued from the .October 21, 1996 meeting, at which the. Board directed staff to develop options for the paving project. Recommend the Board consider the options. Also recommend the Board consi d discuss the questions noted above with regard to t11e County assuming responsibility for getting i o e road business.. C~IUNTY COMMI5Si0N~i aP~rov~a ~ " ~ REJECTEQ d " RE~~d~ ~ Rcfer to Office Vision Bulletin Board for Disposition P4STPON DATE rr _ q POSSIBLE SCENARIOS FOR .FINANCING PAVING GORDONACRES DRIVE . ~ ~ OCTOBER. 22,1996 . ,: , . . ., . _. ~ _ ASSUME: $89,371 engineering/constructioncnst for entire road - 2,400 linear feet of road ` ~ ~ ' ~ ' - *Lot w/1001inear feet road frontage = $1862 assessment to be financed ,..- .. , _ SCENARIO . _ r .- .. • 8% interest • Add 10% administration cost = $1862 x 110% _ $2,048.20 • Finance over time Annual assessment due for owner of lot with 100 feet road fronta e: g • $305.18 per year for ten years ': • $327.92 per year. for rune years, : _ ,..... $356:39 per year for eight years: ~ . • $393.46 per year for seven years .• $443..03 per.year for six years ~ ~ , ~ - - • $513 07 per year for five years _ ~ , • _ ,, * Actual amount assessed per lot owner may vary depending on actual construction cost and. - deed research specifying actual road frontages. _, ._ . .. ~ _. .. ~. - , ... _ _ _ - _ . ' ,. ~ ~ ~~ U . _ _ ~ .~~.~ cg p~ .ri ~g }~ ~y v ~ ~,."7~a1"i. :~~~~? . ~ STATE OF NORTH CAROLINA PETITION NEW HANOVER COUNTY • Pursuant to the requirements of N.C. G. S. Section 1.53A-205, the undersigned owners of property abutting Gordon Acres Road hereby agree and consent to the imposition of a = special assessment to finance the costs of improving said street. such that it may be' accepted thereafter for NCDOT maintenance. The estimated total cost of the im rovements is P $ .Gordon Acres:was dedicated for the use and benefit of the ~: ..general public. by a map recorded January 27, T981, in Deed Book 1180, Page 1109, New -. Hanover County Registry. • ~ 5 ~ : s Names, si natures, address & hone numbers of ro ert" owners adjoining Gordon Acres Road. g P P P Y 3 October , 1996 ~ ~~ • . r~; . ~ " " • We, the undersigned property owner(s) residing at hereby agree and consent to •New Hanover County undertaking improvements of Gordon Acres Drive such that the street will then meet NCDOT acceptance standards. We understand that as property owners adjoining Gordon Acres Drive, we must bear all costs and expenses~incurred. in • ~~~ . improving the street. Said costs are reasonably estimated to by per lineal foot of roadfrontage. ~ .. " ~ . We acknowledge that the costs must be paid by us as special assessments, due, payable, and collectable like other property taxes, over a period of years, together with an administrative fee of . This the day of , 1996. Property Owner Property Owner (SEAL) (SEAL) 4 PERTY OWNERS ALONG GORDON ACRES ROAD ith preliminary assessment amounts*) 26 James & Lynn Rabon - 51862.00 (at 110% -52,048:20) .1 Fred & Doris Whitman - 511,172.01 (at 110%-512,289.21) 2 Teresa Cronin - 51,917.86 (at 110%-52,109.65) `W'3~i7 _ .3 Michael Devries - 83,742.62 (at 110%-54,116.88) ~~~ ?6.4 Linda Howard - 84,021.92 (at 110%-54,424.11) 5 Linda Eason - 511,559.30 (at 110%-812,715.23) ~ O 3 ~.~ 6 James Rabon - 82,140.01.{at 110%-52,354.01) ~ ~• ~. 3 cti . .7 Raymond & Peggy Ward- 82,420.60 (at 110%-52,662.66) Zlo .6.8 Lonnie & Mona Mclaughlin -.81,862.00 (at 110%-52,048.20) ~ S~~,~ ~ •9~- ^. 9 Ronald. & Sadie Holt - 55,437.D4 (at 110,•-55,980.74) ~ 10 Robert & Addie Peterson - S4,599.14a(at 110%-55,059.05) v:'o.Jo', ,~~ 11 Michael Devries 83,332.98 (at 110A-53,666.28) ~, r !~~ ~ ~ '5.12 Irene Mckeithan - 51,862.00 (at 110%-82,048.20). , r•. ~ 1 ~ 13 Dean Kempton - 84,803.96 (at 110%-85,284.36) ~ ' ~ [8 1°' t•3 ` ~14 Robert McGee - 81,862.00 (at 110%-52,048.20) ° a 2L.3 15 William Turner -.83,724.00 (at 110%-54,096.40) ? u.~ \~ ~'~ qZ I1.4,y 6.16 Frank Combetto - 8.1,862.00 (at 110x-82,048.20) ~ ~~~'' ~ L1..tl w IS ~ R 17 Marie Sneeden - 81,862.00 (at 110A-52,048.20) ~ •~ '~ ILA 18 Emmy Hewlett - 31,862.00 (at 1.10%-82,048.20) ~ ~.~ `b v .19 Louis Evans -'$!,117.20 (at 110%-81,228.92) y ~•''' :5.20 Lonnie & Mona Mclaugh]in - 82,048.20 (at 110b-52,253.02) ~0z 3~~'~lu. 21 Shirley Norris - 51,992.34 (at 110%-82,191.57) ~ ~'~!'~ c~ ~~ ZL.'Lb~ .° v 22 Ralph & Julia Cai,aniello - 51,862.00 (at 110%-52,048.20) ~ F i:Llti, .0.23 Donald Jones - 81,862.00 (at 110%-52,048.20) a Z.Z ~ ~ya ~ `'~ x:25 Barbara Coyne - 51,862.00 (at 110%-52,048.20) ~ .Z3 ~";,~ 2,~.c7 ~ ~ ~7 James Kennedy - 83,724.00 (at 110%-54,096.40) ~ ~~ f'` ~` Z,.{g,~ 8 Elizabeth Kempton - 52,979.20 (at 110%-53,277.12)' ~, ~1-- `t 2.z.i ~ .p a . z7 ~ 27 2 g ~.s • ~ ~1.~ al.. 1'~ ~ Pz~' 2 8. 8 9 AC ' ~ ~G ~ .. . -r ''a ~ *Thi s i s an estimated ~,,~ ~ ~ ~ ~ assessment value and is -~ ,,~` . .subject to change. w•~S ~ 1, ; ,~ ~ ~ ~ ,~ .1r.z,y` f t~(,.i L ' V' ^~ 22!1( G73•s7~ - -- ~ ,f - .~ 2 9 I ,~ •> 11.87 Ac .~;• .~ - z.a `~ :; : % ~. • titi c ~JO 7a ,~ p `~~ v ~ ,~ c ' ~ .,g w Asa, ~ 5.6 0 ~ I .49 A X50 •~~+ ~ „ • /' Gordon Acres Road ~' ~3a as shcwn on Tax Map No. 43 N.H.C.) 5 . ~ Scale 1" 400' 8-23-96 %~ ESTIMATED ASSESSED PAVING COST PER ROAD FRONT r 1 REQUEST FOR BOARD ACTION Meeting Date: 11/04/96 Regular-Item #: 2 Consent Item #: Additional Item #: Department: Fire Services Presenter: P. Kouwe Page Count in Agenda Package: 13 Contact: P. Kouwe SUBJECT: - Provision of fire protection services in the 421 .industrial corridor. ' BRIEF SUMMARY: - - ~ - - ~ ~ - _ This item is a proposal for the establishment of acounty-operated fire department to provide fire protection services to the industrial, corridor along US 421. The area is not currently served with direct. or contractual fire protection. This proposal is the result of several previous~consultant studies. The funds for the project were'`included in the current budget and it has received approval and recommendation of the Fire Commission.- The department will utilize a facility owned by Hoescht-Celanese .under a no-cost lease agreement and will consist of ten full-time county employees as well as trained volunteers: It will require the purchase of two additional pieces of fire apparatus along with~all necessary equipment and supplies. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of the project as proposed. Request authorization to proceed with contract preparation for station lease with Hoescht-Celanese. Request authorization to proceed with bid preparation for station construction and equipment purchase. .N U[VllllV(r ~V UK(:r:: Federal S: State S: County S: 896,775 User Fees S: Other S: Money Is In Current Budget: yes - New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~ - ' LGL: FIN: N/A BSHELL -BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOIyIMENDATIONS• - Thee Fire Commission approved the attached proposal on October 23rd and recommends your adoption of the plan and proceeding with establishment of the proposal immediately.. This matter has been studied and considered in one form or another for quite some time. I recommend approval with an immediate implementation. COUNTY COM.MIS$# APPROVED Ll . ~ - 'REJECTEQ CT REMOVES . Q .; . Rcfer to Office Vision Bulletin Board for Disposition POSTPC1NEDt~ pq~E u ~ _ Rb .: . .......... ...... .w. ~,.. ~ ,_... ev,eu~ ~ Z tai ~Pe~ _ ~+? 1 Coxri.ci.or ~xre ~roteCtxon ~ropoSal. _ _ Department o~ Fire services Administration- New Hanover County ~ `~ - . ~ ` - •,. situation summary: ~ , ~ ~ -. = - There exists within New Hanover County a section of developed territory currently not - ~;.F.~, provided. with fire protection services through either direct provision or third-party contract. It: ,~ • encompasses the entire,land area between the Cape Eear and the Northeast: Cape Fear. Rivers from _ the Pender County line southward to the confluence of the,two rivers and; continuing on • .. . .southward to include all the properties along Battleship. Drive. With the exception of conservation Y lands, the. entire area .has. been zoned for commercial and,heavy industry with, the Flemington . -..•community being the sole single-family residential neighborhood remaining. Sixteen major .. _ . . industrial and .manufacturing facilities arid. 59 other commercial businesses are scattered, along . both sides of US 421. The appraised improved and personal property values of many of these businesses and industries, together with the residential properties in the district, are in excess of 5192,000,000 not including CP&L's Sutton Electric Plant and NHC's WASTEC. Fire protection was previously.provided by.the,North~ Wilmington Volunteer Fire Department through. contractual agreement. New Hanover County terminated their. contract with ~~ the department in~January of 1992.-The members ~tiave since disbanded and departmental . equipment disbursed. Access to the'area is limited due to the unique natural features of the river confluence, malting service from adjoining fire districts difficult. No further direct fire protection has been provided to the area since that time. Most business and residential insurance providers have now issued- a class 10 (unprotected) rating to the area and insurance rates and availability currently reflect, this status. - Organization And Structure: - - - The proposed fire service delivery system for the 421 corridor will be called the New Hanover County Fire Department and will essentially become the uniformed suppression division of the existing Fire' Services Administration. As such, it will fall completely under the umbrella of county government and will not require contractual negotiation, The Fire Services Administrator will, for legal definition; also fill the role of Fire Chief. The department-will-operate directly within the, values, vision, goals, and_p.olicies of cou`nty..government. A program budget for the operation of this division will be established within the Fire Services Administration's current departmental budget. It is intended that thisdeparfinent~will; in coordmatiori with the Fire Marshal's Division as the~code enforcement arm, operate in compliance with all~requiremerits of the National Fire` Protection Association's "Standard for Developing-Fire Protection Services for the Public"(NFPA'1201'). ,. . - :. :., ~The~New~rHa>nover County Fire Department will participate with and support.the-functions' ~o~~~li~'t ~+A ~ U ~d~~wd ~f the ex~strngI~Te~w~ Ha ~oye~r County Fire Commission. Whenever possible,. the department will ~~'~~~~ ',~ ~~f 4,~-r~: ` ';~' ti: t. operate within any county-wide policies and procedures adopted by the Commission. Annual operating budgets will be submitted for review by the Fire Commission, and as a county department final budget. approva} will take place within the standards and policies set forth by the :County Commission, Finance Department, and County Manager. The New Hanover County Fire Department will be established as a "combination" fire department by classification. This means that it will utilize both paid and volunteer firefighters working together in an integrated system to provide the criteria of rapid and immediate response to mitigate small emergencies as well as a reasonably sized manpower pool for significant events. ' The cost-effectiveness of such a system, when managed properly, is obvious. and historically proven. Taking advantage of the inception of the department, an organizational culture will be instilled and groomed in which such a system can thrive and the customer's needs are, the top priority. Professionalism in value, word and deed will be facilitated at every .opportunity with ; aggressive training and career. development provided for both paid and volunteer members. . , . Structured disciplinary. and management systems will be established and maintained through a single standard Policy And Procedure Manual designedwith all firefighters in mind. The department's management team will consist of both paid and volunteer officers, assuring the involvement of all those affected by policy decisions. Day to day management will be provided by career officers. who will be empowered to handle routine administration with the assistance and support of volunteer officers as appropriate. The organizational structure will include a Station ' Captain, working typical office hours and overseeing general department operations, and a Lieutenant directly supervising personnel on each of three rotating 24 hour shifts. ,Since no department can .operate in every situation without the occasional assistance of others, formal mutual aid agreements will be sought with all neighboring jurisdictions, including - the City of Wilmington, wherein resources .may be shared in times of emergency. A formal organizational chart is attached as appendix A.. _ ~ .. ~ '- ~acilities• - ~ a - .The building previously used to house the North Wilmington Fire Department is currently owned and maintained by the Hoechst Celanese Corporation, whose corporate management has expressed continuing interest in assisting the.fire service project by providing the building to the ' county for use as a fire, station. Thus, along-term "no cost" lease agreement will be negotiated with Hoechst Celanese through the cooperation of the county's-legal counsel saving the county the expense of building a completely new facility from.scratch. The building,.in cooperation with County Project Engineer George Shaw, has been briefly examined by both an architect and a structural engineer familiar with pre-fabricated steel construction. It is agreed that the building shell is in sound structural condition at this time. However, some interior modifications were apparently completed without a design professions{ .and are not fully code compliant. Although perhaps satisfactory for use as a totally volunteer station, the building's current interior design is inadequate for staffing by career personnel working 24 hour shifts. Considering the unauthorized modifications and the change in general use and character, the building interior will need to be completely renovated. The new space layout will provide for sleeping quarters, a full kitchen, living areas, proper restrooms and showers, and a station office. The renovation will be conducted under the direction of a design professional and a qualified construction contract through the course of the county's. normal bid .procedure for capital-construction projects. The station will also be equipped. with an automatic generator sufficient to provide .,necessary electrical ,power„for extended periods of power outage, a carbon monoxide removal. system meeting the latest OSHA environmental standards for buildings with residential housing, and a breathing apparatus tankref Iling station.:.-; .,. ,. ~..: - ~ -' .E~PParatus j. .. _ ~ j , . ` `~~Considering that the station will be-the only public safety facility in the area, the~fire department can provide a valuable service to' the community by ultimately responding to~ all types of emergencies within its jurisdiction:' These emergencies can~include~fire; rescue; and'emergency medical incidents.` The fire station. will- operate three pieces of apparatus designed. to handle+th'e • vast majority of these typical emergency=calls: - ~ °.` = ~ •: ~ ' ' ~ P ' :.. •-' ~ . `~ `~ ~ ~ . • A' fully-equipped pumper will provide primary'' f re protection for structural,"vehicle; and substance~fires. A temporary purnperis currently~awailable through a contractual agreement with Ivlyrtle Grove Volurifeer Fire Department as -part of the purchase of the. county's new aerial~:'.:• apparatus:to be stationed there. The .1978- Grurriman'~Howe is• a 1,000 gallon per minute pumper 'with a• 750 gallon water tank on ari International chassis: It ~is capable' of carrying a full ~•' compliment~of ladders and supply hose and two`firefighters: The vehicle will require some ~~ modification and' refilrbi'shment; but s~~substantially a`sound°Cruck capable of prgviding~immediate service. `Since'the vehicle is an older truck and can~only carry two firefighters, if is recommended that a plan to replace the pumper--within three years be considered'. The~existing pumper could then be util''ized as -a 'county=wide reserve pumper. ' ~ ~ ` ~ ~ : ~ `-`~ ••• - - ; ~~ A tanker truck will provide additional water supply foi"firefighting in the range ~of 1500 to {~ .1000 gallons. It will also carry additional firefighting ecjuipment for handling major structural U responses and portable "dump"tanks~for establishing'tanker shuttles. The vehicle will be purchased new through normal county bid procedures. However, specifications will be written in general performance style and bidders will be encouraged to submit manufacturer "demo" vehicles U available for immediate delivery. Such vehicles usually provide significant cost savings over custom specification. The~cost'of this new vehicle will,b,e spread out,over a fouryear:lease- ~ purchase program. ~ ,: _ ,. ~ . . ~,. • A specialty vehicle; known as a QRV {Quick-Response •Vehicle); will be-purchased fora variety of, uses. The vehicle. will be_designed to handle wildland fire .responses,- low-volume~foam application; emergency medical.first-responder calls;.dehicle ext'rication;and rescue, aswell' as routine administrative transportation for fire inspections and training. The vehicle will carry a small. amount,of water,. foam, and rescue supplies.. This vehicle•wili' also: be purchased new through bid and will also be encouraged for "demo"_~6ids. It will again tie financed through a four year lease-purchase program. .. ... . t :. . ,_ , Personnel ' .. ~ a .._ . _ _ " Three~classesoffirefighters will utilized witliiri the system. They include full=fime'career, part-time°paid, and"volunteer personnel. Job descriptions and minimum standards will be~~~ established for each department position iri advance ofte"sting. Each frefighter will 6e selected '~t r~ugh a competitive selection process including•a four stage~assessment. The process, which .. _ ,~ r~ will be conducted and designed in coopeFration with the county's Human Resources Department, will include physical agility, psychological prof ling, job-relevant skill testing, and oral interviews. The process will ensure that the most competent and skilled personnel are chosen for each position, whether paid or volunteer. The selection process for officers wilt include similar assessment centers and such processes will be applied to volunteer, officer selections as well. No volunteer elections will take -place as this is not an adequate measure of competency. The officer selection process will ensure - that all officers, whether paid or volunteer, meet the same stringent standards of performance and. ability. .. .. _.. .. -; Paid personnel hired for the department will be required, in advance,. to possess • ~ • appropriate certifications for their respective positions: However, upon hiring, each will be placed. in a "recruit class" designed to review their skills and develop common practices and procedures as well as familiarizing them with`the area,.equipment, and apparatus. Volunteers without previous experience will be provided basic firefighting certification classes. Ongoing training will be provided by in-house certified instructors already present in the department. Further career development programs will be made available to paid and volunteer personnel including -~ • .conferences and workshops, state fire colleges, and the National Fire Academy. Full-time career personnel will include the following: . *One station Captain working primarily normal office hours conducting day-to-day administrative and support functions *Three station Lieutenants, each working one of three rotating 24 hour duty shifts conducting primary supervision of emergency operations and crews *Six firefighters, with two at a time working 24 hour rotating duty shifts Part-time paid personnel will be hourly-wage employees, typically career firefighters off- .duty from other departments, working occasional shifts filling a schedule of one person each day from S:OOarn to 6:OOpm for a total of 50 man-hours per week. These firefighters will supplement ~` career personnel during.daytime hours when availability of volunteers is reduced. Volunteer firefighters will be available to respond on-call or to perform regular station duty alongside career staff, participating in training, inspections, and community service efforts. ~, Efforts will be made to schedule a minimum of two volunteers for station duty at night and on weekends. This personnel system will result in a typical manpower status of five persons on duty during. weekdays when activity is highest and four to five persons on nights and weekends through utilization of volunteer firefighters. Additionally, current certified personnel in the Fire Services. Administration such as the Administrator (Chief), Fire Marshal, and Deputy Fire Marshals, will train with the station crews to assist in daytime emergencies and on call as needed. Conclusion ~incl Implementation Attached as appendix B you will find a copy of the proposed budget for start-up costs, primarily reflecting capital purchases & construction projects as well as an annual operating budget for the first. year of operation. It should be noted that the actual expenditures during~~ `~ fiscal year can be basically prorated. by the period of time the department is in actual. operation, depending on start-up. However, the budget should closely reflect actual annual cost for subsequent .years minus ahe lease-purchase payrnents~associated with the apparatus purchases. The current county budget was approved with a line item,ap,propriation•(130-433-43.40- 300-6300) of $1;750,580 for fire service~improvements along with an additional line item (130- 433=4340-5608) of $100,000 for "North Wilmington" operations. As can be seen from our:. ~} recommended budgets; this is more than adequate.to implement this proposal: The annual - U operating budget is equivalent to approximately one penny.of fire service district:tax with the, current tax base. Upon approval, a definitive time-line may be established, but it is likely that bid specification and- construction can take place concurrently. with selection, appointment, and training of personnel. This may allow an actual: operating start-up' of. the facility as early: as the = fiist quarter of 1997.:' - . °-•. :. ~ ~ ~_~:: :: . ~.. .~ ~b_,•.. _, .t ••~- Although every possible question cannot. be anticipated,. this proposal summary is.intended to provide' an overview of a fire protection system which~is reasonable, cost-effective, ~ • professional, and easily within.our.-reach.both.finaricially•and administratively. The fire protection needs of this portion of the county have ~been_ thoroughly examined and re-examined in several consultant reports and. each has provided the same conclusion: there,now exists a signi•fieant need for fire services in the 421 corridor. It is our sincere hope that the proposal you have just read will be the financially responsible'solution that will.-provide outstanding. service to the customer, provide for the long-term interests~of the county, and indicate our dedication to professional fire and emergency services to our corrirriunity. We~respectfully encourage your:approval. 7: • ~{ r ,,. ~. .± ~ I f 12 ~. . _ ~r. .. ` - 42.1 Corrxc~.or ~xre Protection Proposa~ Department o~ Fire Services Administration New Hanover Coun tY 1 1 1 1 1 1 1 i 1 1 1 i 1 1 1 APPENDIX >A ORGANIZATIONAL' CHART 13 O ~ ~' N D ~ ~ ~ A y ~ ~ 5 SL a 1p C ~ -~~ ~ S ry 4 ~ ~ „~ ~ r _ . N W v - I ~ ~ T \ V/ ' • ~ d (7 ~ d m N m n N ~ • ^ ~• ~ ~ ~ a 2 ~ y ~~ ~ ( , ~ ~' a ~ ~ ~~ O V) ~D ~ ? "~ ~~ ~ ~ ~ ~ d ~ N n ~ti ~ • O a N S o ~ ~. 4 ~ ,_, v n ~ ~ - ~~ • < ~ ~, ~~= a C ~ ~ a' v ~ ~' ~ A 3 m (p "' y 40 u j 7 P~' Q s. N. .~ v ~'" O 7 J f ` • ~ • { f p~''} f } O ~ I Lf' p~tt ~ \ y ~ ~ Q Q ?1 ~J Cf a 8 7 a ~ Q ~ 1s ~yC O 5. G G ~ m d 7C C1 ~. o[ lD u~ (/}~f~ w S ', N ~ $ J ~ A R O ~~ ~ o o y m ~ ~~~ g _ ~ ~ n a~ c ~i //~~~ l V ~ Lf ~ ~ a a ~ ~ 1111 14 ~~ ~ ~ ~: ~ ~ °° aR w ~ ~. d c ~ m ._. e• n D a N~ n 0 ~ D ~ ~ ~ ~ d D n 7. C: d ~~ ~ ~ ~~ ~ ~ ~ ~ . ~ R a 0 421 Corrxc~.or Fxre ~ Protection proposa~ Department o~ Fire Services Administration ,_ , New Hanover County ~ . , - ~_ ~ ... ..` APPENDIX B .. - ~ ., .: , ~ .. ~. k . ~.' START-UP BUDGET f FtRST-YEAR OPERATfNG BUDGET PROJECT FUNDING- AVAILABILITY SUMMARY. .. .- 15 421 Fire Protection Start-up Initial Capital Outlay Budget Building and Grounds ~ , ~,-~ Demolition and remodel of living spaces; 1200. sq ft @$65 Generator; 30kw with transfer switch Carbon monoxide removal system SCBA fill station and cascade system Apparatus Pumper (miscellaneous work to existing MGFD pumper) Tanker (1st year; 150,000 on four year lease/purchase) Brush Squad (1st year; 85,000 ori~four year lease/purchase; _ .. .., .. ~ Equipment ~ ~ ' Office furniture-& equipment -. ~ :. t ~-" ;. Living quarters furniture Appliances & kitchen equipment Lawn equipment . Turnout gear & uniforms (25 @1250) Firefighting Equipment (hose, tools, fans, etc.) :; $4,500 $10,000 $3,500 $3,500 $31,250 $75,000 $127,750 TOTAL CAPITAL OUTLAY FOR START-UP ~ ~ $335,950 $78,000 $25, 000 $22,000 $6,000 _ $1.31,000 $10,000 $43,000 $24,200 -; 16 ,~ - 421 Fire Protection Start-up First Year Operating Budget • -. Persoral Services Station Captain • ~ _. Annual salary _ $26,562 , Estimated overtime $1,532 ~ ` FICA , $2,146 Retirement $1.,405 _ Medical; dental $3,137 subtotal $34,782, -. ; Shift Lieutenants Annual salary • ~~ ~ ` " J ~ ~ $24,024 ; . Estimated overtime . $1,412 . ~} FICA Retirement ~ $1,943 " _. $1,272 Medical, dental $3,.137 subtotal for three $95,364 • Career Firefighters _ Annual salary $21,757. Estimated overtime ..$1,278 FICA. _ $1,760 , Retirement $1,152 Medical, dental ~ $3,137 ` • subtotal for six ~, $174,502 Ti Part me Paid Firefi hters 9 50 hours per week at $8.50 $22,100 - FICA __- $1,688 subtotal $23,788 Volunteer Firefighters V.I.P. incentive allowance - - $10,000. Total Personal. Services $338,437 17 Services And Supplies , Services Insurance $15,000 Equipment repairs $5,000 Equipment preventive maintenance $2,200 Travel & training $3,000 - Annual firefighter physicals $3,625 . Subscriptions and dues $125 Video training subscription $1,200 Uniforrri services ' $6,240 ~" Teleph'one~service $1,000` Cellular telephone service $720 Electric' utility ._ .. ,. - $5,000 -~~ Trash collection ~ ` $500 HVAC maintenance $300 Overhead door maintenance $300 Extinguisher maintenance - $300 ~. Paging services $220 Pest control services $160 ` Copier service agreement $300 Ladder testing & certification - - $500 Printing services ~ $500 Supplies Cleaning supplies Paper goods and disposables Fuel & oil for vehicles Repair supplies Fuel for generator ,- Water softener salt `~ Miscellaneous supplies . $500' $1 ,000 $3,000 ,$500.. . - _ $300 ~'' $180 $1,5,00. . r Total Services and Supplies $53,170 Capital Expenditures Capital Outlay Purchases ~ " Included in start-up capital budget $0 Motor Vehicle Purchases ' Included in start-up capital budget $0 Total Capital .Expenditures $0 TOTAL FIRST YEAR OPERATING BUDGET $391,607 18~ 421 Fire Protection .Project Funding Availability Current Fiscal Year Budget Appropriations 13 0-433 -43 40-3 000-63 00 ~_ 130-433-4340-3000-5608 TOTAL Fire Service Improvements .+ ,• $1,750,580 North Wilmington Operations $100.000 $1,850,580 19 ~. ~ '~ ` This page intentionally, .left. blank:. ~ , , . . 20: L. ~,~ v ~ REQUEST FOR BOARD ACTION ~~~~ Meeting Date: 11/06/96 Regular Item #: 3 Consent Item #: Additional Item #: Department: Legal Department ~ 'Presenter: Wanda M. Copley Pa e Count In A enda Packa e: ' 3 Contact: Wanda M. Co le SUBJECT: ..Consideration. of conveyance and transfer of New Hanover County's interest in New Hanover Regional Medical•Center to anon-profit corp. BRIEF SUMMARY: .. ~ .. ~ , Consider resolution. If resolution is adopted, deed "will be executed conveying hospital to anon-profit ~` corporation. ~ ~ - - . .. ~ , -- RECOMMENDED MOTION AND REQUESTED ACTIONS: No recommendation from Staff. FUNDING SOURCE: Federal S: State S: . County S: 0.00 User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud etAmendmentPre ared: REVIEWED BY: LGL: F1N: BUD: HR: C NTY MANA ER' M ENT A ~ C MMENDATI No recommendation. Consider Resolution , Rcfer to Office Vision Bulletin Boazd for Disposition COUNTY COMMISSION APPROVEa REJECTEd d 2 REMt}VE~ Q P~JSTPONF,~ ~ ~ • GATE » 1 t~ ~~I~ Q~ s. - DRAT t .. ._ A RESOLUTION ' OF THE - - NEW HANOVER COUNTY BOARD.OF COMMISSIONERS- . "` AUTHORIZING THE CQNYEYANCE AND TRANSFER OF NEW HANOVER COUNTY'S INTEREST IN . ~.: t ~ . ~ . . NEW HANOVER REGIONAL MEDICAL CENTER TO A , . , .. ; - _ .... NON-PROFIT CORPORATION . - ~. .., WHEREAS, New Hanover County (the "County") a political subdivision of the State of North Carolina entered into a Lease Agreement dated October 1,~ 1993, as amended by a First Amendment to the Lease Agreement dated June 15, 1996 with New Hanover Regional_ Medical ' ~ Center (the =`Corporation"),anon-profit corporation organized.and existing underahe provisions of Chapter SSA of the General Statutes of North Carolina which. operates New Hanover Regional Medical Center (the "Hospital"); and WHEREAS, the New Hanover County Board of Commissioners recognizes the need on the part of the Corporation for greater flexibility in responding to the rapidly changing healthcare environment; and WHEREAS, the Board of County Commissioners recognizes that a transfer of buildings, equipment, and land used and occupied by the Hospital to the Corporation would enhance the Hospital's ability to develop new facilities gridservices ;ori its"own or through joint ventures with other healthcare providers; and WHEREAS, North Carolina General Statute 131E-8 authorizes the County to transfer ownership of a hospital facility to anon-profit corporation such as New Hanover Regional Medical Center; and WHEREAS, said Corporation is legally required. to operate the Hospital as a community general hospital without unlawful discrimination and to provide services to indigent patients; and WHEREAS, said..Corporation is legally required, prior to :the. effective date,of ,the . conveyance, to defease all outstanding revenue bonds issued for the benefit of the Hospital; and WHEREAS, the Board of Commissioners will have.the right to.appont thirteen. (1'3). of they- sixteen (16) Trustees of the Corporation; and WHEREAS, amendments to the Articles of Incorporation and certain By-laws must be " approved by a majority of the Board of Commissioners before said amendments may become effective; and . , - , ~ - . . WHEREAS, the Hospital will automatically revert to the County if the Corporation fails comply with the aforementioned conditions; and ~: _. ~ WHE~REA~S'~~i ~e~Board of Commissioners has provided the public with at least ten (10) days ~~ on October 27~~1`99~6~of its intent to adopt this resolution at its regular meeting on November ~~:~~~ 6, 1996, pursuanttto Section.131E-8(c) of the North Carolina General Statutes; and a~$:~~~~ '~ ~ ' . .. ~~ WHEREAS, the Board of Comriissiohers has'determiried that it is in the best_interests of ,~ ~ New Hanover County and its citizens to convey. and transfer the buildings, equipment, and land used and occupied by the Hospital pursuant to Section 131 E-8 of the General Statutes of North Carolina subject to the conditions set forth above; ._ . NOW, THEREFORE, the Board of Commissioners of New Hanover County hereby resolves that the buildings, equipment and a portion of the land which constitute and are associated with the Hospital be conveyed and transferred to the Corporation without monetary consideration pursuant to and as permitted, by Section 131 E-8 of the General Statutes of North Carolina and authorizes the Board of Trustees of the Corporation to adopt the Articles of Amendment to the Corporation's Articles of Incorporation which shall be attached to the minutes of this meeting as Exhibit A; and : RTHER that the Chairman of the Board of Commissioners and such other RESOLVED, FU , appropriate County officials be authorized and directed to execute a deed in favor of the Corporation in the form of the instrument attached to the minutes of this meeting as Exhibit B; and .. RESOLVED, FURTHER, that the. appropriate County officials be authorized and directed to take such other and further action as might be necessary or desirable for the implementation of this resolution, consistent with Section 131 E-8 of the General Statutes of North Carolina. Adopted this 6th day of November, 1996. New Hanover County Robert G. Greer, Chairman Board of County Commissioners Clerk to the Board 23 NEW HANOVER COUNTY . ~ ~ • . INTER-OFFICE . S'': ~~~ «w4 .,,i,. a.:2tic 4 'fi'r ~ yr :'\ ~ ~ ~ :yr:;s...: SiJ~:: ~ ~::y' •• 'C~~ Ga: ~: v'a'r ..~ MEMO...an..r:..~:::: ~ ~" ~ • . October 23, 1996 t ~.~ . , .. - ~ ` . - , „ ~ OtT 2 ~4~ 1995: - TO: -Wanda Copley, County"Attorney • ~ ~ i ~ -~-s. FM: Bruce T. Shell, Finance Director ~`~ RE ~ ~ Proposed Transfer of New Hariover Regional Medical- Center ,.4 ~ ~' As you requested, I called Jim LaPenn to discuss two items that remained outstanding from Monday's; October 21; 1996, County :Commissioner's meeting.- The two issues related to your memo to the Board'of Commissioners, item 12 of the regular agenda. The issues were: .. Covenant not to Compete: The Corporation shall not compete with any state or county funded mental health facility or` health clinic` located in New Hanover, Brunswick, or Pender County. Payments in Lieu of Taxes for Acquisition of For-Profit Entities: Any for profit. entities acquired by the Corporation that become non-profit entities will make annual payments to the County in the amount of the tapes that would have been paid had the entity remained for-profit. ' Jim Lapenn did not feel ,that. either of these issues was a "Bond Counsel" issue in.that it did not apply to a lawful or restraint of trade issue. He did say that he could see how the Medical .Center would have concerns as these are limitations on its ability to grow. Jim felt a proper assessment should come from a rating agency expert. I discussed these issues with our representative, Ed Krauss, of Moody's Investor Service to get his perspective. He discussed the matter with their hospital expert, Diana Lee, for additional input. Their answer was that they would leave to study the Medical Center in its entirety to determine if an adverse rating would be rendered but stated in and of itself the requirement would not generate an adverse rating. He explained that language of this sort was unusual when moving to anon-profit or 501 (c) status since the purpose was to be more flexible not more stringent. A decisian .of this nature should consider all possible scenarios with the pros and cons fully investigated. cc: Allen O'Neal, County Manager REQUEST FOR BOARD ACTION ,~ Meeting Date: 11/06/96 ' Regular-Item #: 4 Consent Item #: Additional Item #: . Department: County Manager Presenter: Dr. Anne Russell Pa e Count In A enda Packa e: Contact: Allen O'Neal ... ~ -- _ ~~ SUBJECT: Presentation by the Airlie Road: and Wrightsville Sound Association. _ ~ ~ .. BRIEF SUMMARY: The Association wishes to present to the Board their concern regarding water .runoff and the Landfall ~, retention pond and its effect upon Allen's Lane and Airlie Road. Dr. Anne Russell will present excerpts of _. ._ . a video:. .._ . ._ , . ., ~ ~ ~ ` . ' RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ~, Federal $: State S: County S: User Fees S: .Other S: Money Is In Current Budget: New Appropriation Request: Bud etAmendmentPre arcd: IZEVIEWED BY: LGL: FIN: ~ BUD: ~ HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• - I advised Nan Graham that the Board of Commissioners were aware of many of the concerns by this. group _ and others and that steps were being taken to address problems. Both Ms. Graham and Dr. Russell_still expressed strong requests to appear before the Board. No ac ' uired. No recommendations. . COUNTY COMMISSI~ APPROVED t] . REJECTEp ~ ; __ REMt3 1~""~== ~ . ~ Refer to Of(ice vision Bulletin Board for Disposition P®STP~NE~ Q'~ DATE ~ ~~ ..~~~"'' ~~. ~ .Ta - _ -- ~2 ' ~=c-['(-emu- ~ /~ ":~'- - ---_ _~' 1 ~ .- 1 l /~~I ~ , y ~' -- - --- - - ---~ --- - -- ~ r~ ~ - - ~ _ ~.J C~~- ~ - --- ------ - - - - -- ~`- - 6~u -- /-~9.6 Gam- ~~~J~ -~a_c:~-~-d~ ~~~ l~i ~ . _ C~-~-= _. ------- ~~ G~-u-a- .. - - - -- - _ _ .. _ --. - - ~, 1 1 i ~nne ~ussell D~,D 602 Bradley Creek Point Wilmington, N.C. 28403 (910) 256-2387 October 22, 1996 Allen O'Neal, Manager New Hanover Coun y 4th & Chestnut Streets •Wilmington, NC 284Q1 Dear Mr. O'Neal: Please include in your agenda for the next meeting of the county commissioners, °~ to ~be held on Novamber 6, a presentation from the Wrightsville Sound Association on the matter of a~critical need for a county .regulation concerning water runoff. Specifically, the Wrightsville Sound Association will be dealing with the problems with the Landfall retention pond, recently in the news, and with a retention pond at Airlie Place which has ,been pumped and dumped upon Allen's Lane and Airlie Road almost on ~a daily basis. Both situations have caused damage and hazard to property and to people. We would like to show excerpts from a video made by Iocai historian Dr. Anne Russell which demonstrates the Airlie Road problem, and we will make the entire (45 minute) video available to the commissioners should they wish to view it at a later date. Dr. Russell will speak on behalf of the ., .Association, and we would estimate a total of ten minutes for our presentation. The absence of a county regulation controlling water runoff allows property owners and developers to create water damage and hazard. The recent hurricanes (Bertha and Fran) brought to the forefront the drainage problems created by the massive amount of development in the county in recent years. County regulations must be updated to deal with this situation. Thank you for your attention to this matter for the November 6 agenda. ,^ Sincerely, ~' Anne Russell, member Wrightsville Sound Association .~ 28~ REQUEST FOR BOARD ACTION ' Meeting Date: 11/06/96 - ~ Regular Item #: 5 Consent Item #:. Additional Item"#: Department: Health Presenter: Dr. Dennis Jackson, DVM Pa e Courit In A enda Packa e: Contact: Ron Currie SUBJECT• ~`, Second Reading: Revisions to New Hanover County Code Chapter 3 (Animals and Fowl) Two Associated . Fees Proposed ..~:., BRIEF SUMMARY• At the October 9, 1996 Board of Health Meeting the New Hanover County Board of Health approved the following; I. Additions and/or revisions to New Hanover County Code Chapter 3 (Animals.and Fowl): a) Sec. 3-17. Revisions reducing the holding period of strays from five business days to three business days as required by North Carolina State Law. This revision will reduce current'medical costs. b) Seca 3-27. ~, Revision requiring dog owners to pay an "appellant fee" if they decide to appeal a~dangerous/potential ly dangerous dog ruling. c) Addition requiring pet owners to secure a "breeding permit." II: Approval of Fees Associated with above revisions ib) Dangerous Dogs Fees-Appeals (Present $0) Proposed $25.00 I c) ~" Breeders Permit Fees -cats/dogs (Present $0) Proposed $10.00 1 1 1 1 i 1 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve additions and/or revisions to New Hanover County Code. Chapter 3 (Animals and Fowl) and adopt the two new fees associated with Dangerous Dog Appeals and Cats/Dogs Breeders Permit FUNDING .SOURCE: Federal S: State S: County 5: User Fees $: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared• REVIEWED BY: LGL: FIN: BUD: HR: Recommend ap t ~~ COUMY COMMt~I Etd~ 2.~-~Re~%~c APPROVED C~ . REJECTED O r REMOVED D ~ 9 POSTPONED Q! ~ ~; OATS Refer to Office Vision Bulletin Board for Disposition .. - D RAF"I' ~~ • _ ._ . SE1?T. ~9, 1996 ' ~ NEW HANOVER ,COUNTY CODE Ct•iAPTER 3 (.ANIMAL AND FOWL) ~ ~~~. .~. •. ~~ ~ ~ ~ `~ ~..1.'. Present Reading 1?roposcd Reading ~ Justification Scc. 3-17. Scc.3-17. ~ To help reduce medic~.1 Rcdcmption procedure for Rcdcmption procedure for cost of keeping injured o ~. impounded animals: impounded animals. ~. disca'scd animals. ' .; (a) When ~ an ;z.(a). - Wbcn - an.~ ~ . .. animaC'` ~~ has been' animal ~ ~ has been - ' ~ _ . . _. impounded at animal ~ ~x impounded atanimal - • {~ . control, notice ' thereof ,'" control, notice thereof ~ -~ ~ - LJ shall be given .,to the _ shall be given to the ~ • owner; or if the owner is ~ owncr;.or if the owner is . unl;.no~vn, then the notice unknown, then `notice shalt be posted for five (~) shall be posted for ihrcc business days, or .until (3) business days, or if the ' disposal of the animal., ~ animal has a valid county -: ~~ The notice shall be posted license/rabies vaccination - t: on the animal's pen at tag it shall be posted for animal control and shall five (S) business da}'s, or indicate the time and until 'disposal of the ~ lace of ta1•'n = aid p ~ ~ s animal. he notice shall T ~ animal and the time and be posted on the animal's date of posting tlic notice. pen at animal control and The time for rcdcmption shall indicate the time and of the animal as hcrcin ~ pl~cc of takinb said ~ ~ - ~ , provided shall not begin to animal and the. time and • ~ U run until such notice has ~ date of posting the notice. been given .or posted... The time for rcdcmption of the animal as hcrcin ~ _ _ _ _ _ provided shall not begin to run until such notice has 4 been given or'postcd. -~~ ~ ~ - - ~ . ~ ,. . ~~: z f _ DRAFT - SEPT. 19, 1996 a NEW HANOVER .COUNTY CODE CHAPTER _3 (ANIMAL AI`1D FOWL) r Present Reading ~ ~ ~ Proposed Reading Justification ~~ Sec. 3-27. Procedure. New Hanover County hereby designates the Chairman of the New Hanover County Animal 1 Control Advisory Committee and one other committee member to be ,. responsible for determining when a dog is a "dangerous dog" or "potentially dangerous dog" .and designates the New Hanover County ~~ Board of Health or its designee as the Appellate '~ Board to hear any appeal. - If the dog has bcrn declared "dangerous" by .~ .the hvo there arc no appeal rights. However, if there is a split decision; ~, the animal control director twill make the ~` final determination and the owner has the right of appeal Oncc the decision has been made, the otivncr must: 1) Provide animal control with a current ~~address whcrc the dog will be housed; 2) Notify znimal control within 48 ,..hours of any change in address of the owner or ~thc dangerous dog; Scc.3-27. Procedure. The New Hanover County ~ ` Board- of ' Health will ~'- appoint hvo people who will be responsible for determining when a dog is • a "dangerous" ~ or . "potentially dangerous dog". If the dog has been declared "dangerous" by the hvo there is no appeal However, if there is a split decision, the chairman of the Board of Hcaltli or.his designee will make the ,final , determination and . the owner has the right of appeal. Once either decision has been made,. fhc . owner must: . 1) Provide animal control with. a current address whcrc the dog Swill be housed; 2) Notify animal control within 48 hours of any change in. address of the owner or the dangerous dog; 3) Follow all state laws and county ordinances dealing with dangcro.us or potentially dangerous dogs until all :appeals have been exhausted and a final decision rendered or no appeal. is requested and the decision is final .. r A fcc must be paid to . appeal a "dangerous dog"' or "potcntia~lly dangerous dog" ruling.. \. 1 ._..: _. ~.~J DRAFT ~ ~:~~~;: • SEPT. 19, 1996 `'~'~ NEW HANOVER COUNTY CODE CHAPTER • 3 (ANIMAL AND FOWL) ~ .~:=. _ , . , . :~I I~. .' ! 1•: Present Reading Proposed Reading . u Justification ~ • - ','1 I :.1 ~ Scc:3-27. cont. , 3) Follow all state laws and county ordinances , dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision has been rendered. The Chairman of Ncfv Hanover County Animal Control Advisory Gommittcc, when malting the dctcrmination that a dog is a "dangerous dog" or a "potentially dangerous dog," must notify the owner in writing, giving the reasons for the dctcrmination, before the dog may be considered dangerous or potentially dan~crous under this article. The owner may appeal the dctcrmination of a dangerous dog that is detcrmincd by the Chairman of the Animal Control Advisory Gommittcc, committee member and the animal control director, or if the dog is detcrmincd to be potentially dangerous by ling written objections ~ith the appcllatc board Scc. 3-27., cont. , , The committca, when malting the dctcrmination ; . • that a dog is a "dangerous , • dog" or a .~"potentially danger-ous , -dog" - ;must:,. ; notify the owner. , in writing,•giving the reasons. for the • dctcrmination, before the aob may bc' • considered dangerous or • potentially •darigcro,us under this articlc:• , The owner tray - appeal'the dctcrmination of a dangcrouus dog that is declared.. by a split . decision of the committee, , and `the chairman ~ 'of ~ .' Board of :.Hcalth• or his designee . The otivner of a `~ potentially dangerous dog • has t-hc •right o:f appeal. - rcgardless of how'dccision rendered. Notice • of~ appcaI~ is.by filing,writtcn objections ~. with ~.- the - appcllatc board' -within three business .days' after • receiving written• notice` ~~ together • with , such appellant's filinb fees as may be established by the New -Hanover County • Board ~of Health. ~. The - appellatc: board shall schedule a hearing. within ten business days of t}ic 3 ~2 - '~ r ~i ~I ~,,:L.. ,.~. ~,x~." ' ~;: ' :,r . ' ~, ,~:.: DRAFT _ " SEPT. 1.9, 1996 . i, "`` NEW HANOVER COUNTY CODE CHAPTER 3 (ANIMAL AND FOWL) t.-.~ ~; ':: Present Reading Proposed Reading Justification ~ - Scc.3-Z7. cont. ~` . within three days. The ~ ;; .~,, uppcllatc board shall ~~ ?:,~ " schedule a hearing within ten days of the filing of ~ ~ ~ the appeal. Until the ~ ... appeal is final, the dog "` must be controlled. and ~ ~z,. confined pursuant to the - ± rulings from which the }, _ = : appeal was taken. ".Any ~~;: k."•' .. ~ sppcal from the final ~#` ~~` ~' decisio^ of such appellate -~ board shall be taken to ~~ ~7~ ~' ~ the superior court by yti:,~. ~ :. " filing ^oticc of appeal ~ ~: 5':;~- - and a petition Cor rcvie}v ~;. ~,-~:~ within ten days of the i"~~ final~dccision of the ~:'' ~ appcllatc board. ".r~ ~, , Appeals from - `~ ruling of the appcllatc ~`~- board shall be licard in 1.:i ''`- superior court. The appeal shall be heard as a L-r. rcvicw of the record and not do novo before a superior court judge sitting in Nc~v Hanover County. ~.. :~ . t>> ~: " Sec- 3-27. cant. - filing of the. appeal.. Until ~. _ the appeal is final, thc~~ : , , -. dog must be controlled and confined pursuant to ruling from which the 'r appeal was taken. Any appeal from the final decision of such appcllatc board shall be taken to superior court by filing notice of appeal and a petition for review within ten business days from the final decision of the appcllatc board. Appeals from ruling of the aplicllate board shall be heard in superior court. The appeal shall be heard as a rcvicw of the record and - not. do novo before a superior court judge sitting in New Hanover County. .33 E' REQUEST FOR BOARD ACTION . Meeting Date: 11/Q6/96, . a Regular Item #: A Consent Item #: Additional Item #: Department: Planning Presenter: D: Hayes 'Pa e Count In A enda Packa e: 5 Contact: Pete Ave SUBJECT• ~ .. Special Use Permit (S-399, 10/96) ~.' RIEF MMARY: B SU Request by Susan Humphrey fo `establish an in-home child day care service for up to 12 children in an p existing residence at 310 Windemere Road.. The property is zoned R-15 Residential. . - _ ~~ . !!f . ~~ E MMEND D 1 TI N AND R E TED A TI N The Planning Board recommends approval. ,, FUNDING SOURCE:. - . ~, Federal S: State S: County S: User Fees S: Other S': . Money Is In Current Budget: lYew Appropriation Request: Bud et Amendment Pre ared: ~.~ . . REVIEWED BY:. LGL: ~ FIN:. BUD: HR: ;~` ~. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: `~ ~~ BOUNTY COMMtSS APPROVED REJECTED D 3 5 ~` ~ REMOVED d POSTPONEfl Ci , Refer to Office Vision Bulletin Board for Disposition . DATE ~~ ~ ~ . .. ___~, , . r ._...~ .._..~._.._. ...... .. ... _. l._ • "n Item A S-399, 10/96: In-home Child 'Day Care at 310 Windemere Road Applicant: Susan Humphrey ~~ - ~: _ Planning Board Summary - ;-,.; ; ; The Board voted unanimously to recommend approval of the petition as submitted. There was~no oppostion from the general public and the Board did not raise any substantive concerns. with thee; applicant's proposal. _ 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 community water and County sewer. B. The site has direct access to a public street. C. The site is located in the Seagate VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Child day care is permitted by special use permit in the R-15 District. The site is zoned R-15. B. A fenced play area will be located to the rear of the, existing.dwelling. .. C. No outside signage is proposed. ~ ~ _ D. Adequate area is available to provide-for off street parking. ~ ~ ~ ~` E. Pick-ups and drop-offs can be made without backing into the street. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The County has approved numerous in-home child day care services in neighborhoods throughout the County, including Windemere.~ No evidence has been submitted suggesting that these uses diminish property values. ~ . , - . • B. The character of the area should remain the same.- ~~ - -- ~ -- - - - - ..~ . ~ . 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 fo,be . ., - -- located and in general conformity with plan of development for New Hanover County: A. A combination family room child day care room will be added to the rear of the existing house. It will not be visible from the street.° ,.~ ~ '`' B. -The number of chldren will be limited to 1=2.- - ~- - - - - = .._ ~.,mrr~ x~~ A LR 36 ~~~ ~~~~>~ ~~~~ { ~' t • What `y'ou Must.Establ~sh~ For~.A. . . '•..Specia.Z~UsePermxt .: , • 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 thevse requested by the~applicant: Under ..' ', each requirement, the applicant should. explain, with reference to attached plans, where'applicable, how the P P W . ( P. 8 ry) . .. .. . . ro osed use satisfies these r urremcnts: Attach additional a es if necessa ' ' General.Rcquirement•#1 - •.~~ ~ ~ ~ .. -• •. • ~ ~ . ~' ~ The Board must find "that the use will not materially endanger the public health or safety if located where pro- ' •. posed and developed according to the:plan as submitted and approved:•'.~, ~~•:; ~'. •.:•' • .~: ~ _ Statement by Applicant: - :. '• ,•. . , • .. • . _ • . • • _ _ k~hvme~z.~ec~es.~r~eia~li~~6~~r~~~(~..e__ ~~ _-~o~._: mo~C'. ccl~el ~•r~1~ ~o~. /,2 • ch~:l~~e%):_ _T~rz.~'~-'i~~_~'~ocJ_' no_si~n~~c~'Q2 _' .. ~~ ..' Seer.---._._._.---- ~ - ----•--=. " ; s General'Requirement #2 - .., , • The Board must find "that the use'meeis all required. conditions acid specifications" of the Zoning Ordinance.'.' ' ~;• •. Sla[ement byApplicanl:. • ' ~ •' : • ' ' ^' ' • ~ ' •' " ,~, • • `u~P~. hnme,~~f`~ _ ~e.e~ss~.l.l~ --E-I-,e~ ~P ~cE~ . . .ulreme~~;~-V`ti.l>? _me~~c~J_l.-~};P ' ~p~~~~ic~ ~.ic~me~.s~~ . ~: e~~~u~P ~0~•~'1~1.C~-~~:-~ .1-,nrnP ~1~~(s...f1.rP `• ~~• ~ tc~C1~P ; General Requirement #3 ••: • ~ ,' ~ . ' The Board must find."that the use.will not substantially injure the value~of adjoining oc.abutting property or that . the use is•a public necessity:" S!alemen! by Applrcan! • • ~ • •: - • . -~ ~.-beec~~-~o~:t~~.e~ osr_ fan ~ : ~o_~:R.~oblems . , ~~ ~ a ~ • n ~- hnrY1E' f _CU~~Ch~~C'ACP~CYIQ.~S-~~i1~llIlllS . " ~~ General Requirement #4 '` 'The Board must find "that the location and character of the use if developed•according to the plan, as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan ~ ' .. ,~. •:: of development for New Hanover County." ~ ~ :. • •. _ ,:. . ' ~ Slalemen! by App/icanl:. `' ll .., . • . 1 . ;• ., , .. , .. .. ..: ::. - _ [~c1T~bn~ D t~(1 ~I ~P o~ ~LCI"1P 1~ `lrl: ~C21~O.Q~-Ls?i't~, '. ~`'; . ~,~a - ~P(~7'~f1- _g~1,~2}~_ci~r-rno.~~~Gnr~ •i~ 'In ~g~~ . • . _ode_v_e1q~.e~~~4.rec~U~~ba~T.~as~n • • ~ • ~ ...: .: . The Zon~ng,Ordinance in some instances, also imposes additional s ecific•re• .uirements•on the use requested b ' ~',• P 9 Y the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each ~ ' ~'. specific requirement found. in section 72__, (as applicable): HeyShe 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- , rt., • sinners may impose additional conditions and restrictions that they ~deem`appropriate prior to the issuing of the Special Use Permit: ." ' ' ., ... '• .: .. ' I certify that all of the information presented in this application•is accurate.to the best of my knowledge, informs- ~ . `, lion, and belief. .. - ~ .. .' " ~ - ~ Signature of Applicant n or 0 er , , - ' ,,..,..._ .._,_,....r~.~_ _.,...... PFT1TlON SUMMARY SHEET .. , . 5-39.9, .10/96 ~. _ ; Petition Number: ... ~~ , ' ... .. Paul & Susan Hum hre Same - Owner: p y ~.` RepreJentati~e:' Request. In Homed Day .Care -.:. :. '.i.. Acr'eage:~ ~- : 4~ . . - -}, j' Taz ID Number: 5015 ,;., Location• • 310 .Windemere Road __. _ . ... - _. _.._ - ___.._ _ . _ _. V, LAND~USE, ZONING, UTiL'ITIE~S and SERVICES ~ ~ • ~ • . ,. ~~ ~ ~~ .. .. Urban .Transition.: (Develo'ped) ' • Land Classification: ~ ~ - - . _~. .,. , ~- -.. . - ~ ~ Res~id.ential ,. .., Existing Land Use: ~ _ _ -~. ZOnin Histo Area originally zone~y •1 , 1 977 g ~'= • ~ ` Community . _: .. _- ` 'County _.._ . . ~ Watcr Typ~c: Scwer Type- .. _ W. Fire District: Seagate VFD ~ gccresition: Coll;e,ge~ P,ark_ :,,, Road Acccss: «• baindemere Rd. volume: Unknown College Park ~ ~~'' School District: _ _ - ,. ~ . _ ,, ., . • _, •~ .. MISCELLANEOUS PHYSICAL C,MARACTERISTICS_ . _ : , Bradley Creek C(Sw) Watershed andWater Quality Classification• Primary Aquifer ~2echarge Area: Conservation Resources: ~- ~ None ~ ~ ~ • Historic Landmarks and Archcologica.l Sites: NonA .. -, "' N A Site is `develo ed ~ ~ - •~ Soil Type(s) and Class: / p . 38 Septic Tank Suitability: .N/A County sewer Prime Agricultural Soils: None ' Building Suitability: ~_ N/A Site is developed _ tX'XXXXXXxx:XxXX..Y,~C:\X \.~.C~ ~ ~ ~ , cJ-t 0 1 _. ~' ~~ ~ u L ~J ~J ~) o~~ . 6- > ~~ ~ ~~ J .. ~ - i This page intentionally left blank _.._~~ __ _ ~ _ _ _ -. ~~, .. .~ _ - ~e =~ _ _~ ~_ / '~- ., ~ 1~ ~ ~i " /~\ RE VEST FOR BOARD ACTION Q " Meeting Date: 11/06/96 ~- Regular Item #: B Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda.Packa e: 5 Contact: Pete Ave s ,~y SUBJECT: : " " Special _Use Permit (S=400, 10/96) . '~` BRIEF SUMMARY: • " .Request by Carolyn Freeman to establish an in-home child day care service for up to 8 children in an existing . residence at 117 Ray Drive. The property is zoned R-10 Residential. ~ ~ •. '•~ " RECOMMENDED MOTION AND REQUESTED ACTIONS: .The Plaruiing Board recommends approval. '' FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: ~~ ~ . Money Is In Current Budget: Ne~y Appropriation Request: Bud et Amendment Pre ared: " _ . ~, REVIEWED BY: 1~, . LGL: " FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ' ;~' •~~ ~~ r ~... e_. _..- _.a . " COUNTY COMMf$S~IDN APPROVED ti~~"" REJECTED D , REMOVED [~ 41 POSTPONED C7 Rcfer to Office Vision Bulletin Board for Disposition pA'T'~ / !~lf~p f . Itom B 5-400, 10/96: In-h~oine Child Day Care at 117 Ray Drive Applicant: C. Freeman • ~.. .Planning Board Summary - ~ ~ F The Board voted unanimously to recommend approval~of the applicant's petition noting~the requirement that the driveway be improved to accommodate turn-arounds to avoid backing into the street and- onto the applicant's lawn. One adjoining property owner appeared to speak in. favor of the application. No one spoke in opposition. -. Preliminary Staff Findings ~ ,, .r ~~ •__~_ ,, 1. The Board must find that the us.e will not. mater,ally 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 community water and and a septic tank.. B. The site has direct access to a public street. C. The site is located in the Winter Park VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Child day care is permitted by special use permit in the R-.10 District. The site is zoned R-10. B. A fenced play area is located to the rear of-the existing dwelling. - -- C. I~To outside signage is proposed. ~ ~ ~ • D. Adequate area is available to provide for off:street parking. E. Pick-ups and drops can be made without backing into the street. 3. The Board must find that the use ~r•ill not substantially injure the value of adjoining or abutting property or that the use is a public necessity: A. The County has approved numerous in-home child day services in neighborhoods throughout the County, including Churchill Estates. ' B: The' character of the residence should remain the same. ----- - - - - 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 fo be located and in general conformity with plan-of development for New Hanover County. ~ ~~ A. No external physical alterations to the house are needed to accommodate the proposed use. B.•The number of children will be limited to 8'. - - ~ - - - ~~ ~~~~ (~ ~~~R 4 2 ~ ~~~~1~~~ ~~~~ t . ,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 rcqucstcd by the applicant. Under each requirement, the applicant should explain, with reference to'attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional~pages if necessary) ' ~ ' ~ , ' '~ • ' ' Gcneral,Requirement#1 •~, ,~ .• •' .~'• •.~. ~ t. ~• The Board must find "that the use will not materially endanger the public,health or safety if located where•pro- ' `~. posed and developed according to the plan as •submitted and approved." : • ~ ~ . • StatemenCby Applicant:..' , . • • ' • . Gcneral Requirement #2 _ ~ . ~. •.The Board must find "that the use'meets•all required•conditions~and specifications" ofthe Zoning Ordinance." ' ' Statement by Applicant: '. • ~~~ • ... - .. • . - .• ... • ~ • ......:.. • ... :. I '`~~ Gcneral 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.". ~ ~ . ' Stalemen! by Applicant: ~~ . ~ Gcneral Requirement #4 ~ ~ , -. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the,area in which it is to be located and in general conformity with the plan ~~: of development for New Hanover County." ~ ' . - ~ ~ ~ ' .' 'Statement by Applicant: .. ':. .. :'' :- ~ .•.~ : . • , !, .The Zoning Ordinance in some instances, also imposes additional specific requirements on~the use requested by -the applicant. The applicant should be prepared to demonstrate that the proposed~use.will comply with each • - . ~ specific requirement found in section 72 ~ (as applicable). HeJ$he 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- . ~'~s. sioncrs may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the ~pecial Use Permit. •',:•. •.'.... . I certifythat all of the information presented in this•application is accurate to the best of my knowledge, informs- Lon, and belief. .. ' ... .. , - • ' . ... ..:~ ... . ~ .'. ..~~~ . 43 .... __ :. ,. ,• '• ~ Si cure of Applicant and/or,Own ~ , ~' ' .... ... •. ... i .. ' . ' ,.,.. ~~.. ..r.,~ ...~_-,~, 4....,.__._ _ _ .,. - -.- -- - ..- - .- - .. PETfTION SUMI'V1ARY SHEET. _ S400, 10/.96 Petition Number: . , „. .. 4. :~~ ... Owner: Carolyn Freeman ~ ~ Representative; Same: ~, . ~ Request• In Home Day .Cia~e . Acreage: • 25 • ~ cation• _ Tax XD Number: 4212 ~. ~ _ 117 Ray Drive _ .. y • LAND USE, ZONING, UTILITIES and SERVICES . .. _ 4., , : .. ~ ~. • Land Classification: Urban Transition ' Existing Land Use: ~ R s i d nt-i ~ 1 Area originally zoned July 1, ]97? Zoning History: . .. , rv Urban Transition. 'Septic • Watcr Typc: Scwcr-Type• -j~`~ Winter Park Kiri s Grant ~J Fire 7)istrict: Rccresition: g Ra Drive Road Access: y Volume: ~ Unknown Blount ~ ~ . School Aistrict: - .. _ MISCELLANEOUS PHYSICAL. CHARACTERISTICS Smith. Creek C(Sw). Watershed andWater Quality Classification• ~ ;~ Transition between Primary and Secondary Aquifer Recharge Area: None Conservation Resources: '` - Historic Landmarks and Archeological Sites: Nc~nP . ~ - • N/A Site i's' developed - ~ ~~ Soil Type(s) and Cixss: 44 Septic Tank Suitsibility: N/A Site is developed _ rim A ric 1 None P c g ~ turxl Soils: Building SuitAbility: _ N/A~ Site. is..developed _ _ ..._,. .._.......a.._.. ..._ ,._.... .. _.. _~ r I~ ~._ , ~ ,~~ • ~ o (~ h ~_ ~ --~ ;~~ - , .. ~-~-- ~ - ~ ~ a ; .~ ' ~ I ,-- - '` /~'cnc~ n ~ ~ ' -~ `- .S,S a ~ ~ . ro 1' ~~ 0 0 . ~ . ~ -~ ~, ~ ~, ~~ - T•' /-' ~ ~ _ ' 't I n 11 I ~ ~ ` ~ ~ YYY ~ .2 ] -9 ,c7~R~ ~~~' n ~ 1 { ~ D ~ n p (~ /~ cnc ~ c. ~ o o p ~ 9 y ~ ~ ~ ~ ~~l/'/1Q/'oa.r ~~ D u iJ n ~~ ~~ `~ ~ .. 45 . ~(~ ~ ~' Y7 ~`/I ~ ~I ~~s _..._ ~..k,...~ . _.~_.~_ w A,__ _. ,.. ..... _ . . ~_.__ .._.~.~._.... , . ~~~~ ~ ~ a ~`~° REQUEST FOR BOARD ACTION Meeting Date: 11/06%96 • =~r Regular Item #: C Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes , • Pa e Count In A enda Packa e: 8 Contact: Pete Ave Special. Use Permit (5-401, 10/96) ' BRIEF SUMMARY.: Request ~by' Telespectrum,Inc., . d.b.a.360 Communications to construct a 13:0 foot tall monopole ~~' telecommunications tower and associated equipment on a 40 ft..x 60 ft. tract at the southeast corner of Park Avenue and Hinton"Avenue adjacent to Hughes` Auto Service: ~ ~ -. ak~ .. ~~ ~ .. '~~ ~ RE ~ E TED A TI N RECOMMENDED MOTION AN) ~U The Planning Board recommends approval ' ~~% ~ . • FU1~rDING SOURCE: ~ ~- ' Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: ~ New Appropriation Request: ~ Budget Amendment Pre ared: ,~~ REVLEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~- ' ' _ COUNTY COMMiSS10NEt~i • APPROVED E~J/ ~ . ;~ REJECTED` ®. ,:µ REMOVE®~ Pos~rPOwEO c~ 4 7 '~; DATE .~.~ t I c,~"~' ~'' ~._ Rcfer to Officc Vision Bulletin Board for Disposition /;~1~ ~~ R~%`~ /y1Q~h ''~~- ~e~uu,~,r~2~t.~ v ~a~i~L .. ~., fV~~'e o,~ 7~~s U C Item C .. . 5-401, 10/95: 130 Foot Monopole Telecommunications Tower at the Southeast Corner of -- ~ - ' Hinton Avenue and Park Avenue , . Applicant: Telespectrum d:b.a. 360 Communications - • , . , -- -- _ Planning Board Summary ~ ~ _ "~~~ - ~~ - The Board voted 5 to 1 to recommend approval of the application with the added conditions that the tower be engineered to accommodate collocation and that a large oak tree at the northeast end of the compound scheduled to be cut down be saved. There was one abstention. .One Board- member said he wasn't against. communication towers, but opposed the seemingly 4 ~` haphazard way in which competing vendors located'sites for their use. Other rnembers,also felt,a . greater effort should be made by the vendors to collocate the uses, so as to, avoid a proliferation of , towers throughout the County. There was no opposition from adjoining property owners. 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 proposed facility and support building will not need water and sewer services. B. The planned use will generate an insignificant amount of traffic. C. The site will be accessed by a 30 foot easement connecting to Park Avenue D. The site is located in the Seagate VFD District. E. Though electromagnetic waves are emitted, there is no conclusive scientific evidence that the waves cause medical problems. F. The structure is designed to bend in extremely strong winds, not tip over from its base. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. ~ - " ~ ~ ~ ~ - S A. Cellular and related telecommunications towers are permitted by special use permit in the B-2 Highway Business District. ,The site is zoned B-2 Business: ' B. The planned use complies with the requirements of the B-2 District. ,, ' .. _ ~ _.. ._ .4 ... ~. .:, _ 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a. public -necessity. - ' - {` A. The towed will be located on a 40'x60' parcel leased from Hughes Auto Service.-. - ' .- ~ ~ Lsi B. The property is zoned'B-2 and. is; located in close proximity to the strip commercial development associated with Oleander Drive. C The planned use will not generate any smoke, noise, dust, air borne debris or related impacts. ~~'~~~ 4. The Board must find that the location and character of the use if developed according to ttQA 1:'T:~~',~~ the plan as=submitted,and approved will be in harmony with the area in which it is to be - ted and i:n gene a#l~ onformity with plan of development for New Hanover County. 4~ ~va~~r~~~ ~~~` A. There is a wide range of uses in the~area. They include: general commercial uses, mobile homes sales, auto repair, mini-storage, and a small flex office park. Residential uses are located r ` , along Park Avenue. B. The site is located in close proximity to 80 foot tall towers supporting a main electric 4'~ transmission line. . ~~r ___. ._ ~.~... ....._. . ,- '!-: +~` _..._ . ,, .. r .. ... '~. ~. .:. _ .. ... ~' _...., ,~ ~ ~ ' ~! .. ,~ ., ~,~ 49 .. . .a, . _.. _ PETIT~I~ON-SUMMARY -SHEET, S-401, 10/96 Petition Number: Owner Glenn & Billie Hughes Request: Cellular Tower Taz ID Number: 6206 Representative:-Telespectrum 1-1 Acreage: - ~ 7 Location: 5704 Park Ave. LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Urban Transition Existing Land Use: Auto repair/marine repair Area originally zoned July 1, 1972- Zoning $istory: "- Water Type: _ Fire District: _ Road Acccss:- Schaol District: Park Ave. N/A Non-school user Scwcr Type' N/A RccreAtion: Hugh McRae vOlUII1C: Tinknnwn MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classificntion• Br Aquifer Recharge Area: Fringe of Primary Recharge None Conservation Rcsourcea: Historic Landmarks and Archeological Sites: N A c"-~ Soil Type(s) and Clxss: / 50~ N/A ` No sewer needed Septic Tank Suitability: `~ Prime Agrict~ltur-xl Soils: None $uildinQ Suitability: Few limits N/A Seagate SBA, Inc. '` ' . `_ , .. , , ~ 5561 hicNccfyDrivc, Suite.201. . • _ Ralcigh, NC 27612 . •. 919.51,0:4661 '~. ._.. _ • , z. -.. ...Fax: 919.510.4029 _ .- _ , • ., .. ' . ~ . -~: MEMORANDUM IN SUPPORT OF A REQUEST BX .. • TELESPECTRUM, INC. DB/A 360° COMMUNICATIONS COMPANY FOR A SPECIAL. USE PERMIT TO CONSTRUCT UP TO A, 130' TALL MONOPOLE ~ ~ •, ~..... .. .. ~ LATED E ~ E .. TELECOMMUNICATIONS TOWER AND RE QUIPM NT ,..: This memorandum is~in support of the application by Telespectrum, Inc. d/b/a 360.° :, - Communications Company (the "Applicant").for. a Special Ilse Permit for up to a 1.30' tall - • ~ monopole telecommunications tower and associated equipment (the "Facility") _on a:•40' x 60' ~ • - ~~ parcel of property leased~from Glenn.David Hugkes commonly known as New Hanover County:: . ;~`; ~ Tax Map 6206, Block 07; Parcel 1:1 (the"Site"), as shown on the attached site plansand further •~ !~ described below. '.This request is being made pursuant to Article VII,~Section 71 ofthe.New •. . Hanover County Zoning Ordinance. ~ ~ ~ ` j~ ~ _ .The. Facility will consist of (i) a transmission tower of monopole design which will not exceed. - '130' in height, (ii) antennas located, at or near 'the top of the tower, and (iii) a 12'.x28' concrete ~~ ~ aggregate equipment•shelter. •The_Facility.will be located;within a 38' x 42':cornpouhd surrounded by an 8' tall chain link fence with three strands of barbed wire on top. Access to the Facility vrill :~. • • • .be provided by a ~12' wide gravel drive within a 30' wide access easement%xtending from Park - ' ~ ~ Avenue. Tra~c•generated by the Facility will•be insignificant, approximately 1 toS trips per ' • .month, each of about.one hour, in duration. The Facility will,be unmanned, `therefore no water or ~. ' "sewer. services are•rieeded. The only utilities required are standard household electric and ~~ . ~• telephone service. The Facilitywill be operated and maintained~by_360°~Cominunications ~ ..' - ' . Company.. Photographs of a typical mo.nopoleao.wer compound 'and gerieral•inforirlation ~ ; •.: ~'..•. ;•~. -. '. ~ pertaining to, cellulai•.technology are .enclosed with~the application:` _ •• ~ . ' 'The Site is situated on the southeast•eorner ofthe intersection of Park Avenue,arid Hinton Drive;': '. • . adjacent ~to and on the: same ]ot as Hughes.Auto 'Service, at~5704. Park.Avenue. -The Site is.zoned ~.. • '~.`' . `: B-2 Hi hwa B " ~ 'ct : e inin ~. the Site to the east sou and west is also ... ~ ~' • • ., , g y uslness Dlstrl .Prop rty ado g ~, . • :zoned B-2; property to the north and across the 74' `wide Park Avenue right=of--way is zoned R- : ` ~, .. " 15, Residential: ~ • : •,. .~. ~ .. ~ . . ' ~ `~In accordance with theNew Hanover County Zoning Ordinance, the Applicant must establish;' . ~~ ~, :through competent; material and substantial-evidence, that it meets four gene~ral.firidings set forth' : ~• ' • - ~ ~•in Article VII; Section 71-1(3) ofthe Ordinance..In this regard, the Applicant states as'follows:'~•' . . ~.,. _ ... . ~' A. The requested use will not endanger the public health or safety if located wher .~ ` . proposed. and developed according to. the plan as submitted and approved. The Facili~}vv~ll~ . - _ .. .. _ .. ~ 1. - " ..`comply with all local, state, and federal laws, rules, regulations and codes, including all safety requirements. Many business, residents, and public safety services have become dependent on ` ~ ~ ~ - ' "reliable wireless communication. Furthermore;. customer billing data in the New Hanover County area shows that a significant number of 911 calls processed are made from cellular phones every month. Approval of this request will lead to improved cellular communications for the citizens of New Hanover. County and will unquestionably promote the public health and safety. Applicant will provide' a partial list. of public service customers and 911 statistics for New Hanover .County at or prior to tlie~ public hearing: ; ~ • `. ". _ ' B. ~' ' ~ The requested use meets'all required conditions-and specifications of_the Zoning Ordinance. Communication facilities are permitted in the B-2 zoning district with approval of a Special Use Permit. The proposed plan meets all other requirements and development standards set forth in •the Zoning"Ordinance: for the B-2 zoningdistrict.~a There are no specific requirements or resfrictions~ related"to communication facilities in the' Zoning Ordinance.;: . t., i . ' , '~y + .. .. 1. 1 .. .. .+ .. ' C:'' ~ 'The requested use will note-substantially injure the valuerofadjoining or_abutting •~ '~ property,'and~is a public necessity'as defined under'the Zoning Ordinance. The requested use • • ` is compatible with the uses permitted in the. B=2~ district -and- the.adjacent commercial ~ . development. The Facility will generate no noise or odor and minimal traffic.. Real estate sales comparison studies have shown that this-type of use does not diminish property values. • Further.evidence~and'testimonypertaining"to the`effect on adjoining property.values will.be provided by licensed real' esrtate'~apprai'sal`experfs at the public:hearing.:. ' _ j ~ ... D.~' .The location and character of the use if"developed`according. to the plan as submitted "and approved will tie in harmony, witti•th~e-area• in which it is to be located and'~in-general conformity with the plan of development-for New Hanover County. The:requested'use is in harmony with existing`commercial development4~in-the area, which includes an automobile repair shop; an office park, mobile home sales;-a~~storage facility; and a varietyLofretail stores and businesses. In addition;'the:.proposcd monopole tower structure is similarao the existing 80'+/- tallsteel electric transmission poles along;-Park-.Avenue and Hinton Drive. The ` requested use is well suited for the B=2, Highway-;Business District. The purpose of the B-2 district is "to provide for the proper grouping and development ofroadside business uses which will'best accommodate the' need's" of the motoring public and businesses demanding high - volume traffic." A cellular corrimunications facility will certainly accommodate the needs of the motoring public. This finding is'also satisfied`by-the Applicant because it has been'issued a Certificate of Public Convenience and Necessity`by`the North Carolina'Utilities Commission after a public hearing, in which it was deternuned that reliable cellular service is a public necessity. Based ~on the above, the Applicant respectfully requests: that its application for a~ Special Use Permit • be approved. Should you have any questions'about the-above or need additional information, please . contact Doug Dieter, agent for the Applicant, at (919) 510-4661. 52~ ; 2 _._ :4 Six` r _ ,._ yr 1 1. 1 1 1 1' 1' t r t f 0 1 1 1 Typical Monopole Tower Compound REQUEST FOR BOARD ACTION ~" Meeting Date: 11/06/96 ~~ Regular Item #: 8 Consent Item #: Additional Item. #: Department: Engineering Presenter: Dave Weaver, Ken Shanklin & Pa e Count In A enda Packa e: 8 "Contact: Dave Weaver Susan McDaniel " ~~~ f 1 ~"UlVll1N(i SVUKCk;: Federal S: - State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: ~ ' REVIEWED BY: ' LGL: FIN: BUD: HR: "~ -, COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ' Concur with recommendation. No County funds are proposed to be expen d -- COUNTY COMMI ~ V1' _ APPROVE© C~' REJECTED ® ~ _ Retcr to Once Vision Bulletin Board for Disposition REMOVED a ~ POSTPONED DATE " .. a .~ i] - Attachment-for Item #8 . Regular Agenda November 6, 1996 . .s. ~ ..~ Request for Board Action ," ~~ - ~~ BRIEF SUMMARY: As the Board is aware, the Coastal Resources Commission ("CRC") on , September 27, 1996 rejected the last sandbag variance application request filed by the County'and the Town of Wrightsville Beach. Since that date, the Homeowners Association at Shell Island has continued with its efforts to resolve the short-term problem of the rapid erosion of Mason's Inlet. The Association is also trying to expedite the long-term dredging solution for Mason's Inlet. The attachments are for a Minor CAMA Development Permit to be signed and presented by the County, Town of Wrightsville Beach and Shell Island Homeowners Association. The cost will be borne by Shell Island Homeowners Association. The cost of this project is between $30,000 and $60,000 and will be paid for from funds that have been paid to County by the Association pursuant to the agreement between the Association and the County. It is expected that the dunes will. have to be restored at least~twice during this winter season. The sand will be beach quality sand trucked in for this specific purpose. Although this measure will in noway save the facility in the long term, it is an environmentally friendly measure to slow down the migration of the long-term dredging solution that is currently being discussed by the Association with the appropriate State and Federal Agencies. The County's role «-i11 simply be to be an.applicant for the erection of the sand dunes on the property that lies within the Hutaff interest that has been condemned by the County for the sandbags. The sandbag condemnation proceeding will have to be amended at Shell Island's cost to provide for the dunes restoration. Shell Island's legal counsel will prepare an appropriate document to amend the condemnation proceeding for this. " RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the County Commissioners move.to°permit the county to be a joint applicant on'the CAMA~ Minor Development Permit for 'the restoration of the sand dunes at the north end of Shell Island immediately adjacent to the southern, mean high water mark of Mason's Inlet. The sand dune restoration area will lie within the parameter of the Hutaff easement that has been coridemried by the '. "County. The County-will take immediate steps to amend the condemnation proceeding'to permit the restoration of the sand dunes. The cost of the modification of the condemnation proceeding and the restoration of the sand dunes wall be borne by Shell Island from the funds that `it has previously - . ~.. deposited with-the County.. ~ ": ~ _ _ __ _ _...._ _ .. ~~ ~~~ ~~1`J ~~ 1'r~ :c° . .. .. - ~ -t ~~ ~ ,~ ~ - _ 2170 NW URD STREET, $VITE 8 - October 23, 1996 GuNESViUC fL 726067 19 - - - (752) 375-8700 fA7C 775-0995 Ms. Susan J. McDaniel ~, Post.Office Box 1347 Wilmington, North Carolina 28402-1-347 RE: `Beach Dune Design Dear Ms. McDaniel: This letter is to transmit the draft design drawings and details for the dune reconstruction 'project that is under consideration by the County and Shell Island Resort. As shown on the attached drawings, section views A-A, B-B and C-C'extend across the project site as indicated - on the revised plan view (Figure 1) which commences from a distance reference point of 0.0 at the landwardmost end of the profile section view. A general description of the project is a's follows: t Dune Elevation = +14 feet above mean sea level (msl). • Seaward Limit of Sand Placement = +3 feet (msl) contour location Note that the location of this contour has likely moved closer to the. Shell - Island Resort since September 18th, .date of survey. • Sand Placement Volume = 9,000 cubic yards (may vary according to ,conditions at the time of actual construction). • Maximum Areal Extent of Sand Placement Area = 41,100 square feet (0.94 ~~`, acres). In .addition to sand placement, the project design features will. include revegetation and sand fencing to enhance. stabilization of the newly placed sand by reducing .sand losses due to wind - effects and pedestrian traffic. Please do not hesitate to calf me if you have additional questions or if you need clarification on the above details. Sincerely, L--~. ' Karyr~V1. Erickson, P.E. • Vice President KME/rkl . Attachments, 5-7 ~_ ! EnzJironmental & Coastal Engineers, Scientists & Management Consultants f:NV/l771-S Hf,NltllJi~i' • N O -. N O V~~ O N '0] . `> ° ^ p ~ o ~ •. ' ElevoGon .n Feel (l~.S.l.) , r 0 e • , I I. u:: I an - I N O N O N O N m~ r 0 V~- O I U, ° °8 IA A O N O V ~ '.~ . ~ . .~ ~ ~ , . _ ElevoGon .n reel (u,S.L.) _ _ I - _ _ N O N o ~ p . .._ o .. O N O N w a PO f~_ o •• ' O r . n .. =9 N 7 O ° O s ~ ~ O f)Z N ~ ~ .. P j 1 ~ p O ~ ^ O ° O o N Y P r A N ~ O O 1 ^ ° O ~ $ P ~ O N () ~ l $ _ u~i 4_ _ 9g ~. 9 o __ ~~ r~ ! i r rr l~ ~ o N~ 00 (A n rJ ~ ° ~ ~ GO n • ~. $ ^ P I o ! N O ! m m o ~ ~o D p - N . N $ N _ N PO N m0 - m p {/ 8 0 O i O $ U t ~I U N V O N O. - . N ~ 4 U P O .. ~ U . U C j O -~ U P U O O . O O ` .. , .. +O O O 58 ~~~J1~ New Nonover County PuClie Beall rJ7Rh~•....ww^• Dune Reslorol;on and SAOre ProlecGon Projeel Secl~on Yews fer; Horl~ CereLrp i 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 ~~ ~ z x ~~ ~ TTA h G ~~ ~ € ~ ~ .. A . .. _ ~~~ _r. __ ~ ~ . f ~~ ~ ~ ~ . ~ ~~~~, ._ D. V ~ ~ ' O Z . _ N ~~ o ~a ~, N~ ~~ n % pp i r~~ ~b ' ~x >': o^ Zy r N ^a" , z ~~~/D ; : l %~// / I ~ / °' ~~ ~; N l17 ~ / / . I t, 1 ~ I It r I , !' II it N ~ n 0 rn rlDT N O ` ... ~i 1.1P(ICO TCCNNOIOCT t uAN/.C(u(NT, IMC New Hanover County Public Beach Rev~s~ons Drown by: MKM Dune Restoration and Shore Protection Project Plan View Check KME For: North Carolina Dote: Sheet No. LAMA Permit AppGcot~on YD/17 96 1. '; L;'//O//,U Locality GENERAL INFORMA710N Permit Number LAND OWNER Name NEW HANOVER COUNTY ' Address 414 CHESTNUT STREET, ROOM 101 ;City ~ wTl MTNrTnN 'State N(' Zip Pg~01 -Phone _ (9101 341-71 ~4 AUTHORIZED AGENT Name '~ KARYN ERICKSON : P~:E. AP?LIED TECHNOLOGY~`AND MANAGEMENT INC. Address ~ 2770 NW 43RD STREET,,`' SUITE B City OA i NFCVTI 1 F State Fl `~±. ~ 'Zip ~7h0(, ' ;Phone . r . LOCATION OF PROJECT NORTH END OF SHELL ISLAND ALONG NEW HANOVER COUNTY TOWN OF WRIGHTSVILLE BEACH AND HELL TSL`AND RESORT PROPERTY NORTHfCAROLINA ~ ~' (IE not oceanfront, is,waterbodynatural or manmade?) DESCRIPTION.OF PROJECT PLACEMENT OF 9,000 CUBIC YARDS OF BEACH COMPATIBLE SAND TO CREATE A DUNE FEATURE AL N S FEET THAT WAS DESTROYED BY HURRI A AREAS OF ENVIRONhIENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by the Local Permit Officer prior to completing application.) ,~ .Ocean Haz2sd Estuarine Shoreline ORW Shoreline Other PROPOSED USE Resid~tial Commercial/Industrial Other SIZE OF BUILDING. IN SQUARE FEET ~ ! . Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet of a.n ORW shoreline) , SIZE OFSITE IN SQUARE FEET 41,100 SQUARE FEET ~... _; OTHER PERMITS MAY BE REQUIRED ... Zoning, Drinking Water Well, Septic Tank (orod~er sanitary waste treatment system), Burning, EIectri- The activity which you are planning may require cal, Plumbing, Hefting and Air Conditioning, In- permits othPS than the CAMP. minor permit you sulation and Energy Conservation, FIA Certifica- are applying for here. As a service we have tom- lion, Sand Dune, Sediment Control, Subdivision pplied a listing of the kinds of permits which might Approval,.MobileRome Park Approval, Highway be required. We sugsest that you eh'eck over this Connection; Others:- - . Tilt with your Local Permit Officer to determine , . ~ ~- . whic~;.ifra~ny, of these may apply to.your project. This ~ a requirement of LAMA, only a surges- _ lion to help you complete your project as quickly as - - - -- - - - - .possible. .:.- . .. b, _. _ ... t .STATEMENT OF OWNERSHIP _ ~` I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in an area of eny~ronmental concern or a person authorized to act as an agent far purposes of applying fora CAMA minor development permit, certify that the person listed as landowner on this application has a sig- .' nificant interest in the real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in ~ see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir ro the estate of • probate was in County. ' if other interest, such as written contact or lease, explain below or use a•separate sheet and attach to this- application. -"_ ' •, NOTIFICATION OF ADJAC>=NT PROPERTY OVJNERS ~ t "' IYurthermore.certify that the following persons are owners of properties adjoining-this property. I affir-.n that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for ~~ a CAMA permit. ' (Name) {Address) (1) _ • .. (2) (3) ' (4) • FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: ` ' I adrnowledge that the,land owner is aware that the proposed development.is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained tome the particular hazard problems associated with tlvs Iot. This explanation was accompanied by recommendations concerning stabilization and floodproofingtechniques_ PERMISSION TO ENTER ON LAND ' ]furthermore certify that I am authorized to grant and do in fact grant permission to the local permirofficer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. - ~, This application includes: general information (this form), a site drawing as described on the back. of this ap- placation, the ownership statement, the AEC hazard notice where necessary, a check for 550.00 made payable rA the locality and any information as may be provided orally by the applicant. The details of the application as described by these sources are incot~orated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a per- mat is subject to civil, criminal and administrative action. This they day of 19 ,_ . ~ ~~ . .. Land owner or'person authorized to atlas his agen for purposes of filing a CAMA permit application_ .. - _ .. .. 0 O• } J n g .. - 1 ~~ ~ . . T .~ _ ~: o ~ o ~~ ~ , _ o ~~ ~ ~ ~, a _ . o~ _ , ~ ~ - _.. _..._ _ ..._ ... _-- -- -- ox ~ 5 '-" ~ n r- O ~ -*~ Kew Hanover County Public 8eoch- - - Re~~s~ons orown .by: ~ MKS Dune Restoration and Shore Protection Project ecw+axr' v.,.ccva.r, we Phan Vew Checked by: - K6~E For: . • Dolc: Sheet No. North Corclirio - Ci~1dA 'Pcrm~t ~P.ppGcation 10 i 7 96 1 ; ~i~ i I) E~c•el~on in Feel (u.S.L.) e n I II _ _ nn I N O N~ O •/' O N p 3• - ~ Elcrolion to Fe c1 (N.S.L.) , ou ~ ~ l N O V O N O U p,p•, e p 8 ' g ; b O a Elc.oGon In Fcel (u.S.l.) , 1 ' Ol ° 1 I r•~ ~ l ~ V O N O N O N O p • is O O m o , , 0 1 O~ O . .9 ,o n O 0 o N o n e 0 N O 0 VI_ O ~ N .. ~ .. e•~ I o a ~ . 0 ~ I 0o n oo n n < <o O ~ c <o o ~ c .: ~ }a ~ . °. c I c i I p I ~ ( ~, 0 . ~ ~. I I_ { o s~ _ I I I Vn n o_ °~ O S ~ •r t( 1 I I• r J. , _ . : .. N O • o~ o ~ O I ~~ _... •- ~ I ._~ -1- - . ' - . J o • o ~ o I O~ n _ n ~ •I• -- ~ I J _1 }- ~~- - - ~ <=- - _ ~ -• ~ °o ' n I s > I _ ! s ` -1 r • N o o ~ I 1 f . N N o 1 - N ^O • , ~l P I _ _ 1 N O . T I I I• n .y I~ i O m l { ~ _ N O c '1 I 1 , c 5q > ~"{ o - I ~ N N l n ~a ~ ~ o l ~ , - - ~~ - i ~ u 0 - l ~._ ~~ 'o ~: I - y I ~- ~~.~F~ pose ResloroCon and Snore Proleelron Pr~jeel C .7 C-.JT~.~iT1T•'q• New Hono•v County PuE4c BcocA rxr~ SacGon Yc~s a.cKa 1,: K~C f .., ~ M.n~ Ce•M~e Oei.~ . 4vA .••~+~ bo0•.0.+ 10 t7 0{ `"' REQUES'T' FOR BOARD AC~'ION ` / f Meetin Date: 11/06/96 g 2egular Item #: Consent Item #: Additional Item#: 1 Department: County Manager Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUI3.TECT: Reconsideration of approval of the joint. agreement with the City of Wilmington for the Northside Wastewater Treatment Plant and resolution establishing a committee to develop a recommendation unifying the Water and Sewer Utility Services of the City and County I3RIEr SUMMARY: The City Council on October 29, 1996, reconsidered the resolution establishing a committee to develop a I'CCOmil7elldatl011 Llnlfyltlg the Water and Sealer Utlllty Services Of the Clty and COllllty. The 1Cey Word ll7 the last sentence of the resolution to be changed was "plan." The City Council adopted the resolution with the word "structure." The word "structure" had been informally agreed upon by the County Commissioners when polled last week. At your last meeting you rescinded the agreement on the Northside Wastewater Treatment Plant. It is appropriate now to reconsider the agreement. Time is of the essence for this project to get on track from both a financial and operational perspective. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ?edcral $: State $: County $: User Fees $: Other $: Money is In Current Budget: Ncw Appropriation Request: 3udget Amendment Prepared: REVIEwrn I3v: LGL: FIN: BUD.: ~ . HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of the resolution and approva o ~ he agreement of the joint usage and development of the Northside Wastewater Treatment Pl t. .COUNTY COMMI~tQ' Refer to Office Vision Bulletin Board for Disposition ~APP,~OVED~ .~ `"'~ i~~TED d ~°4:.'i~~'ONED . Dk T E I! ~~ ~~ v ~~~~~ ~~-~. ®. ~~~~ ~~- ;, ~A w i ~ r ti,~ 1 M r~ ~~~,. 1 ~ '~~~ .~ .--.~ 1739 ~ `. PHONE N0. 910 341 4628 ~ ITY of WIL.MINGTOI~ forth Carolina P.O. BOX 1810 OFFICt OF THE CITY MANAGER c9io) 3a~.~a~o ' /~ 8402 - FAX (910) 341-4629 MEMORANDUM TOe A11en O'Neal, County Manager ~ FaQM: Mary M. Gornto, Cir_y Manager DATE: '•October 30; 1996 • SUBJECT•s Utility Services 1ks we discussed earlier today, the City Council. approved the • attached Resolution at iCS regular meeting last night. The Rer3o7~~ti~in • supports the creation of a City/County Committee to develop a specific -plan for unifying water and sewer services. Tkie Resolution elan reflects OnE Change £rom the previously-approved Resolution with the • word '.plan' in the last sentence changed to the wnrd 'Ftn~rture.' " Councilmembers indicated a desire for the Commissioners to consider amending their previous Resolution on this matter by changing,. • it."to reLlect a 'structure' rather than ~orgctnization' and to re-consider the joint agreement fox the Northeide Waste Water Treatment P1ant_ . T]icze was also some discur~sivzl ieitcrating the Council's uitd~istanding and intent that the joint committee will study all of the authorized methods for joint provision of water and sewer ~~ services, and, fvllawing such a review, determine the b©st alteLnative for• ttieel,'ing both the City' ~ and the County' ~ interests A copy of the executed Resolution will be provided to you ag soon. as possible.. Please call i£ you havo any questions. •MMG:teb , • ~'nrlosuz'e cc:. Mayor ~ Counci:l P01 ~' .' ,. .~ .+ ,~;.~ Yom- FROM MAYOR'S OFFICE PHONE N0. 910 341 4628 P02 ~ ter. ~` ~~Resalutlon :,~; wii,;;.~. ~`.' (Y City Council City Uf Wil~Ytinglon North Carolina INTRODUCED BY: Mary M. Go~'nto, City Manager nr.r.aher 19, 1996 RESOLUTION ESTABLISHING A COMMITTEE TO DEVELOP PLAN FOR CITY AND COUNTY WATER AND SEWER SERVICL?S WHEREAS, given the increasingly urban nature of New Hanover County, unified Ca.ty and County- water and sewez services cou~.d maximize efficiencies and minimize costs. NOW, THEREFORE BE IT RESOLVED, that on or before December 3, 1996, the City o~ Wilm.ington and the County shall establish a committee comprised of two City Council Members and two County Commissioners to develop a specific plan for uniting all City and County water and Aew2r servXCes, as is authorized by the North Carolina Genera. Statutes. An interim report, by the Committee, will be presented to both governing bodies on or before May 1, 1997. Said aLructure t~hall be instiLul_ed on o.~- before Dec:emljei- 1, 1997. lion Betz, Mayor -Adopted at a meeting on-. ATTEST: 19 City Clerk -. .. t ,° ,~ .y, REQUEST FOR BOARD ACTION ,:~" Meeting Date: 11/06/96 E~egular Item #: Consent Item #: ~ Additional Item #: 2 Department: County Manager Presenter: Allen O'Neal Page, Count In Agenda Package: 1 Contact: Allen O'Neal SUBJECT: Request from the Board of Education and Dr. Martin for additional funding for the Wrightsboro Elementary School project BRIEF SUMMARY: The final bids on the Wrightsboro Elementary School project are $401,553 over budget. I am in agreement that the additional funding is needed for the project, but recommend it be allocated from the Schools' fund balance. This will not impact the Schools' financial health. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend that the Board of Education be directed to fund the $401,553 requested for the Wrightsboro Elementary School project from the Schools' fund balance FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: COUNTY MANAGER'S COMMENTS AND RECOM Recommend funding from the schools' fund balance. Refer to Office Vision Bulletin Board for Disposition HR: COUNTY COM APPROVED ~~, REJECTED Q REMOVED Q POSTPONEp DATE r ~. 4`.` 6 . y r ~' a~°'i!'1, ~, .~,r.~f- g ,. NEW HANOVER COUNTY. _~ 4 INTER-OFFICE .:... • 'O: ~•i•:vitiiv444 44+.i'•:ikv 44 • .::v.:•i:^:•i:vu'•: :iitii'•ii:iiiiii{h 'w 4 444. m~ .\..., :: h'~viin. .M:::. i:: i~'4xi:^:^:?~'~i~}jjii'+'i;: ~: ii:;:iiiiii.:<.ti:4:J:^. 4 4•: ~4. ~ ~~vv.'-..S. .. ~ 4vv~ ~.:: ~~ ~ tiii::•::v {S:v4~:?v~:t i\v\~ i. • E •'vvnux44.A :\.vvx \v.::.vv: n4vvv:.v \vxv:.vw:: nvviw 4~4: n ti•:4• •.-.v 4. 4•.•xnv ~: v •\~+:4:~v1 \'i\\~ivtiiv v:•'i: 4.. 44 '+ ~\v ~\44~ 44'i 4~4 ~ 4 4 DATE: October 30, 1996 TO: New Hanover County Board of Commis' ers FROM: Allen O'Neal, County Manager RE: Schools' Request for $401,553 Please find attached a request from the Board of Education and. Dr. Martin for additional funding for the Wrightsboro Elementary School project. The final bids on the project are $401,553 over budget. I am in ,agreement that the additional funding is needed for the project, but recommend it be allocated from the Schools' fund balance. Currently, the undesignated portion of the Schools' fund balance is $6,653;559. Of this amount, $1,000,000 is designated for improvements to the Siemens Building and $500,000 estimated for hurricane expenses not covered by FEMA. If the Schools allocate fund balance for the additional, Wrightsboro School project .funding, over • $4,700,000 will remain as undesignated fund balance. Neither the Local Government Commission nor the Department of Public Instruction has any minimum requirements for fund balance for boards of education. The State and County provide the majority of the Schools' annual funding and evenly distribute payments monthly or quarterly. The County's dependence on annual property tax revenues, received mostly in December and January, creates the need for a larger County fund balance. Please let me know if you have any questions or need additional information. }. w ~~ i t ') 4l ;t BOARD OP EDUCATIOfd JANICE A. CAVENAUGH, Chairman ~.__._~ -.-.---~ LORI T. STEPHENSON, ViceChairman ~~.... ~ --, t ~ i - r~ ~ ~ OSCAR A. GRAHAM '-',r ' r~I.~` "" ~ ~ a `~..~ ~~ ~ ~~ ~'_-.".~y~ DONALD S. HAYES EDWARD B. HIGGINS, JR. e q __~ `_ ~ ~ Y 199b ALLENE C. KEITH - _ , ~ ,, ~ Y 1] CHAS. M. "DUKE" LINEBERRY, JR. Y : q. , r ~.~ y DR. DALE F. MARTIN ~~ ~ N~~ ~~~~~y~R ~'~~ ~ ~ r ~ ~: ~~~~~~~~~~ ~~~~~ Superintendent R.a T0: Allen O'Neal, County Manager Robert Greer, Chairman, County Commission ~1~~~~(/1~~ FROM: Dale F. Martin, Superintendent ~~ _ ._ , Janice A. Cavenaugh, Chairman, Hanover County Board of_ • ~ ~~ Education DATE: October 24, 1996 RE: Wrightsboro Elementary School Project On October 15, 1996, the Board of Education of the New Hanover County Schools voted to support the Wrightsboro Elementary School project bids. These bids-were 5401,553 over budget. The Wrightsboro Elementary School project. bids have been let out on three separate occasions. In September of 1995, the project was S1,174,974 over budget. The architects went back to redesign, reduce square footage from 42,000 square feet to 24,000 square feet, and rebid the project. The second time around, enough bids were not received. On September 26, 1996, the third time the bids were let, the final bids came in at 5401,553 -over budget. On Tuesday, October 15, 1996, the Board of Education voted unanimously to request support from the County Commissioners for this project. We, therefore, are requesting the consideration of 5401,553 from the County Commissioners. Your cooperation in this matter will be greatly appreciated: c: New Hanover County Board of Education Members County Commissioners File Attachment: Wrightsboro Elementary Project Summary, October 24, 1996 1802 SOUTH 15TH STREET WIWIINGTON, NORTH CAROLINA 28401 ~ PHONE 191 01 763-543 1 fAX (910) 815-6927 ~. Get.- .;~ ~.....~~~o,. , .. . i 1 ! . ~~ ~~ - V~ '- _ ~ r. ' ~ .~, .a; Wrightsboro Elementar;~ . Project Summary October 24, 1996 The original plan was to construct a new 42,000 sf building behind the existing main building.. This building would- provide ne~~ classroom, media center; and administrative areas as well as a new cafeteria/kitchen. The existing main building was to be demolished. _. , ,_ _ ~ ... . _e .. .. ~ ~ . ~. _. _ - ~_ i . . __ ~. Bids. for this work were originally opened on September 19, 1995., The base bid amount for all contracts was for $3,771,489 which was $1,174,974 over the construction budget of .$2,596,515. The project was not awarded and the architect was directed to reduce the scope of the project and redesign. The redesign reduced the new square footage by about one-half, down to 24,000 sf. . Included in the base bid for the new building are classrooms, resource rooms, additional toilet facilities, and a new cafeterialkitchen. The main building will remain in use with the first floor converted to administrative and staff spaces and the auditorium renovated to house the media center. Also, the existing cafeteria/kitchen ~~rill be renovated for use as a multipurpose facility. All renovation work was to be bid by alternate. Bids for the redesigned project were originally scheduled for September 26, 1996. An insufficient number. of ~ bidders prevented bids from being opened. and the. project was readvertised and bid again on October 8, 1996. The base bid was for all contractors was for $2,568,243. Including the alternates required for the renovation work, the fnal bid price was for $3;083,323. Bids were presented at the October 15, 1996 Board of Education meeting for information. At that meeting, the Board was informed that in order to award the project, including alternates, -and additional $401,553 would be required. The bids were approved and awarded at that meeting, includinng the additional funding for the alternate bids. The pre-construction meeting was held on October 23, 1996 and the general contractor is expected to begin work within the next two weeks. Completion for the new building is ,.scheduled in time for the start of the 97-98 school year. o _ 4 . ` e + ~ ~, .. f ~. . . ~ ~ ,, r •~ t . ., ... ... ~. ,. ,. ,_ a. , ... .~ ,a3' ,. r . '>,• ~ 4. -. .. _. , , NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 1 NOVEMBER 6,1996 6:30 P.M.. . t ITEMS OF BUSINESS PAGE . NO. 1. Non Agenda Items (limit three minutes) ' 2. Approval of Minutes 67 3. Consideration of Petition from Greenbriar Subdivision Requesting 69 • ' Extension of the Sewer System to 105 of 131. Homes ADJOURN • i • 1 1 1 . 1. ~ - 1 _ . 1 . 65 .~ ~~.. ..._ .. _ __ _ _ _~. __._ ... ___ ..._.._.. _y .__ _._._ __ . _. ._ _ ._ ,. -. -r -. _ _ _ , This page intentionally left blank _: .. . ,~- 66 .., __~ _ _ . _.._ . __ _ _ _ _ _ . _ .ri < < . __. ,. RE VEST FOR BOARD ACTION Q Meeting Date: 1.1/06/96 ^ Regular Item #: W&S #2 Consent Item #: Additional Item #: •Departmenf: Governing Body Presenter: Lucie Harrell • Pa e Count In A enda Packa e: Contact: Lucie Harrell • SUB.TECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: • Approve the minutes of October 21, 1996 ' RECOMMENDF,D MOTION AND REQUESTED ACTLONS; flpprove~minutes ~' FUNDING SOURCE: Federal $: State $: County $: User Fecs $: Other $: ' Mone Is In Current Bud et: New A ro riation Re uest: Y g PP.P 9 Bud et Amendment Pre ared: REVIEwEn BY: LGL: FIN: BUD: r COUNTY MANAGER':S COMMENTS AND RECOMMENDATIONS: Refer to Office Vision bulletin Board for Disposition HR: COUNTY COMMISSI ~1 14PPROVE® ~.6 7 REJECTED Q REM011ED, O POSTPONED DATE c~. .. 3 Tltis page intentionally left blank REQUEST FOR BOARD ACTION Meeting Date: 11/04/96 . - Regular Item #: w&s#3 ~ Consent Item #: Additional Item #: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Pa e Count In A enda Packa e: Contact: W att E. Blanchard ~.UB.TECT: f • _ _. Request. for Sewer Service Greenbriar Subdivision i BRIEF SUMMARY: The County has received a petition from the Greenbriar Homeowners Association requesting that sewer service be extended to the portion of Greenbriar which is not being served (copy attached). The estimated cost to construct the sewer lines in the subdivision is $650,000 to $700,000. At this time there are not any - funds which are not committed iri the District. This area is planned for construction in the year 2006 under the current schedule. - • , RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners consider the request. ~ FUNDING SOURCE: Federal $: State $: County $: User Fccs $: Other $: Mone Is In Current Bud et: New A ro riation Re nest: Y g PP P 9 Bud et Amendment Pre ared: REVIEWED I3Y: LGL: FINN BUD: HR: BOUNTY MANAGER'S. COMMENTS AND RECOMMENDATIONS• ~. Recommend the Board of Commissioners maintain the master schedule for installation of sewer that was developed last year. There are no uncommitted funds. This project is scheduled for 2006. There area number of areas in the county in which sewer is needed. Priorities were developed last year and adopted by the Board as the official schedule for sewer installation. If that schedule is not fo o ed the process by which installation will occur will become haphazard and will be more costly and le • cient. APP ,.xi~, Refer to Office Vision Bulletin Board. for Disposition REJECT ~~~OV~D ~ `~ i POSTPONED ~` -...._.~._~._.. ~,.. __._~ _.~._.., ... DATE ... __ - - _ _ ~ ~ ` -October 14, 1996 ~ , ' , : .. •~: Chairman Robert Greer and Members, _ ~` ~ ~ ~ ' ~ ~" New Hanover County Board of Commissioners County Administration Building ,: r :; 320 Chestnut Street Wilmington, NC 28401 Dear.Chairmam Greer. and Board s _ ~ .. ' )closed is'a petition from Greenbriar subdivision off S ,•College Road. near '±Monkey Junction'requesting extension of-the sewer system to 105 of 13,1;. homes in '''• our area (26 `newer homes have the' service)'. Phase I of the sewer ~exPansion was designated to include us but unfortunately funds were depleted.- Over the years many homeowners have had real problems with their septic systems, and now that more development has occurred around us, increased stormwater runoff is affecting septic systems even more. There is a unique situation here with sewers: a deep drop line for sewer service to a new subdivision just north of Greenbriar was installed through Greenbriar at that developer's expense. There are manholes and inlets at 'the. a cross streets for our eventual hookup.. .All we..need at this ,time,is-your approval to install sewer lines down each sfreet to tap into the deep line and complete the system. 105 families would be so grateful! I coumunicated with the County Manager and he indicated this item could be (~ on your November 6 meeting agenda. Sincerely, r Janet Durham, Board Member.. • Greenbriar Homeowners Assn. 5587 Wood Duck,Circle • -- -Wilmington, iv'C 28409 f ` Phone: 395-5587 (J C - `~~ _ . _ -. - ~ ...- .. s ~ ~ ~ _. ._ a 4 :~' a 7 ~ ~~~~~ ~~~~~ ~u ~~~~~ ~~~ . , ~ , jll+j 9 ~~ d ~' Ef~ ~ iJ .~~~ ~~ . .. .- I c .., .. .__. .. .. .. ....._.. .. ,.. , PE'T'ITION FOR INSTALI.A'f10N OF SE~VIIt SI7LVICIi IN GRI~VQRTAR homes in Greenbrier subdivision near Monkey Junction are years old and still using individual septic systems; and t line leas been installed through the subdivision to service de of Greenbrier, including Dr. Sobol's property ready for eat north of Greenbrier; and m the peru~anent line are situated at the crossroads of streets for future hookup; - NOW, T}iI7tL~tE, we the undersigned owners 'of property within Greenbrier - subdivision petition New Hanover County to extend ,sewer lines; as was expected in . -the approval of the original sewer bond issue, to those homes still using septic 9yst~. • ~~~. .~- nDDRFSs :j'S ~D l~'.~ S5 Zo G~cor °JN~r L'i~ct,~ 26 Z/ Q~~ ~-"~ J..~~ -~~o~.~ ~,~ ~ r' t3~o ~~ u,~,~c ~~t w-D. . 5Sd S /~-~.~.~^c c ec- ~ -~ ~~ I ~~~Lec~/GLCsG/ ,~.~, ;. sG~G Gcfo-~ S~~ l.~?~-~:.O,~~J~ F~~ y . '~~~L-~ S..S-~~ L~~fCGCl. ~~CIC ~`L. .; 1 .~ 1v~.h $D~ ~~nL ~-ore5~~ ~~~ -~ .- _ -..PETITION ,FOR INSTALLATION OF SF3YI3t SIItVICE IN GRL'FSIBRIAR ~ ; . ~..•: I I. UU • WHEREAS 105 of 1J1 homes in Greenbrier subdivision near Monkey Junction are between 12 and 20 years old, and. still using individual septic systemu; and •; :•i"~ WlIET2FAS a permanent line has been, installed through. the-subdiw is ion to_ service areas on Either side. of Greenbrier, including Dr. Sobol's property ready for , iumediate•development north of Greenbrier; and WIi1.1tFAS inlets from the permanent line are situated ai the crossroads of streets 3 . wi'thiri Greenbriar Por Puture hookup; ~ y NOWT 'I4iE7tIIIidltG, we th e undersigned owncrs_of property within Greenbrier. •. ~ _ suUiiivision petition New Hanover County, fo,extend sewer lines, as was expected in . .,. ..... the approval of the ociginnl sewer bond issue, .to those homes still, using septic s s t eais :' ' ~~ ADDR>:SS •~ ~ '' ..•.:. , Z~ ~tJ ~ ~~ ~ ~ :.~~ ice} :• . ,. ..: . ~7b~~ Z 'v c~ ~ _ / `` `~ :~1 T ' . . ... •~:~ . , ~~ ~ 9 ~: • •~::..:... PETITION FOR INSTALLATION OF SLWER SERVICE IN GRL~IBRIAR WHEItF~1S,lt)5 of 131 homes in Greenbriar subdivision near Monkey Junction are befween 12 and 20 years old and still using individual sep4ic systems; and WHFILC•i1S a permanent line has been installed through the subdivision to service areas on either side of Greenbriar, including Dr. Sobol's property ready for immediate 'development north of Greenbriar; and• • WHEREAS inlets from the: .permanent line are situated at the crossroads of streets within Greenbriar for future hookup; N(7W, 'I1~tGFOit1:, we the undersigned owners of properly within Greenbriar subdivision petition New Hanover County to extend sewer lines, as was expected in the .approval of the. original sewer bond issue, to those homes still using septic ~~ • system.S. • OWNER ADDRIss ~ r~ ~~ ~ .. i • , ~,` ~' •: `:: ~ ~: ~. • ~ •, .. .~: ~~~: . , ~ • r i ~.,. ~, r: ~' r ~, r; PETITION FOR INSTALLATION OF SEWIR SEiLVICE IN GRF:FNI3RIAR WHEREAS 105 of 151 homes in Greenbrier subdivision near Monkey Junction are between 12 and 20 years old and still using individual septic systems; and WHER.['AS a permanent line leas been installed tl~rougli ttie subdivision to service areas ron either side of Greenbrinr, including Dr. Sobol's property ready for irimediate:development north of Greenbrier; and WHERFI~S inlets from the permanent line are situated at the crossroads of streets within Greenbrier for future hookup; NOW, TIIIItFTbit1:, we the undersigned owners of property within Greenbrinr :subdivision petition New Hanover County to extend sewer lines, as was expected in the approval of the original sewer bond issue, to those homes still using septic systems. OWNER ~ ADDRESS ~,. 5 PL•TITION FUR INSTALLATION'OF SLWQL' SIILVICE IN GRIITIBRIAR WIIIItF~1S lOS.of 151 homes in Greenbriar sulxlivision near Monkey Junction are between 12 and 20 years old and still using individual septic systeuu; and A7iIItFi1S a permanent line has been installed through the sulxiivision to service areas on.either side of Greenbriar, including Dr. Sobol's property ready for immediate;development north of Greenbriar.,; and. WIIFRFi1S inlets from the permanent line arc situated~at'the crossroads of streets within Greenbriar for future hookup; NC7W, '17IIIt[~'Oftl;, we the undersigned owners of property within~Greenbriar subdivision petition New Hanover County to extend sewer lines, as was expected in the approval oP the original sewer bond issue, to those hones still using septic systems. (7WNIIt ADDRL'SS ~G /p ~~ .~~ ~ZC~ u . : .. ~ . •.~ _ iJ .~ . ..i__1 •'~~.. PEI'ITIOt•1 FOR INSTALLATION.. OF SLWIR SIItVICE IN GRLF7~IBRIAR WHFItFAS 105 of l~l.homes iit Greenbriar "sGlxlivision near Monkey Junction are between 12 and 20 years,old and still using individual septic systems; and WIIFItFi1S.a percunnent line has been installed through the subdivision to serJice areas on either side of Greenbriar', including Dr. Sobol's property ready for_ immediate`development north of Greenbriar; and WtiERFitS inlets from .the .permanent line are situated at the crossroads of streets within Greenbriar for future hookup; _ NOW, T1iIRETOIt1;,"we the undersigned owners of property within Greenbri~r- subdivision petition New Hanover County to extend sewer lines, ns was expected in the approval of the original sewer bond issue,. to those homes still using septic systems. OW^Il~t ADDRESS PETITION FOR .INSTALLATION OF SEINER SERVICE IN GR[~IBRIAR .: . FNt[ERCAS 105 of 131 homes in Greenbriar subdivision near Monkey Junction are between 12: and 20 years old and still using individual septic systems; and ,WFIEREAS a permanent line has been installed through the subdivision to service areas on either side of Greenbriar, including Dr. Sobol`s property .ready for i~aediato;development north of Greenbriar; and ~' W1iIItFs1S inlets from the permanent line are situated`at the crossroads of'streets within Greenbriar for future hookup; ~' N(7W;~ T1iI7tEFOR1:, we the iindersi~;ned'owners of property within Greenbriar. ''...subdivision petition New Hanover County to extend sewer lines, as was expected in ' the approval of the original sewed bond issue, to those Homes still using septic systans. ' • ..... .: OWNER annares -~m.~~ cal n _~ G~~ ~ ~K ~/ o `i ' . ... _ ( 7`~~~Q~z^F7la;(l 1~GY1/ti~. _ ~~~`% W CSO~ '~GGC~G ' .(~~/~' zrY~~~ i V: ,. t3oard of County Commissioners '. ` ~ THROUGH: Allen O'Neal 7~ivp,, .' . ~ ~ J FROM: Dave Weaver ., . Wyatt E. Blanchard~~ _ •_ RE:; ~ Establishment of Policy for Extending.. Sewer to Existing Subdivisions - ` The recenf decision by the Board to extend sewer to the North Bend subdivision in Middle Sound and he pending decision-to extend. sewer to Greenbriar subdivision, require the District to establish policies for consideration of sewer extension to existing residential areas in advance of . the sewer .plan .schedule. Staff recommends that.the following conditions be imposed in providing sewer to . Greenbriar: l : ~: Each resident will be required to hook on and to pay a $600 tap fee instead of the normal $200 tap fee. The increased tax fee was chosen because developers must ` ~ pay an additional fee of around $450 per new houseif the District sewer plan construction schedule is advanced for a specific project. • 2,- Greenbriar will not be able to receive sewer until the Motts Creek Interceptor • system is constructed in approximately 18 months. Greenbriar will discharge into this'Interceptor. - ' 3; Sewer capacity at the Southside Wastewater Treatment -Plant (SSWWTP) must be - available. The availability will be dependent upon timely construction of the Ogden Interceptor to shift~.SSWWTP load over to the~Northside WWTP. - ~ 4. No extensions shall be allowed if the District's unappropriated fund balance would dip below $2.0 million. Present fund balance is approximately $2.8 million which . .: would allow for approximately $800,000 to be used for the Greenbriar system. .Please feel free to contact us if you have any questions or comments. .. .1, ~ ~ .. f.' i~ i ' ~ 9 _ r f i .~ ~ ~ J. ' .. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS .. ITEMS OF BUSINESS PAGE . - ~ . ~ ~ ~ ~ ... - .. - NO. ~~ 1. Approval of minutes ~ 81 2. Approval of 1997 Schedule of Board Meetings 83 3. Adoption of proclamation recognizing the -week of November - 87 ' 10-16, 1996 as Youth Appreciation Week. in New Hanover County 4. Approval of Award of Request for Proposals (RFP) and approval 89 of contract #97-0130 for collection of child support by private Contractor. 5. - A royal of the followin NCDOT Road Additions pp g 105 South Branch Road and Buckeye Road Roads in Old Cape cod Subdivision/TidewaterPiantation Roads in Silver Creek Subdivision Roads in Santa Maria Subdivision 6. Ratification of appointment to the Area Board of Southeastern Center I15 7 l . A roya of Bud et Amendments: pp g ~ A. #97-0059 to appropriate fund balance fora $40;000 contribution 119 . ~ ~ to the Arboretum Foundation for construction of a Reception Center. Of this amount $15,000 was approved in FY94-95 and $25,000 in FY95-96 for a total funding commitment toward construction of the Reception Center at the Arboretum.. With approval of this - budget amendment, the funding will be appropriated in the FY96-97 budget. , ~ ~ B. #97-0061 to budget funds for the Cape Fear-River Corridor Study. 120 , Funding was approved by the Board on September 16, 1996 The Remaining Balance in the Contingencies Account is $243,471. ' C. #97-.0066 to bud et additional revenue due to an increase in the g 121 _ Title XIX (Medicaid) reimbursement rates for the Family Planning ~ clinic services effective July 1, 1996. The additional revenue will - be budgeted to cover the increased cost of birth control medications. 79 . _ - ._ _ ,~ 80 D. #97-12 to increase budget for additional revenue received 10/15/96. Federal Forfeited Property funds are budgeted as.received and must be used for law enforcement activities as the Sheriff deems necessary E. #97-13 to increase budget for additional revenue received 10/15/96 Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary ~. . , ,; .. .. _ , . i << .. , , . REQUEST FOR BOARD AC7CION Meeting Date: I1/U6/96 Regular Item #: Consent Item #: 1 Additional Item #: Department: Governing. Body Presenter: Lucie Harrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SUBJECT: `~ Approval of Minutes . `_ ,_ BRIEF SUMMARY: Approve the following minutes: Regular Meeting of October 21, 1996 Work Session on Draina e -October 21, 1996 g ~I . ~~ _ RECOMMENDED' MOTION AND REQUESTED ACTIONS: Approve the minutes FUNDING SOURCE: Federal S: State S: County S: User~Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: REVIEWED BY: LGL: FIN: BUD: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: i HR: ~_ COUNTY COMMI ~ N ROVED C~ APP ~' - REJECTED ® S REMOVED ' Refcr to Office Vision Bulletin Board for Disposition pOSTpONE DATE l ;REQUEST FOR BOARD ACTION - Meeting Date: ll./06/95 Regular Item #: Consent Item #: 2 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SUBJECT: - ~~' 1997 Schedule of Board -Meetin s g BRIEF SUMMARY: - N • Approval of 1997 Schedule of New Hanover County Board of Commissioners meetings • .. ,: ' ~j '".. ~' ~+ - 'RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve schedule of meetings '- ~. ' FUNDING SOURCE: - Federal S: State S: County S: User Fees $: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: REVIEWED BY: " ~ LGL: FIN: " COUNTY MANAGER'S COMMENTS Approve 1997 schedule of board meetings. 1 1 BUD: HR: ~ ~ __~., COUNTY COMMISSIONERS APPROVED ~_ 8, 3 REJECTED L7 REMOVED C] Refer to Office Vision Bulletin Board for Disposition POSTPONE Q DATE ~ _ NEW HANO VER COUNTY BOARD OF C.OMM/SS/ONERS 7997 SCHEDULE OF REGULAR MEET/NGS • MEET/NG -PLACE.• NEW ~HANOVER- 000NTY COURTHOUSE . 24 N. THIRD STREET, ROOM 301; W/LM/NGTON, N. C. - t _ _ __ ---- Monday, January 6, 1997 .....................6:30 P. M. Tuesday, January 21, 1997 ................ .9:00 A. M. Monday, February 3, 1997 ....................6:30 P. M. Monday, February 17, 1997 ............. . . .. . .9:00 A. M. . ; .. .. Monday, March 10, 1997 .....................6:30 P. M. Monday, March 24, 1997 .. . ..................9:00 A. M. Monday, April 7, 1997 ..................... .6.•30 P. M. Monday, April 21, 1997 ......................9:00 A. M. Monday, May 5, 1997 .......................6:30 P. M. Monday, May 19, 1997 ......................9:00 A. M. Monday, June 2, 1997. ..... ... .........6:30 P. M. Monday, June 16, 1997 ..:.......:....... ..9:00 A. M. Monday, July 7, 1997 .......................6:30 P. M. Monday, Ju/y 21, 1997 .......................9:00 A. M. Monday, August 4, 1997 .....................6:30 P. M. Monday, August 18, 1997 ....................9:00 A. M. Tuesday, September 2, 1997....... .......... 6:30 P. M. _ __ _..Monday, September 15, 1997._..................... 9:00 A. NI. Monday, October 6, 1997 . ..................... 6:30 P. M. Monday, October 20, 1997 ...~ .~ ................ 9:OO~A.N1: Monday, November 3, 1997 ................... 6:30 P. M. Monday, November 17, 1997 .. ... .. 9:00 A:IVI. a. Monday, -December 1, 1997 ...... ~.. ~.... ~....... 6: 30 P. M. Monday, December' 15, 1997 ..... ........ .9:00 A. iVl. ~ _ Conferences: NACo Legislative Conference, Washington, OC -February 28 -March 4, 1997 rNC-ACC^~L~egisladt,,i-vae Briefing, Raleigh, NC -May 7, 1997 tJ 8 ^ NA`Co 62nd.Annual Conference, Baltimore, MD -July 11-15, 1997 y- ~ ~~c~~~F~~~~ NCACC Annual Conference, Greensboro, NC -August 14-17, 1997 ~ ~~'~~" ~ ~A O) N ~ N Q) t0 N (7 ~ ~7 pp.N ~ ..-WtoNN ' ' 'I-. N O ~~ N C9 ~ n ~ N N - ~ 3 N Cf ~D N ~ QI ~ to N- N N F- O N N a f"' ~ .- ~ N ,n ~ N N ~ O~®N ~ f0 N N ~ f7 Otf~IN C"1 `~~ 1111----~~--i1i1 ~. O • T"'1 ~ ~ ~ N N LL N N Of ~D N f" ~ ~ N N ~ ~ m> N ~ ~ N ~O > pQ~~ ~~ .~-- N N O. ~ f- O O~ ~D N Ch U ~ F- ^ .- N N ^~ONN ~ O~NN ~ n .~~- N. N ~ ~ .- ~ N C C C vl C C C •~ . . T""1 Q) ~ ~ t-w .~ ~ Q~ .~ ~ G~ ~. - ~ O O Q 0 0 ~ O O- y CO W ' +-~ C7 ~q l~ CQ ~ ~ L1. `d `d U ° `a~ ~O d `~ N .. U ~ ~~ ~~ z ~~ Q _ ~a ~a as ~, ~ n ~ E a O ~ °o . °S °S moo; ~~ ~~ O .~ ,~ ~ :o wen v c c U C3 a `d ~ `a `d a i-. O c-s ~ ~ a~ ~ ~ ~ ~ ti rT cD c-0 W GO cD ~. a ~ a ~.. EE•- F C m n tz. q .~ O O O O ' ~ C'1 O C1 O ~ b a\~O Q\ < ^^,, z ~~ ~~ W ~N ~~r~ ~, ~ ~ ~ N l1 ~ ~ N ~ cD ~ _~ N N 3 N N Q) N m O ~~ N ~ N O) ~D N CO GO C C ti ~ q W c~ `d ~~ ~a n. e o ~, ~a ._. ^ co :-0 C j ~'~~~~~ C C C O ~ ~ .--. o o ~ %. e p, U U U U u u u u ~q >>>> ~~: U U U U < < C 6 ~ a zzzz -c+.o-v ON c c c c p._ ~~ ~a~ 1~w ~. ~ 1~-• .Q ~ W q W ~ ~ W ~LO ~ ~ ~ ~Q ~ ti 7 O 7 ~ 7 v U c~0 ~ Op 0.; ~. LL' r R'. E E a m ~ .~ 8. O O ('1 O O U O. C'1 C O ~O D\ b U O~ z I~ CV h ~ O~ Cn ^~~ N.~ l1 ^ ~ N N _ ~ ~ ~ N N ~ 3 ~NO)lD p N T ~ ~ O N N N~^N~`f VN ~ - ~O) tD N N ~ ~ ~ ~ N LL. f7 ~^- N C7 E..,, N rn ~ c~ O ~ r~~~~ ~ ^ ~ N N m p 9 N ~ ~ N > 7 ~--' V ~ CO N ~ ©~N ~ N ~taN 0 ~O ~ `°~RN lL ~ ~ O N ~ N ~ r. ~,., ''t ~ W M m ~- N ~ ~ f`7 O ~ N C'7 U . p V ~d N N ~ ^ ~ N + -- N ooaoo ~~~~~~ ~ ~~~~~~~ ~~d~~~~ v ~ .9 .9 a .9 .9 ~ ~ ~~~~~~~ ~ ~~~~~~~ Q ~~`d`~`d`d ~ CgSUCgU~ o~~~~~g ~ < < < < < A zzzzz _. ... N c o0 ~ ~ 0 0 w m ~ ~ ti U cx x a~ O O t~ O ~O D\ N `D ~ ~ ^ O) (O N ~ v .- co ~n N ~ N O) ~D N 0 1 ( 7 O .~- B N ~ p ~ ~ N N ~' ('~ O ^ N rJ ~ N O) lD (`7 O N ( h N Q ~ s.> ~ ~ ^ _ ~ > N N ~" p ~ ~ N N O~~N ~ ~ ~ N . ~ 8868 0o JS ~ ~ JI eo ,c b 8 S b ,c sss9' ~~~~3~ 'fl ®®®®'fl ~ ~ ~ ~ ~ ~ ~~'~~~~p ~ ~UCgUtg~ E ~~~~ p U U U U ~ U U U U g ~ UUUUO~ zzzz ~ n ~ N . - N V' p ~ .N- N N f:.. -~ N~ O N m 3 er ~ c0 N j F (7 O 7 A OO`~ ~ .-- ~ ~ N A t 1 1 1 1 1 1 1 1 1 1 f l f 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 11/06%96 Regular Item #: Consent Item #: 3 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SUBJECT: - Proclamation: Youth Appreciation Week BRIEF SUMMARY: The Optimist Club of Cape Fear is requesting the Board to proclaim the week of November 10-16,:1996 as Youth Appreciation Week in New Hanover • County. ~ - RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption. of proclamation FUNDING. SOURCE: Federal S:. State S: County S: .User Fees S: Other S: Money Is In Current Budget: lYew Appropriation Request: Budget Amendment Pre ared: COUNTY COMMISSIO~IER~ APPROVED [Y,a . REJECTED ® ~ g 7 .REMOVED O Referao OfficrVisiorr$ulle[in Board for Disposition POCJTPONE~ r[a~~gq ~((y~j(,.^n. DATE ~L~~'``6A/Y~l, 1\Li 1'1li •7 L'L L l ~~ LGL: FIN: BUD: HR: . dew ~Canover Coun~ Board o -Comrrisslorters .. ~ .:....f .. ~ocfumation ~ ~ .. . - .. .. _.~ . .WHEREAS, the vast majority, .of the, youth are ~concerned;~ .~ .. knowledgeable and responsible citizens; and- . ~ ~. ~ ~ ~ . _ ~....:.. _ . . WHEREAS, the accomplishments and achievements, of the young.... .citizens deserve recognition and praise of the elders; and ~ ~ ~. - WHEREAS, Optimist International has since 1954 developed and - promoted a program entitled Youth Appreciation Week. _ . ~ .NOW, THEREFORE, the. New ~ Hanover ..County Board ~~of :.Commissioners hereby proclaims the week of November 10-1~6, 1996;:. as .~: ~_ ~ .: ~ : SOUTH APPRECIATION WEEK -`: ~: ~= ~~ ..:. ~ -.~. ~~: . in New Hanover County and encourages all citizens to join; with the-~ ~. Optimist Club of Cape Fear in expressing appreciation and approval of , the contribution of the youth. By this action, let it be known that we have faith in' the ability of today's youth as they assume responsible roles in the future of mankind..... :. ..~. _ .. .. ... ... . ~ ~ ~ ~ ., Adopted this the 6th day of November, 1996. . ~ Robert.G. Greer,,-Chairman, .~ . .. Attest: - . Clerk tohe'~Boar~d~~ gg - ~~ ~.. ~~^ .r .. . REQUEST FOR BOARD ACTION ' IYleeting Date: 11/06/96. Regular Item #: - Consent Item #: 4 Additional Item #: Department:- Social Services Presenter: Pa e Count In A enda Packa e: Contact: Am Akin SUBJECT: .Award of Request for Proposals (RFP) and approval of contract #97-0130 for collection of child support by private contractor. ' BRIEF SUMMARY: ", .Two 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 David M. Griffith & Associates, Ltd. 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 Gloria W. Oliver, Chairman Board of DSS , 3. summary of proposals ~; 4. draft contract (exhibits on fide in County Attorney's Office due to the lengthiness of exhibits) RECOMMENDED MOTION AND REQUESTED ACTIQNS: Staff forwards the recommendation of the Board of Social Services to award RFP for child support collection to David M. Griffith & Associates, LTD, at a percentage rate for service per collection of I8 percent. Staff has formulated the recommendation in the standard resolution format and the draft contract ' is also attached (less exhibits) for approval. ~~ _ . " . ,~ ~f, h'UNDING SOURCE: " Federal S: 89,760 State S: .County S: 46,240 User Fees S: Other S: Money Is In Current Budget: Yes 1~'ew Appropriation Request: No Bud et Amendment Pre ared: No REVIEWED BY: ;~ LGL: FIN: COUNTY MANAGER'S C Approve contract #97-0.130 }~ C~ ~~ " ~, " ~. BUD: APP CGRIFFIN HR: Refer to Office Vision Bulletin Board for Disposition COUNTY COf~MISSIQNE APPR®VED REJECTED ® ~~ 89 REMOVED C~ POSTPONED DATE ~. ~ ~~ ~RESOuTION-. _... OF~THE a _ - - ... BOARD OF COMMISSIONERS .;~. OF NEW HANOVER COUNTY ,WHEREAS, after due advertisement, bids :were received and publicly opened by the Finance. Department at 3:00 p. m., on the 18th day.of September, 1996, at the County. Administration Building,- 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for collection ~of child support by private contractor for the Social Services Department, RFP # 97-0130: ~ • . - . . ... ~ , ., ~ ~ . . .. -~~ . . , p } . Percentage Rate for ; .. Service per Collection Credit Consultants of Central Carolina ~1.7%' • - -. David M. Griffith & Associates,.Ltd. ~ . 18% • AND WHEREAS, after evaluating all proposals, the New Hanover County Board of Social Services has voted to recommend award of contract to David M. Griffith & Associates, I;td, at a • percentage rate for service per collectton~of eighteen percent;(18%); _ _ AND WHEREAS, funds have-been previously,.appropriated and are now in Account No. `T1-0-530-5350-3700 to cover this contract; NOW; THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for collection of child,support by private contractor, for the Social Services Department, RFP # 97-0130 be awarded to David M. Griffith & Associates, Ltd., at a percentage rate for service per collection of eighteen percent (18%); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney..; . ~. r This 6th day of November, 1996. ; _ t (SEAL) 4 ., • Chairman, Board of County. Commissioners• ATTEST: Clerk_to.~the~B:oa~rd~ ~~~ ~~~~~A ~~~>~ ... . , ,, :, NE`N HANOVER COUNTY . ~ INTER-OFFICE MEMO.., :~: ~:~.: ~:: ~ .. ,,........:.:: ...~r~::.::....~ .:~:.. ~.., ~.:~.:.. TO:~ Amy Akin, Purchasing Agent . ~ New Hanover County Finance Office FROM:. ~ Gloria W. Oliver, Chairman " New Hanover County Board of So ial Services. ~~- - ctober 23 .1996 . DATE: 0 ~ RE: --- Contract for"Collection. of Child Support +~: . i- ~,'At our meeting. on October 23, 1996, the New Hanover County ~, Board of Social Services voted to recommend-that the .Board of County Commissioners of New Hanover County award a contract to David M. Griffith & Associates, LTD for the collection of child ~, support as specified~in the Request for Proposals n97-0130. Priv.12A ~I ~ - _ , ~`~ ' ~ , ~! ~, ~ - 1~ ~ ~ ' .. ~ 91 ,~r_. ...~__ _.. _. . _ - _. ...... _ .. _ __ _ . 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New Hanover County Contract # 97 ,- 0130 NORTH GAROLfNA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day ' of - 1996, by and between NEW HANOVER COUNTY, a political subdivision of ths~ State of North Carolina, hereinafter referred to as "County"; and DAVID. M. GRIFFITH & ASSOCIATES, LTD., a foreign corporation organized under the laws of the State of Illinois hereinafter referred to as "Contractor". WITNESSETH: _ ~, WHEREAS, County advertised .for proposals for collection of child support by private contractor for the Social Services Department, RFP #97-0130, and bids we're received and opened as required by law; and WHEREAS, after careful consideration of the bid ro osal submitted b P P y .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 ~~ proposal. _.. - ~ NOW, THEREFORE, in consideration of the mutual benefits inurin to the `~' 9 parties hereto, said parties covenant and agree as follows: .1. Performance. Contractor agrees to perform all the duties and L~ obligations set forth `in the RFP Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit "A"; and . Contractor's Pro osal, marked Exhibit "B"; attached hereto and made art of this P P ~. _ . 96 = 1 t i 1 1 t New Hanover County Contract # 97 - 0130 contract. as though fully written herein. - 2. Term. This. contract shall. commence on January. 1, 1997; and shall _ continue until December 31,-1997. This contract is. contingent upon -receipt of federal funding.; any reduction or withdrawal of.furiding 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 asset forth herein. - ~ ~ -~ -~ } 3. Paxment for Collections. Upon. receipt of the .monthly. service_ statement for the prior month's service County shall-make payment to the Contractor within thirty (30) days. The Contractor. shall be paid a commission based on payments received on cases referred to Contractor for collection with the exception of Federal and/or State income tax or unemployment compensation intercept processes. Also, the commission will be limited. to and based on the flat rate percentage quoted in the Contractor's Proposal multiplied by the total amount of referred debt collected. The percentage fee shall be the-sole compensation paid to the Contractor. Contractor shall not be paid commission on payments received from tax or unemployment compensation intercepts. No fee shalt. be ,paid on debtor payments made or received after the expiration or termination of this contract except as follows: In those cases in which- the Contractor has -provided information that has allowed. the NHCDSS to successfully establish continuous wage withholding, fees will be paid on collection until the referred debt is satisfed or payments are interrupted or twelve (12) months elapses after the first termination of the contract, whichever comes first. 4.- ~IndemnitY. Contractor shall indemnify and hold the State of North Carolina and New Hanover County, their agents and employees, harmless against any 2 97 ' New Hanover-..County Contract # 97 - 0130 and all claims, demands, causes of action, or other liability, including. attorney fees, on account of personai• injuries ,or .death or on account of property damages real or personal, `tangible or intangible arising out of or. relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or.omission of Contractor, his agents; :employees and subcontractors., .~. _~ ~.. ~ 5: Insurance. Contractor shall maintaininsurance from companies licensed to write business in North Carolina and acceptable to New Hanover County, of the kinds and minimum,amounts specified_below-. • _ . _ - 6. Certificates and' Notice •of Cancellation. Before commencing work under this contract, Contractor. shall furnish County witfi~ certificates of all,~oinsurance required below. Certificates shall.. indicafe the type., amount, class of operations covered, effective:date and expiration date of all. policies; •and shall contain the following statement: , _ ~, .. The insurance covered by-this certificate wiU.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:Norfh 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 ocdisease. ~ ~ v , _ 8. Commercial~General Liability'. Including coverage for. independent contractor operations, contractual liability assumed.underthe provisions of-this. contract, products/completed operations )iabifity. and broad. form; property damage liability • --~ ~ , 98~ ~' NEw Hanover County Contract # 97 - 0130 insurance coverage.- 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. New Hanover County shall be named as an additiona 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. Blanket Employee Dishonesty Bond Protection. Applicable to ""' ~ loss or loss from dama e to a merits collected resulting. from dishonest acts 9 P Y ,~ 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 Contractor, New Hanover County shall, be included as an obligee under this protection. `~ 11. Default and Termination. If Contractor materiall breaches an Y Y ,~ one ofthe terms or conditions contained in this contract, County may terminate this contract forthwith.. Upon termination, County rnay, 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 ma become due to Contractor. If funds for this ro ram are terminated or Y P 9 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 wriften notice to the other party. ~. . 4 99 New-Hanover County Contract # 97 - 0130 12. Nori-Waiver of Rights:, It is agreed that~:County's failure to insist upon the strict performance of any provision of this contract or to exercise any right based' upon "a breach thereof, or the'acceptance`of any'performance duringsuch breach, shall not constitute a waiver of any rights under this contract. - . _.. ' ~ 13. Subcontractors. Contractor shalLbe fully responsible for all negligent acfs and omissions of his' or her subcontractors and ~of persons and :~ . organizations employed by them to the same extent that Contractor would be-~- "'- :~ responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization 'h'aving ~a direct contract~with Contractor, nor shall it create any' obligation on the part of County to pay any money due any such subcontractor or other person or organization; except as may otherwise be required by law. . - 14: Assignment. The parties mutually agree that this contract is not ' assignable and shall not be assigned by`either party without the~written consent of`the other party grid the surety to this contract: ' ' ~ _. ' 15: Non-Discriminatiori. `Contractor will take afFirmafive action "not to discriminate against any employee'or applicant for'employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this contracf because of age; race, creed,:color, sex, age; disability or national origin. "To~ the extent applicable, Contractor wi11 comply with all provisions of Executive Order No. 11246, the Givil Rights Acts of 1964{P:L. 88-352) and 1968 (P:L: 90-254); and all applicable Federal, State and local laws, ordinances, rules, regulation's, orders, "'~ instructions, designations and other directivespromulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this'agreement~and' 1 0 O r„ J r r 1 1 New Hanover Count}' Contract # 97 - 0130 may result, at County's option, in a termination or suspension of this agreement in whole or in part. 16: Familiarity with Laws. The Contractorspecificaliy acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed . in the work of the project, or the materials or equipment in or about such work, or in any r d. 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 any provisions in the Contract Documents which are. contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed until he has received written direction from the County with respect to these. items. If the 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. Ail notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or ad"dresses as may hereafter be designated by either party by mailing of written notice of ''~-' such chart e of address b Re istered Mail .Return Recei t Re uested: 9 Y 9 P q To County: `I~" ~. '~+ New .Hanover County Department of Social Services. Attention: F. Wayne Morris, Director 1650 Greenfield Street Wilmington, NC 28401 6 New Hanover County Contract # 97 - 0130 To. Contractor:.. , David M. Griffith & Associates, LTD. Attention: Tim McKinnie ~--~ ~ 1100 •Logger Court -Suite D-100 ~ ~• Raleigh, North Carolina 27609 • ;• _ f, 18. Independent Contractor. It is mutually understood and agreed that - ~~ ~ - ~ .. Contractor is an independent contractor and note an agent of County, and as such, Contractor, his or her agents and employees sha11 not be entitledf to any County ' employment benefits, such as, but not limited to, vacation, sick 'leave,. insurance, worker's compensation, or pension or retirement benefits. 19. Interpretation. All of the terms and conditions contained' in the ...,: .. _ contract documents shall be interpreted in accordance with the laws of the State of North Carolina. 20. Entire Understanding. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract ~ shall be effective unless evidenced by a signed writing. ... IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. • ;~ -NEW HANOVER~CO,UNTY [SEAL] _ ~ ~ ~ . _ .. ~ . . Robert G. Greer, Chairman - Board of Commissioners ATTEST:. Clerk to the Board 102 r ``'' [CORPORATE SEAL) New Hanover.County Contract # 97 - 0130 DAVID M. GRIFFITH & ASSOCIATES, LTD r~ ~, ATTEST: -~ Secretary - . - ,~~ This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. ~' Count Finance Director .., Y Approved as to form: ounty Attorney NORTH CAROLINA NEW HANOVER~COUNTY ~` I, a Notary. Public of the State_ anal 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 ofi`icial seal, this day of , ` . - New-:Hanover County Contract # 97 - 0130 STATE OF - . COUNTY OF I, ~ a Notary Public of the State and County aforesaid,. certify that personally came before me this day and acknowledged that (s)he is Secretary of DAVID M. GRIFFITH & ASSOCIATES, LTD., a foreign corporation organized under the laws of the State of Illinois, 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: - 104 9 ~\• REQUEST FOR BOARD ACTION Meeting Date: 11/06/96 ~- ~~~ ~ . ,~. Zegular Item #: Consent Item #: 5 Additional Item #: ~epartrnent: Governing Body Presenter: Lucie Harrell 'age Count In Agenda Package: Contact: Lucie Harrell t . ,~' SUBJECT• . NCDOT Road Additions ~- BRIEF SUMMARY: _. .d . -Adopt resolutions adding the following roads to the State Highway,System: ~' South Branch Road and Buckeye Road `~' Roads in OId Cape Cod Subdivision/Tidewater Plantation • Roads in Silver Creek Subdivision, ,~> Roads in Santa Maria Subdivision ~ ~ ~ • . ... .. RECOMMEN)E) MOTI)N AN) RE~(TESTE) AC •N Adopt resolutions .. ,~, • w k'UNDII~TG SOURCE: Federal S: State $: County S: User Fees S: .Other S: ~' Money Is In Current Budget: ~ New Appropriation Request: ~, Bud et Amendment Pre ared: REVIEWED BY: ~~ LGL: ~ ~ FIN: BUD: ~ HR: ' C UNTI' MAN ER' M NT A D R MM NDATI N ~, Approve road additions. >~\ - COUNTY COMMI;C~ONER~ APPROVED C~'~ - REJECTED O ~ O 5 ' ~~~ REMOVED O -POSTPONED Refer to Office Vision Bulletin Board for Dispositi~ATE ~ ~' , ~` NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION IGH ETITION DIVISION, OF H WAYS P .. North Carolina ~._ .. t _ ~~ County of ~ New Hanover .. _ - Petition re uest for check one : ddition to State System (r~}~ ' ' q ( . .. Paving`'( ~ _ 4 ~ _ _. .;. ,. . Maintenance improvement (~}! ~ ~~~°~ We the and ~rsJ'gned, being property, owners on /,3~~ ~50cc~h ~ ~G~.jic~t I~-~~ U....(' ~~~~.p f1C~ . (Describe or give local name or Secondary Road Numbers in v New Hanover County do hereby request the Division of ,Highways of the ~' Department of Transportation_to-. the above=descri6ed~r~.nG- . _ n VVe further advise that tt~e roa reg~e~ted. t~ ~~ u ' ' . ~s ~ ~/~{- m12. miles in length and at the present time there are I occupied homes located on the road and having- entrances into the road. - ~ ~ ~ '~~ r' Finally, we agree to dedicate to the Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the, right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate, additional right-of-way{ in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted.to us by representatives of the Division of Highways. ~ - ..... . ., REMARKS Four copies of reco subdivision plat enclosed if pplicable. ~~ i.-- i Cv - - PROPERTY OWNERS. ~ ' NAME =MAILING ADDRESS TELEPHONE , -~ . ,,.. __ _. .. - The Division of Highways should contact the first petitioner listed below: .. . -- _ _ . , - _ ~~ • - - a~w,y~~.~__ ~r~ r~nnn~D 'L~.~I S749Y6'b'9fR ~.~ ~ ~ ~~ - -- QQ 0 1996 ~~ ~~~~&~~~b~t~ ~' Revised Form~STR-1 (5-83).. All p~ev;~ous forms obsolete. `~rW HANOVER CO. ~, G~ COMMISSIONERS ' 4 C ~ AN T4710N ,S. RO. ~ `* t / / w u ~ p0 qI O,p a f r O,~t' ci. ~y, ~ qr~ ~ ~. ~ nRiv: 1 F f ~f .905,2 PO G ,f90,c i // ~e O o / ~ o ~°. a G6°f _ .D < '~ QC O P 4 Y ~ y ~O L I / ./ / O ew 1 ~T~; . \~ ~ ~~ °~ ~ ~ ~ ~ ~ cRO,, v } ~ .. Pa / / ~ ,~2 ` ~~ .a +, ~o - Syf f90 ti= o ~ // o r,~ / ~~ ~l=f /// G~OQ,6 / ~; "~ Dll'NORTH RO ~' <y L ~+~ Q ~- •Y s `P rS pD F /~ J ~ P4.~" ipQp ~ 1 ns. /^ / C ~•- q' a+ D C cry ~ _ r `~F' ~~ 0P I Bq~ fff ` ~~, ~ o ..CR f °9 i P ~. ySr~ 7 2 R~ PO 0' of~ ? 4 ~ / ?>y r o wL ~~ h ' r ~ ~ v p. O C r.. J '~ . r Nu.. . c.`' ~ h ~. - DCmv :• P OR R7J4 ~/ QTO~ ..L Vq? ' ,. . „ F ~ o a ~ w~. t ~ p 9 df P 49 ? . _ 5` o P ° ~IGCV. ~ ~M „or. ie ,00 ~9 y~F, y ~ / ~ 9 ~r `?,q w 1 qC ~ cr ,iy r~ M t.~• 4~ ct n~~, 4 ` ~ CL~ yfRSa ro G f 4'~-J~~ ' L ,~, r. f ... fy 4 '//~ l0 ~ °~K9yf ` "t'^ 4 y° ~ ~ ~ ~~~'y~' fSf ~.. / 1 r //,,J~' ° ~ ~j/ ~ 4a y / eq, r .. / ~~r* ` cC q f. ct ~./// ~ // f ~ cuE •• / Y +P~• / i / G y ~ ~O~ O O 8Q t lDRT1N ~~, d ~ h ~ I OR r= E / t• ~ ~ ~3 ~< ~ 6 = N1p1JRR L~ T9 .yr V = C ~ ~ 5 .+ 5 R .'/ ~~ ~ l ` - ry =o ~ , ~ LY< $qCT VI ~ IOX TDX - ~•r' P/ :~ >• a - '~ ~ RlppC ~ pF Pt t - Rt.1C[ LAN ~~~ i crK ,'. 1 N ~ . ~` yO ['G n pCN D ~/.L fT [LKPI r ~ / P~ Oa C LLOMY OWL CT yyL•1f~ ~ ~ ~ ,lr~ •< ~l1'f'p1 1CRINJNAV q ~ p ~ JO£ ~4. y? r ~,F.,,.. (° 5 w i ^~T.. i^ $ibl• N ~ X01. / '` ~.. NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION z~, DIVISION OF HIGHWAYS PETITION North Carolina County of New Hanover t S ~ '~ ys em ( Petition request for (check one): Addition to State , Paving' O ' - . ~ Maintenance Improvement, O We'the undersigned, being ..property owners on S ex..~he.~r'^ ~CP cs~r~ (Describe or give local name or Secondary_.Road Number): in New Hanover County'do hereby request the Division of,Hlghways of the Department of Transportation to ' o,dd {~ ~~-~c_. 5~_the above-described road. . ~ ~~ - ~~ 1 We further advise. that the road requested. to ~.. A.c~c~ Is .user-in - length and at the present time there are ~ occupied homes located on the road and having entrarises into the road. : ' ~ , we agree to dedicate to the Division of Highways aright-of=way of the necessary ' Finally :~~ E , width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length .of the road -that is requested to be ~ Improved and will include the necessary areas outside the right-of-way for cut and fill slopes and ,. _ drainage.. Also, we ~ag~ee to dedicate additional, right of-'way Iri the, public road, lhtersections for sight distance, and design purposes and to execute said•right-of-way agreement-forms that will be subrnitted.to us. by representatives of tte:D,ivislon of Highways. , _ , . .. ~ ~ ~ REMARKS . _ ~ ~ _ ~.;: - Four copies of recorded. bdivision lat closed if applicable. _ ' . , / . ~ ~ .. u:-~, _ y ` ~. ... .PROPERTY OWNERS . .. . .. .;.~ ' NAME ~ MAILING ADDRESS ~ . ~ TELEPHONE .. . ~ . ~' The Division of Highways should contact the first petitioner-listed below: ~ ~ ~ , ,~ • S ci •~ c.n b ~- ~,J~;1 ~.,..,~-~-~.~-+ S~~r-J ~ ec. Corp . ,-1 `31- t19 (,~~ ~ , . ~ _ P . O '~ oil ~ 1 X0-7 'VJ~'..1 -•,.~: ~c ~-~ t.1. C ~ a~`1~~0 - . , _ a «~ . ~ i ~ ~ ~ [~~ r~ nr~n n ~ ~ t - ~ _ . 996 ~~ , ,. Revised Foam SR-1 (5-83). All previous •forms obsolete: NEW HANOVER CO. ~. . . ~ ~ ~ - M ~ ~ i• ~ RU. Dw• '~ f ~ RD OR, ' / .~ 1J~=PIMt Q ~ ~Q ~ J .~ a7 G't' to owne YQ ~e L -i,- ~ I ~ ~. DT, t ~ ~' D~Of FD. ~ 8 C ^~f Rp ~ 1f ~5 >. 3 '. $ R0.1D wL.X y ,7 _ ~/ ~ ~ ~ ~A GwWE Q ggNp~~~d ~~ RLO TS wID9E RO ~ ro[LA~ / ~ ' 1 %1101y CT. // d=G ' ~ MEA7nCiFF ip, O &. .. J _ 3 ~ PO, o , ~, a • MI~r %Opf //, ~IYt ,~' .. 7 J 3 S_ - /~ J • VAT Q I O: O D W M ~ ... ' z ~ ~~ RD. ~/ Z ~ ~ ~2f ~d ? fOR[T . / `iK r ly~~! ~ . 0 S' > V a `Aft ~E.4N , / b11 ~' / ~ ]ALI[wa wp Ci Lw / ¢ F~MJ~ YAILCT rAl% x p/ n.L ['r atR~ Da . • i n .. ly ("~ ~~ \~ 1. uLt7 ro+~rt cw Ao.L F~ +a z aAa~o cwwT i wLt.['T ~ n t 'r+"'+ • U•'C I l TARrOM DQVC _ 1 7, rorrAMO 4wt 8 l ]Gl wWIM LVUxT ~ -~. ~~ IO.XA U _ ~ 1 - // ~ / - DAP alv0 ~ ~ .'I Lin%31DER. ~ f ~ Y~ COST / ,g p a • .. ~w v~lT U J W C iI T JiRlIT ~wI CN . TAdfT7rAN R. _ . VTIUL R • - - . SfO~ Y ~ r"m~ ML1S1 LE Fta. .. ~ D A ~ r 'r: 1 b• ~~ r ' _ ~ t ~ a v 1 r 1'd ~cr 4 ,,~.-r. .E .. < D, TS ~ j ~ - ~otwa ~ f MHO F~Dq . ' S • Ada K. ~~ N 'L+~ ~ .L` O _ ~.~' bpi 4R C - r ~'.F ,~ L ~~ t i. ~ •~` •10 ~- ~-: ~ w nr :~ • ihL n Avc oyh~r r. _~ %keuncnE s fN LA. i ~ :. }~Enne7H ~ _ _ ~ .,r z5 OM AK I.Itw^PItR[ s<Ypp .` _ T .. ~~ '' // /o R „• NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION ,~~ DIVISION OF HIGHWAYS PETITION . ~ , Nort'fi Carolina,. , . .County of. New Hanover ~ r.. - -.i { ,`. ~. ~ ~' Petition request for (check one): Additio^ to State Systemp(~ ` ' - - ~ . ,Raving O _ .. - _` ~ ~ ~. . „ .Maintenance Improvement O _ -. • ~; _... _. - a ~ ~ e undersigned, being property .owners on S-Z-S,n•~'~,-,e. ~~~e., l~o.~ ' ~ - . ~ (Describe?or give local name or Secondary Road Number) in ~ New Hanover .. County do hereby request the Division of Highways of the :°. Department of Transportation to 5 ~ the above-described-road ,` . - - ... .._ ~ , ,: _. . We further advise that. the road requested to'~ Ad~ is ~~S ~~ in ' 1 ~ ~' length and at tFie. present time there are -~- `<occupie,d homes located on the road and having, ~~ ~. entrances into the road. . _• ~ . _ _ .. _- Finally,.we agree"to dedicate.to the Division of Highways aright-of-way of the necessary - width to construct the road to the minimum construction standards required by tfie ..Division of ` Highways.. This right-of-way, wilt. extend: the entire ,length of the°road. that is requested, to, be ~. improved and will include the necessary.areas ;outside, fhe right-of-way.for cut and fill slopes and . ,- .~ drainage. Also, we_ agree to dedicate additional ,right-of-way in the public road intersections .for sight distance and design purposes and to execute said`•right-of-way agreement forms-.that will: be submitted to us by~representatives of the Division of Highways~,~ - . - '~ - REMARKS ' ~ t Four copies; of recorded subdivision plat, enclosed if applicable. \ ~ ~ ,;~ Sg~r-,' ne. ~.S~s~ ~ lA~~-~ ~,"a,"~'~ • ~ 32 ~~ o~~- ~~ V.~O-~/ ~ 1 r ~ "~~ ~rnn PROPERTY OWNERS ~ - • NAME • MAILING.ADDRESS ~ ~• TELEPHONE The Division of Highways should contact the first petitioner listed below: . , ~, . . ~t~..IL~~~,.~' ~ 1 ~; , n a ~trn ' S ter- ~ ~ c.~~..~~.r p -1 ~}, - 1 1 Q ~ ,. _ ~ ~~ . _ .. .. ~ ~ ... ~~~ ~ . . _ . , _ _ Oi7•~ . _ 0 9 ~, Revised Form SR-1 (5 83). All previous forms obsolete.. 1996 .. , "'r;vFpc ~'''/yyy LVCMTVORII R. `. .• •. ;y {~. ~ ~ J f°i"~,~ w f• D • )` 1.NCAd LLT R. ~} C p/o W l A C. b.(~, q. Y VIR'rl t1D R ~ ~ ~ J ~ !. AA KIIRDM Tt:JYMt[ t ^ .~ G-LTR RrD00 yl. ~w. y ~~ / ~ c. r d' d ~ 'rlpy3RD ¢ a ~~' vCb ~~ G~ R •*T • u \ ~Y[ r~• ', V`y/' ~ ~ b~ R O"~ IOII[IaN C'ORT U G CT ~~. ~ ~ 9 1orrL[T ~ ~ ~.Z °4 Tt~ s ~WNG , ~ /~ ~ y, d" ~ ~o- t V ~ ~•• ~ Ncoo. Gv ~ ~ .~ ~ d, ...e =`y 3 ~. .P ~N,y~ ~ jq G9 ~ P . t Q ' r ~ Cy ~s ~ f PANE ,, vFt v' /H ~'4tr ~ ~ ov ~,~ s • 1 t , ~r 5 R _ ~_.. Qn. emu. . ~ ~ R[ t~r.,~ ~ ° r o4 {4ROefRT ~_~ >o~uo t ~•~• ~` rnW,.,Lr "'i" 4. ~ lY~~ J ,Ef ~ v = 25 • '~yt ` ~`' lEE 'DR i ; ~ u ~+ ~ ~ ~ [ ~ ' b [, EAAEY a0 '~1. ... • u+N d `, ~,•• .?h~~ y= k, 4 0.,,i aroa. DClbr .DR ~ t ~G ~ ~ ~ ~t.v'1 u, rE C7 u`. s ~ `~ ~ Rr c G~~ ~Sx ~~7 ~p ' ~ r ~ ~y~~ 5.4. ~ ~~ s. G3 y a ~ ~C rAr ~„wGt. i ~ ORtvE ~ i •)Pr it ~ "C~ ~arpR a~}t~yy ~ a ~ Dt rN,yt 4 ~• ~~ o t v ? i o° ~ 4 . .. ~ t (.*~ t)TH ST.. CXT[N. ~C>~ A: f9 •/y ~~iP~ J }! p~l~~ o` ° c t t Rp ~T °F~ q Z+ d p ' at. a~y y r zi ~ ° ~ ° t ' ~R[y ~• ~" ~ a ~ Q r Dom, t 4gt.t- iy 9b14 ~ •9p a~ 7~ 0 ~~ uC ~ r~ Ib ~(' ~¢•r ~' R 4 e°O ~LC Lf^•~• ~ u' ~ ~e ]gTAM D11M ~C t + ~D,` o ) ~ ~ '~©~ O O s ~ ,~ o ~', ~ DRiCf 6 2 RD DR ~~7. t z ~ ~ ,y; r; f~a •T Tk4I1 GMUt OOC C1LRry ~ ~~d ~ i ~ 132 f ! r ~ n R ''S• ~ ~ ~~ R AYR! q O'QR t1J(T14f1 ~~~ S9 it ~ ,Tp DD.VI M P Y~o ~~ ~'yTL pR ~'~~ ARC ~ 4 ~ ~ : / .. ~ ~ R Ru.u M ~c rq~ b . '~ ~ ~DRivc i~° 4r N 4 [ 1•DRIrYGRm ow // 'MrrcwRlT 4N a < ''~ c 4 4~, t t.wnunTDY r °S' ~~LO . dm <cZ - o~v 4 i~V ., t "`A'da• 3-rDR.ALT ru ~ •yo• j ~ ~+ rr ~ ~'i ~ A. rNrtC inn GOVRT osnr rya LT• _ 2 y /fpy f. ~ ~ ±•/ t. »i3 IMRR OrCaufT U A'~R ` • " C• TUR:LL dM GWRf ~Y ItRRT ~ ~/ x ~ Ci Cot~i • t , l S ~ ~ t4rgrt ID~rt~. ,{~r" ~'D°ya ti J ~ NE .. • CM 4t• • Pod' K'ay ~ / '~ VK W 1'Rgi( ~'3T B- uos~- ~Ay i R.'1 CuN10fT ~M 4• w TR t i ` _ .... r! Do C rR~ R. ' z BURN ^..r ~rIR R p,~ QQ 7 Y _ q,y -"' A N!( t T ~ ~ / /q rR1 f,,, ' t °°' ~ pb M GCr IN qq q/~6 fi~C~ ~~ o o cN ~ ~ ,}..P /Y- -rp a FO.F ' '~, 9' 44 R ^•O ~' ty ~_:.j.% 7 L .. A ~ ~ ~ ~ ~: ~ // /. >T~~ ~~ ~ rR O~ ~ ~~ o~ o 6 "i. :.., '~~ : ;racy . - - \ DAd ~ ~~w I~ -fit+.~'.~ ~Y• ~ ~ ~~ . • <.: - _ " NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION " DIVISION OF HIGHWAYS PETITION i a _ ~ .. ,. North Carol n • • County of New Hanover .Petition request for .(check one): Addition to State System ~ " ' . ° • Paving ( ) ` _ "Maintenance Improvement (. .)" • ,~;, We the undPr~ig ed, beingrpro~erty owners on' _~ " . k oQk ~VN`G~U.e , liJ1L~ C~.2~": ~C ~~ ~~ ~t=~~b~~ '~(~1~n~•~,' _ (Describe or give ,local name or Secondary Road ~ . Number) m .New Hanover -.County. do hereby request the Division'of Highways,of the Department of Transportation to •rn cos~~cct~•Ln~U S'b,~-S`{S~chthe above-described roads", ~ M ~~ • ~ ~ We further `advise. that the road requested to ~,~co~~-~ e;. ". is ~~ '1"z ri; .miles in ; ~f ^ ~ length and at the present time there are ~ occupied hoMss located on the road and having entrances into the road. '~ - Finally, we agree to dedicate:. to the ~Division~ of Highways aright-of-way of the necessary •~ width to construct the roadao the minimum construction standards required by the: Division of , Highways. This right-of-way will extend the entire .length of the road that is requested fo be improved and will include the necessary areas outside the right-:of-way for" cut and fill slopes and drainage. Also, we agree to dedicate additional, right=of-way in; the public, road intersections for •'Y • -sight distance. and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. _ • _ ~" " li REMARKS . ~ ~ ~.< ...• ' . •Four copies of recorded subdivision plat enclosed if applicable.~`~E ~'-1`-~~ MaE~s)'• ,, ~ C ti . c ~ ~. -k s~ n ~a~ hd t~ 1 s~ c-,s1 ' V~ ~ ~t~ c t-t~ R~`~ t-c~n e~ ~ ~ ~-~s ~ n-t-~ ~-~e. .Oc~k cave ~ Y~ ~ ~ ' ~ n=h~c~ 0.~ ' . . t-r cc3. r~ . ~• ~.. ~c~c-~ vp v~~~-~-,.~ c~c~c-~r~-t-~~{ t~co.c~pGc~-~~ Scc-hero ~c+na\c,~c.~ ,. ~ " ~~ cw.c~SS 5~~. 20f'~ ~SG2 ~~5 Sre-~iC,~'1~• tor~s~ `rr~g A ~~~t s-b,k~ "04~`~->'Nc'.'~ PROPERTY OWNERS ~ `~ ' .. ~ - ~. ` ~ NAME ~ ~ MAILING ADDRESS TELEPHONE The Division of Highways should contact the first etitioner listed below:, ~~'~' P ~ . S l IV ~ CJ~ ~ ~Y11 t1 O 20~• C) ~ ~ ~N e. ~~ 10~ (p plp- 1 ~ ~ :k ~ -; W m t~c..a.~ . . . ~: nr~r~r~nr,~r~n ~~ , ~~ ~:~ ~*t ~, ~ 17 i~t ~ 1 ~ / • ''// ~ '~r '~~ ~ / ~ ~/ A ,t J , ::O ~ ~'~` j y//nj * / / /,/ I ~,~ . - ~R, ~ ~ C/PfFK A O W,LLM~ M ' ,~N3 ~ Im / ~ ~, f 9 r, ~~ f °er. M1 N.. J I~, r I GllAW1C I - O Wo vf'~ /C. ~ + t' ~ a a ~ e Off -~-- g b . *rcR1 h[cx RoAp Lu[ ~ P oN Owhy[ G e . DR[N [: A7 RD l wt 'RO p / ap p1 L ~ i 'A'ORT y /,j{//~' ' i'/J ./ ~ .GtP~~ ~J~ .~ iP~d f OPir ty ~/ QF I//~/, 4 ~ 1 40 , ~ ~ 1 b~ 9 / ~ / t•~. C9 d~4r. p` ' '~Q9 ~Qp ~ C` ~~OQ ~ q•~ .~ ~ . 9 ~ ~fy VN ' ro o y ~~;e~o L f ~ ~ } ~ f / ~'-. ~ '~y 'S ,; ~ ~ g ~• N / c // 4 fs hO ? ' j ,' •' T 'tl "~~. HERy,~.Y ~ // mfr 4w IN HA~f~`, .~ j ~ ~~'f ~: // / O I f ~~ MC1~ P.. ///~ I ~E ..~j. ~ ? ~ ~ZO IDFrIR 8e / DR ~ ~ ~1 R,~/ _ , www /// . ~ ~ ` / ~ ~ /// ' ' ~ i ~`, «ti_ ~r I ~~ ~"~' aut OR `'j v ~ ~unrr[R w aR ~/ ~/~ / X i 0'O/ , /// ...t . -L c.. e.r L+L Figur Eight Island Tliis page:i~itentionally left blank ,~r ~`~ ,_. ~t~I. ~J i ~+ ~~~~ 1 ~~~ '~f ;~, ,~1 ''~~ ~~ r ~7 REQUJEST-FOR BOARD ACTION .Meeting Date: 11/06/96.. Regular Item #: Consent Item #: 6 ~ Additional Item #: Department: Governing Body Presenter: Commissioner Sisson Pa e Count In A enda Packa e:. Contact: Lucie Harrell ~ . .SUBJECT: Ratification of appointment. to the Area Board of Southeastern Center BRIEF SUMMARY: - The County Commissioner representatives on the Southeastern Center Area Board has appointed Earl W. Wells to serve on their board in the Developmental Disabilities Category. The application is submitted for ratification. ~ ~ ~ ~ ~ ~ '~ RECOMMENDED. MOTION AND REQUESTED ACTIONS: Ratify appointment FUNDING SOURCE: - Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: couNn coMMo~115 _ APPROVED 1 1 REJECTED C] Refer to Office Vision Bulletin Board for Disposition REMOVED ~ POSTPONED DATE LtEVIEWED BY: LGL: FIN: ' BUD: HR: •. .. - - . . _ , APPLICATION FOR APPOIN`Tb~IT •TO THE AREA .BOARD •OP - •-': ,.:, . , .. - SOIIZ~STERN CENTER .FOR MENTAL .HEALTH, DEV'ELOPMF.,t~TAL • - . ~. . DISABILITIES & SIIBSTANCE ABIISE SERVICES e .~. .. - ~ Nam -- _ -L S _ _ . , r Home • Addres s _ .. .~ ~J ~ ^ - ~: .- ` .. _...._._ . Mai3.ing Address _: ..:..•. ~/G~1i/+//~~/5/ _/ ~ C' '•~ -'a~~~-- . ~ ... _.._ ..__.----_._..- _.. Street .-- • - - -. _ Cs.tY ...._.. State . __ ... -...'Zip ~ .. ti •. ,Telephone ~ ..__ (Home) _ ~~~ . r~,~~ l7.~SJ (Work) -~1~r/~ ~ ; -- {~ - ., . ~~ ~ Gender _../~/~~~_ _Race_ ~ycAS/9~I ':Age '6~m . - - - r r- Please indicate all azeas that apply: , I- - --Professional representative from the f~.elds ~ •of r _ _ _~sychology,_ social work,_uursing, -religion, __.ox•__other ( lease ci l ~ ~ . p rc e one . appropriz~te) . . 2 - A primary consumer or family member or an individual from . • . a citizens or ani ti g za on, representing. the 2ntere~ts og• t-y individuals with (circle one or more): ,. .a • Mental Illness ~ i Developmental:Disabilities ~~~LLLJJJ Alcoholism .' d- _ ;Drug Abuse: .. _ :: 3 • ~ Expertise in Finance, ~ Management •_2nformation Systems, other (please specify) FNANF. ~,S' . M l3/~- . /N /-/n/!~1'l~C - C'y/~~ ~ FINftCl9L ~i~ir~/~ FAR f~~C Cart'P..~,vcS ~ifov/ 4 . Professional Activities .'~?~-Y~•0/u ~~~ F`~~N•~!E_~• /~G~i1//~6' ' •• ,,... ~0~4 /a O I~G~113~ ^~ S ~ ~iG ~ rs~c -SytT~s - ~~ _ _ Coi~/s'dGT/,YYT -~ ~/~i9~lC/~G x'/6/''7%' -Sy.~~~r~J • . - ~ .. ARd Y~'~E.:-fl3eR ~jq~~ry[1 ~ovr/D,OTjo,y Zn/~ -7/~Er4SUrp~/Z 5: Volunteer Activities , 1 _._ ' ~ Continued... 11.6. ~~ t . ~~ ~ .. ._ _ ~~ ~, . - ._ _ ..• - -- t 5. Why' do's you .,wish' to ::'serve on the` 'Board of-Directors o~ Southeastern Center? ... - - • . , .. •,. ~' • rYAr~r_ So. I~Jl~O • / ~'~1 ~~lUE~%N~.~rAl,~Y ~SA•$!~~ ' . ~' /f1.~11~/•z.... D~ • ~ ~ SA'F,TFiPF~ ~R/lshbP idR " S~uER.~! • .... .~ 7. - What areas of concezn would you like to see the Board address? .. -• - - -..__ ~.~i~/S/~~R~.47~/~~r-Lrisio~/ • ::~: • C~i~,oo~i~~~r~'~s ~~B.s, ~~:~ ~F/? soya l.~r'~~"~SErJ F~~,i~.~,- . .. - • • . r 8 . _Wha.t_do~•ou_£eel_ are_.youur .qual.ifications_..for_serving 'on~'the~ - '- . Board? _ ~1 ~~T/~T D ~1/' ^ ~ n/TFt7~ •4 i ~ !'/~ ,~/~ ~r~(C Y ' So ClTI~LG/J STE/~/~~F-~/j"EieS~ i .. .. _ _ .. i = -._..__ _. _. .. . ..•Please:xnail..to. 1?. ._.. ._ •_ • Mazy Lou Fedick, Clerk to•the Board • !~r -- .'~• - ... _ : ._ .::Southeastern Center .. _ . ' ... .. . ~ 2023 South 17th Street ' _. " Wilmington, North Carolina 280-1 - . . ~ • {;' ~ §122C-118 " CH. 122C. ;v1ENTAL HEALTH, ETC: ~ §122C-11$ ~j - ` ~ •~ 679, s. 7; 1979, c. 358, ss.•1, 3, 14, 23; 1981, c. 51, s. 3;-1983, c. 383, s, •) l 1; ,1985, c. 589, s. 2. 1987 c. 830, s. 4Z(d)• 1989, c. 625 s• 14.) .. ~ N ~ Effect of Amendments. -The 1989 tardation" following "menial health" '' ~ amendment, e(Tective January 1, 1990, and substituted "disabilities" for "dis- ; ~~ FN' in subdivision (a)(1), deleted "mental re- abilit y• , I ~' !~ ~ § " 122C-118. Structure of M area board. " - (a) An area board'shall have no less than 15 members and no l~ , , more than 25 members. The size of the area board may be changed ;r - from time to time as follows: - (1) In asingle-county area, by the board of county commis- sinners; _ (2) In amulti-county area by agreement of the boards of '~• ~- ~ ~ ~ .county commissioners of all the counties in the catchment ~ } " " " area. The agreement shall.be evidenced by concurrent res- olutions adopted by the affected boards of county commis- " - sinners. -- "~ (b) In a single county area, the board of coupty commissioners shall appoint the members of the area board who may be removed • with or without cause. (c) In areas consisting of more than one county', each board of " "county commissi rs within the area shall a e - • sinner as a member of the area oar ese members shall appost the other mem ers. mem er may be removed.-wit or wit out cause, e oup authorized to make the initial appointment. (d) The group of county commissioners authorized to make ap- ~;. pointments to the area board shall appoint new members to the '`"' area board to fill vacancies occurring on the board before the end of the appointed term of office. These appointments are for the rest of the unexpired term of office. (e) The area board shall include: " (1) At least one county commissioner from each county in the W N area except that in asingle-county area authority the N -board of commissioners may instead appoint any resident ~' ~ of the county; »'~ to (2) At least two physicians licensed under Chapter 90 of the °" o General Statutes to practice medicine in North Carolina U y and when possible, one of'these physicians should be certi- fied as having completed a residency in psychiatry; N (3) At least one professional representative from°the fields ei- '-' ther of psychology, social work, nursing, or religion; (4) At least one individual each, either a primary consumer or an individual from a citizens' organization, representing the interests of individuals with: ~,,,,, a. \lental illness; and ~, b. Developmental disabilities. ~r b ' (4.1) At least one primary consumer each presently in recovery ~. and representing the interests of individuals with: Fi. Alcoholism; and ~: b. Drug abuse. ' (5) At least one family consumer each representing the inter- y~ est of individuals with: a. ?Mental illness; ~±;: b. Developmental disabilities; . 38 ~- :r~ Budget Amendment ~' DEPARTMENT County Commissioners Office/ ~~~ Coo erative Extension P ADJUSTMENT .~ County Commissioners' Office Appropriated Fund Balance BUDGET AMENDMENT 97-0059 . DEBIT $40,000 ~~~,' Cooperative Extension Contribution to Outside Agencies EXPLANATION CONSENT AGENDA November 6, 1996 DATE 11 /6/96 CREDI X40,000 To appropriate fund balance fora X40,000 contribution to the. Arboretum Foundation for construction of a Reception Center.. Of this amount, $15,000 was .approved in FY94-95 and $25,000 in FY95-96 for a total funding commitment ~{ toward construction of the Reception Center at the Arboretum. With approval of this budget amendment, the funding will be appropriated in the FY96-97 budget. ~~~~~~~ f ~~~' ~, .~ ^^s~~ For Bud;et Off icer s approval; then report COUNTY C~MMI ~®N~ K~,~" to Commissioners atAe~~egyllar meeting APPROVED :: k' .• and enter in minutes. l~. REJECTED ` ^' ~~~ To be approved by Commissioners. REMOVED ^ ~• To be entered into minutes: . - POSTPONE ^ DATE f ~ - ,~_./' .a ' ~~~~~ nFPARTMENT Non-Departmental Planning+- Budget Amendmen Non-Departmental Contingencies P]aranina Contracted Services $10,000 ~~°. To 'budget funds foi the Cape Fear River Corridor Study.• : F.uriding was- approved by the Board on' September 16; 1996. - ~ ~ • ~ - - ;,, '° - , , The remaining balance'in the Contingencies account is $243,47:1-. . , _ .~ COUNTY COMMISSIONERS APPROVED C~ REJEC•TEp~I~ ~p~ ,~~~ f„~~~ . POS PO N Eft ~ ~ ~~'~ ~~~' DATE ~:.~~~ ~ ":~,~" ~e~ u ~~.at,u.Jt~ CONSENT AGENDA t November 6, 1996 ~, Item No. 7B L.1 .. _ :_ .. I2AT'~ • 11 /6/96 ~, CREDIT ~ . °~ . .. '. $10,000 `~~ ~; - - -- For Budget OCficet's approval; then report to Commissioners at next regular meeting and enter in minutes. { To be approvedby Commissioners. }u- To be entered into minutes. J/. Budget Amendment ~~ . -~~ DEPARTMENT ~~ Health/Famil Plannin Y ~ ,~~ ,~ DJUSTMENT HealthlFamil~ fanning Title XIX Departmental Supplies ~~ ,~ ~' „~r ~LTnGET AMENDMENT # 97-0066 I?~I~ ~ 11,000 " ~ . . EXPLANATION. CONSENT AGENDA November 6,1996 ~2~T'~ - 11/6/96 - ~ $1.1,000 ~~~ To budget additional revenue due to an increase in the Title XIX (Medicaid) reimbursement rates for the Family Planning clinic services effective July 1, 1996. The additional revenue will be budgeted to cover the increased cost of birth ~ control medications. . ~ ~1~ C~UIVTY COMM~SS~®IY~~~~'Foi~B'udgetOfficer'sapproval;thcnreport APPROVED ~ ~~ to'~Cominissioners at next re ular meeting REJECTED ^ ~ '~~andGenter in minut REMOVED ^ ~~,~~~~To~~~pprovedby~>~is oners. Tonbe entered into minutes POSTPOiV ED ®~~_.~~~r:~. t DATE ~~ . ,+ ~ ~~c~ et .A-.xx~eridzx~ezzt g . DEPARTMENT: BUDGET AMENDMENT# Federal Forfeited Property 97-12 Capital Project ADJUSTMENT: DEBIT: Federal Forfeited Property Capital Project Federal.Forfeited Property $14,170 Motor Vehicles CONSENT AGENDA ,., November 6, 1996 Item No. 7D. ,. :- . ~ ~ .., ~J ,EXPLANATION ,w ~ ~ To increase budget ,for additional revenue- received 10--15-96. Federal .(„~ Forfeited Propertyfunds are budgeted as received and must be used for (,J law enforcement activities as the Sheriff deems neccess COUNTY COMM1S~10N =REJECTED ® t~"9D~~~~~ `... : ROSTppfdED ® ~ ~.r ti. ~~ .. .. .DATE u.3"~i~C~"' For Budget O((icer s approval; then report to Commissioners at nnYt regular meeting and enter in minutes. To be approved by Commissioners. (~ To be entered into minutes. ICJ` ~~~ ~~ ,A.~te11C~ZZ1.eI~lt ~ g CONSENT AGENDA November 6, 1996 Item No. 7E Y~ ~~! ~..... ...M.~..1<...i~ ,w~.w..... \.... <~'S(..ti\..... -.~. \. ...w .v.. ..v... w.vn wv.. ~4w.n...... '...........~H.~...Aw.. `... Y. a ............. ~~. \.( . a .~.~~•nZ v~. ..~. .~..U..~T . ,. ..\.....w ~,~~ DEPARTMENT: . BUDGET AMENDMENTS DATE. ,Controlled Substance Tax 97-13 11-8-96 Capital Project ~~ ADJUSTMENT: DEBIT: SREDIT: Controlled Substance Tax Capital Project Controlled Substance Tax '$548 , Supplies t i $548 EXPLANATION To increase budget for additional revenue received 10-15-96. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff 'deems neccessary. ~'~ couNn~ coMM~sao~E~ APPROVED ® For Budget Officer's a ~ ,hen report REJECTED to Commissioners at next regular meeting REMOVED ® ~i and enter in minutes. POSTPONED ~ ~~ '~ To be approved by Commissioners. DATE To be entered into minutes.