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Home My WebLink AboutAgenda 2008 03-10 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G, GREER, CHAIRMAN, WilLIAM A. CASTER, VICE- CHAIRMAN TED DAVIS, JR., COMMISSIONER, WilLIAM A. KOPP, JR., COMMISSIONER, NANCY H, PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD March 10, 2008 1:00 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCA TION (Carl A. Byrd, Sf., Human Relations Director) PLEDGE OF ALLEGIANCE (Vice-Chairman William A. Caster) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 1: 10 p.m. 1. Presentation of New Hanover County Service Awards 53 1 :20 p.m. 2. Recognition of Nancy Pritchett and Annette Crumpton, Recipients of2007 55 Cape Fear Council of Governments Awards 1:25 p.m. 3. Consideration of Fair Housing Month Proclamation 59 1 :30 p.m. 4. Consideration of Resolution Approving Sole Source Purchase of Robinson 61 R-44 Helicopter with Police Package and Adoption of Ordinance for Budget Amendment 2008-84 1:40 p.m. 5. Consideration of Authorization to Apply for aN. C. Governor's Highway 65 Safety Program (GHSP) Grant for Traffic Enforcement 1 :50 p.m. 6. Presentation: Tsunami Ready Community Designation 71 1 :55 p.m. 7. Presentation: Human Relations 2007 Annual Report 73 2:00 p.m. 8.1 Public Hearing 75 Rezoning Request (Z-879, 2/08) - Request by LS3P for Michael White (Old Wilmington Shipyard, LLC, et al) to Rezone Approximately 25 Acres Located at 1550 Point Harbor Road in the Conservation Land Classification from 1-1 Light Industrial to RFMU Riverfront Mixed Use District 2:30 p.m. 8.2 Public Hearing 95 Rezoning Request (Z-880, 2/08) - Request by Matt Nichols for River Bluffs Development Corporation to Rezone 237 Acres Located atthe West End of Chair Road in the Wetland Resource Protection, Natural Heritage Resource Protection, Aquifer Resource Protection, and Conservation Land Classifications from R-20 Residential to PD Planned Development District for a Continuing Care Retirement Community 3:20 p.m. 8.3 Public Hearing 125 Special Use Permit Modification (S-13) - Request by Ken Shanklin for Tim Ward to Modify the Site Plan for Special Use Permit S-13 to Relocate Piers, Eliminate the Boat Ramp and Modify the Clubhouse Footprint in the R-15 Residential Zoning District at 1512 Burnett Road in the Conservation Land Classification (NOTE: A request to continue the item until June 2008 is included in the applicant materials.) 4: 15 p.m. 9. Public Hearing on Mason Inlet Special Assessment 145 4:30 p.m. 10. Consideration of Award of Bid 08-0272 and Approval of Contract 08-0272 to 149 Triad Fire, Inc. for the Purchase of a 100' Aerial Platform Ladder Fire Truck for $844,551 and Adoption of Ordinance for Budget Amendment 08-164 4:40 p.m. 11. Consideration of Adoption of Capital Project Ordinance to Establish the 153 Murrayville Fire Station Capital Project and Resolution to Award bid and Authorization to Execute Contract with Dixie General Contractors for Construction of the Murrayville Fire Station and Adoption of Ordinance for Budget Amendment 2008-98 4:50 p.m. 12. Consideration of a Resolution Authorizing the Execution and Delivery of an 159 Installment Purchase Contract with Suntrust Leasing Corporation to Finance the Acquisition of a Bulldozer, Loader, and Aerial Fire Truck 5:00 p.m. 13. Public Hearing 163 Financing of Jail Land, Murrayville Fire Station, Public Safety Training Center and Customs Building at Wilmington International Airport 5:10p.m. 14. NOTE: This item has been withdrawn. 229 Consideration of Text Amendments to New Hanover County Storm Water Ordinance 5:30 p.m. 15. Consideration of Funding Request from Cape Fear Public Transportation 237 Authority (Wave Transit) 5:35 p.m. 16. Briefing on Potential Effort to Consider Consolidation of Fire Services 241 between the County and City 5:45 p.m. 17. Consideration of a Resolution to Advance the Next Countywide Revaluation 243 in New Hanover County to Four (4) Years 5:55 p.m. 18. Convene as Board of Equalization and Review 245 6:00 p.m. 19. Committee Appointment 247 6:05 p.m. Dinner Break 6:35 p.m. 20. Meeting of the Water and Sewer District 253 7:35 p.m. 21. Non-Agenda Items (limit three minutes) 7:40 p.m. 22. Additional Items County Manager County Commissioners Clerk to the Board 2 County Attorney 7:50 p.m. 23. The Board will Enter into a Closed Session to Consider a Personnel Matter Pursuant to G.S. 143-318.11(a)(6) 8:20 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 3 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 6:35 p.m. l. Non-Agenda Items (limit three minutes) 6:40 p.m. 2. Approval of Minutes 255 6:45 p.m. 3. Briefing on Proposed Water Use Policies 257 6:55 p.m. 4. Adoption of Ordinance for Budget Amendment 2008-97 for a Cooperative 259 Regional Water and Sewer Project with the School Board Adjacent to the Holly Shelter Road School Site 7:10p.m. 5. Consideration of Award of Contract for Pump Station #77 (Westwood) Force 261 Main Improvements Capital Project 7:25 p.m. 6. Consideration of a Resolution to A ward Ogden Park Well Head Construction 263 Work 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. l. Approval of Minutes 7 2. NOTE: This item has been withdrawn. 9 Approval of Changes to Airlie Gardens Event Rental Agreement 3. Approval of Administrative Support Specialist Position 11 4. Approval of Work First Demonstration Grant Proposal 13 5. Approval to Accept $13,395 in State Funds for Random Moment Time Study 23 Participation, Approval of New Administrative Support Technician Position, and Adoption or Ordinance for Budget Amendment 08-195 6. Approval to Submit Application to Co-Manage Grassroots Arts Grants 29 7. Approval to Apply for a Grant from the Good Shepherd Fund, Inc. (Located in 33 Whiteville, NC) 8. Adoption of Ordinances for Budget Amendments: 35 08-171 - Museum 08-172 - Museum 08-174 - Social Services 08-183 - Sheriffs Office 08-184 - Sheriffs Office 08-190 - Health Department 08-191 - Health Department 08-192 - Health Department 08-193 - Library 08-194 - Library 2008-92 - Finance 2008-95 - Sheriffs Office 2008-96 - Sheriffs Office 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Robert G. Greer Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Board of Equalization and Review meeting held on February 8, 2008 Agenda Review meeting held on February 14, 2008 Closed Session meeting held on February 18, 2008 Regular Session meeting held on February 18, 2008 Board of Equalization and Review meeting held on February 20, 2008 Board of Equalization and Review meeting held on February 27,2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 2 Estimated Time: Page Number: Department: Airlie Presenter: Jim McDaniel Contact: Jim McDaniel SUBJECT: Approval of Changes to Airlie Gardens Event Rental Agreement BRIEF SUMMARY: The Airlie Gardens Foundation Board requests language changes to the event rental contract to cover outside fundraising activities and recurring use of the gardens. Ongoing fundraising is an essential part of the financial future of the Airlie Gardens Foundation and the site itself provides a unique venue for events and fundraising. The Airlie Gardens Foundation Board has maintained an informal policy of not allowing fundraising events on the site by organizations other than the Airlie Gardens Foundation or New Hanover County Government. Airlie receives requests on a regular basis to use the gardens to conduct outside fundraising activities and for-profit events. The Airlie Gardens Foundation Board wishes to adopt these changes to further ensure the successful fundraising, wedding, and event revenue efforts. The Board also wishes to establish a policy to address and maintain long-standing working relationships already in place with several organizations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve changes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: The proposed changes will not impact Airlie revenue. ATTACHMENTS: ~ "...... ..- . Fund;a!$ing Everr.$ DOC.dos REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn and will be considered at a future meeting. 9 Proposed changes to the Airlie Gardens Event Rental contract: Fundraising Events As ongoing fund raising is an essential part of the financial future of the Airlie Gardens Foundation (a 501c3 nonprofit organization), and as the site itself provides a unique venue for events, there shall be no fund raising events on the site by organizations other than the Airlie Gardens Foundation or New Hanover County Government. Fundraisers are defined as but not limited to: commercial, political, religious, social, and profit gaining events. Private Functions are defined as events where NO fundraising, vending, or fees occurred; they are not open to the public and are not to be used to gain revenue for business ventures. Outside organizationsl businesses are strictly prohibited to use the gardens, grounds, or buildings for such activities. Recurring Use Each rental use of the property shall be constituted as a single, unique event. Events scheduled on a recurring basis must be separately and individually contracted. Airlie Gardens has a long-standing agreement pre-dating the purchase by New Hanover County with The North Carolina Azalea Festival (a nonprofit organization) and First Baptist Church of Wilmington (a nonprofit organization). These organizations will be granted the right to host an annual function as long as the date, availability, type and terms are approved in advance by the Airlie Gardens Foundation. 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Approval of Administrative Support Specialist Position BRIEF SUMMARY: The County Manager's Office requires additional administrative support staff to efficiently address the needs of the County Manager, three Assistant County Managers and the boards and committees they serve. A significant amount of overtime and temporary salary expenses are currently incurred to manage the demands of the office. A full-time position will increase productivity significantly. The net cost for the remainder of the year is $1,479. The net annual cost would be $5,917 since temporary and overtime expenditures would be eliminated. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the position. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 Explanation: The cost of the position for the remainder of the fiscal year can be absorbed in the existing budget. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 4 Estimated Time: Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: Approval of Work First Demonstration Grant Proposal BRIEF SUMMARY: In November 2006, DSS received notification of approval for a Work First demonstration grant entitled, "Building on Strengths and Partnerships." This grant was awarded in both FY 06/07 and 07/08 with the purpose of implementing strategies to (1) move the Work First eligible population more quickly into employment, (2) assist in increasing North Carolina's Work First participation rate to ensure continued federal funding, and (3) provide the Work First population with sufficient supportive services to increase their employability. DSS would like to apply for a continuation of the grant for FY 08/09. There is no County match specifically required by the grant, however, the County will have to pay the program's proportional share of administrative overhead (estimated to be $54,644 for FY08/09). It is anticipated that allocations will be received by July 1, 2008. DSS requests that $616,753 be included in the FY 08/09 Budget for this program ($562,109 grant, $54,644 admin/overhead). DSS also requests approval to submit this grant proposal. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize submission of grant continuation proposal. This is the final year. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The FY 07/08 Work First Demo Grant currently supports a Social Worker Zone I position until June 30th, 2008. The continuation of the grant would extend funding for this position until June 30th, 2009. ATTACHMENTS: ~ ,...",. . -- T ANFgranlyear3.doc ~ --: . ".:--,:: . ~--....'- V\.'mk First G[;3rf. Budget Year IIl.x1s REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: 13 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 14 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Renewal Proposal March 31, 2008 1. Identify projects demonstrated in FY07/08 and provide detailed progress of how they increased participation rates. If there was little or no increase in participation rates, identify factors that prohibited results. New Hanover County Department of Social Services demonstrated the following projects in SFY07/08: Contracted Services: . Phoenix Employment Ministries provides job readiness/job placement activities. . Coastal Enterprises provides a long-term work experience site, vocational assessments and job placement services. . Wilmington Housing Authority provides WF clients living in Wilmington Housing Authority developments or Section 8 housing work experience, saving account incentive program, on-the-job training and job placement. . A local clinical psychologist conducts psychological evaluations, provides group sessions to appropriate Work First participants and offers consultation to Work First social workers regarding specific client issues. Grant funded DSS employee . A Job Locator/Job Coach meets with local employers to market the hiring ofWF participants and improves the participants' abilities to retain employment and successfully leave WF through support and advocacy. Supportive Services . Child care subsidy is provided to participants with children aged 3 months to 12 months so that they may begin countable activities and secure employment. . Cape Fear Public Transportation Authority provides fixed route and Para-transit services to work related locations. . Increased mileage reimbursement from .21 per mile to the federally approved reimbursement rate to provide an incentive for Work First participants . Incentive gift cards for work related expenses and essential family needs are provided to clients when they complete activities which place them in the numerator for calculation of participation rate. . A flexible spending fund provides financial assistance to address work related expenses that are barriers to employment including child care registration fees, transcript costs, uniforms, etc. 15 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31,2008 Page 2 of 7 To evaluate the effectiveness of the demonstration's strategies, we have categorized our current work eligible caseload into three groups: . Former S codes participants with children between the ages of 3 and 12 months who, by virtue of revisions on our county plan and our Work First Demonstration Grant, are no longer exempt from work requirements. . F codes - clients who have documented medical and/or mental issues which prohibit them participation in countable activities leading to employment. . Able-bodied - clients who, in order to receive cash assistance, must participate in work activities. In New Hanover County this group includes participants with children between 3 and 12 months. We have been able to demonstrate success in our participation rate of our able-bodied population through the use of these services. The able-bodied population has been expanded to include previously coded S recipients with children over the age of 3 months. The child care subsidy provides WF participants with children aged 3 to 12 months with the ability to participate in countable activities leading to employment. Since July 2007, we have increased our able bodied population by 38 S code participants. During this fiscal year, this group of former S code clients met the participation rate each month, with a rate ranging from 50% in September to 100% in both November and December of FY2007/2008. Looking at our total able bodied population only, our participation rate met our goal of 60% in all but one month between August 2007 and January 2008, with a high of 71 % in November 2007. Unfortunately, when the F coded participants are added to our denominator, our participation rate decreases dramatically, We have identified that the disproportionate number ofF coded participants in our work eligible population (the percentage ranged each month during this grant cycle from 28% to 37%) is a major barrier to our meeting the State participation rate consistently. We are proposing a new strategy to address the F coded WF participants in order to more quickly identifY countable activities in which these difficult-to- serve clients are able to participate. During the first half of FY07/08 we made great strides in our Leading by Result indicators relating to Work First including moving WF recipients to employment and lowering the recidivism of Work First clients. We credit this success to the efforts of the grant-funded job coach/job locators as well as the expanded supportive services the grant enables us to provide. 16 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31, 2007 Page 3 of7 2. What are your goals for your demonstration project, as they relate to increasing your participation rates? What are your projected increases in the all family and two parent participation rates? The NHC DSS Goals for our "Building on Strengths and Partnerships" Work First Demonstration Grant project remain: . Move the Work First work eligible population more quickly into employment . Assist in increasing North Carolina's Work First participation rate to ensure continued federal funding . Provide the Work First population with sufficient supportive services to increase their employability New Hanover County DSS projects that our all family participation rate will increase to 60% and our two parent participation rate will increase to 100%. 3. What are the outcome measures you will examine and how will you measure progress in SFY 2008-2009? The "Building on Strength and Partnerships" Work First Demonstration Grant fits well with the outcome measures we currently monitor through our Leading By Results initiative: . % of all able-bodied Work First clients who move from Work First to employment within a twelve month period . % of able-bodied Work First participants who do not return to Work First after 6 months In addition, we will monitor: . % of all work eligible Work First clients who participate in countable activities leading to employment. Using local data queried from our local software system (ONE Case) and state data compiled from XlPTR (DHR WF A Work First Performance Report), we will monitor the progress of all Work First participants. We will query reports monthly in our local software system (ONE Case) to determine movement toward our desired outcomes and, depending on the results, evaluate the need to adjust our strategies. We will include these outcome measures, as appropriate, in the performance based contracts we secure with our community partners and monitor the progress of our contractors monthly. 17 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31, 2008 Page 4 of 7 4. Briefly describe your plan for continuation of projects demonstrated in SFY 2007-2008. Include your action steps and strategies to increase the work participation rates. Upon notification ofthe successful awarding of the grant to the New Hanover County DSS, we will: . Renew contracts with our community partners who are continuing from the Year Two Grant and include appropriate outcome measures: 0 Phoenix Ministries - increase the number of participants in job search activities Target: All Recipients including F coded Recipients WF Policy: Section 118 0 Coastal Enterprises - revise contract with this sheltered workshop to provide a comprehensive package of services from vocational assessments through job placement Target: Recipients WF Policy: Section 118 0 Wilmington Housing Authority - provide WF clients living in Wilmington Housing Authority developments or Section 8 housing work experience, saving account incentive program, and job placement Target: Recipients WF Policy: Section 118 0 Clinical Psychologist- conduct psychological evaluations, provide group sessions to appropriate Work First participants and offer consultation to Work First social workers regarding specific client issues. Target: F coded recipients WF Policy: Section 118 . Revise procedures, as needed, for referrals to our community partners' activities . Continue the employment of the NHC DSS Job Locator/Job Coach and schedule additional training to increase effectiveness Target: Recipients WF Policy: Section 118 . Continue provision of our supportive services: 0 Provide child care subsidy to participants with children aged 3 months to 12 months so that they may begin countable activities and secure employment. Target: Former S Coded Recipients WF Policy: Section 103 0 Provide WF transportation to local and regional work sites. Target: Recipients WF Policy: Section 118 0 Provide mileage reimbursement as an incentive for Work First participants from .21 per mile to the federally approved reimbursement rate. MOE will be used for the first .21 cents with the increase provided by the demonstration grant. Target: Recipients WF Policy: Section 118 0 Provide incentive gift cards for clients when they complete activities which place them in the numerator for calculation of participation rate. The gift cards will be used for work related expenses and activities and/or to meet essential needs of the family. Target: Recipients WF Policy: Section: 118 18 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31, 2008 Page 5 of7 0 Provide flexible spending funds for financial assistance to address work related expenses that are barriers to employment including child care registration fees, transcript costs, and uniforms. Target: Recipients WF Policy: Section: 118 . Initiate a contract with a local qualified professional to conduct functional capacity assessments to assist with identifying appropriate countable activities for potential F coded applicants . Continue working to ensure all work eligible WF clients participate in countable activities leading to employment . Track data and monitor contracts monthly . Submit timely reports to the State 5. Did this grant proposal enhance current service delivery? If so, what areas has it impacted? If not, what steps will you take to begin this process? The "Building on Strengths and Partnerships" grant proposal enhances the current service delivery of the NHC DSS by: . Expanding our work experience and job readiness options to ensure work eligible Work First recipients have sufficient activities which wi111ead to employment . Providing necessary supportive services of transportation and child care, currently limited due to funding constraints, to appropriate participants . Comprehensively addressing the identified barriers to employment for our WF population through increased funding for child care subsidies, expanded transportation options and financial assistance. . Offering saving account incentives to motivate WF participants to move quickly to accept employment . Improving WF participants' abilities to retain employment and successfully leave WF through the support and advocacy of a job coach . Expand job readiness/job placement activities through Phoenix Ministries to our most difficult to serve population such as those claiming the F code to motivate them to secure employment . Provide additional mental health resources to Work First participants who, due to mental health issues, have difficulty in locating and maintaining employment . Encourage greater adherence to Mutual Responsibility Agreements through the implementation of client incentives (gift cards) and availability of flexible spending funds. . Providing more appropriate service to potential F code applicants through the provision of functional capacity assessments. 19 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31, 2008 Page 6 of7 New Hanover County Work First staffis part of the department's Prevention Unit. Normal hours of operation for NHC DSS staff are MTThF from 8 AM until 5 PM; W from 8 AM until 6 PM. Services are available, on a need basis, at other times during the week. Services will be provided at the NHC DSS location at 1650 Greenfield Street, Wilmington, NC as well as at the contractor's locations, participants' homes or other convenient locations throughout the County. 6. If you have involved community partners in the grant proposal, what feed back have they provided. Will you continue to partner with them and, if so, how will they be kept informed of the grant progress. The feedback from our community partners includes their recognition of the difficulties and many barriers our WF participants have. They have expressed concern for the lack of follow through by participants in countable activities. They have expressed a willingness to continue working with WF clients and adapt their services to our participants' unique needs. We will continue to work with our current community partners. The progress of all of our community partners will be monitored, and reports will be obtained from each partner, at least monthly, If issues or concerns arise regarding progress toward our proposed outcomes, individual conferences will be scheduled. We will hold quarterly contractor/partner meetings to discuss successes and identify ways to improve our progress in increasing our participation rate and inform them of the grant's progress. -_.__._- 20 New Hanover County Department of Social Services "Building on Strengths and Partnerships" Work First Demonstration Grant Proposal Renewal March 31,2008 Page 7 of7 Terms and Conditions and Required Signatures By signing below, the applicant understands and accepts the terms and conditions for enhancing practice to increase the required Work First work participation rates as outlined in this document. 1. Agree to establish a plan with action steps and strategies to enhance not only the individual county but the State's required work participation rates. 2. Agree to identify best practices to achieve work participation rates through the use of the grant to share with all other counties, 3. Agree to negotiate a number higher than the 50% and 90% rates to maintain a certain level over the established participation rates that allows the State to always meet the required rates. 4. Agree to work with assigned Division staff to monitor and ensure compliance with the grant funds to support the work of the grant. 5, Agree to use the grant funds to support the legislative intent set out to increase participation rates. 6. Agree to follow all the reporting requirements which will include monthly reports to reflect progress, 7. If community partners are a part of the plan, agree to meet regularly to discuss progress. 8. Participate in all other required activities related to the grant. Signed: Director of Department of Social Services Agency Name Date 21 NHCDSS . BUILDING ON STRENGTHS AND PARTNERSHIPS -..........---..---.........-........---....--....--..--..-......--..--..---........-- ...................... ..----........---...... --............ LINE ITEMS and/or 1'1 YEAR 1'1 EXPLANATIONS 1'1 III 1'1 --.--.---.--.-...------.--.----...----....-.--... 1'1 -.-..----.... 1'1 I. STAFFING 1*1 1*1 Social Worker I - 1'1 1*1 Salaries 1'1 $49,425 1'1 11062750-61000o-G0172 FICA 1*1 $3,781 1'1 1106275o-621000-G0172 Local govt. retirement 1*1 $2,417 1*1 11062750-622000-G0172 Medical Ins. 1*1 $8,013 1*1 1106275o-62500o-G0172 L T Disability 1'1 $133 1*1 11062750-626000-G0172 Employee Reimbursement 1'1 $500 1*1 11062750-700825G0172 Training & Travel 1'1 $500 1'1 11062750-700905-G0172 *< Line Item Total >' 1'1 $64,769 1'1 1'1 1'1 II. CLIENT TRANSPORTATION 1*1 1*1 [Increase mileage reimbursement to 50,5 cents per mile (the first 21 1*1 1*1 1106275(}.78066o-G0172 cents will be used to meet MOE)] & expand access to mass transit. 1*1 $47,624 1'1 1'1 1*1 '< Line Item Total >' 1'1 $47,624 1'1 1*1 1'1 III. CHILD DAY CARE 1*1 1*1 [ Provide 38 children/infants with child day 1'1 1'1 care services at a minimum in a 3 star center 1*1 1'1 at a per child cost est. of $586. ] 1*1 1*1 1*1 1'1 11062750-780655-G0172 '< Line Item Total >' 1'1 $267,216 1*1 1'1 1*1 IV. CONTRACTUAL SERVICES 1'1 1'1 Coastal Enterprises 1*1 $24,000 1'1 [ $1000 per client for vocational assessmentslwork experience/job 1*1 1*1 placement] 1*1 1*1 Phoenix Ministries 1*1 $17,500 1*1 [ Up to $1,500 per client for job readiness/search] ] 1*1 1*1 1*1 1'1 Wilmington Housing Authority 1'1 $18,000 1'1 [ Individual payment for 3 months to a savings account incentive 1*1 1'1 program of $200 a month for 12 clients & work experience at a cost 1*1 1*1 of $1 ,500 per client] 1*1 1*1 1'1 1*1 Mental Health Services 1'1 1'1 [Psychological evaluations. consultation, group work ($120 X 600 Hrs.)] 1'1 $72,000 1'1 1*1 1*1 Functional Capacity Assessments 1*1 1*1 [Functional capacity assessments of up to $1,000 for 20 clients.] 1'1 $20,000 1*1 1*1 1*1 1'1 1*1 *< Line Item Total >* 1*1 $151,500 1*1 1106275o-70000o-G0172 V. CLIENT INCENTIVES 1'1 1'1 [Gift cards for successful participation in countable activities,] 1'1 $21,000 1'1 11062750-780661-GOl72 1*1 1*1 [Flexible spending fund for work related expenses.] 1*1 $10,000 1*1 1*1 1*1 *< Line Item Total >* 1*1 $31,000 1*1 1*1 1*1 .-......YEARL Y*-.TOTALS*.......* 1'1 $562,109 1*1 ====================================================== ====== =========== ===== Attachment I 2/28/2008 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 5 Estimated Time: Page Number: Department: Health Presenter: Kim Roane, Support Services Manager Contact: Kim Roane SUBJECT: Approval to Accept $13,395 in State Funds for Random Moment Time Study Participation and Approval of New Administrative Support Technician Position BRIEF SUMMARY: The New Hanover County Health Department has received notification from the North Carolina Department of Health and Human Services, Division of Public Health, that funds in the amount of $13,395 for FY08 have been awarded for the Health Department's participation in a Random Moment Time Study. These funds have previously been held by the state to pay for the new patient care management system. That system is now fully funded, and as a result, current and future revenues for the time study are being passed along to local health departments as general aid to support public health activities. Future revenues are expected to be in an amount greater than the partial year award currently offered. The Health Department is requesting approval to use these funds to support a new part-time (20 hour/week) Administrative Support Technician position and department operating expenses to provide support to revenue-generating positions within the department. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the $13,395 additional State funds and adopt the ordinance for budget amendment 08-195 to fund a part-time Administrative Support Technician position and department operating expenditures. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 part-time (20 hour/week) Explanation: Funding Source: N.C. State Department of Health and Human Services, Division of Public Health. No matching County funds are required. Funds from Random Moment Time Study Participation will cover 100% of the cost of the part-time position, with remaining funds used to support operating expenses for the department. The position will be funded with Random Time Study funds for FY08-09. The annual cost of this part-time position for FY08-09 will be $24,649 (includes benefits). When funds are no longer available, position will be eliminated. ATTACHMENTS: Division of Public Health Fund Distribution and Explanation ~ ~ ~ . '. ,......, : -: ~'.;~:'; : . -- RM TS E~planation.doc 11 O-R evl 1 RMTS.~ls ~B- 1 95- 2-2f.[jS.dos 23 REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 24 From: Joy F. Reed rmailto:ioy,reedca>.ncmail.netl Sent: Monday, February 04, 2008 11 :20 AM To: The phleaders mailing list Cc: Gracelyn Lee Subject: [phleaders] RMTS Funds I have just learned that, because there is no additional scope of work associated with sending the RMTS funds to local health departments as additional General Aid-to-County funds, a Budgetary Estimate is not mailed to each LHD - the funds simply show up in the WIRM system. Therefore, this is to let all of you know that those funds have been added to your 110 FY08 allocations in WIRM. I have attached a copy of the Budgetary Estimate so that you can see exactly how much was added for this fiscal year (this represents the first two quarters of the FY08's RMTS claims, which is the funding we will have "in hand" during this fiscal year.) 25 N,C. Division of Public Health Budgetary Estimate to Local Health Departments, SFY 07-08 Original _X_ Activity # 110 Activity Name: General Aid-to-Counties REV 11 ROW 1 FundIRCCIFRC FundlRCCIFRC FundlRCCIFRC FundlRCCIFRC FundlRCCIFRC 2117-1530-04 Total of All Payment Period 01108-06/08 Pavment Period. Pavment Period. Pavment Period - Payment Period - Service Period 12107-05108 Service Period . Service Period - Service Period - Service Period . COUNTY Sources 01 ALAMANCE $21,754,00 $21,754,00 D1 ALBEMARLE REG $22,347.00 $22,347.00 02 ALEXANDER $1,637.00 $1,637.00 04 ANSON $4272.00 $4,272,00 D2 APPALACHIAN $22720,00 $22720.00 07 BEAUFORT $16328.00 $16328.00 09 BLADEN $1 517,00 $1,517.00 10 BRUNSWICK $15421.00 $15421,00 11 BUNCOMBE $68,733,00 $68,733,00 12 BURKE $5,991,00 $5,991,00 13 CABARRUS $7,781,00 $7781.00 14 CALDWELL $23,896,00 $23,896.00 16 CARTERET $1,256.00 $1,256.00 17 CASWELL $12,078.00 $12,078.00 18 CATAWBA $12,715.00 $12,715,00 19 CHATHAM $20,163,00 $20,163.00 20 CHEROKEE $3714,00 $3,714,00 22 CLAY $7 305,00 $7,305.00 23 CLEVELAND $30176.00 $30176.00 24 COLUMBUS $13851,00 $13,851,00 25 CRAVEN $15,181.00 $15,181.00 26 CUMBERLAND $10,734.00 $10734,00 28 DARE $8604.00 $8,604,00 29 DAVIDSON $20,367.00 $20,367.00 30 DAVIE $10602,00 $10602,00 31 DUPLIN $11035.00 $11 035.00 32 DURHAM $19241.00 $19,241.00 33 EDGECOMBE $15,659,00 $15,659.00 34 FORSYTH $35939,00 $35,939.00 35 FRANKLIN $3,607.00 $3,607.00 36 GASTON $41,655.00 $41655,00 38 GRAHAM $3,596.00 $3596.00 D3 GRAN-VANCE $14,058.00 $14058,00 40 GREENE $3,810,00 $3,810,00 41 GUILFORD $56,625.00 $56,625.00 42 HALIFAX $9,138,00 $9,138,00 43 HARNETT $10,997,00 $10,997,00 44 HAYWOOD $25953.00 $25,953,00 45 HENDERSON $21 993,00 $21,993,00 46 HERTFORD $7082.00 $7,082.00 47 HOKE $3,474.00 $3474,00 48 HYDE $4420.00 $4,420,00 49 IREDELL $16,631,00 $16,631,00 50 JACKSON $4,149.00 $4,149,00 51 JOHNSTON $23,393,00 $23,393.00 26 N,C, Division of Public Health Budgetary Estimate to Local Health Departments, SFY 07-08 Original _X_ Activity # 110 Activity Name: General Aid-to-Counties REV 11 ROW 1 FundIRCCIFRC FundlRCCJFRC FundlRCCIFRC FundlRCCIFRC Fund/RCCJFRC 2117-1530-04 Total of All Payment Period 01108-06108 Payment Period - Payment Period - Payment Period - Payment Period - Service Period 12107-05108 Service Period - Service Period - Service Period - Service Period - COUNTY Sources 52 JONES $1,872,00 $1,872,00 53 LEE $4,266,00 $4 266,00 54 LENOIR $15046,00 $15,046,00 55 LINCOLN $5,816,00 $5816,00 56 MACON $3,727,00 $3,727,00 57 MADISON $7,304,00 $7,304,00 04 MAR-TYR-WASH $8363,00 $8,363,00 60 MECKLENBURG $54,702,00 $54,702,00 62 MONTGOMERY $8,757,00 $8,757,00 63 MOORE $7,767,00 $7,767,00 64 NASH $18261,00 $18,261,00 65 NEW HANOVER $13,395,00 $13,395,00 66 NORTHAMPTON $8,514,00 $8,514,00 67 ONSLOW $6,698,00 $6,698,00 68 ORANGE $10060,00 $10,060,00 69 PAMLlCO $5460,00 $5460,00 71 PENDER $11,584,00 $11,584,00 73 PERSON $9657,00 $9,657,00 74 PITT $53,163,00 $53,163,00 76 RANDOLPH $2596,00 $2596,00 77 RICHMOND $7,509,00 $7509,00 78 ROBESON $6830,00 $6830,00 79 ROCKING HAM $25891,00 $25,891.00 80 ROWAN $11,855,00 $11,855,00 05 R-P-M $28,965,00 $28965,00 82 SAMPSON $2,708. 00 $2,708,00 83 SCOTLAND $9738,00 $9738,00 84 STANLY $8,801,00 $8,801,00 85 STOKES $5,252,00 $5,252,00 86 SURRY $10,448,00 $10,448,00 87 SWAIN $6,144,00 $6,144,00 06 TOE RIVER $8336,00 $8,336,00 88 TRANSYLVANIA $8277,00 $8,277.00 90 UNION $35436,00 $35,436,00 92 WAKE $118045,00 $118,045,00 93 WARREN $7,509,00 $7 509,00 98 WAYNE $22,744,00 $22,744,00 97 WILKES $9,247,00 $9,247,00 98 WILSON $10,139,00 $10,139,00 99 YADKIN $5,901.00 $5,901,00 TOTALS BY CENTER $1,318.381.00 $0,00 $0,00 $0,00 $0,00 $1,318,381,00 CHECK GRAND TOTAL $1,318,381.00 Signature and Date - DPH Program Administrator Signature and Date- Division of Public Health Budget Officer Signature and Date - DPH Section Chief 27 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-195 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-195 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: HealthlAdministrationlWomen's Preventive Health Exnenditure: Decrease Increase Healthl Administration: Salaries and Wages $5,1 00 Health/Women's Preventive Health: Supplies $8,295 Total $13,395 Revenue: Decrease Increase Healthl Administration: NC Department of Health & Human Services funds $13,395 Total $13,395 Section 2: Explanation To budget receipt of funds from NC Department of Health and Human Services, Division of Public Health, to participate in a Random Moment Time Study to support public health activities. The Health Department is requesting approval for a new part-time (20 hours/week) Administrative Support Technician. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-195 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 6 Estimated Time: Page Number: Department: Museum Presenter: Ruth Haas Contact: Ruth Haas SUBJECT: Approval to Submit Application to Co-Manage Grassroots Arts Grants BRIEF SUMMARY: Cape Fear Museum requests authorization to apply to co-manage the New Hanover County designated Grassroots Arts funds with the Greater Wilmington Arts and Cultural Alliance (GWACA). Cape Fear Museum will serve as the applicant to manage the Grassroots Arts grants distributed by the North Carolina Arts Council for New Hanover County. CFM will request the $51,875 allocation. Twenty percent of the grant will be requested to fund administration of the grant and GWACA. This money funds a ten-hour per week internlstaff person who manages grant applications and administers GWACA's office space, records, and web site. The County provides office space at the Museum for GWACA that is valued at $8,000. Eighty percent of the grant is awarded as subgrants to arts organizations, according to an approved competitive process. The expectation continues that GWACA will apply for and be designated the sole County Partner for this program, when revenues are sufficient to expand the hours for administration of ongoing activities. Until then, Cape Fear Museum agrees to be the lead for managing the program. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize application for funds and acceptance of funds under the terms described. A budget amendment will be submitted to the Board of County Commissioners for approval if funds are received. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ . ~"....... 8 021 8 ..\1s G<lnt FYC'3 -- NHC;.J$ REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES: 29 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 30 Grassroots Arts Grant FY09-- , Intern Administrator match Cape Fear Museum GWACA Detailed Budget 31 This page intentionally left blank. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 7 Estimated Time: Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Approval to Apply for a Grant from the Good Shepherd Fund, Inc. (Located in Whiteville, NC) BRIEF SUMMARY: The Sheriff's Office wishes to apply for a $2,000 grant (max. allowed) from the Good Shepherd Fund, Inc., located in Whiteville, NC. The grant proposal is for the funds to be used for the Sheriff's Office Safe Summer Program. (The Sheriff's Office has received a Good Shepherd Fund, Inc., grant award for the past two years for the Safe Summer Program.) The Safe Summer Program is an annual event held during the summer and serves as a continuum of the training that the D.A.R.E. (Drug Awareness Resistance Education) Program provides during the school year. Students that graduate from the D.A.R.E. Program participate in the Safe Summer Program. The summer program allows children to participate in activities that reinforce the positive elements of life and enables them to see that there are alternatives to drug usage. The Good Shepherd Fund. Inc., stipulates that grant awards be used for drug abuse prevention, intervention, and education. Background information on Good Shepherd Fund, Inc., is attached. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize application for a $2,000 grant from the Good Shepherd Fund, Inc. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: $2,000 Good Shepherd Fund, Inc., if the grant is awarded. No local match requirement. ATTACHMENTS: Good Shepherd Fund, Inc. background information REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 - " t. . # The ~ ~SHEPHERD Fund P,O. Box 1625 Whiteville, North Carolina 28472 .. The Good Shepherd Fund, Inc. is a nonprofit board made up of community members interested in the prevention of substance abuse. The Good Shepherd Fund, Inc. began in 1956 as the Good Shepherd Horne and Clinic, Inc. The home was located at Lake Waccamaw and provided alcoholics with spiritual counseling, physical care, vocational training, educational and recreational rehabilitation. Residents of Columb~~ Blade1!-~2besQ'&' New Hanover. Brunswick cbunges otN.C. and H9J~~,~ county of S.C. were eligible for"services"in the horne" Due to lack of participation, changes in standards set forth by the state, and increased operational expense the home was. no longer able to remain operational and was sold in 1986. The money from the sale of the home was. placed in a trust . fund until 1999 at which time the funds were reinvested by Edward Jones Investments. The re-investments of the funds should increase the funds available to be distributed in the form of grants as the new investments offer a much higher degree of income and growth potential than the previous trust fund offered. The Good Shepherd Fund, Inc. used the interest money frOlU the sale of the home to provide grants to community agencies for substance abuse prevention each year. The above referenced counties are still served by the Good Shepherd Fund." Inc. \ ! 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Consent Item #: 8 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2008. 08-171 - Museum 08-172 - Museum 08-174 - Social Services 08-183 - Sheriff's Office 08-184 - Sheriff's Office 08-190 - Health Department 08-191 - Health Department 08-192 - Health Department 08-193 - Library 08-194 - Library 2008-92 - Finance 2008-95 - Sheriff's Office 2008-96 - Sheriff's Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinances for the budget amendments listed in the summary above. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008. ATTACHMENTS: ~ ~ ~ ~ ~ ~ D ~- 1 7l 2- 2.5-{i8. do s D~-' 72 2-2f.0S.dos D~-' 74 1-12.DE!.dos D~- 1 S3 2- 2.5-{iE!. dos D~-' E!4 2-2.5-{iS.dos D~-15{j 2-2f.D8.dos ~ ITS-' 51 2-2E.DB.dos ~ ~ ~ ~ ~ ~ D8-' 52 2-2E.DE!.dos D~-153 2-2E-D8.dos D8-' 542-2f.[jS.dos 2W8-922-'':::{jS.dos 2W8-95- 2-2.5-{iS.dos 2W8-S-5 2-2.5-{iE!.dos 35 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 36 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-171 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-171 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Museum/Grassroots Grant Exnenditure: Decrease Increase Grassroots Grant: Contracted Services $5,074 Advertising Expenses 600 Total $5,674 Revenue: Decrease Increase Grassroots Grant: Grassroots Grant $5,674 Total $5,674 Section 2: Explanation To budget receipt of the North Carolina Humanities Grant that supports our Community Conversations Program. This Program brings 7 noted history/environmental scholars to the community for staff development and public programs, including the LongleafPine Forest gallery scheduled to open in 2010. Four public programs will be formatted, encouraging community participants to dialogue about the scholars' research and exhibit content. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-171 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 37 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-172 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-172 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Museum/Cape Fear Museum Association Exnenditure: Decrease Increase Museum: Temporary Salaries $ 7 ,140 Social Security Taxes 547 Contracted Services 4,200 Supplies 34,852 Total $46,739 Revenue: Decrease Increase Museum: Cape Fear Museum Association Contribution $46,739 Total $46,739 Section 2: Explanation To budget contributions received from the Cape Fear Museum Associates, Inc., to support Flavor of the Past program, Ocean exhibit, and 50% temporary salaries for Museum Educator/Facilitator. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-172 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 38 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-174 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-174 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/ Energy Assistance Exnenditure: Decrease Increase Energy Assistance: Assistance Payments $227,239 Total $227,239 Revenue: Decrease Increase DSS-Administration: 1571 Funds - Federal/State $227,239 Total $227,239 Section 2: Explanation To budget additional Crisis Intervention Program (CIP) funds of $227,238.64 received from the State for energy assistance. The increased allocation is a one-time event, and there are no additional matching County monies required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-174 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 39 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-183 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-183 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff's Office Exnenditure: Decrease Increase Sheriff Administration: Court Ordered Expenditures $114,985 Total $114,985 Revenue: Decrease Increase Sheriff Administration: Court Ordered Proceeds $114,985 Total $114,985 Section 2: Explanation To budget funds received by Court Order from the State of North Carolina, Superior Court Division, for cash alleged to be proceeds from illegal activities. Funds ordered forfeited to the New Hanover County Sheriffs Office to be used at the discretion of the Sheriff of New Hanover County. Court Order signed by Superior Court Judge W. Allen Cobb, Jr. Funds were lawfully seized and subject to forfeiture pursuant to N.C. G.S. 14-292. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-183 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 40 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-184 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-184 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff's Office/Gang Task Force Exnenditure: Decrease Increase Gang Task Force: Contracted Services $2,019 Supplies 7,859 Employee Reimbursements 1,000 Total $10,878 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $5,851 Gang Task Force Grant: Dept. of Juvenile Justice & Delinquency Prevention Grant 5,027 Total $10,878 Section 2: Explanation To carry over unspent balance of Department of Juvenile Justice and Delinquency Prevention grant funds of $5,027 and $5,851 unspent local match funds for the Gang Task Force grant. The Gang grant was a two- year grant award and State approval to carry over the unspent grant funds from year one to year two was just recently received. Prior to actions taken at this Board of County Commissioners meeting, the revised Appropriated Fund balance is $9,233,176. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-184 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 41 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-190 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-190 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Public Health Bioterrorism Exnenditure: Decrease Increase Public Health Bioterrorism: Contracted Services $2,000 Supplies 16,000 Training & Travel 2,000 Total $20,000 Revenue: Decrease Increase Public Health Bioterrorism: Cities Readiness Initiative Grant $20,000 Total $20,000 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Public Health Regional Surveillance Team (PHRST) from the NC Department of Health and Human Services, Epidemiology Section, Public Health Preparedness and Response Office for the Cities Readiness Initiative. Funds will be used to maintain kits that will allow our PHRST and Local Bioterrorism team to have the necessary medical and non-medical supplies to respond to a disaster. Funds will also be used to help other counties in the PHRST Region 2 conduct training exercises. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-190 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 42 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-191 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-191 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/NC Pandemic Influenza Planning Exnenditure: Decrease Increase NC Pandemic Influenza Planning: Contracted Services $4,000 Supplies 44,500 Training & Travel 2,000 Total $50,500 Revenue: Decrease Increase NC Pandemic Influenza Planning: Emergency Preparedness Pandemic Influenza Grant $50,500 Total $50,500 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Pandemic Influenza program from the NC Department of Health and Human Services, Epidemiology Section, Public Health Preparedness and Response Office for Emergency Preparedness Pandemic Influenza. These funds will be used to purchase supplies that will allow us to respond to a local event; such as, a generator, pop-up tents, medical supplies, vests to identify staff in the Incident Command structure, medical books, and other similar items. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-191 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 43 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-192 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-192 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Women's Preventive Health Exnenditure: Decrease Increase Women's Preventive Health: Supplies $60,000 Total $60,000 Revenue: Decrease Increase Women's Preventive Health: Family Planning (Title X) Grant $60,000 Total $60,000 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Women's Preventive Health program from the NC Department of Health and Human Services, Division of Public Health, Family Planning (Title X). These funds have been awarded as one-time bonus funds based on performance as demonstrated in increased caseload of family planning patients. These funds will be utilized for medical and office supplies related to family planning, condoms, and birth control/contraceptives. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-192 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 44 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-193 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-193 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library/Partnership for Children Exnenditure: Decrease Increase Partnership for Children: Salaries and Wages $2,500 Supplies 1,570 Total $4,070 Revenue: Decrease Increase Partnership For Children: Partnership for Children $4,070 Total $4,070 Section 2: Explanation To budget additional funds of $4,070 received for the Smart Start for Growing Readers program. These funds will provide increased training for Child Care workers and develop training materials for distribution. Additional Early Literacy books will also be purchased. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-193 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 45 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-194 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-194 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library Exnenditure: Decrease Increase Library: Supplies - Books & Periodicals $20,000 Supplies 4,424 Total $24,424 Revenue: Decrease Increase Library: State Aid $24,424 Total $24,424 Section 2: Explanation To increase budget to actual amount of grant for FY07-08. Additional funds of $24,424 were received from the NC Department of Cultural Resources Aid to Public Libraries Grant Fund. The original allocation of $187,581 has been increased to $212,005. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-194 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 46 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-92 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-92 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: $125 Million School Bonds Capital Project Department: Finance Exnenditure: Decrease Increase Transfer to General Fund $313,894 Total $313,894 Revenue: Decrease Increase Investment Earnings $313,894 Total $313,894 Fund: General Fund Department: Commissioners I Exvenditure: I Decrease ~ Increase I Total Revenue: Decrease Increase Transfers in from Capital Proiects (Fund 333) $313,894 Appropriated Fund Balance $313,894 Total $313,894 $313,894 Section 2: Explanation This budget amendment closes Fund 333, the 1997 $125 Million School Bonds Project. The remaining investment eamings will be transferred to General Fund / Fund Balance. Prior to actions taken at this Board of County Commissioners meeting, the revised Appropriated Fund balance is $9,233,176. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-92 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 47 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-95 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-95 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriff's Office Exnenditure: Decrease Increase Controlled Substance Tax: Supplies $13,100 Total $13,100 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $12,344 Interest on Investments 756 Total $13,100 Section 2: Explanation To budget 1/24/08 receipt of$12,344 and $756 interest earned October 2007 through January 2008. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary . Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-95 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 48 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-96 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-96 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriff's Office Exnenditure: Decrease Increase Federal Forfeited Property: Supplies $72,672 Total $72,672 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $69,999 Interest on Investments 2,673 Total $72,672 Section 2: Explanation To budget January 13, 18,31,2008, receipts of $69,999 and $2,673 interest eamed October 2007 through January 2008. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-96 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 49 This page intentionally left blank. 50 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 1: 10 p.m. 1. Presentation of New Hanover County Service Awards 53 1 :20 p.m. 2. Recognition of Nancy Pritchett and Annette Crumpton, Recipients of2007 55 Cape Fear Council of Governments Awards 1:25 p.m. 3. Consideration of Fair Housing Month Proclamation 59 1 :30 p.m. 4. Consideration of Resolution Approving Sole Source Purchase of Robinson 61 R-44 Helicopter with Police Package and Adoption of Ordinance for Budget Amendment 2008-84 1:40 p.m. 5. Consideration of Authorization to Apply for aN. C. Governor's Highway 65 Safety Program (GHSP) Grant for Traffic Enforcement 1 :50 p.m. 6. Presentation: Tsunami Ready Community Designation 71 1 :55 p.m. 7. Presentation: Human Relations 2007 Annual Report 73 2:00 p.m. 8.1 Public Hearing 75 Rezoning Request (Z-879, 2/08) - Request by LS3P for Michael White (Old Wilmington Shipyard, LLC, et al) to Rezone Approximately 25 Acres Located at 1550 Point Harbor Road in the Conservation Land Classification from 1-1 Light Industrial to RFMU Riverfront Mixed Use District 2:30 p.m. 8.2 Public Hearing 95 Rezoning Request (Z-880, 2/08) - Request by Matt Nichols for River Bluffs Development Corporation to Rezone 237 Acres Located atthe West End of Chair Road in the Wetland Resource Protection, Natural Heritage Resource Protection, Aquifer Resource Protection, and Conservation Land Classifications from R-20 Residential to PD Planned Development District for a Continuing Care Retirement Community 3:20 p.m. 8.3 Public Hearing 125 Special Use Permit Modification (S-13) - Request by Ken Shanklin for Tim Ward to Modify the Site Plan for Special Use Permit S-13 to Relocate Piers, Eliminate the Boat Ramp and Modify the Clubhouse Footprint in the R-15 Residential Zoning District at 1512 Burnett Road in the Conservation Land Classification (NOTE: A request to continue the item until June 2008 is included in the applicant materials.) 4: 15 p.m. 9. Public Hearing on Mason Inlet Special Assessment 145 4:30 p.m. 10. Consideration of Award of Bid 08-0272 and Approval of Contract 08-0272 to 149 Triad Fire, Inc. for the Purchase of a 100' Aerial Platform Ladder Fire Truck for $844,551 and Adoption of Ordinance for Budget Amendment 08-164 51 4:40 p.m. 11. Consideration of Adoption of Capital Project Ordinance to Establish the 153 Murrayville Fire Station Capital Project and Resolution to Award bid and Authorization to Execute Contract with Dixie General Contractors for Construction of the Murrayville Fire Station and Adoption of Ordinance for Budget Amendment 2008-98 4:50 p.m. 12. Consideration of a Resolution Authorizing the Execution and Delivery of an 159 Installment Purchase Contract with Suntrust Leasing Corporation to Finance the Acquisition of a Bulldozer, Loader, and Aerial Fire Truck 5:00 p.m. 13. Public Hearing 163 Financing of Jail Land, Murrayville Fire Station, Public Safety Training Center and Customs Building at Wilmington International Airport 5:10p.m. 14. Consideration of Text Amendments to New Hanover County Storm Water 229 Ordinance 5:30 p.m. 15. Consideration of Funding Request from Cape Fear Public Transportation 237 Authority (Wave Transit) 5:35 p.m. 16. Briefing on Potential Effort to Consider Consolidation of Fire Services 241 between the County and City 5:45 p.m. 17. Consideration of a Resolution to Advance the Next Countywide Revaluation 243 in New Hanover County to Four (4) Years 5:55 p.m. 18. Convene as Board of Equalization and Review 245 6:00 p.m. 19. Committee Appointment 247 6:05 p.m. Dinner Break 6:35 p.m. 20. Meeting of the Water and Sewer District 253 7:35 p.m. 21. Non-Agenda Items (limit three minutes) 7:40 p.m. 22. Additional Items 7:50 p.m. 23. The Board will Enter into a Closed Session to Consider a Personnel Matter Pursuant to G.S. 143-318.11(a)(6) 8:20 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is complete. 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 1 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce T. Shell Contact: Marlene Carney SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are eligible to receive New Hanover County Service Recognition: FIVE (5) YEAR: Donna Seal - Budget Department; Cynthia Tatum - Health Department; LaVaughn Nesmith - Social Services TEN (10) YEAR: Karen Hall - Inspections Department; Nathan Jones - Sheriff's Office; Frances Morrisey - Sheriff's Office; Douglas Perry - Sheriff's Office; Kathryn Bujalski - Library FIFTEEN (15) YEAR: Thomas Burdette - Engineering Department; Lou Miller - Social Services TWENTY (20) YEAR: Jan Kavanaugh - Information Technology; Ruby Cromartie - Property Management; Andrea Kelly - Social Services RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present service awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented service awards. 53 This page intentionally left blank. 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell Item Does Not Require Review SUBJECT: Recognition of Nancy Pritchett and Annette Crumpton, Recipients of 2007 Cape Fear Council of Governments Awards BRIEF SUMMARY: Cape Fear Council of Governments recognized outstanding local government leaders at their Annual Meeting and Awards Banquet on February 28,2008. New Hanover County is proud to have two recipients. Commissioner Nancy Pritchett received the 2007 Lynwood Norris Outstanding Executive Board Member award. Annette Crumpton, Director of the Department of Aging, received the 2007 Area Agency on Aging Professional Excellence award. The narratives from the awards banquet are attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize Commissioner Pritchett and Annette Crumpton. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize Commissioner Pritchett and Annette Crumpton. COMMISSIONERS' ACTIONS/COMMENTS: Recognized Commissioner Pritchett and Annette Crumpton. 55 2007 Lynwood Norris Outstanding Executive Board Member C()/f(I1(/~<fIQlfe~ ;f/alf(}! P~/'t(}!vett This award is given annually to the CFCOG Executive Committee member who, through their support and frequent involvement, has distinguished themselves as the most valuable player for the year. Certainly all of our committed members have been invaluable to us and they give selflessly of their time to attend meetings and support the activities of the Council. However, there is always one champion who emerges each year, and this year that is Nancy Pritchett. Whether working as the chair of the regional Gang Task Force, or promoting senior forums, or steering the WAVE public transit programs as their Chair, Nancy is busy making a difference everywhere she serves. She says it is time to retire and make time for family, so that means we will loose another champion this year. We can't make her stay, but we can recognize her for her efforts with this award as the Outstanding Executive Board Member for 2007. ----_..__.~--- 56 2007 Area Agency on Aging Professional Excellence ;f(~. Ifl(l(ette Ol"aM;ttJl( Annette Crumpton grew up in Moultrie, Georgia. She was very involved with piano, ballet, beauty pageants and sewing. Annette graduated from Texas Christian University in 1965 with a Bachelor's Degree in Fine Arts - Dance Performance. Following graduation, Annette and her family moved back to Moultrie, GA. and she opened her first dance studio and started a profession teaching ballet. Annette moved to Wilmington in 1973 and began working at the Community Arts Center and was in a partnership with the Wilmington Civic Ballet. Annette not only taught ballet for the School of the Civic Ballet, but also performed with the company. During this time, Annette also worked in the New Hanover County School System and was able to touch the lives of many students who would have never been able to dance or gain an appreciation for this art form. Annette has a great appreciation for music and early in her career with the City of Wilmington, she started a band of older adults called the "Good-Timers Band". This unique band was an inspiration to her and the community. This was probably the pivotal moment in Annette's life that laid the foundation for the next two decades of a life dedicated to older adults. Annette began working for the New Hanover County Department of Aging while it was still located on Carolina Beach Road in the Lucille Shuffler Center and has been the Director since 1984. She played a major role in the important expansion of the Department of the Aging that led to a new spacious facility equipped to bringing many more services to the elderly. She started a tap dance company known as the "High Steppers" and has directed this group for many years, and is still an active performer, choreographer, and teacher today. The "High Steppers" perform all over Wilmington, but most importantly have competed and won at the Silver Arts competition with Senior Games in Raleigh many times. The New Hanover County Department of Aging continues to grow under Annette's leadership. The New Hanover County Senior Center earned the honored status of "Senior Center of Excellence" from the NC Division of Aging/Adult Services in 2001 for its high level of services and activities and has maintained this status ever since. If Annette is not working or dancing, you will probably find her in a yoga class, swimming, or walking on the beach. If that is not enough, you will find her eagerly interacting, entertaining, or inspiring her three children and five grandchildren. -~--------_..- 57 This page intentionally left blank. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 3 Estimated Time: Page Number: Department: Human Relations Presenters: Carl A. Byrd, Sr., Director and/or Lethia S. Hankins, Chairperson Contact: Carl A. Byrd, Sr. Item Does Not Require Review SUBJECT: Consideration of Fair Housing Month Proclamation BRIEF SUMMARY: The New Hanover Human Relations Commission members request the New Hanover County Board of Commissioners to proclaim April 2008 as "Fair Housing Month" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ - -. - Fa!rl1o'J$pro03.dos ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 59 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FAIR HOUSING MONTH PROCLAMATION WHEREAS, the New Hanover Human Relations Commission and the Friends of Human Relations, Inc. are sponsoring Fair Housing Month; and WHEREAS, the New Hanover Human Relations Commission seeks the elimination of housing discrimination through public awareness and housing community education and understanding of Fair Housing Laws; and WHEREAS, we encourage all citizens to respect, work, and support the establishment of fair and equitable housing for all persons regardless of race, religion, sex, color, disability, and familial status; and WHEREAS, through personal commitment to the value of justice and Civil Rights, specifically as they pertain to housing, each of us can help to preserve, protect, and perpetuate the rights of others to freedom, liberty, and justice. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2008 be recognized as "Fair Housing Month in New Hanover County". All citizens are called upon to join forces in creating and practicing a mutual bond of recognizing and respecting differences, and resolve to accept a personal challenge to provide fair housing opportunities to all citizens of New Hanover County. ADOPTED this the 10lh day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 4 Estimated Time: Page Number: Department: Sheriff's Office Presenter: Sheriff Causey Contact: Major Hines SUBJECT: Consideration of Resolution Approving Sole Source Purchase of Robinson R-44 Helicopter with Police Package BRIEF SUMMARY: The Sheriff's Office desires to purchase a Robinson R-44 Helicopter equipped with Police Package for their use. This equipment will be a valuable asset in combating crime in our community. The equipment will be purchased from Segrave Aviation, Inc., the only authorized Robinson R-44 Helicopter dealer, to include sales and service, in North Carolina. The Robinson R-44 Police Helicopter is designed, manufactured, and tested by Robinson as a complete FAA-approved police helicopter. The total cost of the helicopter and equipment is $683,050 excluding any discounts offered by the dealer. General Statute 143-129(e)(6) provides that the purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration The Sheriff's Office requests that this purchase be approved as a sole source per GS 143-129(e)(6) and the purchase be awarded to Segrave Aviation, Inc., the only authorized dealer for the Robinson R-44 helicopter in North Carolina. On October 15, 2007 the Board accepted a grant from the Port Security Grant Program for the Security by Air project and approved the associated budget amendment in the amount of $267,000. This project involved labor and materials for the complete installation of a helicopter landing pad, as well as radio and lighting equipment for the helicopter. These funds will be used towards the purchase of the helicopter and equipment. All other monies will be paid using Federal Forfeited Funds. (Discounts total $70,983.) RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt sole source resolution for the purchase of the Robinson R-44 helicopter equipped with Police Package from Segrave Aviation, Inc. in the amount of $683,050 and ordinance for the associated budget amendment 2008-84. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ Re$olution-Soie Sou;ce-helicoptor equipment ,dos 2W~-E!4 2-27..-J8-.dos 61 REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider request. COMMISSIONERS' ACTIONS/COMMENTS: Adopted the resolution 5-0. Adopted the ordinance for budget amendment 2008-84 by a vote of 5-0. 62 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County Sheriff's Office desires to purchase a Robinson R-44 Helicopter equipped with Police Package from Segrave Aviation, Inc.; and WHEREAS, The R-44 Police Helicopter is designed, manufactured, and tested by Robinson as a complete FAA-approved police helicopter; and WHEREAS, Segrave Aviation, Inc. is the only authorized Robinson R-44 Helicopter dealer which includes sales and service in North Carolina; and WHEREAS, General Statutes 143-129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, the Sheriff, the Finance Director, and the County Manager recommends that the purchase be awarded to Segrave Aviation, Inc., as a sole source provider for this equipment. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County that the sole source purchase be entered into with Segrave Aviation, Inc. in accordance with the sole source provision in G.S.143-129(e)(6) in the amount of$683,050. ADOPTED this the 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 63 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-84 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Amendment 2008-84 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Federal Forfeited Property Revenue: Decrease Increase Federal Forfeited Property Receipts $345,067 Total $345,067 Exnenditure: Decrease Increase Transfer to General Fund (Uniform Patrol) $345,067 Total $345,067 Section 1: Details of Budget Amendment: Fund: General Fund Department: Uniform Patrol Revenue: Decrease Increase Transfer in from Federal Forfeited Property Fund $345,067 Total $345,067 Exvenditure: Decrease Increase Motor Vehicles $345,067 Total $345,067 Section 2: Explanation This budget amendment is to increase Uniform Patrol's budget for the purchase of a helicopter. The revenue will come from future receipts of Federal Forfeited Property revenues. Part of the cost of the helicopter will be funded by a grant from the Department of Homeland Security. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-84 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008 (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 5 Estimated Time: Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Consideration of Authorization to Apply for a N.C. Governor's Highway Safety Program (GHSP) Grant for Traffic Enforcement BRIEF SUMMARY: A project concept statement submitted by the Sheriff's Office has been approved by the N.C. Governor's Highway Safety Program for 2008 grant funding consideration. The next step in the funding process is to submit a grant contract and local governmental resolution to GHSP. Explanation of the project follows: The increased traffic in New Hanover County has subsequently resulted in a substantial increase in traffic accidents. AAA Carolinas ranked New Hanover County as the top county for best chance of being in a crash. The Sheriff's Office concept statement includes 4 positions (3 Deputies, 1 Lieutenant) dedicated to traffic enforcement. They will participate in "Click It or Ticket" and "Booze It and Loose It" campaigns, conduct checkpoints for seat belt use, DWI violations, and other traffic violations throughout New Hanover County. Emphasis will be placed on addressing the growing number of motorists driving while impaired (DWI detection). These positions will provide additional manpower to the Sheriff's Alcohol Field Enforcement (SAFE) traffic unit. The goal for the traffic enforcement project is to decrease incidents related to accidents by 10% with a 15% decrease in traffic accidents within New Hanover County. Main objectives are to increase traffic enforcement in problem areas, coincide enforcement with peak traffic times and days of the week, and increase DWI detection to ensure the safety of citizens and tourists traveling the roadways of New Hanover County. First year funding for the traffic enforcement project includes: $116,979 salary/fringes for 4 full-time positions April - September 2008 and $194,000 for equipment, which includes: $12,000, uniforms; $120,000, 4 road-ready equipped vehicles; $12,000 speed monitor trailer; $16,000, 4 laptops/printers; $10,000, 4 dual antenna radar units; and $24,000, 4 in- car video systems. Total project for the first year is $310,979. There is no local match requirement for first year salaries/fringes. There is a 25 percent local match requirement of $48,500 on the $194,000 for equipment. The Sheriff is requesting General Fund contingency funds be used for the local match requirement on the equipment. If the grant is awarded, GHSP requires that the project period be at least three years. Grant contracts are submitted to GHSP for each year. The Sheriff is in agreement with this requirement. The GHSP formula for the local match of personnel funds follows: first year, 0%; second year, 25%; third year, 50%; fourth year 100%. Equipment funds are included in the first year of the project. A budget amendment will be submitted to the County Commissioners for approval if funds are received. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriff's Office to submit a full grant application and local governmental resolution to GHSP and accept the grant if awarded. 65 FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 4 Explanation: First year of Project $310,979 Funding Breakdown: $262,479 federal and $48,500 local match requirement on equipment (General Fund contingency funds) ATTACHMENTS: Concept Statement Approval Letter Local Governmental Resolution GHSP Safety Project Contract - first page. (Full contract is available in the Manager's Office for review.) REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider request. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 66 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY L YNDO TIpPETT GoVERNOR SECRETARY February 14,2008 Sergeant T. L. Fuss New Hanover County Sheriffs Office 3950 Juvenile Center Dr. Castle Hayne, NC 28753- --d/t~C~~ Re: Submitted FY 2008 Concept Statement Approval Dear Sgt. Fuss: The Governor's Highway Safety Program (GHSP) grant management team has completed its final review of concept statements for fiscal year 2008. Your proposal was approved for consideration with possible exception. This means that changes may need to be made on your concept before a contract is written. Although your concept has been approved for consideration, this does not necessarily assure funding. Specifics on the nature of the changes that must be made and the amount of funding for your grant can be obtained from your Highway Safety Specialist, Craig Moss. Contact your Highway Safety Specialist if you have questions or concerns. The next step of the funding process is the submission of a contract. Do not submit a contract until you have contacted your Highway Safety Specialist. Updated contract forms are available on the GHSP web-site. Contracts are due to the GHSP office no later than March 1, 2008. Thank you for your interest in being part ofthe North Carolina Highway Safety Plan for 2008. Sincerely, ~~~~ "- Darrell Jernigan, Director .- ""...., MAILING ADDRESS: TELEPHONE: 919-733-3083 LOCATION: NC DEPARTMENT OF TRANSPORT AnON FAX: 919-733-0604 215 EAST LANE STREET GOVERNOR'S HIGHWAY SAFETY PROGRAM RALEIGH NC 1508 MAll SeRVIce CeNTER WWW.NCDOT.ORGlSECRETARY/GHSP RALEIGH NC 27699-1508 67 GHSP-06-A North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION Form GHSP-06-A (To be completed, attached to and become part of Form GHSP-06, Highway Safety Equipment Project Contract.) WHEREAS, the New Hanover County Sheriff's Office (herein called the <<Agency") (The Applicant Agency) has completed an application contract for traffic safety funding; and that New Hanover County Board of (The Governing Body of the Agency) Commissioners (herein called the "Governing Body") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS 10th DAY OF March 20 08, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriff's Office is authorized to file, on behalf of the Governing (Name and Title of Representative) Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $ 262,479 to be made to the Governing Body to assist in defraying (Federal Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $ 48,500 ' as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall fumish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting by ATTESTED BY SEAL (Clerk) DATE Rev. 5/04 68 GHSP-02 North Carolina Governor's Highway Safety Program Highway Safety Project Contract - Form GHSP-02 SECTION A -GENERAL INFORMATION 1. Name of Applicant Agency 4. Name of Project Contact Person for Agency New Hanover County Sheriff's Office First Sergeant T. L. Fuss 2. Address of Applicant Agency 5. Telephone Number of Contact Person 3950 Juvenile Center Road (910) 798-4156 Castle Hayne, North Carolina 28429 6. Email Address of Contact Person TFuss@nhcgov.com 3. Location of Project (if different from # 2) 7. Fax Number of Contact Person Same (910) 798-4257 8. Federal Tax 10 Number I Type of Agency 9. Type of Application Federal Tax 10 Number: 56-6000324 [gI Initial o Continuation Tvpe of AQencv Year: [gI1 02 03 o State o Non-Profit IZI County D Higher Education o Municipality o Hospital 10. Project Title (Optional):Traffic Enforcement 11. Budget Total Source of Funds Project Federal State I Local Amount % Amount % Amount Personnel Costs $116979 100 $116979 0 $0 Contractual Services $ $ $ Commodities Costs $ $ $ Other Direct Costs $194,000 75 $145,500 25 $48,500 Indirect Costs $ $ $ Total Project Costs $310979 $262479 $48,500 12. Specify How Non-Federal Share Will Be Provided: The non-federal share would be provided from New Hanover County General I Contingency Fund. FOR.GHSP USE ONLY To GMS: DGB 0 FH 0 TH To Finance Officer Date: ,20_ o CL 0 JS Dsc GMS Initials: Date: ,20 Finance Officer: Initials Date: ,20 Work Type: Project Number: CFDA#: 20. - - - - Ref#: - Rev 6/05 1 69 This page intentionally left blank. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 6 Estimated Time: Page Number: Department: Emergency Management Presenter: Tom Matheson, Warning Coordination Meteorologist, National Weather Service Forecast Office, Wilmington Contact: Warren Lee SUBJECT: Presentation: Tsunami Ready Community Designation BRIEF SUMMARY: New Hanover County has completed all National Weather Service requirements for designation as a "Tsunami Ready Community". Tom Matheson, Warning Coordination Meteorologist with the Wilmington Office of the National Weather Service will describe the Tsunami Ready program and make an official presentation to the Board of Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept official designation as a "Tsunami Ready Community". FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ hunami Sign.ppt' REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and accept official designation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation, accepted designation. Adopted a resolution 5-0 to recognize and thank Tom Matheson for his service and wish him well in his retirement. 71 -...-..-...-.....-- 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 7 Estimated Time: Page Number: Department: Human Relations Presenter: Carl A. Byrd, Sr. Contact: Carl A. Byrd, Sr. Item Does Not Require Review SUBJECT: Presentation: Human Relations 2007 Annual Report BRIEF SUMMARY: Carl A. Byrd, Sr., Director of the New Hanover Human Relations Commission, will present the New Hanover Human Relations Commission 2007 Annual Report. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept/approve the 2007 New Hanover Human Relations Commission's Annual Report. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 2007 Annual Report will be distributed after returning from the printer. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Heard report. 73 This page intentionally left blank. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 8.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning Request (Z-879, 2/08) - Request by LS3P for Michael White (Old Wilmington Shipyard, LLC, et al) to Rezone Approximately 25 Acres Located at 1550 Point Harbor Road in the Conservation Land Classification from 1- 1 Light Industrial to RFMU Riverfront Mixed Use District BRIEF SUMMARY: At its February 7, 2008 meeting the Planning Board voted 6-0 (1 recused) to recommend approval. Only one person spoke during public comments and generally supported the project. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one-year waiting period to reapply). 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ Z -879 chris pres.J ane a,g.g.i.~ion. doc Z .879 2.08~~elition Summary. doc Z .879 CH EATS H E E T. doc ~. ~ ~ : '.: : :~~~ ::.-::"-::.;. 'oJ"~; i..,.... Z.879.pdf Applicatlt Material:;:.Z-879.pdf [Botley Lttrdoc site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 75 CASE: Z-879, 2/08 PETITIONER: LS3P (Chris Boney) for Old Wilmington Shipyard, LLC et al (Michael White) REQUEST: From 1-1 Light Industrial to RFMU Riverfront Mixed Use ACREAGE: Approximately 25 Acres LOCATION: 1550 Point Harbor Road LAND CLASS: Conservation PLANNING BOARD ACTION: At its February 7, 2008 meeting, the Planning Board voted 6-0 (1 recused) to recommend approval of the. Only one person spoke during public comments and generally supported the project. STAFF SUMMARY The subject property is located in the western portion of the county in an area classified as Conservation on the 2006 CAMA Land Classification rnap. The property is accessed from Point Harbor Road, a local street near the intersection of US Highway 421 and Parsley Street (Isabel Holmes Bridge). Neither traffic counts nor levels of service are available for Point Harbor Road, however, service along US Highway 421 in this vicinity was shown at LOS B in 2005, meaning traffic flows at a stable pace. Traffic counts along US Highway 421 increased by approximately 19% between 2003 and 2005. The subject property is currently zoned I-I and the location of Point Harbor Marina as well as a landscaping operation. Properties south of the site continue to be utilized for marine industries. West of the site is the count shooting range. North of the site is the Holmes bridge, with additional industrial uses moving northward along the US 421 corridor. East of the site is the City of Wilrnington. The property is influenced by the airport transitional and conical zones. These zones are formulaically created, based on FAA standards to limit obstructions to runway access, airspace, lighting or reflection, navigational signals and radio communications in the vicinity of the airport. In the mid-1990's this property was rezoned under a split zoning of Conditional B-2 and R-15 for a more limited concept to mix residential and cornrnercial uses on the marina site. After a series of time extensions and modifications over the years, the property was rezoned back to 1-1(2-559) in January of2005. The subject property is located within the Cape Fear River watershed drainage area which is classified C(SW). The property is totally within the 100 year special flood hazard area. Soils are prirnarily shown as Urban Land, which is not classified or 2/28/2008 Page 1 of6 Z-879 76 described in the Soil Survey. Public water and sewer service is not currently available in the vicinity. Land Use Plan Considerations: This rezoning petition is the first project to be reviewed under the county's new RFMU standards. It proposes a change from 1-1 light industrial use to RFMU in order to allow association of residential and commercial developrnent with the existing marina operation. The RFMU enjoys options for greater height and lot coverage in exchange for mixed uses, public access, reduced surface parking, and sensitive treatment of environmental resources in a limited and specific eligible area on the west side of the river across from downtown Wilmington. The current site is developed as a marina with offices, rowing club, marine businesses and a landscaping business. Over many years the site has been used for maritime industrial purposes, leaving the area contaminated with petroleum products and metals. A remediation plan for cleaning up the site has been under way for several years, thus reducing negative environmental impacts when the final rernediation is cornpleted. The marina has recently applied for permits from DCM to add dry stack storage and to perform maintenance dredging. These activities would be allowable under current zoning. The owners desired to introduce residential cornponents to the existing industrial operations, and so the Riverfront Mixed Use zoning district seemed the most appropriate alternative to address health, safety, and welfare concerns. A portion of the property fronting along US Highway 421 is not part of this rezoning proposal and will rernain 1-1. That portion is heavily influenced by a DOT right-of-way stub of Point Harbor Road (the old US 421/17 roadbed). The applicant has requested abandonment of the stub. NCDOT has not reached a final decision on abandonment at the tirne of this writing. The abandonment request has a direct impact on the RFMU portion of the project as it relates to the street access entrance and "Building D" as shown on the proposed site plan. The proposal envisions a mixed developrnent on approximately 25 acres with a wet and dry slip marina expanded to include 220 condo units in 6 buildings, with first floor retail and structured parking. Most of the structures are 3 story condos over parking. The tallest of the buildings is 7 stories over parking. Maxirnum height, including parking, is shown as 118 feet. Non-residential uses (not including the dry stack) are estimated at 16,000 square feet of retail, restaurant, and office uses, or just under 4% of the project. The dry stack facility includes 200 dry slips in a building 80 foot tall with a footprint of about 25,200 sq. ft., bringing the non-residential cornponent total to rnore than 9%. The dry storage facility is designed to visually cornplernent the planned cornmunity. The marina shows 55 wet slips, including transient dockage, with an area of possible future expansion for an unspecified number of additional wet slips. 2/28/2008 Page 2 of6 Z-879 77 Highlights of the proposal include a public pedestrian plaza at the marina and pedestrian access along a shoreline promenade. Preservation of wetlands and addition of landscape trees will also contribute to a public benefit. The applicant proposes to incorporate as many of the newly devised Low Impact Development (LID) best rnanagement practices as possible. These would include concepts such as pervious pavers, rain gardens, water reuse and xeroscaping as well as LEED certified sustainable site design standards for construction. Infrastructure to support the project is not yet in place. The applicant intends to bring public water and sewer to the site via a directional bore under the Cape Fear River to tie into services on the City side. Negotiations with the County Manager and others seem to present an opportunity for partnership to advance the county's interest in providing services northward along the industrial corridor. The applicant indicates that voluntary annexation into the City is likely to be requisite to approval of the service connections, but the project will not be feasible until capacity is available in the Northside WWTP and the new utility authority will be the entity charged with accomrnodating the needs of the project. The proposal is located just south of the Isabel Holmes Bridge on the east side of US 421, about 800' south of the signalized intersection of US 421 and North Third Street. A traffic impact analysis (TIA) indicates trip generation of approxirnately 3,100 vehicles per day, with peak hour traffic around 150 vehicles per hour. The figures include consideration of a 120 roorn hotel, not included in the RFMU rezoning, and about 25% of the peak hour trips are credited to that use. The TIA recommends ingress/egress proposed as a right in/right out configuration which would route traffic on southbound US 421 to a right turn into a new roadway that would circle back under the Thomas Rhodes bridge and bring traffic back northerly along Point Harbor Road to the site. Northbound traffic on US 421 would make right turns into and out of the site. The right in/right out only option is the preferred method by all agencies and the applicant because safety is enhanced and Level of Service is maintained at Level D under that scenario as opposed to deteriorating to Level F under existing conditions. The TIA recommends construction of a right turn lane on US 421, improvernent of Point Harbor Road, and restriping to eliminate left turns. The entirety of the project is located within the 100 year flood plain in an AE (EL 9), and all structures must be built to meet the county's floodplain management standards for all uses. A condition of the TRC required the developer to create an evacuation plan with the director of emergency management, Warren Lee. The entities have met to discuss this requirement and will be developing hazard disclosures and information on evacuation routes to be provided to each buyer. Providing weather radios for each residential unit was also suggested and favorably received by the applicant. The project lies within the Airport transitional and conical zones, meaning all structures or other obstructions over 75 feet require additional review to assure cornpliance with the Airport Height Ordinance prior to issuance of building permits. In this case, the height 2/28/2008 Page 3 of6 Z-879 78 elevations are well above the overall allowable height of the RFMU, so no special authorizations are anticipated. The 2006 Update of the Joint CAMA Plan describes the purpose of the Conservation class as providing for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are prirnarily flood prone areas. In order to prornote the highest and best use while preventing a negative impact on water quality, site specific flexibility and creativity is desirable. The application of regulations regarding issues such as density, buffers and impervious surfaces should enhance this flexibility. The use of incentives such as density credits and performance criteria is encouraged. Generally, estuarine areas of environmental concern (AEC's) as defined by the State of North Carolina and adjacent lands within the 100-year floodplain have been classified as Conservation. Conservation areas should be preserved in their natural state. Woodland, grassland and recreation areas not requiring filling are the most appropriate uses. Exceptions to this standard are limited to water-dependent uses (i.e., uses that cannot function elsewhere), shared industrial access corridors, and those exceptional development proposals which are sensitively designed so as to effectively preserve the natural functions of the site. The following guidelines clarify these Conservation area objectives and developrnent of property should be limited to the following uses: 1 Water dependent uses - may include: utility easements, docks, wharves, boat ramps, dredging, bridge and bridge approaches, revetments, bulkheads, culverts, groins, navigational aide, moorings, pilings, navigational channels, simple access channels and drainage ditches. In sorne instances, a water-dependent use may involve coverage of sizeable land areas with limited opportunities to integrate the use with the site's natural features. This would require reclassification of the site. By contrast, water dependent uses which can be designed to preserve a site's natural features rnay not require reclassification. This would be the preferred type of developrnent. 2 Shared industrial access corridors - as discussed in the U.S. Army Corps of Engineers' The Wilmington Harbor: Plan for Improvement, would provide necessary access to the channel of the Northeast Cape Fear River for industries located on high ground while minimizing the adverse environmental impacts of such access. 3 Exceptional developments preserving natural features are projects which are sensitively designed to be in harmony with the site's natural features and natural functions, and provide a balance with the highest and best use of the property. Such projects minimize erosion, runoff and siltation; rninirnize irnpervious surfaces impacts and protect estuarine resources; do not interfere with access to or use of navigable waters; do not require extraordinary public expenditures for rnaintenance; ensure that ground absorption sewage systems, if used, rneet applicable standards; and should be aware of 2/28/2008 Page 4 of6 Z-879 79 and not damage historic, architectural or archeological resources. The plan goes on to describe uses considered appropriate for conservation area and then provides the following guidance: In no case, with the exception of the Wilmington National Register Historic District and the Riverfront Mixed Use District (1/08), shall residential density in the Conservation class be permitted to exceed 2.5 units per acre or greater than 25% impervious surface coverage, regardless of the existence of public urban services. Residential densities and irnpervious surface coverage may be required to be as low as 1.0 unit/acre or 15% or less respectively, depending on the environmental constraints within a particular area. While certain Conservation areas may be served by public sewer in order to eliminate septic system pollution, this should not be misconstrued as an incentive to facilitate increased development density." The exception for developrnent in the RFMU was approved in Decernber 2007 and certified by the CRC in January, 2008. The exemption is similar to the City's exception for the Historic District or projects developed under their exceptional design criteria. This proposal largely meets the RFMU standards outlined in the ordinance. Waivers will be needed from the TRC for the 50% non-residential ground floor provision; for Building A which does not incorporate rnore than one use; and for the 2-sides/12 foot sidewalk requirements. The ordinance anticipates the need for waivers in these circumstances and also authorizes TRC to allow for alternatives to strict cornpliance with prescribed landscape requirernents. An actual landscape plan will be submitted at the tirne building permits are requested. In accordance with the ordinance, this preliminary plan proposal was reviewed by the Technical Review Committee (TRC) on January 9, 2008 with the following cornments and recommendations forwarded for your consideration: (1) That the TIA and associated amendments be reviewed and endorsed by the City/County MPO and NCDOT (2) That a secondary access leading into the project by displayed on the plan (3) An emergency evacuation plan be created and reviewed by Ernergency Management since the entire site is within the 100 year flood zone (4) A suitable rnethod and location of disposing of solid waste be created and identified (5) Conduct a meeting with County Fire Services to resolve any issues they may have regarding fire protection (6) Provide and update status report on the road that is proposed to be abandoned (7) That rernediation of the contaminated areas on site be fully addressed by the appropriate agency (8) Indicate on the site plan the uses planned for the project in accordance with 59.9-3 of the zoning ordinance, and (9) That the site plan be presented back to TRC after the Plarming Board reviews the plan on February 7th. 2/28/2008 Page 5 of6 Z-879 80 STAFF COMMENTS: Staff feels this proposal embraces the spirit and intent of the RFMU requirernents. The waivers requested are minimal and reasonable within the context of the project as a whole. The applicant has been responsive in seeking solutions for all issues raised during the review to date and progress has been made toward resolving all remaining issues relating to secondary access. Staff recommends approval based on final resolution of the remaining issues. ACTION NEEDED: In accordance with NCGS 153A-341, paragraph 2, "The planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board. . . " 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. 2/28/2008 Page 6 of6 Z-879 81 Case: Z-879, 02/08 Rezone 1-1 to RFMU Petition Summary Data OwnerIPetitioner: LS3P (Chris Boney) for Old Wilrnington Shipyard, LLC (Michael White) Existing Land Use: I-I Marina and Landscaping Zoning History: Area 9A (July 1, 1972); 2/5/96; 3/9/98; 2/1/99; 1/10/05 Land Classification: Conservation Water Type: Public (not yet available) Sewer Type: Public (not yet available) Recreation Area: Cape Fear Optimist Park Access & Traffic Volume: Point Harbor Road (local) to U.S. Highway 421 ADT=26,139 (4/05) compared to 22,000 (2003) + 18.8% Fire District: New Hanover FD Watershed & Water Quality Classification: Cape Fear River (C;SW) Aquifer Recharge Area: Shallow water-table sand aquifer and underlying artesian aquifer containing fresh water over salty water. ConservationlHistoric/ Archaeological Resources: AE flood zone Soils: Ur-Urban land; DO-Dorovan soils Septic Suitability: Class IV-Unsuitable (DO); Urban Land (Ur) properties are not described. Schools: Parsley Elementary Other: Airport conical and transitional zones 82 Z-879, 2/08 POINT HARBOR ROAD RIVERFRONT MIXED USE Section 59.9-1 PURPOSE The proposed location is eligible for RFMU zoning Section 59.9-2 MIX OF USES (1) rnore than 2 uses are proposed (2) non-residential uses exceed 5% of total floor area (about 9.3%) (3) No structure is single story (4) Building A exceeds 35 feet in height and does not incorporate rnore than one use. WAIVER GRANTED BY TRC 2/27/08 (5) No building has at least 50% of ground floor as non-residential. WAIVER GRANTED BY TRC 2/27/08 for site plan as submitted (6) TRC is authorized to waiver items for projects of exceptional design or merit. Section 59.9-3 PERMITTED USES (1) Unless otherwise conditioned during approval, staff presumption is that all uses shown in the listing, as well as dry stack storage (added by text amendment to the table of uses on January 7, 2008) are deemed to be permitted uses, provided the mix ratio is not reduced. It should be noted, however, that fire and building codes may differ based on actual uses at the time of construction. Section 59.9-4 GENERAL REGULATIONS (1) The project provides direct access to navigable waters via pedestrian access along most of the shoreline as well as a pedestrian plaza. (2) Lot coverage not exceed 50% (3) Building base for all buildings exceeds 50 feet. (friggers massing requirements) (4) Maximurn building height, including structures parking is 35% less than allowed. (Shown at 118 feet). (5) Building mass must be reduced according to the prescribed formula above the 50 foot building base height. (Renderings appear to generally acknowledge this standard.) (6) Building setbacks and separations rneet the minimum requirements of 16 feet frorn streets and rights-of-way. (7) The site plan must note that all utilities will be underground. (8) A detailed landscape plan rneeting the ordinance requirements will be required with application for building permits. Some alternatives rnay be permitted by request to TRC. (9) Signage rnust meet the standards in the ordinance and will be reviewed at the tirne of application for building permits. (10) Surface parking does not exceed 50 spaces and is located at the rear or side of buildings. Structured parking associated with Building F 2/28/2008 1 Z-879 83 must have visually compatible design features. (Rendering appears to acknowledge this standard) (11) Common and public spaces are defined on the plan. View corridors for the river views are included for each proposed building. Multi- modal opportunities include pedestrian ways, multi-use paths, boardwalk prornenade, and water taxi service have been designed into the plan. The project design has been integrated both with access connectivity and architectural design. All detailed elernents of this section will be required for the final building plans. Individual dwelling unit sizes have not been indicated. None can be less than 750 sq. ft. The community may not be gated. The project will be phased based on availability of water and sewer. Section 59.9-5 PUBLIC SPACES (1) The project contains at least 10% functional public space in addition to the riverwalk. (Roughly 15% is shown.)Most wetlands have been preserved on the site. (2) The riverwalk must be dedicated for public use granted by easernent or other property interest to the county. (3) The private dock space does not restrict public access to the riverwalk. Section 59.9-6 PROCEDURAL REQUIREMENTS To satisfy the requirernents for Stage One, the applicant presented a concept plan to Planning Staff on Decernber 28, 2007 To satisfy the requirements of Stage Two, the applicant presented the preliminary plan to TRC on January 9, 2008 prior to submission for the February 7 Planning Board agenda. The Planning Board recommended approval on February 7, 2008. Per the conditions of the original TRC review, applicant updated TRC on progress to resolve 8 outstanding issues on February 27, 2008. Information has been received regarding the required informational rneetings held with individual adjoining owners and Historic Wilmington. Since the geography of the area is somewhat unique applicant met will all individually. 2/28/2008 2 Z-879 84 ~ :.-v.... .--""0, f. " J New Hanover County f '~ Planning Department - 0 ~ . ~ 1- "- County Annex Building ! .~.'f7..J.RllSH.lQ\''(f.. 230 Government Center Drive, Suite 150 Wilmington, NC 28403 P 910.798.7165 Chris O'Keefe F 910.798.7053 Planning Director February 28,2008 Mr. Chris Boney LS3P Associates 2528 Independence Blvd, Suite 200 Wilmington, NC 28412 Re: Point Harbor Marina (RFMU Site Plan) ,\ ", Dear Mr. Boney: In regular session on February 27, 2008, the County's Technical Review Committee (TRC) preliminarily approved the site plan for Point Harbor Marina for 220 units. The vote by the TRC was 3-0 and requires the following elements: 1) That the TIA and associated amendments be endorsed by the CitylCounty MPO and NCDOT, 2) That either option A or B creating secondary access be at least 26 feet in width, and ;~~" 3) That your office work with County Emergency Services to create a pampWet to be distributed to every homeown~ in the project advising them on the hazards of being within a 100 year flood area and ways to prepare in the event of an emergency. The TRC granted a waiver for Building A which did not contain a mix of uses as required by the ordinance. Waivers were also granted for the buildings with riverfront and right-of-way facing facades where the total square footage of non residential uses did not exceed 50% of the ground floor area. With the waivers, all of the requirements for all buildings displayed on the site plan conform to the ordinance. Attending the meeting were TRC Chairman David Adams (Planning Board), Sam Burgess (planning staff), Jim Iannucci (County Engineering), and Ray Griswold (County Fire Services). Also attending the meeting were Taylor Sims (LS3P Associates), Matt Davis (County Fire Services), Chris O'Keefe, Jane Daughtridge & Bobby Harris (planning staft), Mike White & Jamie Black (developers ofthe project), and you. Contact me if you have questions. I may be reached at 798-7441. cc: File Sincerely, 9o/~1~ S.A. Burgess Principal Dev. Planner 85 2 " 'm '" ~ t "tl ~ '~ ::> C N N "- Ii 'DO ll! j .. . 9 :;: I f .. 8 ... ~-h !~!i. ~ ~ :Ui -+- " ~ i~l~ ~ .:. . _a ' ~ 1 ......:i! 0:< '" 101]"" N -I <> i. 86 APPLICANT MATERIALS . 87 Uses and Development ReQUirements: Within a Conditional Use District, no use is allowed except by Special Use Permit. The permit may specif'y additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, or other limitations on land which may be regulated by state law or local ordinance. Such conditions and requirements shall not specif'y ownership status, race, religion, character or other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their purpose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the requirements for a Special Use Permit and other pertinent requirements of the Zoning Ordinance, and to securing the public health, safety, morals, and welfare. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications whiltn would allow that use are acceptable, You must explain in the space below how your request satisfies each of the following requirements: (attach additional sheets if necessary) l. How would the requested change be consistent with the County's Policies for Growth and Development? 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? < 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). Page 2 of 4 CUD 11/07 88 Point Harbor Marina Conceptual Site Plan December 12,2007 Conditional Use Zoning District Application Change of Zoning Responses 1. The requested re-zoning to River-front Mixed Use (RFMU) is consistent with the County's Policies for Growth and Development. The very creation ofthe RFMU conditional zoning was rnotivated with development projects such as Point Harbor in mind. The proposed project will provide a high-density development that incorporates elements oflow-irnpact design (LID) to create areas where people can live, work, and play while preserving open, natural space. The project intends to employ Exceptional Design elements (as further indicated in the Project Narrative) wherever viable. 2. The text amendment currently before the CRC for approval (has been approved by both the Planning Board and County Commissioners previously) clearly allows for the RFMU zoning within the current land use classification, Conservation. . II i'i 3. The subject parcel ofland is feasibly impossible to develop under the current 1-1 zoning. This parcel had been used in the past for various marine and ship- building purposes, but the foreseeable area market does not support this use in this location. The proposed project under the RFMU conditional zoning will enable smart and sensitive development to occur. 4. We would propose to meet the intent of the RFMU zoning by providing structured parking (to the extent possible) for both residential and non-residential",,,.. uses. These uses will be designed and constructed to maximize developrnent density while remaining sensitive to reasonable height and scale of buildings. Non-residential space will be provided for a nurnber of various possible tenants ranging from harbor master to restaurant, frorn HOA amenity space to dry stack boat storage, from restaurant to boat sales. Public access and amenities such as a public river walk, public pedestrian plaza, view corridors, multi-modal functions, water taxi landing, water fountains and seating areas will be designed into the project. 89 WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pagesifneces~) General Requirement #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." flUh~ \'e.vlt,If.'J'~ T1^ tAnJ. envint\t\'\tlltttl ~~tf ~bMitWi with {hi'] ^frliClttiOl'l,.. . General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance, Pl~~ r!-ftr t.o ()haVl~e,. 4 uni3 ~f6t1':e? .,? General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the Use is a PUf~;:~;~J \",DptY~ I'" H ArJ :t rD4dwa~". P!~ rtfv' tn 9f)iVt-J y ~ri~'o -~Vrvt1 ~O}, t~ W~1:lM~ apfluPlhrrY\ . 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." f1~ rtfev 1:1 Ch4~:f. ~f 1mA~~~S."jk iM011 j~ "/1J dtlil'ty At'\-- ~DVlAI~ DttA1vW. fYDjUt 0 tV ~ tlNit,iOl\~ ~ -fhL-fLfMU Dkllr0t ",J enh1ncf.. -{ht- rO)tbt Gtrl~ ~V1~ It~ ~Uy vr\al Cf' Page 3 of 4 CUD ll/O7 90 Point Harbor Conceptual Site Plan December 12, 2007 Conditional Use Zoning District Application Project Narrative The Point Harbor mixed use developrnent will include approximately 220 condo units with parking on lower levels, a dry stack boat storage facility, retail space, a restaurant, HOA facilities, a hotel (which remains in the existing I-I zone), a marina with public access, public river walk, public plaza and multi-use pathways. The existing property line borders around an existing NCDOT Right of Way for Point Harbor Road. The abandonment of this area is currently in the final phase of the review process. We subrnitted our application for the abandonment in October and it has been reviewed by Hugh Thompson's office, Hugh has indicated that he will support the abandonment of the street right of way that extends into the property and only a portion of the right of way at the entrance. This is not prohibitive to our site plan at all but we were hoping to gain sorne ofthe right of way at Hwy. 421 to build a landscape berm and provide SQme light and noise buffer to the project. Hugh's office also controls right of way encroachments. While he did not support the abandonment ofthis small area of right of way, he did indicate that he may support an encroachment for the purpose stated above. Currently, the application is under review in Anthony Law's office and in our meeting with Anthony last week, he did not express any concerns about the proposed abandonment. This project has also had a Traffic Impact Analysis report completed by Ramey Kemp and Associates which is included with this application. The proposed sewer service will be a force main directionally drilled under the Cape Fear River to the existing sewer lift station on Cowan Street in downtown Wilmington. This sewer will be purnped to the Northside Waste Water Treatment Plant. Likewise, the proposed water main will be directionally drilled under the Cape Fear River to the existing City of Wilmington water main. This proposal has had favorable cornments in rneetings with Bruce Shell, Chris O'Keefe and Jane Daughtridge from New Hanover County and Bill Pirmix from Public Works. The general consensus is that we have an opportunity to increase the size of the lines required for our development with the possibility of sorne cost sharing with the county. This would provide the opportunity to build infrastructure now and promote development along the Hwy. 421 corridor that would becorne the customer base for the proposed water treatrnent and waste water treatrnent plants being built on Hwy. 421 in partnership with Pender County. In addition, this proposal would also allow for the diversion of flow from the Northside Wastewater Treatment Plant and to the Sweeney Water Treatment Plant if and when those facilities reached capacity or for shut-down and emergency situations and would further support the viability of the Hwy.421 facilities. Mr. Shell has indicated that he is interested in pursuing Tax Increment Financing of some sort for the construction of infrastructure along Hwy.421 and possibly the new facilities too. The development of our project would add an incremental increase in tax base of approximately $120 million, which further supports these goals. Bill Pinnix has comrnented that the Northside Plant would have sufficient capacity, when it is reopened, to support the Point Harbor developrnent project and that there is sufficient infrastructure to handle the flow. We would need to perform further investigation about the cormections to the force main at the Cowan Street lift station to determine what kind of upgrades would be required. He has also indicated that we would be required to accornrnodate the cormection to Hwy.421 and whatever that 10f3 91 Point Harbor Conceptual Site Plan December 12, 2007 Conditional Use Zoning District Application Project Narrative entails, on our site. He expressed his willingness to work with our engineers to make these determinations and also indicated the McKirn and Creed was already engaged in evaluating and upgrading sorne of their systems downtown. Mr. Shell has also spoken with the Mayor and City Manager about our project and they have indicated that they are in support of it. This may require our site to be annexed and incorporated into the City. At this tirne, we will continue along the first plan as proposed to NHC. The Utilities are now being combined under one authority, and we will seek to get utility comrnitments from the new authority after they are in place. Once we have our zoning and site plan approval vested, we can then voluntarily be armexed into the City. This would be a win- win for everyone since we won't have to go through zoning and approval with the City, NHC has a project footing rnost of the bill, and the City gets the added tax revenue without any investrnent. The CAMA permit is in the final review process. It has already been reviewed by CAMA and the Corp with a final review rneeting with Rob Mairs last week. Rob verified that the package was cornplete, addressed all concerns or questions and indicated that we would have a permit in the near future. We have included the Environmental Summary Report for your information. The remaining environmental issues are being dealt with through the NCDENR Inactive Sites Branch. While the majority of the site has been remediated there is an approved Corrective Action Plan (CAP) for a small area of contaminated soils adjacent to the canal. This CAP includes the encapsulation of the contaminated soils, however, we are working with DENR now to arnend the CAP to include removal and disposal of these soils. The project also intends to include Exceptional Design elernents wherever viable, including Low Irnpact Development design elements and use of Best Management Practices for storm-water rnanagernent. For example, the rnajority of on-site wetland areas (The only wetlands proposed to be filled I mitigated is a small section of man-rnade drainage ditch that has been designated as wetlands at the direction of US ACE) will be preserved as enhancernents to the project and designed around to maintain existing ecosysterns. Pervious pavement may be utilized throughout the developrnent to promote the recharge of the groundwater system and rninirnize stormwater runoff from the site. Stormwater basins and rain gardens may be utilized to further restore and protect environmentally sensitive areas. These measures will capture and treat the runoff from all proposed irnpervious surfaces in the developrnent. The building and site design will evaluate and incorporate (to the extent practical) the re-use of rainwater for irrigation purposes and will additionally utilize concepts ofxeroscaping to reduce irrigation water consurnption. Other aspects of Exceptional Design will be considered in the design and construction of the buildings utilizing guidelines established by Leadership in Energy and Environmental Design (LEED) sustainable site development, water savings, energy efficiency, materials selection and indoor environrnental quality. 20f3 92 Point Harbor Conceptual Site Plan December 12,2007 Conditional Use Zoning District Application Project Narrative Improved public access to the western riverfront will be provided by a public river walk across the frontage along the Cape Fear River and access to natural areas will be provided to enhance public awareness of ecosystern preservation and to enhance public access to the waterfront. 30f3 93 This page intentionally left blank. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 8.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning Request (Z-880, 02/08) - Request by Matt Nichols for River Bluffs Development Corporation to Rezone 237 Acres located at the West End of Chair Road in the Wetland Resource Protection, Natural Heritage Resource Protection, Aquifer Resource Protection, and Conservation land Classifications from R-20 Residential to PD Planned Development District for a Continuing Care Retirement Community BRIEF SUMMARY: The Planning Board voted 6-1 to recommend approval. Several people from Chair Road expressed concerns relating to increased traffic, lack of access to sewer for existing residents, potential proximity of fuel tanks to wetlands, drainage concerns, and historical/archeological preservation. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one-year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ :1] Z.880 chris comments.updaledJD, doc Z.880 2.08-Petilion Summary,doc Z.880.PROPOSAL SUMMARYdoc Z.880,IP9 ~ ~ ...n ".n "' "' . . , , , , , , Applicant materiab Z .880. PD F River Bluffs Site PlansCCMtg.pdf full-size site plans 95 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The petitioner agreed to amend the site plan to stipulate that there will be no underground tanks on the site. Approved 5-0. 96 CASE: Z-880, 2/08 PETITIONER: Matt Nichols for River Bluffs Development Corp. REQUEST: From R-20 Residential to PD Planned Development ACREAGE: Approximately 237 Acres LOCATION: West end of Chair Road LAND CLASS: Wetland Resource Protection; Aquifer Resource Protection; Heritage Resource Protection; Conservation PLANNING BOARD ACTION The Planning Board voted 6-1 to recommend approval. Several people from Chair Road expressed concerns relating to increased traffic; lack of access to sewer for existing residents; potential proximity of fuel tanks to wetlands; drainage concerns; and historical/archeological preservation. STAFF SUMMARY The subject property is located in the northwest portion of the county in an area classified as Wetland & Aquifer & Heritage Resource Protection and Conservation on the 2006 CAMA Land Classification map. The property is accessed from Chair Road, a two lane local street which intersects with Castle Hayne Road about one rnile to the east. Neither traffic counts nor levels of service are available for Chair Road, however, service along Castle Hayne Road in this vicinity was shown at LOS D in 2005, meaning high density traffic flows at a stable pace. Traffic counts along Castle Hayne Road increased by approximately 23% between 2003 and 2005. The subject property is currently zoned R-20 low density residential. The property is influenced by the airport transitional zone. Airport zones are formulaically created, based on FAA standards to limit obstructions to runway access, airspace, lighting or reflection, navigational signals and radio communications in the vicinity of the airport. Additional review or requirements are necessary if heights exceed 75 feet. The subject property is located within the Little Creek watershed drainage area which is classified C(SW). The property is not within the 100 year flood zone. Soils are a broad mix of Class I and II classifications with a srnall area of Class IV Dorovan soil. Public water and sewer service is not currently available in the vicinity. Land Use Plan Considerations: This rezoning petition envisions a planned developrnent which will include a continuing care retirernent concept as well as lirnited cornrnercial activities. 2/28/2008 Page 1 of 4 Z-880 97 The site is located at the end of Chair Road and is currently vacant, wooded land with many rnature trees, particularly in the western portion of the project. Most of the acreage is on the west side ofI-140, with approxirnately 2,000 feet of frontage on the Northeast Cape Fear River. Steep slopes along the river bank and rapid drop-off in water depths characterize the site on the west side. About 23 acres of wooded land is on the east side. The Master Plan shows 207 single family units, 47 multi-family units, 300 retirernent units, and 15.17 acres of commercial use for a country store and an R V /boat storage facility as an amenity for the property owners within the development. The 300 retirement units will be divided among patio hornes and townhouses for the independent and assisted stages of the continuum of care. The skilled nursing facility will include 30- 40 beds for use only by the contractual residents of the continuing care facilities. Thirty- five percent or about 77.5 acres will be reserved for recreational and open space. The developer has indicated that a boardwalk will be installed along the entire river bluff to provide pedestrian access to the water for the use and enjoyment of the comrnunity. The retirement portion is on 65.69 acres and includes a continuing care concept whereby residents can initially live independently but as circumstances change, they can transition to assisted living and ultimately to skilled nursing care under the terms of their continuing care contract. A more typical single family development with about 194 lots and 47 condominium units dorninates the westernmost portion of the property, giving the proposal a multi-generational aspect for aging in place. The master plan shows walking paths intercormecting the traditional and continuing care tracts. A clubhouse to serve the entire development is also shown on the plan. The infrastructure to support the project is not yet in place. Applicant proposes to connect the development to county water and sewer when capacity becomes available. The final plan requires that the formal subdivision process will be followed and the applicant will have to show provision of adequate water and sewer or septic prior to approval of plats. A most recent traffic irnpact analysis (TIA) indicates trip generation of approxirnately 4,555 vehicles per day, with p.m. peak hour traffic around 393 trips. This TIA has been recently updated to include additional intersection required by the MPO and DOT. Based on the ordinance, the level of service cannot fall below Level C on Chair Road in order to qualify for rezoning. Recommendations from the updated Traffic Impact Analysis would require the development to construct a new 125 foot southbound turning lane along Castle Hayne Road. Signalization would also be required in order to maintain a Level of Service at C or better according to the analysis. The location is included in a small area plan produced for the Wrightsboro community in 1991. At that time, traffic, drainage, parks and litter were the predominant community concerns. Improving safety and reducing traffic delays along Castle Hayne Road was an objective in the plan. It also encouraged the county and NCDOT to require rnore than one access road to new and existing developrnents. Arnong other objectives expressing a desire for better drainage rnaintenance, public sewer, parks and library facilities, a final objective was to rnaintain the moderate growth rate that Wrightsboro had experienced over the past decades and to continue the established pattern of single farnily zoning in 2/28/2008 Page 2 of 4 Z-880 98 the area. Scattered ruins on part of the property indicate past uses of the site, but no evidence of significant historic structures exist. This project encompasses three of the four Resource Protection land classification sub- classes. The majority is either Wetland or Aquifer Resource Protection. Very small areas along the shoreline are classified as Natural Heritage Resource Protection or Conservation. The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource Protection class as to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection frorn urban land uses. The protection strategies developed for each of the subclasses is intended to be rnore in tune than previous plans with the specific resource being protected and not a one-size- fits-all approach. The following paragraphs summarize the nature of the resource, the threat to the resource, and the focus of protection strategies. 1 Aquifer Resource Protection - This subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The irnpacts that the resource is being protected from is dirninished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot developrnent if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. 2 Wetland Resource Protection - This Resource Protect subclass is prirnarily in the northeastern part of the county. The irnpact frorn which protection is needed is loss of wetland areas to development. The primary resource protection strategies focus on encouraging preservation of wetlands and wetland functions. 3 Natural Heritage Resource Protection - This subclass of Resource protection areas are predominantly in the northwest corner of the County with smaller segments scattered elsewhere. These are areas identified by the NC DENR Natural Heritage Program as generally unique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. STAFF COMMENTS: Staff feels that connection of Chair Road and Rockhill Road along the west side of 1-140 would significantly enhance public safety concerns and cormectivity opportunities in this area. Staff strongly urges arrangements to provide such a connection. The rernaining public portion of Chair Road should not be transitioned to 2/28/2008 Page 3 of 4 Z-880 99 private ownership but should remain public so as to provide future opportunity to create a functional collector system for residents in new subdivisions along the river. The plan appears to be sensitive to each of the resource protection subclasses. Limiting impervious surface, preservation of trees and thoughtful placernent of stormwater infrastructure will rninimize wetland loss and irnpacts to the aquifer. Staff recommends approval of this rezoning as long as cormections to Rockhill Road can be achieved. Additional Conditions: 1. Examine signalization of the intersection of Chair Road and Castle Hayne Road. According to the TIA submitted by the petitioner, signalization at this road is necessary to keep the intersection frorn falling to a LOS of F. ACTION NEEDED: In accordance with NCGS 153A-341, paragraph 2, "The planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board. . ." 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. 2/28/2008 Page 4 of 4 Z-880 100 Case: Z-880, 02/08 Rezone R-20 to PD Petition Summary Data Owner/Petitioner: Matt Nichols for River Bluffs Development Corp. Existing Land Use: R-20 Residential (vacant) Zoning History: Area Castle Hayne (July 1, 1985) Land Classification: Wetland Resource Protection & Aquifer Resource Protection Water Type: Public (not yet available) Sewer Type: Public (not yet available) Recreation Area: Castle Hayne Park or Cape Fear Optimist Park Access & Traffic Volume: Chair Road (local) to Castle Hayne Road (major arterial) no counts on Chair Rd.; Castle Hayne ADT of 22,163 (4/05) compared to 18,000 (2003) +23% Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Little Creek Watershed - C(SW) Aquifer Recharge Area: Nondescript area-relatively poor aquifer and not a recharge source for principal aquifers ConservationlHistoricl Archaeological Resources: No flood zone Soils: On-Onslow loamy fine sand; Wr- Wrightsboro fine sandy loam; Ke- Kenansville fine sand; No-Norfolk fine sandy loam; Wo-Woodington fine sandy loam; Be-Baymeade fine sand; Le; Kr-Kureb sand; DO-Dorovan soils Septic Suitability: Suitable to moderate limitation. DO is class IV unsuitable. Schools: Wrightsboro Elementary Other: Airport Transitional zone; SHOD 101 Z-880, 2/08 R-20 to PD - Chair Road PROPOSAL SUMMARY RIVER BLUFFS PLANNED DEVELOPMENT A CONTINUING CARE RETIREMENT COMMUNITY CHAIR ROAD to CASTLE HAYNE ROAD SINGLE FAMILY: Proposed units 207 on 119.00 acres MULTI-FAMILY: Proposed units 47 on 36.73 acres RETIREMENT: Proposed units 300 on 65.69 acres TOTAL RESIDENTIAL 554 on 221.42 acres = 2.5 unitslac Total Population estimate @ 2.18 persons per unit 1,207 (may vary based on retirement facility population) INSTITUTIONAL: Assisted Living & Nursing Horne (ptof65.69 ac. above) COMMERCIAL: (Storage & Country Store) 15.1 7 acres OTAL RECREATIONAL LAND & OPEN SPACE: 77.49 acre IMPROVED RECREATIONAL LAND: 33.21 acre PUBLIC W A TERlSEWER TO BE EXTENDED BY APPLICANT HEA VIL Y WOODED AREA. MANY SIGNIFICANT TREES TO BE SAVED. MAXIMUM RESIDENTIAL DENSITY (Area not classified as Urban or Transition) 2.5 units per acre MAXIMUM HEIGHT: Nursing home portion 55 feet Other segments 40 feet MINIMUM BUILDING SETBACKS: Frorn external Boundary 20 feet Frorn all public highways or streets 35 feet Internal- from all pedestrian or bike paths 10 feet Between detached Single family units 10 feet Between multi units and other buildings 20 feet 102 Z-880, 2/08 R-20 to PD - Chair Road PROPOSAL SUMMARY MINIMUM FRINGE AREA: Adjacent to residential lots or uses 200 feet Minimum setback not less than 25 feet SCHOOLS: Acres required = 554 units X .0217 acres per unit = 12.02 acres -OR- Fee = tax assessed market value of 12.02 acres FIRE FEE: Fee 554 X 2.18 X Total Assessed Valuation/75,084 X Present Fire Service District tax rate X 2 FIRE ALARMS: Audible fire alarm connected directly to County Ernergency Dispatch System for all structures except S/F or Duplex Residential RECREATION: Required Tot lots and mini parks @ 1 acre per 1,000 population = 1.2 acres (Adequacy of design evaluated by Parks & Recreation Departrnent) STREET LIGHTS: Requires 1 fixture per 500 linear feet of roadway CONCEPT PLAN (Pre-application conference): December 10, 2007 REQUIRED INFORMATIONAL MEETING: January 8, 2008 MASTER LAND USE PLAN PREVIEW TO TRC: January 9, 2008 PLANNING BOARD CONSIDERATION: February 7, 2008 (scheduled) 103 (5 ~ -0 9 II o 5 ~ ~ - w ~ wuuuu u 2- i~ j ~-~ ~ ~j~~j ~~ ~~t; ~ I ~I I~IIII! !I CO Q; i ,c'"8 ~___ t( 8 ~ ~ ~ -~ ~:~ ;:'~ ~ '~-~ !!8u~:: 4, .,~"8~ If!i! ~'E8g15h",g~ ,n Ib''iilt "- :r:~"-,~,, f:1<l[ ,.,. _~_~:~'~~:t:~- N. ~ 5 ~ i" h i ,,<< ~ I~ ": ~ ~~,,<<~ ~ ~" i ., O!,cl!" <<~~"Ill'Iii" "'8"!l![",,,,5''l CO-e"~il'" !:lHIl"' "'~ :fijllllliHIl!:lii! CI'!l!'''k olifi.:o,g "'" ill ~!I;"'O:l!;ole:~ N:.3l6 ~~HsU" shH~~hl 104 APPLICANT MATERIALS . 105 EXHIBIT "A" TO PETITION FOR CHANGE OF ZONING ZONING MAP AMENDMENT (PROPOSED CHANGE FROM R-20 to PD) OWNER: CHAIR ROAD ASSOCIATES, LLC DEVELOPERJ PETmONER: RIVER BLUFFS DEVELOPMENT CORPORATION AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: January 9, 2008 PROPERTY: :t236.59 ac., western end of Chair Road New Hanover County, North Carolina PROJECT NAME: "RIVER BLUFFS" 1. How would the requested chane:e be consistent with the Counlv's Policies fQ1' Growth and Development? The subject rezoning area is approximately 236 acres and is located at the western end of Chair Road, north of Wilmington, and immediately south of and adjacent to the General Electric plant, as more particularly described in the survey/legal description and the site plan enclosed with the rezoning application. Rezoning this property to PD presents a unique opportunity for the County to have this entire property, which is essentially vacant, planned and developed in a comprehensive manner. By requiring approval of a master land use plan, the PD District promotes an efficient development pattern that will allow flexibility in building design, layout and siting, mixtures in housing types and land uses, usable open space, and the preservation of significant natural features. Allowing the subject property to be developed under PD zoning, rather than in a piecemeal fashion under the current R-20 zoning or a series of smaller rezonings and/or special use permits, will ensure a more comprehensive planning approach-including stormwater and drainage design, site and traffic engineering, and the preservation of open space-which could not be achieved otherwise. The proposed rezoning of this site to PD and the development of the proposed "River Bluffs" PD Development would be consistent with the County's Policies for Growth and Development, including the CAMA Land Use Plan. As one of the few remaining large vacant tracts under unified ownership in the County, with proximity to 106 the Castle Hayne area, the G.E. plant to the north and the nearby 1-140 interchange, the PD District Ordinance provides the best framework for developing this unique riverfront property. The PD District, moreover, is the ideal zoning district in the County for the mixed-use development of larger tracts of land. The River Bluffs project in particular envisions the development of a very high quality continuing care retirement facility as a major component of the project. Section E (Housing) of Part II of the Wilmington-New Hanover County 2006 CAMA Plan Update specifically states: ''There is a need for adequate housing for the special needs population, elderly, and disabled in the City and County." (2006 CAMA Plan Update, Pt. II, Sec. E, Issue 17, p.49). With regard to the special needs and elderly populations in the City and County, this Section of the 2006 CAMA Plan Update further states that the City of Wilmington and New Hanover County "shall '" cooperate with non-profit organizations to ensure an adequate supply of housing for special needs, the elderly, ~d\the disabled." (Policy 17.2). The implernentation strategies for Policy 17.2 provide: Implementation Strategies for Policy 17.2 17.2.1 Establish a housing program for the special needs, elderly, and disabled, that is integrated throughout the community. 17.2.2 Conduct a study to develop recommendations for a program to include group living arrangements and nursing homes for the elderly, and other special needs populations. 17.2.3 Initiate a program to address special housing needs with the private sector. 17.2.4 Modify zoning regulations where appropriate to encourage housing populations with special needs such as the elderly and disabled, (2006 CAMA Plan Update, Pt. II, Sec. E, Policy 17.2, p. 50) (emphasis added). As stated in the PD District Ordinance: The PD District is established to foster the mixing of various land uses, under appropriate planning controls, that would otherwise not be possible under general district requirements. It is designed to promote economical and efficient patterns of land use which are sensitive to natural features and site amenities and which decrease automobile travel time and trip length; encourage trip consolidation; reduce energy consumption and demands; and encourage unified and compatible development between land uses for the benefit of all County residents. -2- 107 (NHC Zoning Ordinance ~ 53.5 et seq.) A PD rezoning would provide an excellent transition between the 1-2 zone (G.E. site) to the north and the R-20 zone to the east and south. With the recent Zoning Ordinance text amendment approved by the New Hanover County Commissioners on January 7, 2008, regarding proposed PD Districts with a significant continuing care retirement facility component, the roadway/thoroughfare requirement can be satisfied. The requirernents in the PD Ordinance help insure compatibility with adjoining and surrounding land uses. A fringe use area, two hundred (200) feet in width, is required along the exterior property lines of the PD District where the exterior property lines of the PD District are adjacent to residential uses and/or platted residential lots. The Ordinance provides that "[i]f a fringe use area is required, only residential uses or open space may be permitted within that fringe area" and "[t]he maximurn building height within the fringe use area shall be thirty-five (35) feet." The required setback is calculated by the building height multiplied by a factor of 2.75, but in no case shall the minimum 'setback be less than 25 feet. The part of the yard adjacent to the residential districts shall be used only for buffering and as specified in Section 67 of the Ordinance. The PD ordinance also controls land use mixtures, and no more than thirty percent (30%) of the entire PD district shall be used for light industrial, cornmercial, and office and institutional purposes, and density is regulated by the PD Ordinance. More generally, these and other provisions of the PD Ordinance will promote a mixed-use development that will be in harmony with the overall development of the area. The proposed River Bluffs developrnent, with its continuing care retireme~t component, will be a great addition to the northern part of the County. This proposed project will also increase the County's tax base and provide much needed housing and care options for the elderly population. The traditional single- and multi-family components of the proposed River Bluffs community will also provide attractive housing options for the additional employees G.E. plans to hire in the coming months and residents in the growing Castle Hayne area. In addition to the special needs and elderly population housing policies stated above, the following are some of the policies contained in the Land Use Plan that will be promoted by the proposed PD rezoning and the project's master conceptual plan: Open Space Policy 2.3 Encourage development patterns that preserve natural areas, buffers, and trees by developing standards for cluster developrnent and other developrnent types that allow greater design flexibility. Urban Design and Character Design and Regulation: -3- 108 Policy 5.2 Encourage innovative development strategies while providing flexible design guidelines that enhance the aesthetics and minimize adverse environmental impacts of the built environment. Facilities and Services Policy 9.3 Explore alternative forms of financing for the infrastructure improvements needed to have a high quality level of service and to prevent a decline in the levels of service provided to County and City residents. Infrastructure needs to be addressed in this effort shall include transportation, education, sewer, water, recreation, libraries, police, fire, storm water management, schools and other services deemed to be appropriate. Storm Water Policy 10.4 Protect water quality by ensuring that drainage frorn land use activities has a rate of flow and volurne characteristics as near to predevelopment conditions as possible. It is also significant to note that just to the immediate north of the subject property is the Castle Hayne Study Area and the Castle Hayne Community Plan, which stems from a January 24, 2005 Community Improvement Meeting held by the New Hanover County Planning Departrnent at the North Campus of Cape Fear Community Colleg~ This Castle Hayne Study Area "has been targeted for redevelopment and/or improvement". (Castle Hayne Community Plan Quick Facts, 1124/04 Meeting.) At this Community Improvement Meeting, which was attended by over 160 members of the community, the ideas that garnered the most public support included, in pertinent part, the following: Buildings/Construction '" Change zoning ordinances to allow for more exceptional uses.... Business/Commercial Need restaurants/more good businesses. Need a new grocery store. Adopt a mixed use strategy for commercial corridor that combines, retail, public service and residential uses. Other Spread redevelopment concept further south from targeted area.... (Castle Hayne Community Plan Quick Facts, 1/24/04 Meeting) (emphasis added). -4- 109 In short, the proposed PD rezoning and the River Bluffs project will advance many of the goals identified in the Land Use Plan and Community Plan. In addition to the many economic benefits the County will derive frorn this project-including an increased and diversified tax base and job creation-the subject property and proposed rezoning will complement the surrounding land uses and will provide housing for the residents of Castle Hayne and the northern part of the County. The River Bluffs master conceptual plan is consistent with the County's Land Use Plan and policies for well- planned growth. 2. How would the requested zone Challl!e be consistent with the propertv's classification on the Land Classification MaD? The Property's classification on the Land Classification Map is Wetland Resource Protection and Aquifer Resource Protection. The proposed overall density of this PD developrn~nt is consistent with the Land Classification Map. The proposed River Bluffs project is sensitive to the natural surroundings and seeks to preserve a number of trees (oaks) and natural features and contours of this beautiful land, which will only make the project even better. No heavy commercial or industrial uses of the property are proposed. 3. What shmificant nei!!hborhood chan!!es have occurred to make the orhdnal zonin!! inappropriate, or how is the land involved unsuitable for the uses permitted under the existin!! zonin!!? Much has changed and is changing in the northern part of the County since tlljs essentially vacant property was originally zoned R-20. Much of the surrounding zoning classifications and land uses, particularly to the east and south are residential in nature with 1-2 to the north. The expansion of the G.E. plant and the dynamic job and economic growth associated with that expansion, as well as continued growth in the Castle Hayne area, has made a PD development with a mixture of uses and housing types on this site not only feasible but preferred over the typical R-20 development pattern. The PD District ordinance will provide a better framework for developing this unique +200 acre property than the current R-20 zoning designation can achieve. 4. How will this chan!!e of zonin!! serve the public interest? In addition to the foregoing, this change in zoning will allow the development of this site with single family homes, multi-family units and a very high-quality continuing care retirement facility, which is a major element of this proposed project. With the expected population growth in the retirement age, this type of facility would be a great asset to New Hanover County. There are currently no continuing care retirement facilities in this area of New Hanover County as envisioned by the applicant. This proposed project will provide housing, create jobs and increase and diversify the County tax base. The PD ordinance also provides for development fees to be paid directly to the County for the benefit of both the Board of Education and the County Fire Services Department, which benefits and serves the public interest. -S- IlO Statement of Plannine: Objectives . Comprehensive development approach to :!: 236 acres of property . High quality, aesthetically pleasing development . Incorporate natural features of land into site design . Variety of housing types with larger single family lots . Continuing care retirement facility component . Limited cornmercial uses that complement the residential uses . Pedestrian-friendly development with walking paths Estimate of Total Residential Population: As indicated on the Master Land Use Plan submitted with the rezoning application, the project envisions 207 single-family units, 47 multifamily units and 300 retirement units. While the number of residents in each of the single- and multi-family units will vary depending upon family size, the 300 retirement units will consist of one or two residents, with many consisting of only one resident. ,i,l,,~ Statement Ree:ardine: Prior Zonine: Action: No zoning action has taken place on any portion of the property within the past 12 months. -6- 111 SUPPLEMENT TO PETITION FOR CHANGE OF ZONING ZONING MAP AMENDMENT (PROPOSED CHANGE FROM R-20 to PD) NHC FILE: Z-880, 2/08 OWNER: CHAIR ROAD ASSOCIATES, LLC DEVELOPER! PETITIONER: RIVER BLUFFS DEVELOPMENT CORPORA nON AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: January 30, 2008 PROPERTY: :1:236.59 ac., western end of Chair Road New Hanover County, North Carolina PROJECT NAME: "RIvER BLUFFS" The continuing care retirement cornponent of the proposed PD development wiN- consist of approximately 300 single family/townhouse units, shown as 300 retirement units on the Site Data portion of the Master Land Use Plan. It is anticipated that the nursing home/skilled nursing facility component, which is not included in the 300 retirement unit estimate, will have approximately 30-40 beds. These beds are available only for residents of the development. 112 OUTLINE OF THE TABLE OF CONTENTS OF THE PROPOSED DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR RIVER BLUFFS A. PART ONE: PREFACE AND INTRODUCTION: RIVER BLUFFS, A PLANNED COMMUNITY Introduction to River Bluffs, a Planned Community Article 1. Creation of the Community 1.1 ' Purpose and Intent of the Declaration 1.2 Binding Effect of Declaration Upon all Persons and Entities 1.3 Governing Documents Affecting: River Bluffs Article 2. Concepts, Definitions and Terminology This section will contain all the terminology and defined terms for the Declaration. ."...."" B. PART TWO: CREATION OF REGULATORY SCHEME AND COMMUNITY STANDARDS Article 3. Restrictions Regulating Uses and Development at River Bluffs 3.1 Framework for Regulation of Uses and Development 3.2 Authority to Modify and Amend Restrictions and Rules 3.3 Owners' Acknowledgment and Notice to Purchasers 3.4 Protection of Owners, Persons and Others Article 4. Architecture and Landscaping 4.1 General Architectural and Landscaping Standards 4.2 Architectural Review Process 4.3 Architectural Guidelines and Procedures 4.4 No Waiver of Future Approvals 4.5 Variances Procedures 113 Article 5. Maintenance and Repair of Units and Properties 5.1 Maintenance of Units 5.2 Maintenance of Neighborhood ProDerty 5.3 Allocation of Responsibility for ReDair and Replacement 5.4 Maintenance Obligations by the Community Association C. PART THREE: COMMUNITY JURISDICTION, GOVERNANCE AND ADMINISTRATION Article 6. Association and its Members 6.1 Establishment and Responsibilities of the Community Association 6.2 Mandatory Membership in the Community Association 6.3 V oting Rights in the Community Association 6.4 Neighborhoods. Voting Members and Voting Groups Article 7. Scope and Jurisdiction of the Community Association 7.1 Acceptance and Control of Association Property 7.2 Maintenance of Area of Common ResDonsibility 7.3 Insurance Obligations and Administration 7.4 Compliance and Enforcement 7.5 Authority of Board of Community Association 7.6 Indemnification of Officers. Directors. and Others 7.7 Safety and Security 7.8 Powers of the Community Association Relating to Neighborhood Associations 7.9 Provision of Services 7.10 Relationships with Other Properties 7.11 Facilities and Services Open to the Public 7.12 Special Provisions Relating to Common Area Within River Bluffs Article 8. Association Finances and Authority Regarding Assessments 8.1 Budget and Allocation of Common EXDenses to Owners 8.2 Budget and Allocation of Neighborhood Expenses to Specific Owners 8.3 Budgeting for Capital Reserves for Community Association 8.5 Authority to Iml'ose Special Assessments 8.6 Authority to Impose Specific Assessments 8.7 Authority to Assess Owners and Collect 8.8 Obligation of Owners to Pay All Assessments 8.9 Creation of Lien for Assessments to Be ImDosed bv Community Association 8.10 Exempt Properties from Obligation to Pay Assessments 8.11 Cal'italization of Community Association -2- 114 Article 9. Disputes and Alternative Dispute Resolution Process 9.1 Directive Regarding Resolution of Disputes Without Litigation 9.2 Dispute Resolution Procedures 9.3 Litigation by Association D. PART FOUR: COMMUNITY DEVELOPMENT Article 10. Expansion of the Community 10.1 Expansion of Community by Declarant 10.2 Expansion of Community by the Association 10.3 Authority to Impose Additional and Revised Covenants and Easements 10.4 Supplemental Declaration Article 11. Additional Rights Reserved to Declarant 11.1 Authority to Withdraw Property from Community 11.2 Marketing and Sales Activities 11.3 Right to Develop the Community until Completion 11.4 Right to Approve Additional Covenants 11.5 Right to Approve Changes in River Bluffs Community Wide Standards 11.6 Right to Transfer or Assign Declarant Rights 11.7 Trademark Rights Regarding Name of the Development 11.8 Easement to Inspect and Right to Correct 11.9 Right to Notice of Deshm or Construction Claims 11.10 Termination of Rights Reserved to Declarant E, PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY Article 12. Easements 12.1 Easements in Common Area 12.2 Easements of Encroachment 12.3 Easements for Utilities and Stormwater Drainage 12.4 Easements to Serve Additional Property 12.5 Easements for Maintenance, Emergency, and Enforcement 12.6 Easement to Insl'ect and Right to Correct 12.7 Additional Specific Service and Community Easements -3- 115 Article 13. Limited Common Areas 13.1 Purposes in Creation of the Limited Common Areas 13.2 Designation of Limited Common Areas 13.3 Uses of Limited Common Areas Article 14. Party Walls and Other Shared Structures 14.1 General Rules of Law of the State of North Carolina to Apply 14.2 Maintenance: Damage and Destruction -4- 116 . REPORT OF FIRST COMMUNITY MEETING OWNER: CHAIR ROAD ASSOCIATES, LLC DEVELOPER! PETITIONER: RIVER BLUFFS DEVELOPMENT CORPORATION AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: January 9, 2008 PROPERTY: :1:236.59 ac., western end of Chair Road New Hanover County, North Carolina PROJECT NAME: "RIVER BLUFFS" proposed PD Developrnent Pursuant to Section 111-2.1 of the New Hanover County Zoning Ordinance, a community rneeting was held on Tuesday, January 8,2008, at 6:00 p.m. at the New Hanover County Public Library, Main Branch, New Hanover Room, in Downtown Wilmington. Copies of the letters sent regarding this meeting are attached hereto. There were 22 people in attendance at this meeting in addition to Matthew A. Nichols, attorney and Pamela C. Craig, paralegal, of Shanklin & Nichols, LLP; Burrows Smith, representative of the developer; and John Grant, P.E., a traffic engineer with Ramey Kemp & Associates (Raleigh, N.C.). Copies of the sign-in sheets from this meeting are also attached. This meeting was open to all members of the public wishing to attend. Notice was also provided to the St. James AME Church through a telephone discussion with and letter to Mr. Luther Whitted. All persons listed on the County Planning's "Sunshine" list were notified of this meeting. Additionally, notices of the meeting resulted in several telephone calls with interested parties prior to the meeting. At the meeting, Mr. Smith and Mr. Nichols reviewed the proposed rnaster land use plan and explained the PD District and rezoning process. The continuing care retirernent facility component was also discussed. Questions were answered by Mr. Smith, Mr. Grant and Mr. Nichols. The main issues discussed were traffic impacts on Chair Road, number and types of residential units, water/sewer/utility questions and types of commercial uses envisioned for the project. As announced at this first rneeting, a second cornrnunity meeting will be held at the end of January or first part of February to further discuss the project. Notices of this second meeting will be sent to all property owners on Chair Road as well as all persons notified 117 of the first rneeting and those who attended the first meeting. 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I NY1d 31n03H:>S ElNISYHd :WdO'l:iflaO/lIiNMO "y ~SNn.L 'fI 3>lSn>l 'SltltlON ..J 1'IrfUHlU 'f 3'l4snlI 'RIl:lO)I LaO ! ....... .. / .. """""'" "'" -.-. "~. /1 Ji_ ll! t 124 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 8.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Special Use Permit Modification (S-130) - Request by Ken Shanklin for Tim Ward to Modify the Site Plan for Special Use Permit S-13 to Relocate Piers, Eliminate the Boat Ramp and Modify the Clubhouse Footprint in the R-15 Residential Zoning District at 1512 Burnett Road in the Conservation land Classification BRIEF SUMMARY: The Petitioner will be present to request a 90-day continuance of this request. The Planning Board voted 6-1 to recommend denial of the request. Several people expressed concerns for impacts on water quality relating to shellfishing, incomplete information about impervious coverage and water depths, impacts on neighborhood recreational use of the water, noise, and uncertainty regarding uses of the clubhouse and garage. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Motion to Recommend Approval (with or without conditions). 2. Motion to Table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ .~ ~ 5-13 modification 2.08. Finding of Facts.doc 5-13 Modificalion 2.08.Pelition Summary.doc S.'3M.IPg Applicanl Malerial:s: S.13M.pdf ~ Site plan S.13M.pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A request by the petitioner to continue the item was approved 5-0. 125 Case: S-13, Modification 2/08 APPLICANT: Ken Shanklin for Carolina Marina & Yacht Club REQUEST: Modification of site plan: Combine piers, modify clubhouse LOCATION: 1512 Burnett Road History: This permit relates to a marina originally approved in 1971. Over time, the details of the proposal have been modified by a series of administrative approvals under the provisions of Section 71-1 (9) of the zoning ordinance. The proposed change was deemed to be a major change from the approved plan. Therefore, applicant is submitting it for major modification to the existing permit. PLANNING BOARD ACTION The Planning Board voted 6-1 to recommend denial of the request. Several people expressed concerns for impacts on water quality relating to shellfishing; incomplete information about irnpervious coverage and water depths; irnpacts on neighborhood recreational use of the water; noise; and uncertainty regarding uses of the clubhouse and garage. Preliminary Staff Findings 1. The board must find that the modification 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 subject property is located within the Myrtle Grove VFD. B. Private water and septic serve the site. c. All utilities will be underground. D. The subject property is located in a 100-year floodplain VE zone. E. The site is located in a Primary Nursery Area. F. The site is located in SA shellfishing waters. G. The site is located in an R-15 Residential Zoning District. H. The site is approximately 2.9 acres in size with 240 feet of waterway frontage. I. Access to the site is frorn Silver Ave. and Burnett Road, local streets that deliver traffic to Carolina Beach Road, a major arterial thoroughfare. J. A Special Use Permit was issued in 1971 for expansion of an existing marina. The original site plan has been altered by administrative approvals over a long period of time. The current valid site plan was administratively approved in September of 2005. K. This current modification proposes elirnination of the boat ramp, combination of the two piers shown on the Septernber 2005 plan into one 24' wide pier plus 6' walkway with 60' wide flare and expanded floating T to overall 145' on the location of the existing pier; and shifting of the clubhouse northward as well as adding a IO-foot covered deck on two sides of the structure. 126 2. The Board must find that the modification meets all required conditions and specifications of the zoning ordinance. A. The proposed location of the clubhouse facility is in a Special Flood Hazard Velocity zone, and must meet the elevation requirements set out in the flood code for such structures. No enclosures are allowed below flood elevation except under standards specified in the flood ordinance. The proposal shifts the clubhouse northward toward the Tucker-Burnett Subdivision homeowners' common lot, leaving a setback of 20 feet from the property line. B. According to the Major Permits Coordinator for Coastal Management, the applicant's prior dredging proposal received objection from Marine Fisheries because of the primary nursery area impacts. A variance from DMF would be required in order to dredge. The applicant wishes to eliminate the ramp and expand the width of the existing pier in order to utilize a forklift for dropping of boats rather than launching. c. A marina requires a special use permit and site-specific site plan to operate in a residential district. D. Parking rnust rneet the requirernents of the current zoning ordinance for the cornbined range of uses of the property. E. Buffering must meet the requirements of the current ordinance. F. Night lighting must be contained on site per the ordinance. G. Existing stormwater permit needs to be reviewed to consider if changes are needed based on the proposed modification of irnpervious area to the clubhouse. H. Existing CAMA permit needs to be modified if this requested modification is approved by the county. 3. The Board must find that the modification will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Marinas in Residential zoning districts require special use permits in order to evaluate and mitigate negative impacts on surrounding residential quality of life. B. The applicant intends to deliver boats to the water via a forklift. The use of a forklift was authorized by the Board of Adjustrnent in January, 2007 (ZBA-793) c. Widening the pier structure will facilitate use of a forklift to deliver boats to the water. D. Deliver of boats to the water via forklift is often associated with dry stack storage of boats. Stacked storage of boats, on any sort ofracks or structures, is not part of the approved site plan for S-13 (1971) and shall not be construed to be part of or implied by this rnodification request. Applicant has formerly rnade application for approval of dry stack storage of boats, but has withdrawn each request before the County Commissioners have had an opportunity to evaluate and rule on the request. E. The 1971 minutes of approval couched parking within the context of "larger parking spaces for cars with boat trailers." F. Boating is not a public necessity, but increased public access to the water is an irnportant goal in coastal counties. 4. The Board must find that the location and character of the use if modified 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 127 County. A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term managernent and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. With limited exceptions, the 2006 CAMA Land Use Plan prohibits dredging in a prirnary nursery areas and open shellfishing waters; therefore, removal of the boat ramp would be in harmony with the area and consistent with the land use plan. C. The immediate surrounding area is populated with residential uses. Staff Comments: 1. If approved, the modification order should clearly specify all desired conditions, clarifications, and reference to the current and valid site plan. Such action should state that it supersedes and vacates all prior plans and conditions. The new order would then become the only valid county authorization associated with S-13. Since the history of this project has been contentious and speculatively debated through the years, staff feels that clearly establishing the details of approval would be an irnportant step to resolve rnatters and create predictability for all parties. 2. Zoning enforcement staff would like an official clarification as to the county's position on use of the clubhouse for sit-down food service for mernbers only versus the general public. A condition on the 1971 approval requires that "sales and services connected with the operation of the club house facility shall be incidental to the rnarina's operation." To date the interpretation has been that the clubhouse is a private club associated with the rnarina, and food service would only be allowed for rnembers and their invited guests. Removal of this or any condition requires amendrnent of the special use permit through normal channels via Planning Board and County Commissioners. 3. Acknowledgement of all conditions should be added to the notes of the site plan. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 128 Case: 8-13, 1971- Modification 2/08 Petition Summary Data OwnerIPetitioner: Ken Shanklin for Carolina Marina & Yacht Club Existing Land Use: Marina Zoning History: April 7, 1971 (Area 4) Land Classification: Conservation Water Type: Private provider available Sewer Type: Private provider available Recreation Area: Snow's Cut Park Access & Traffic Volume: Burnett Rd. (local) to Carolina Beach Rd. (arterial) Traffic LOS on Carolina Beach Rd. is C&D (2005) with ADT approximately 26,592 Fire District: Federal Point FD Watershed & Water Quality Classification: Seabreeze, SA Aquifer Recharge Area: Shallow water table sand aquifer and underlying artesian aquifer containing fresh water over salty water ConservationlHistoric/Archaeological Resources: Special Hazard Flood Zone (VE); Primary Nursery Area; salt marsh Soils: Tidal Marsh (TM); Newhan (Nh); Leon (Le) Septic Suitability: Class IV Unsuitable (TM); Class I Suitable (Nh); Class III Severe Limitations (Le) Schools: Carolina Beach Elementary 129 C.,',.,"C'-".,___., ./ I , , .' - , 0 " ~ l-C----~_~___, i /" I , " ~- ~' '-~- '",', " i " , J c__~____ ' " . cC'_______'-__ c_-._.."....'c____..,.._.._,. '-;,:--"--- ' '. , ,,' L_..__.__.,..____.._,_____" ".' , :'---.., ~ l... , , ~ ',i re-r _ "----. ----..r--"..__" , ,..,- r'" -./ .~~: :-----",..;----- "'--.,,, ' -"~----, f---/ - I" I-c-", "......=1. :1;;- ;< '." : u.. · C-"-}",-"", , \ '-J - -- ~--~ """"i i"' L", 1____ III ~". ~'" , ~" ,",,- \ i ~ ,.. ~--. I- i IX js i I~ '-"- ; ~y~:~ 1- ~- -"--,,....... -;::-::-: ,l",~ '- 1...- ~- __",__"\,f 1.."..- kj I ;"-T' ---- I-'~t: ..,---c_, \ I.._c"';- 1----- ""..'" -- : ._~J !, "-- ,- I ____ ~\ --"~7~:i '- I \ ~ r'~ '-_ ,()~ ; - 1,- : ',--'-- ~\ -"01 1'\\ ;;i;;i e- ~ l,/T: ,~ --,,'" ~r:::T T7t; := ~,- ~-~;" - ~1 ;:3< '; I. ~ ~~j~ r , j("^' .... ~~ '''- Ic,J I, - - "}:' !l. :;- i "'n ?r--~ """"::'--.-- ! " , · H l ~ I 'If 'lLVa'i~ ~~ -L! ~ !l'~ ! g> L !l i'A F :-.::: ~ ~---___ "II 0 Il!!..l d i' ., !' ~DC' -- 1-- ~ "~,;~lIIi ~: ':___ 0 ..- ,~" '-" - 8 i~l!1 'j I' I' ~ -- ~.,,~ I, ~ N'l!~I!l1l j Ii""" L... ---T"~- ..~-.. . ~:::~...~ ~ : I / 1'- ----- ~ f!,jl '* ' ! ~ '1 ijrlf.l~rrl~ ~" " - J; ~! d I I j ~ ; ~ i \r~_=----i" ~-7'j ---j J~, " ' I' 't 130 APPLICANT MATERIALS , " 131 SHANKLIN & NICHOLS, LLP ATTORNEYS AT LAw 214 MARKET STREET POST OFFICE BOX 1347 WILMINGTON. NORTH CAROLINA 28402.1347 TELEPHONE (91 0) 762.9400. TELEFAX (91 0) 251-1773 +E-MAIL: SHANKLAW@EARTHLlNK.NET KENNETH A. SHANKLlN* *BOARO CERTIFIED SPEClAUST IN MATrHEW A. NICHOLS.. REAL PROPERTY I..iI,w - RES'OENTlAl.. BUSINESS. COMME."RCIALAND INDUSTlllAL TRANSACTIONS SARAH E. MANCINELLI . COLIN J. TARRANT "'* Al.SO AOMlITEO IN NE."W YORK February 21, 2008 VIA E-MAIL: bgreer@nhcgov.com AND U.S. MAIL The Honorable Robert G. Greer, Chairman New Hanover County Commissioners 230 Market Place Drive, Suite 175 Wilmington, NC 28403 Re: Carolina Marina & Yacht Club, LLC 1512 Burnett Road, Wilmington, NC Amendment to SUP No. 13 Case S-13, Modification 2/08 Our File No. 02071.001 Dear Chairman Greer: We respectfully request that the above referred to matter scheduled to be heard at the Commissioners' March 10, 2008 meeting be continued for ninety (90) days until June 2008 to allow the Petitioner additional time to respond to the recommendations of the Planning Board and perhaps revise the site plan. Your cooperation in this regard is appreciated. With best regards, I remain Kenneth A. Shanklin KAS/pec ce: Mr. Timothy H. Ward Sharon Huffman Jackson, Esq. - via e-mail shuffman@nhcgov.com William A. Raney, Jr., Esq. - via e-mail waraney@bellsouth.net Chris O'Keefe, Planning Director- via e-mail cokeefe@nhcgov.com Ms. Sheila Schult, Clerk - via e-mail sschult@nhcgov.com 132 REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." SEE EXHIBIT "A" ATTACHED HERETO. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" ofthe Zoning Ordinance". SEE EXHIBIT "A" ATTACHED HERETO. Page 2 of3 SUP 11/07 133 General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." SEE EXHIBIT "A" ATTACHED HERETO. 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 confonnity with the plan of development for New Hanover County." SEE EXHIBIT "A" ATTACHED HERETO. The Zoning Ordinance in some instances also imposes additional specific requirements on the use'tequested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable). HelShe should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all ofthe information presented in this application is accurate to the best of my knowledge, information, and belief. CAROLINA MARINA AND YACHT CLUB, LLC By: Signature of Petit Timothy H. Ward, Member-Manager Date: January 9, 2008 Print Name Page 3 00 SUP 11/07 134 EXHIBIT "A" TO APPLICATION FOR SPECIAL USE PERMIT (AMENDMENT TO SPECIAL USE PERMIT NO. 13) OWNER! APPLICANT: Carolina Marina and Yacht Club, LLC (hereinafter referred to as the "Applicant") AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: January 9, 2008 PROPERTY: 1512 Burnett Road Wilmington, N.C. New Hanover County Back2round Information: On May 6, 1971, Homer H. Ward applied for a special use permit with the New Hanover County Planning Department to construct and operate a commercial marina upon the following described property: BEING all of Lots 1, 2, 3 and 4 of Block 3, of the Tucker Burnett subdivision, as the same appears on a map prepared by M.H. Lander, C.E., dated May 10, 1947, and recorded in Map Book 4, Page 72 of the Registry of New Hanover County, together with all of that land, marsh land, or water lying to the East of the above described lots, and extending Eastwardly to the Western edge of the inland waterway, bounded on the North by the dividing line between Lot 8 in Block 2 and Lot 2 in Block 3 in said subdivision, if same were extended Eastwardly, and bounded on the South by the dividing line between Lots 4 and 5 in Block 3 in said subdivision, if same were extended Eastwardly. This property was acquired by Homer H. Ward and wife, Frances Elizabeth Ward, by Deed recorded in Book 788 at Page 714 on May 11, 1966, in the New Hanover County Registry ("Subject Property"). The Subject Property was inherited by Timothy H. Ward and his brother Donald H. Ward from their parents. In May 2005, Timothy H. Ward and Donald H. Ward together with their spouses conveyed the Subject Property to the Applicant, Carolina Marina and Yacht Club, LLC, a North Carolina Limited Liability Company. 135 The Subject Property is located in an R-I5 residential zoning district, and commercial marinas are permitted by special use permit in R-I5 zoning districts in New Hanover County. In fact, marinas have been permitted in a R-15 zoning districts since the inception of zoning in New Hanover County. This is because most if not all of the available land for a marina lies almost exclusively within residentially zoned property next to the salt marshes, the Intracoastal Waterway, the Cape Fear River and the Northeast Cape Fear River that border the majority of New Hanover County's jurisdictional and physical boundaries. On June 2, 1971, the Wilmington-New Hanover County Planning Commission unanimously recommended that the County Commissioners approve Homer H. Ward's special use permit application subject to seven conditions and on June 7, 1971, the New Hanover County Board of Commissioners voted unanimously to approve Homer H. Ward's special use permit application for the operation of a commercial marina at the Subject Property. It is worthwhile. to note that there were "no objections" lodged at the original public hearing granting the Special Use Permit. The seven conditions recommended by the Planning Commission were adopted by the Board of Commissioners, and these conditions were set forth on the face of the special use permit. A copy of Special Use Permit No. 13 ("SUP No. 13) is attached hereto as Exhibit "A." It has been established in the North Carolina General Court of Justice and before the County's Board of Adjustment that SUP No. 13 is valid and runs with title to the Subject Property, now owned by Carolina Marina and Yacht Club, LLC. Certain neighbors have questioned the validity of SUP No. 13, but the validity of SUP No. 13 is well settled and beyond question. In 2004, Timothy H. Ward and Donnie H. Ward ("Plaintiffs") filed a Complaint for Declaratory Judgment against New Hanover County ("Defendant County") in New Hanover County Superior Court (File No. 04 CVS 2195). The narrow scope of this action was to seek a judicial determination of the Plaintiffs' rights to use a forklift in connection with their operation of a commercial marina on the Subject Property pursuant to SUP No. 13. This case was dismissed by the Superior Court on jurisdictional grounds, leaving undecided whether the applicants can use a forklift at the subject marina. The North Carolina Court of Appeals upheld the decision, and the North Carolina Supreme Court decided not to hear this matter, so the Applicant requested a new hearing by the Board of Adjustment. On January 23, 2007, the Board of Adjustment heard this matter involving the forklift and voted unanimously (5-0) to grant the Applicant's appeal of the Staff's Decision and reversed the Chief Enforcement Officer. In other words, the Staff decision was overturned to allow the Applicant the use of a forklift on the site. Additionally, the initial site plan for Applicant's Marina has been administratively modified on several occasions. The last modification was duly approved by Ann Hines and subsequently upheld by the Board of Adjustment on September 26, 2006 after a challenge by David Ward and Violet Ward. -2- 136 With that in mind, and considering the substantial need for access by the general public to the public trust waters of the Intracoastal Waterway, Applicant has revised its drawings to reconstruct the pier to allow for the use of a forklift as well as minor revisions involving the clubhouse. Over the course of the last several years, Applicant and its Manager, Timothy Ward, have been diligently pursuing permits for the continued use and development of the Marina. Some of these permits are: NC State Storm Water Permit - #NCG 01000; New Hanover County Storm Water Permit; NC DOT driveway connection permit - #NH 4874; NHC Soil and Erosion control permit - #GP5101; NC DENR (CAMA) permit - #0207; US Army Corps of Engineers permit - #SA W200600466; NC. State sewer connection permit; and Office of Administrative Hearings Order entered by Judge Augustus B. Elkins, II on November 30, 2007 upholding CAMA Major Permit No. 02-07 attached hereto as Exhibit "B." Considerable progress has been made with the use and development of Applicant's commercial marina. General Requirement #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." Statement by Applicant: The Subject Property consists of Lots 1, 2, 3 and 4 of Block 3 of the Tucker Burnett Subdivision located at the end of Burnett Road, which is located off Carolina Beach Road (Highway 421) south of Wilmington. The Subject Property currently has a Special Use Permit (i.e., New Hanover County SUP No. 13) (hereinafter "Permit") for a commercial marina with conditions as listed on the Permit, which is attached hereto as Exhibit "A." The Subject Property has been in the Ward family for many years, and in 2005, the Ward brothers conveyed the Subject Property to Carolina Marina and Yacht Club, LLC. (See Deeds recorded on May 13,2005, in Book 4805 at Page 535, and Book 4805 at Page 539, New Hanover County Registry.) The Subject Property has been used as a commercial marina since before the adoption of New Hanover County's Zoning Ordinances, with Mr. Homer Ward obtaining SUP No. 13 on June 7, 1971, for the commercial marina. Portions of the Subject -3- 137 Property are unimproved. This request is submitted for an amendment to the current SUP No. 13. The marina located on the Subject Property has been continuously occupied by members of the Ward family since the I960s. This point is significant in this case because a special use permit is one issued "for a use which the ordinance expressly permits in a designated zone upon proof that certain facts and conditions detailed in the ordinance exist." Refining Co. v. Board of Aldermen, 284 N.C. 458, 467, 202 S.E. 2d 129, 135 (1974). Additionally, when standards governing issuance of a special use permit are specified in a zoning ordinance and an applicant complies fully with the standards, the Board may not deny a permit to that applicant. Woodhouse v. Board of Commissioners, 299 N.C. 211, 216, 261 S.E. 2d 882,887 (1980). By the actions of the Board in 1971, the Subject Property is deemed to have complied with, and continues to comply with, all of the County's criteria for the issuance of a special use permit for a commercial marina in an R-15 residentially zoned district. By reason of that and the fact that the St,lbject Property has operated as a commercial marina at significant times during the last 34 years, this is significant and material evidence that operation of a commercial marina on the Subject Property has not and will "not materially endanger the public health or safety" where it is presently located. The proposed amendment to this Permit would be consistent with the County's Comprehensive Plan (hereinafter "Land Use Plan"). Specifically, the proposed Amendment will be in harmony with the overall recreational development of the southern portion of the County. See Policy 3.18 (Natural Resources) (p. 102), Policy 5.2 (Land Use and Urban Design) (p. 110) and Policies 18.1 and 18.2 (Economic Development) (p: 130-131). And, the proposed improvements to SUP No. 13 will comply with the Master Plan for Parks, Recreation and Open Space. See pages, Ex-4, Ex-9, 2-8, 2-9, 2-16, 3-2, 4-2, 4-11. 4-2 addresses the need for greater access to the water resources of New Hanover County. Another planning concept is the recognition of the actual and best use of the Subject Property-a commercial use. Zoning should not be a vehicle to disrupt historic uses and permits of property, especially when founded upon economics. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. Statement by Applicant: The Subject Property's classification on the Land Classification Map is "Conservation" because of its proximity to water. Existing SUP No. 13 met and has continually met all of the required conditions and specifications of the County Zoning Ordinance. A review of the proposed minor amendments to the site plan of SUP No. 13 demonstrates that all technical requirements have been achieved. Recall, the ordinal site -4- 138 plan for SUP No. 13 is over 36 years old and there is dire need for the site plan for SUP No. 13 to be more modernized to meet the needs of the citizens of New Hanover County in this portion of the County. There are thousands and thousands of boats in New Hanover County. Access to the Intracoastal Waterway and our barrier islands and the Atlantic Ocean is critical for enjoying these natural resources. Just recently, a story has appeared on WECT TV -6 and in the Wilmington Star-News addressing the critical problem of there not being enough boat slips and marinas for the population of New Hanover County. Additionally, boat slip space and access to the waterway (our greatest natural resource) should be a high priority of the Board and our County. See Master Plan for Parks, Recreation and Open Space. General Reauirement #3 The Board. must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant Since this rezoning request is for an Amendment to an existing Special Use Permit, there will not be significant or adverse neighborhood changes. But, in any event, the Applicant will offer evidence supporting its position that the proposed amendments to SUP No. 13 will not substantially injure the value of adjoining or abutting property. Additionally, as the evidence from the Applicant will demonstrate at the hearings on me merit of this request, modernization ofthis marina is a public necessity. In fact, the need for boat storage and boating facilities in New Hanover County is substantial and critical. General Reauirement #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: As noted above, the request by the Applicant is simply a request to alter the existing boat ramp and eliminate the need for dredging through the use of a pier with a forklift as stated in the CAMA Permit No. 02-07, a copy of which is attached. Accordingly, both the County Planning Board and the Board of County Commissioners have previously determined (both unanimously) that this site is a proper and necessary location for a marina that will serve the general public in this portion of New Hanover County. As this Board knows, the development of a marina is a difficult task with all of the required permits from Federal and State agencies. The oversight upon a marina is probably greater than most businesses in New Hanover County, and there will always be -5- 139 an oversight agency involved with this marina. In sum, the proposed amendment to SUP No. 13 is simply a modernization of the initial site plan as administratively modified by New Hanover County. -6- 140 Narrative for amendment to special use permit #13 The requested change is to remove from the existing plan of development the use of a boat ramp located at the seawall on the eastern property line and the subsequent need for dredging a channel from the intercoastal waterway to the ramp. Access to the waterway would be created through the replacement of the current existing pier structure with a new pier capable of use by a marine forklift which would deliver the boats to deep water at the end of the pier. The existing pier is already scheduled to be replaced per the current plan. Additional floating dockage is also needed at the end of the pier to support the launching and retrieval process. Overall the linear feet of floating docks has been reduced from 445 feet to 145 feet, or 67%. Another change requested is moving the clubhouse location slightly north to provide adequate spacing from the forklift path. The previous distance from the north property line was 46 feet. The proposed new distance is 20 feet. The required buffer is 10 feet. The clubhouse footprint is expanded also to primarily allow for 10 feet wide covered decks to be included on the eastern and southern sides and enclosing the currently exposed stairwells for customers benefit in inclement weather. ~q[-~SJ- 141 NARRATIVE FOR APPLICATION FOR SPECIAL USE PERMIT (AMENDMENT TO SPECIAL USE PERMIT NO. 13) OWNER! PETITIONER: Carolina Marina and Yacht Club, LLC AGENT: Kenneth A. Shanklin DATE: January 9, 2008 PROPERTY: 1512 Burnett Road The requested amendment is to remove from the existing plan of development the use of a boat ramp located in the seawall on the eastern property line and the subsequent need for dredging a channel from the Intracoastal waterway up to the ramp. Access to the waterway would be created through the replacement of the current pier structure with a new pier capable of use by a marine forklift which would deliver the boats to deep water at the end of the pier. Additional floating dockage is also needed to support the launching and retrieval process. Another change is requested in moving the clubhouse location slightly west and north to pt5vide adequate spacing for the forklift path. The clubhouse footprint is expanded also to primarily allow for a 10 foot deck to be included on the eastern and southern sides and enclosing the exposed stairwells to benefit customers in inclement weather. 142 ~~~~ I 1:=--- JYAlQ'3.l VAj 7V.lSYOJV8.LNI S Ii ~ II ~'___ ~I I" I, !" _ '_,. __ ~ · II' !11ll1j ~ ~ ~, I,ll IIllli Ii II! 1IIIIIIIIIIIIIIIillll '~I ,'" , ~, ~ .,f a ' ^ ~ 1".., ~: '!ll!1f " ill;' , " · d,,' I~, !!,"i j 1,1" .1' 1,1 01: "111-'1 I . I tll'!,! 'I .' . I I~H' J.II' '. '. ill I ',I , ; liB II illlul - II . . ' . ,II- '. ----'-=-- p...._...c.._ .........,,- ,'I 1.1 .. 'I ~ I '!!llh I,ll, =,' 'I i, i :, 'I I" "'I, .'" ililllilii I~iill _._ 1 ~.II''';: "i 0 143 This page intentionally left blank. 144 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 9 Estimated Time: Page Number: Department: County Attorney Presenter: Avril Pinder, Finance Director Contact: Avril Pinder, Finance Director SUBJECT: Public Hearing on Mason Inlet Special Assessment BRIEF SUMMARY: On February 4, 2008 the Board of Commissioners adopted a preliminary assessment resolution for Mason Inlet Relocation Project costs having determined total cost to be assessed. The project was initially authorized in 1999, and the original assessment basis remains in force. G.S. 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to any matters covered by the preliminary assessment resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and annul, modify or confirm the assessments as appropriate. If confirmed, direct staff to publish a Notice of Confirmation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ - -. - . ., 2WEI NQtic:e Heari:'"Jg Preliminary.::..sses5 Roli .dSls NOT I CE MAS 0 N SIN LE T M arch2008. doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with the Finance Director's recommendation. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing. Confirmed the assessments 5-0 and directed staff to publish a Notice of Confirmation. Frank Pinkston requested the Board increase the payment period from three to five years. Staff proposed a five-year term at 7% interest beginning October 1, 2008. This was approved by the Board 5-0. 145 NEW HANOVER COUNTY AVRIL M. PINDER, MBA, CPA, CLGFO FINANCE OFFICE Finance Director 230 GOVERNMENT CENTER DRIVE, SUITE 165 WILMINGTON, NORTH CAROLINA 28403 JULIANNE M. McLAWHON, CPA TELEPHONE (910) 798-7187 Deputy Finance Director FAX (910) 798-7410 wWW.nhCIlOV.COm BARBARA D. McCLURE, MBA, CPA, CPFO Assistant Finance Director February 12, 2008 RE: HEARING ON PRELIMINARY ASSESSMENT ROLL Dear Property Owner: A Preliminary Assessment Resolution providing for the relocation of Mason Inlet was adopted by the New Hanover County Board of Commissioners on June 21,1999. Inlet relocation has been completed, as well as two phases of inlet maintenance. Inlet maintenance is required for compliance with the conditions of the US Corp of Engineers permit authorizing the original project. The Board of County Commissioners determined on February 4, 2008, that the operational and maintenance cost for the project through September 24, 2007 to be presently assessed is two million eight hundred seventeen thousand five hundred twenty-four dollars ($2,817,524). The purpose of this letter is to inform you that your property will be assessed in the amount set forth in the enclosed section of the proposed Preliminary Assessment Roll. The Board of County Commissioners shall confirm the amount stated during, or thereafter, a public hearing on March 10, 2008. A copy of the complete proposed Preliminary Assessment Roll is available for examination at the Office of the Clerk to the Board of County Commissioners. The New Hanover County Board of Commissioners will hold the PUBLIC HEARING at 1 :00 P.M., or THEREAFTER, on MARCH 10, 2008, at the Historic Courthouse, 24 N. Third Street, Wilmington, North Carolina 28401. The purpose of the hearing is not to receive comments regarding the basis of the assessments, but rather to consider the clerical and mathematical accuracy of individual assessments. The basis for the assessments was established on June 21, 1999, after a public hearing on that issue. TO REGISTER TO SPEAK AT THE HEARING, NOTIFY AVRIL PINDER, NEW HANOVER COUNTY FINANCE DIRECTOR, AT 910-798-7187 or apinder@nhcgov.com BY THURSDAY, MARCH 6th AT 12:00 NOON. CORRESPONDANCE CAN BE TO SENT TO THE ADDRESS NOTED ABOVE. After the public hearing, the Board of County Commissioners will confirm the final assessment roll and determine the payment terms. An additional mailing will be sent to you containing this information. If you have any questions, you may reach Avril Pinder, Finance Director, at 910-798-7187. Sincerely, Bruce T. Shell County Manager Enclosure: Proposed Preliminary Assessment Roll 146 NOTICE OF PRELlMINIARY ASSESSMENT ROLL AND HEARING THEREON THE PUBLIC WILL TAKE NOTICE that a Preliminary Assessment Roll providing for special assessments to pay for relocation of Mason Inlet was prepared by directive of the New Hanover County Board of Commissioners on the 4th day of February 2008. A copy of the proposed Preliminary Assessment Roll is available for inspection in the office of the Clerk to the Board of County Commissioners. The New Hanover County Board of Commissioners will hold a public hearing on the Preliminary Assessment Roll at 1 :00 p.m. or thereafter, on the 10th day of March 2008 at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina for the purpose of hearing all interested persons and confirming the Assessment Roll. SHEILA L. SCHULT Clerk, Board of Commissioners County of New Hanover, North Carolina Date: February 29, 2008 147 This page intentionally left blank. 148 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 10 Estimated Time: Page Number: Department: Fire Services Presenter: Donnie Hall Contact: Lena Butler SUBJECT: Consideration of Award of Bid 08-0272 and Approval of Contract 08-0272 to Triad Fire, Inc. for the Purchase of a 100' Aerial Platform ladder Fire Truck for $844,551 BRIEF SUMMARY: A Request for Bids was published in the Star News on January 13, 2008 for the purchase of a 100' Aerial Platform Ladder Fire Truck. The bid proposal was also emailed to CW Williams & Co., Custom Fire Apparatus, Inc., Emergency Apparatus Inc., Metrolina Fire & Rescue, Inc., Seagrave Fire Apparatus, Jack L. Slagle Equipment Co., Inc. and Triad Fire, Inc. Bids were due no later than 10:00 a.m. Tuesday, January 29, 2008. At the appointed time and hour only one vendor, Triad Fire, had submitted a bid. Three bids are required only for construction or repair contracts in the formal bidding range. There is no minimum number of bids that must be received for a purchase contract to be awarded, regardless of the cost of the contract. Therefore, the bid was opened at the appointed time and read aloud. Triad Fire, Inc. $844,551 Staff has reviewed the bid proposal and found it to be a responsible bid. Staff recommends that the bid be awarded to Triad Fire in the amount of $844,551. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution awarding bid 08-0272 and contract 08-0272 to Triad Fire, Inc. in the amount of $844,551, and authorize the County Manager to execute the contract. Adopt ordinance for budget amendment 08-164, prepared for accounting purposes only. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: In the adopted FY 07-08 budget, the Board approved the purchase of a 100-foot Aerial Ladder Fire Truck by financing through a lease purchase agreement. The equipment was estimated to cost $984,000 and the installment lease payments were budgeted in the appropriate account for FY 07-08. ATTACHMENTS: ~ ~ ........ ........ . -. - . ., ReS=Gi=...::;c!,,:-Ladde:- T :"':..;sk .de;c 08-1642-6-08.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 149 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 150 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 10:00 a.m. Tuesday, January 29,2008 in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230 Government Center Drive, Wilmington NC, and the following bid was received for one (1) 1 OO-foot Aerial Platform Ladder Fire Truck, Bid # 08-0272; and Triad Fire, Inc. $844,551 WHEREAS, NC General Statutes require three bids only for construction or repair contracts in the formal bidding range and no minimum number of bids for purchase contracts; therefore, the bid was opened at the appointed time and read aloud; and WHEREAS, the Fire Services Director, the Finance Director, and the County Manager recommend that the contract be awarded to Triad Fire, Inc., the sole bidder, in the amount of eight hundred forty-four thousand five hundred fifty-one dollars ($844,551); and WHEREAS, nine hundred eighty-four thousand dollars ($984,000) was approved in the FY 07-08 budget for the purchase of a 1 OO-foot Aerial Platform Ladder Fire Truck; and WHEREAS, budget amendment 08-164 has been prepared and is for accounting purposes to record and budget the financing proceeds and is submitted for approval as part of this request; and WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1.150- 2, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that contract 08-0272 for the purchase of one (1) 100-foot Aerial Platform Ladder Fire Truck for Fire Services be awarded to Triad Fire, Inc., the amount of $844,551 and that the County Manager is hereby authorized and directed to execute contract 08-0272, contract form to be approved by the County Attorney. ADOPTED this the 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 151 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-164 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-164 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Fire Department: Fire Services Operations Exnenditure: Decrease Increase Fire Services Operations: Capital Outlay - Motor Vehicle $844,551 Total $844,551 Revenue: Decrease Increase Fire Services Operations: Installment Loan Proceeds $844,551 Total $844,551 Section 2: Explanation In the Adopted FY07-08 Budget, the Board approved the purchase of an aerial truck by financing through a lease purchase agreement. The equipment was estimated to cost $984,000 and the installment lease payments were budgeted in the appropriated account for FY07-08. The actual cost for the equipment was $844,551. This budget amendment is only a book entry necessary to record the revenue and expenditure. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-164 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 152 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 11 Estimated Time: Page Number: Department: Property Management Presenters: Max Maxwell, Donnie Hall Contact: Max Maxwell SUBJECT: Consideration of Adoption of Capital Project Ordinance to Establish the Murrayville Fire Station Capital Project and Resolution to Award Bid and Authorization to Execute Contract with Dixie General Contractors for Construction of the Murrayville Fire Station BRIEF SUMMARY: The Commissioners are requested to adopt the Capital Project Ordinance for the Murrayville Fire Station in the amount of $3,549,966. This amount includes construction, site improvements, furnishings, inspection fees, etc. Sealed bids were received and opened on Tuesday, February 26, 2008 for the construction of the Murrayville Fire Station. A recap of all bids received is detailed below: Dixie General Contractors $2,769,646 DS Simmons, Inc. $2,906,250 Group III MGT, Inc. $3,078,500 Heaton Construction, Inc. $3,187,000 Lee F. Cowper, Inc. $2,807,250 NRL Builders, Inc. $3,081,720 O'Connor Co. of NC, Inc. $2,909,030 Paragon Builders, Inc. $3,039,038 Pro Construction, Inc. $2,848,800 Stewart-Cooper-Newell, architects for the project, reviewed the bid submitted by Dixie General Contractors, the lowest responsible bidder on the project and have discussed their recommendation with staff. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Capital Project Ordinance, ordinance for associated budget amendment 2008-98, and resolution awarding bid to Dixie General Contractors in the amount of $2,769,646. Authorize the County Manager to execute the contract in the amount of $2,769,646. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ........ ,......, -.. - , -- cpordmu;re'r~i!iefi:-e$1ation .doc Re$olulion-Mu;re'r~i!ie Fi;e Station ,doc 2W~-g.S 2-27-DS.doc 153 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 154 CAPITAL PROJECT ORDIANCE MURRAYVILLE FIRE STATION BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the construction of the Murrayville Fire Station, which capital project involves the construction andlor acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. 4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute 159-13.2. 2. The project undertaken pursuant to this ordinance is the Murrayville Fire Station Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Installment Debt Financing $3.549.966 Total $3.549.966 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $3.549.966 Total $3.549.966 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. ADOPTED this 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 155 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by Stewart- Newell-Cooper, architects for the project at 2:00 p.m., Tuesday, February 26,2008, in the New Hanover County Finance Office, Suite 165, Conference Room 500 located at 230 Government Center Drive, Wilmington NC, and the following bids were received for construction of the Murrayville Fire Station No. 52; and Dixie General Contractors $2,769,646 OS Simmons, Inc. $2,906,250 Group III MGT, Inc. $3,078,500 Heaton Construction, Inc. $3,187,000 Lee F. Cowper, Inc. $2,807,250 NRL Builders, Inc. $3,081,720 O'Connor Co. of NC, Inc. $2,909,030 Paragon Builders, Inc. $3,039,038 Pro Construction, Inc. $2,848,800 WHEREAS, the architects recommended to staff that Dixie General Contractors, the lowest responsible bidder be awarded the contract; and WHERAS, the Fire Services Director, the Finance Director, and the County Manager recommend to the Commissioners that the contract be awarded to Dixie General Contractors, in the amount of two million seven hundred sixty-nine thousand six hundred forty-six dollars ($2,769,646). NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that the award for the construction of Murrayville Fire Station No. 52 be awarded to Dixie General Contractors in the amount of $2,769,646 and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 156 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-98 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Amendment 2008-98 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Murrayville Fire Station Department: Finance Revenue: Decrease Increase Installment Loan Proceeds $3,549,966 Total $3,549,966 Exnenditure: Decrease Increase Construction $2,648,534 Inspection Fees 43,162 Site Improvements 400,000 Furnishings, Equipment, etc. 300,000 Contingency 158,270 Total $3.549.966 Section 2: Explanation This budget amendment is to establish the project for Murrayville Fire Station in the amount of $3,549,966. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-98 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section 1.150-2 of the Treasury Regulations, the County may reimburse itself from the proceeds of any future debt to be hereinafter incurred by the County for this project. Adopted, this day of ,2008 (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 157 This page intentionally left blank. 158 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 12 Estimated Time: Page Number: Department: Finance Presenter: Avril M. Pinder, Finance Director Contact: Avril M. Pinder SUBJECT: Consideration of a Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with Suntrust Leasing Corporation to Finance the Acquisition of a Bulldozer, Loader, and Aerial Fire Truck BRIEF SUMMARY: The County Commissioners previously approved the purchase of a loader (Landfill) $143,970, bulldozer (Landfill) $649,329, and an aerial truck (Fire Services) $844,551. The attached resolution is for the approval of the installment financing for equipment with SunTrust Leasing Corporation for five years at a rate of 2.942%. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution for the Installment Purchase Contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . ., R etolulionFinancingConlr aclS untrutl-$1 637850. DOC REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 159 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH SUNTRUST LEASING CORPORATION TO FINANCE THE ACQUISITION OF A BULLDOZER, LOADER AND AN AERIAL FIRE TRUCK FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: Section 1. The Board of Commissioners does hereby find and determine: (a) New Hanover County proposes the financing of the acquisition of a bulldozer, loader, and an aerial fire truck, as more fully described in the hereinafter named Contract; (b) The most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended; (c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance the acquisition of real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and (d) SunTrust Leasing Corporation ("SunTrust") has proposed that SunTrust finance the acquisition pursuant to an Installment Purchase Contract between the Purchaser and SunTrust ("the Contract") . Section 2. The Board of Commissioners hereby authorizes and directs the County Manager, the County Attorney, and the Finance Director execute, acknowledge and deliver the Contract on behalf of the Purchaser in such form and substance as the person executing and delivering such instruments on behalf of the Purchaser shall find acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the Contract and attest the same. Section 3. The proper officers of the Purchaser are authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and Contract. Section 4. Notwithstanding any provision of the Contract, no deficiency judgment may be rendered against the Purchaser in any action for breach of a contractual obligation under the Contract and the taxing power of the Purchaser is not and may not be pledged directly or indirectly to secure any moneys due under the Contract, the security provided under the Contract being the sole security for Sun Trust in such instance. Section 5. The Purchaser covenants that to the extent permitted by the constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code") as required so that interest on the Purchaser's obligations under the Contract will not be included in the gross income of SunTrust. 160 Section 6. It is hereby determined and approved that (i) the proceeds of the Contract shall be used for the financing of the acquisition of a bulldozer, a loader, and an aerial fire truck and, (ii) the maximum principal amount expected to be incurred is $1,637,850 with 10 semiannual installments. ADOPTED this the 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 161 This page intentionally left blank. 162 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 13 Estimated Time: Page Number: Department: Finance Presenter: Avril M. Pinder Contact: Avril M. Pinder SUBJECT: Public Hearing Financing of Jail Land, Murrayville Fire Station, Public Safety Training Center and Customs Building at Wilmington International Airport BRIEF SUMMARY: The Board is requested to conduct a public hearing on the proposed financing of the purchase of land adjacent to jail, construction of Murrayville Fire Station, funding the Public Safety Training Center at Cape Fear Community College (CFCC) and funding the customs building at Wilmington International Airport. In accordance with the resolution adopted at the February 18, 2008 Board of Commissioners meeting, staff has moved forward with preparation of the Local Government Commission (LGC) application for the financing of the purchase of jail land, construction of Murrayville Fire Station, funding the Public Safety Training Center at CFCC and funding a customs building at Wilmington International Airport. This public hearing is an LGC requirement that allows the public to comment on the proposed funding for the purchase before the LGC reviews the application. Attached is a resolution in a format acceptable to the LGC that documents the County's actions and findings on the financing of the purchase. This is a 18-year term with semi-annual payments and an interest rate of 4.06%. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and adopt resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ~ ,...",. ,.....,. ",,,... ........ . -- - . -. - . -- . - -. - Re$QlutionComb!ned-S 1 65-GU~W. DOC T ax.AQm! 1.dos _E$cro'lI' Depo$it ,~;eement.DOC r~C_Deed of Tru,.-t.DOC ~ ~ ........ _...n_. ,.. . . ,. , KempOpinion Letter Jai:2D228-Z>03dos rK-!nslal:ment Financing ContRlctl.DOC 163 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and adopt resolution. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and approved 5-0. 164 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE FINANCING OF THE ACQUISITION OF LAND; CONSTRUCTION OF MURRA YVILLE FIRE STATION; FUNDING FOR THE CFCC PUBLIC SAFETY CENTER; AND AIRPORT EXPANSION; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County") as follows: Section 1. The Board does hereby find and determine as follows: (a) There exists in the County a need to acquire land contiguous to the County Jail to be used for future jail expansion, to construct a fire station in the Murrayville area, to fund a public safety training center at Cape Fear Community College and to fund a customs building at the Wilmington International Airport (the "Project). (b) In order to pay the costs of the Project and to pay certain other costs associated with the Project, the Board of Commissioners has determined to enter into an Installment Financing agreement, to be dated as of the date of delivery thereof (the "Agreement"), between the County and SunTrust Equipment Finance & Leasing Corporation (the "Bank"), and a Deed of Trust, to be dated as of the date of delivery thereof (the "Deed of Trust"), from the County to the deed of trust trustee named therein for the benefit of the Bank. Pursuant to the Agreement, the Bank will advance to the County amounts sufficient to pay the cost of financing the Project, and the County will repay the advancement in installments, with interest (the "Installment Payment"). (c) There has been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. B-1 --.--------- 165 (d) It is in the best interest of the County to enter into the Agreement in that such plan of finance will result in providing financing for the Project in an efficient and cost effective manner. (e) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue in that (i) the County does not have sufficient constitutional authority to issue non- voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the Financing without an election; (ii) the nature of the Project is such that they are not a "revenue bond project" within the meaning of The State and Local Government Revenue Bond Act; (iii) the cost of the Project exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (iv) the circumstances existing require that funds be available to commence construction of the Project as soon as practicable and time required for holding an election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond Act would delay the commencement of construction of the Project by several months; and (v) there can be no assurances that the issuance of general obligation bonds to finance the Project would be approved by the voters and the necessity of the Project dictates that the Project be financed by a method that assures that the Project will be constructed in an expedient manner. (t) Based upon information provided to the Board of Commissioners, the costs of the financing described above is reasonably comparable to the costs associated with other alternative means of financing and is acceptable to the Board of Commissioners. 166 (g) The County Attorney will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (h) The debt management policies of the County have been carried out in strict compliance with law, and the County is not in default under any obligation for repayment of borrowed money. (i) No tax rate increase is anticipated to be necessary to pay the Installment Payments. Section 2. The Board requests the Local Government Commission to approve the Agreement and the proposed Financing in connection therewith. Section 3. In order to provide for the Financing, the County is hereby authorized to enter into the Agreement to receive an advancement in installments pursuant thereto in a principal amount not to exceed $15,938,066. The County shall repay the advancement in installments due in the amounts and times set forth in the Agreement. The payment of Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the forms of the Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any Assistant or Deputy Clerk to the Board is hereby authorized to affix the official seal of the County to each of said documents and to attest the same to the extent required. 167 Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement. Section 6. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board, and any other officers, agents and employees of the County are hereby authorized and directed to deliver such certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 7. This resolution shall take effect immediately upon its passage. This, the 10th day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 168 TAX AGREEMENT AND ARBITRAGE CERTIFICATE This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by NEW HANOVER COUNTY, NORTH CAROLINA ("County") in favor of SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ("Lender") in connection with ttlat certain installment financing contract dated April 7, 2008 (the lIContract"), by and between Lender and County. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. .;;..,.. f,;~:'~f:~~:~;:,~i],:;?~lj$~~ Section 1. In General.,:~1i;f :{ ,j;>(>> 1.1 This Certificate is executed for the pu~!l~~ establishing the reasonable expectations of County as to future events regarding the financing,of." pcsfl""t1,.., ing f~.,~""',',!=>,"..,."r",,t,.h, econtract (hereinafter defined) to be acquired by Lender and installment contracted to, , S,.1~" , nn',IJ..".,',."t~ursuan~.",."".,d..~",......"I,.,,n""" accordance with the contract referenced above executed under the Contract (togethe~~ related docl1~~ executed pursuant thereto a ndcontemporaneously herewith, the 11 Fina.n Ci".i,n".."..".,..,',.,#Jo.'.,'.l:,..".'...,..'..,..,.,."'.".,.,o...."",,cumen..ts ..",).,.. As descr_:" i,.,n"the" Financing Documents, Lender shall apply $15,938,066.00 (the IPrin~:".:...jf.mount")4<ward the acquisifl_!t!~;Project and County shall make Payments under the terms and cdn(f.._$ as sefiwrth in the Finan~ocuments. 1.2. The individual executing this Certificate on behalf of C~~tyiS .~~~r of County ~gated with the res.ponsibility of reviewing. and executing the Financing Docum.~rrsuant to tt:e resolutiOn or ott:er official action of County adopted WIth respect to the Documents~'jg~y of which has been delivered to Lender.~%~'i~:. 1.3. The Financing Documents are being ente the purpose of'~~!ng tynds for financing the cost of acquiring, equipping and installing the Project wH ; ~I tO"the gove.,~~','~'.. .,. I functions of County, which Project is described in the Project Schedule. The . twill be de~ted in escrow by Lender on the date of issuance of the Financing Documents and ~Id by , .,j ,;;~~K, as escrow agent (the "Escrow Agenf') to be expended pursu~~~t~;~ terms of thal~~i:GsP~~ ese" "~\ll.~ment dated as of April 7, 2008, (the "Escrow f.g!eement"~li.,.~1ql~:tween Lendej[pnd Escrow;,'gent 1.4. County will timely fjl~0[~ eacfi':.~ent schedule!.~ued under the Installment contract a Form 8038-0 relating to such Installl1J~I~~ntractw~.he Internal R~nue Service in accordance with Section 149( e) of the Intemal Revenue CodEfof'l'Ui;,pS ame~ (the "Code). ::~~i.::...;i;: >~'~~':~t,,~t:':, . j~:~T'i;"', " .t:?~:'" Section 2. Non-ArbitraQei~I~~!I~I.})j::ii.,<i;i;i}~J' 2.1. T~e PayrTl(~',{'7J.!!1der tlieli~ng;~""~1I ~e made w~ monies retaine? i~ County's general o~erating f~_~$aWl:.lor SU~J:lnt therelnJ:~o Sinking, debt selVlce, reserv~ or sl~llar fund or account WIll be c~'i.ld or r:nalnIlJ~r the p.~t O!'i the Payments due under the Flnancmg Documents or pledgdl~ secunty there . .J'j~.';~'~B~"~fi . 2.2. me~~e been and wlll.~ued no~', gations by or on behalf of County that would be deemed to be (i) issued or sqf~~ithin fifteen (1Sllws bef."'e or after the date of issuance of the Financing Documents, (ii) issued or so~~.,""'"...~,u,,,a nt to a cdflI1,,',: on plan of financing with the Financing Documents and (in) paid out of substantially thel~source of fibs as, or deemed to have substantially the same claim to be paid out of substantially theS":,:" , source,jYffunds as, the Financing Documents. 2.3. Other than ttle Prt. ". 1;~t held under the Escrow Agreement, County does not and will not have on hand any funds that are or "Stricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, r'cementorseparatesource of financing for the Project. 2.4. No portion of the P~ipal Amount is being used by County to acquire investments which produce a yield materially higher than the yield realized by Lender from Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for ttle governmental purpose for which the Rnancing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of the Project. 2.6. County does not expect to convey, subinstallment contract or otherwise dispose of the Project, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. 169 Section 3. Disbursement of Funds: Reimbursementto County. 3.1. It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the costs of the Project to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount may be paid to County as reimbursement for costs payments .already made by it so long as the conditions set forth in Section 3.2 below are satisfied. 3.2. County shall not request that it be reimbursed for the Project acquisition cost payments already made by it unless each of the following conditions have been satisfied: (a) County adopted a resolution or otherwise declared its official intent .l~ccordance with Treasury Regulation 9 1.150-2 (the "Declaration of Officiallntenf'), wherei~,r~~xpressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the cost()~!.Project, which expenditure was paid to the Vendor not earlier than sixty (60) days before County adopted tl'r'.lration of Official Intent; <k;;:;'i;". "'<~~>V!i;;<~> (b) The reimbursement being requested will be made bya Written!~catiorf~~~ the later of eighteen (18) months after the expenditure was paid or eighteen (18) month~tter~ complEi.;~t!he Project to which such payment relates was expended'4tJ~!jf.~~':i~j!,:,!. '!~~~i~ii~;l (c) The entire payment with respect to which reimbursem~ being sought is a caPit8ti~~.{lditure, being a cost of a type pr~per1y charg~able to a capital account _~ener.at~:;deral income ta~'~1pleS; an? (d) County will use any reimbursement payment forgen , E'ting1<~nses and not 1I1~' ,,:manner whICh co~ld be c?nstrued. a:> an artific~ or device under !reasury Rd '::~;}~;..2:~~~if:'f~-10 to avoid, irt'whole or in part, arbitrage yield restnctlons or arbitrage rebate requirements. '4~tl~1~~:;. Section 4. Use and Investment ofFu",~:.Temporarv PerJ~~~,,: 4.1. County has incurred or will incur, within Si*~_~ from the date o~_nce of the Financing Documents, binding obligatio.ns to pay ~n ~mo~nt eq~al .to ~~"i41.percen~ (5%Y~" .k,rincipal Amount toward the costs of the Project. An obligation IS not binding If~~~ s~:C()f1tingencleSlJllln County's control. 4.2. An amount equal to at least eighty-five percent (.~/o) of ~~lr!\l1'1~t will be expended to pay the cost of the Project by the end of the/J!j~~~-year period CO~ng o~. of this Certificate. No portion of the Principal Amount will be uS._tt~.1IIIre investmen' $;.." t do not cf'Y out the govemmental purpose of the Financing Documents a~~t hawaii~tantiallY guar.eedyield offour (4) years or more. 4.3. (a) Cou~ coven~~~agrees111t it will rebate'~. amount equal t? e~cess eamings on the Principal Amount deposited under the~~OW A~ment to the Inte.:'Revenue SeMce if required by, and in accordance with, Section 148(1) of the ~ia~~_jQI1Ual de!~wninations and maintain the records required by and th. ~ Will IallJll ~.(!tfJ_'>'!" o elWlSe corn ,. ,'&ii,..',., ,'~ re u ",'I ',~,",,' '.;.;{ii;i;!i ~'::'..;f:';f.;f'V, '" , g 'h~G'PP 'V'.'::,,"}'; (b) County~~:<,:'E~/J;..'" 'futhat'~'~~nty is a gOv~rhmental unit with general tax powers; (ii) the Installment contract~;6t a "private'.,~'; bond~_~:tion 141 of the Code; (iii) at least ninety-five percent (95%) of the P '. I Amount is use J e gov :(.'t~fillal activities of County. sectfon .' crow Accoun "t~51 ';~li~; , ''':'illL::' The Financl , uments proviClJlJ'lat the monies deposited in escrow shall be invested until payments to the vendor(s) co V',) of the Proj.are due. County will ensure that such investment will not result in County's obligations unde. ;. .inancing .lkuments being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal ' '!' Que ~ of 1986, as amended (the "Code"), respectively.. Section 6. NoPri'"/.'w~' No Consumer Loan. 5.1. County will not excee~eprivate use restrictions set forth in Section 141 of the Code. Specifically, County will not permit more than1fen (10010) of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%.) of the Principal Amount plus interest eamed thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest eamed 170 thereon is secured by Private Business Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used for a Private Business Use related to the governmental use of the Project Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the govemmental use of the particular project to which such Excess Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of bond proceeds or bond financed- property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural. person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. 5.2. No part of the Principal Amount or interest earned thereon will be used, to make or finance any loans to nongovernmental entities or to any governmental other than County. Section 7. No Federal Guarantee. 6.1 . Payment of the principal or interest due under the Financing guaranteed, in whole or in part, by the United States or an 6.2. No portion of the Principal Amount or interest earned payment of principal or interest of which are to be any agency or instrumentality thereof, or (ii) accounts if such investment would cause the guaranteed" within the meaning of Section 149(b) of Section 8. Miscellaneous. 7.1. County shall keep a complete and or assignees of the Financing Documents in form and substance requirements of Section 149(a) of the Code unless Lender or its for such purpose. 7.2. County shall maintain complete and of the Principal Amount and interest earnings thereon for a in full under the Financing Documents. 7.3. To the best of the the above expectations are reasonable and there that would materially change the expectations IN WITNESS Certificate has been executed on behalf of County as of Name: Avril Pinder Title: Finance Director 171 ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT (the "Escrow Agreement"), dated as of April 7, 2008 by and among the County of New Hanover, North Carolina, a political subdivision of the State of North Carolina (the "County"), SunTrust Equipment Finance & Leasing Corp., a Virginia corporation, as lender (the "Lender), and SunTrust Bank, a Georgia banking corporation, as escrow agent (the "Escrow Agent"). WITNESSETH: WHEREAS, the County is authorized by N.C.G.S. construction of improvements to real property as is proprietary functions by entering into installment WHEREAS, the Lender is willing to defined); and WHEREAS, the County and the Financing Contract dated April 7, 2008 (the "Contract") to of the Fire Station, acquisition of land for future project for terminal buildings and construction of a public fully described in the Contract (the "Project"); and and maintained by the of the Project the sum of investment thereof, in periodic of the Project; and desire to provide for the safekeeping and and for the procedures in disbursing such of the premises set forth above and the mutual agree as follows: 1. and the Escrow Agent agree that the Escrow Agent will act as sole this Escrow Agreement in accordance with the terms and conditions set Agreement. The Escrow Agent shall not be deemed to be party to any this Escrow Agreement shall be deemed to constitute the entire Escrow Agreement the Lender, the County, and the Escrow Agent. 2. Upon the execution of the Contract, the Lender shall deposit with the Escrow Agent the sum of $15,938,066 which, together with the earnings from the investment thereof, shall be maintained separate and apart from other funds of the Lender, and shall be held and disbursed in accordance with this Escrow Agreement. 3. Prior to any disbursement from the Escrow Fund, the County shall furnish the Escrow Agent and the Lender, a copy of an approved annual budget as evidence satisfactory to 172 the Lender of appropriation by the County of funds sufficient to pay the payments coming due under the Contract on or before July 1, 20080f the then current budget year of the County. After the receipt of such evidence, the Escrow Agent shall disburse funds from the Escrow Fund as directed by the County, or to the County to the extent the County has spent its funds for the construction of the Project, upon receipt of a written request from the County in the form attached hereto as Schedule A. The County also agrees to submit to the Lender the written request in the fonn of Schedule A. together with such other documents and certificates as the Lender may reasonably request in connection therewith. The Escrow Agent has no duty to ascertain the correctness or completeness of any document connection with any direction to disburse funds. The Escrow Agent shall make in the Escrow Fund upon receipt of (i) the written request of the County in the form attached hereto as Schedule A and (ii) written approval of such Notwithstanding the foregoing, (i) the Escrow Agent shall not make more than the construction together with applicable interest. 4. The Project has been designated Escrow Fund constitutes the source of payment for the In the event that funds remain in the Escrow Fund the Escrow Fund will be paid to (i) to be balance of the obligations owed capital improvements as may be Notwithstanding any other term or in writing to continue to hold and disburse Agreement, all monies in Fund years from the date shall prepayment under County obligations under the Contract, a first lien on moneys and investments and all proceeds thereof. Upon written that an Event of Default has occurred under the all monies on deposit in the Escrow Fund to the the intention of the parties that, to the extent permitted by law, and hold the Lender and the Escrow Agent harmless for all costs the Contract and this Escrow Agreement. The Escrow Agent shall have no provisions of this paragraph. 6. notification to the Escrow Agent by the County or by the Lender confirmed by the that the County has failed to appropriate funds pursuant to paragraph 3 of the Contract, the Escrow Agent shall forthwith disburse all monies on deposit in the Escrow Fund to the Lender on behalf of the County to be applied to the payment of principal under the Contract. 7. To the extent permitted by the law, any monies held as part of the Escrow Fund shall be promptly invested and reinvested by the Escrow Agent upon the written direction of the County in any of the following investments: (i) STI Classic US Treasury Money Market Fund or (ii) any other investment permitted under N.C.G.S. ~159-30 which is approved by the Lender. 173 No investment shall be made in a security maturing later than the date on which the County shall notify the Escrow Agent as to the dates on which funds are needed for disbursement and the estimated amount of · each such disbursement and the estimated amount of each such disbursement and the Escrow Agent may rely upon this information in connection with all investments or reinvestments of funds. The Escrow Agent has no duty to make investment recommendations. . 8. This Escrow Agreement may be modified or amended only with the written consent of County, Lender and Escrow Agent. 9. The County agrees to pay the Escrow Agent's connection with its duties and obligations under this Escrow Agreement in Financing Contract Proposal from the Lender to the County. or dispute, the Escrow Agent is entitled to recover from the County and all other reasonable costs in connection with the discharge Agent under this Escrow Agreement. 10. In the event of the Escrow Agent's by it, said funds shall be and remain the property of the in this Escrow Agreement, and if for such funds Escrow Agent shall be impressed with entitled to a preferred claim upon such 11. The Escrow or signature which it believes to be genuine, of any statement or assertion contained in such a that any person purporting to give any writing, with the provisions hereof has been duly authorized to do no duty to make any investigation or inquiry as to shall not be liable in any manner for the and execution, or validity of any instrument authority or right of any person executing the same. any of the trusts or powers hereof and perform the or through attorneys, agents, or receivers, and shall be entitled to all matters of trust and its duty hereunder. The Escrow Agent shall for the default or misconduct of any such attorney, agent, or receiver The Escrow Agent may consult with counsel of its own choice and full and complete authorization and protection acting in compliance with the opinion of 13. If the Lender or the County shall be in disagreement about the interpretation of the Contract or this Escrow Agreement, or about the rights and obligations of, or the propriety of any action contemplated by, the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified pursuant to Section 5 for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgment in such action is received. 174 14. The Escrow Agent shall not be liable in connection with the performance or observation of its duties or obligations hereunder except for in the case of its own gross negligence or willful misconduct. The Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any covenant or agreement made by such party hereunder or under the Contract, but shall be responsible solely for the performance of the duties and obligations expressly imposed upon it as Escrow Agent hereunder. 15. The Lender and the County, by written agreement, time and for any reason, remove Escrow Agent and any appoint a successor or successors thereto, but any such borrowed capital) and surplus of at least mutually subject to supervision or examination by federal company publishes a report of condition at least of any federal or state supervising or 15, the combined capital and surplus of established in its most recent report of condition 16. The Escrow Agent or resign by giving written notice to the Lender and the County the proposed date of resignation, which shall be a date not less notice, unless an earlier resignation date and the appointment of a have been approved by Lender and the County. the Lender and the County shall promptly by in writing; provided, however, that in fail to appoint a successor Escrow Agent within thirty (30) notice, the Lender may appoint a successor Escrow of Escrow Agent shall become effective only upon Escrow Agent. Agent may be merged or converted, or with which from any merger, conversion or consolidation to to which Escrow Agent may sell or transfer all or business (provided that such company shall be eligible under to the Escrow Agent without the execution or filing or further act. 18. This Agreement shall terminate when all transfers required to be made with respect to the Fund by the Escrow Agent under the provisions hereof and all payments due to the Escrow Agent hereunder shall be made. 19. If anyone or more of the covenants or agreements provided in this Escrow Agreement on the part of the Lender, the County, or the Escrow Agent to be performed shall be determined by a court of competent jurisdiction to be contrary to law, such covenants or agreements shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Escrow Agreement. 175 20. This Escrow Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. 2l. This Escrow Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. 22. Any and all notices, requests, demands and other communications given under or in connection with this Escrow Agreement shall be effective in writing and either personally delivered or mailed by registered or certified United postage prepaid, return receipt requested, addressed to the address of the forth below: County: Address: Lender: executed this Escrow Agreement as of the LENDER: SUNTRUST EQUIPMENT FINANCE & LEASING CORP. By: Title: NEW HANOVER COUNTY: (SEAL) Attest: By: Title: Title: 176 ESCROW AGENT: SUNTRUST BANK By: Title: 177 SCHEDULE A REQUEST FOR DISBURSEMENT OF ESCROW FUNDS Date: 1. The amount of the requested disbursement: 2. The address to which such funds are to be forwarded: 3. A brief description of the purpose of the payment: 4. The undersigned certifies as follows: (1) Payment of the disbursement the undersigned to be in or covenants under the Installment -, 2008 (the "Contract") but not lim the Contract. (2) The amounts requested to in connection with the construction of the of any previous request for 5. receipts, invoices, or other documents disbursement is requested. COUNTY OF NEW HANOVER, NORTH CAROLINA By: (Title) APPROVED: SUNTRUST FINANCE AND LEASING CORP. By: Title: 178 Drawn By and Return To: STATE OF NORTH CAROLINA FIXTURES) AGREEMENT (the "Deed of Trust") is April. 2008, by and between the County of New Hanover, subdivision of the State of North Carolina, whose address is 230 hereinafter called the. "Grantor"), and Michael J. Powers, as Trustee and SunTrust Equipment Finance & Leasing Corp., a Virginia is 300 East Joppa Road, Suite 700, Towson, Maryland 21286 (hereinafter "Beneficiary"); WITNESSETH: WHEREAS, in accordance with the provisions of N.C. Gen. Stat. Section I60A-20, the Beneficiary has agreed pursuant to an Installment Financing Contract by and between the Beneficiary and the Grantor, dated of even elate (hereinafter called the "Contract"), to lend to or for the benefit of the Grantor up to the principal sum of $15,938,066; 179 AND WHEREAS, all principal sums to be advanced to or for the benefit of the Grantor and secured by this Deed of Trust shall be evidenced by the Contract, which Contract may contain provisions for the adjustment of the interest rate, adjustments in the payments, extension or renewal of the term, among other things, the terms of which are incorporated herein by reference and the final payment date for which if not sooner paid and if payment thereof is not extended, is March 1,2026; AND WHEREAS, the Grantor is thereby, or shall hereafter become, indebted to the Beneficiary in an amount equal to the sum of all outstanding under the Contract, as provided therein together with and payable with interest as, or rates, specified in the Contract; AND WHEREAS, the Grantor desires to secure the Contract with interest and any extensions, renewals, substitutions orreplacements therefore, in whole or interest thereon, advMced in accordance with the this Deed of Trust, or advanced to protect the Contract, and to secure the performance of contained herein, by a conveyance of the lands and a described; AND WHEREAS, all obligations made subject to the limitation of liability set forth in and Section 13 of the Contract; NOW, and in further consideration of the sum of One Dollar the receipt and sufficiency of which is hereby and sold, and by these presents does give, grant, Trustee, its successors and assigns, the following now or hereafter located thereon, lying and of North Carolina, and more particularly HERETO AND BY THIS INCORPORATED HEREIN Such with all structures, buildings and other improvements (hereinafter now or hereafter located thereon being hereinafter called the "Property." TOGETHER WITH all fixtures, equipment and other articles of personal property acquired by the Grantor with funds advanced by the Beneficiary pursuant to the Contract, whether now. owned or hereafter acquired, all personal property obtained in substitution or replacement therefore, and all personal property obtained in substitution or replacement for any portion thereof, and all proceeds of the foregoing (hereinafter called the "Collateral"). 2 180 TO HA VE AND TO HOLD the Property and Collateral, with all the rights, privileges, and appurtenances thereunto belonging or appertaining to the Trustee, his heirs, successors and assigns, in fee simple forever, upon the trusts and for the uses and purposes hereinafter set out; And the Grantor covenants with the Trustee that it is seized of the Property and Collateral in fee and has the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances except for the permitted encumbrances shown on Exhibit B and such other encumbrances as may be approved by the . Beneficiary in writing as provided in the Contract; and that it will warrant and defend the title to the Collateral against the lawful claims of all persons whomsoever. THIS CONVEYANCE IS MADE UPON THIS that if the Grantor shall pay all obligations under the Contract in accordance together with interest thereon, and any renewals, extensions, modifications, or replacements thereof in whole or in part, shall pay all sums hereunder to protect the security of this Deed of Trust or the interest thereon, and shall comply with all the this Deed of Trust and all other documents and agreements and herewith, then this conveyance shall be null and record at the request and at the cost of the Grantor. This Deed of Trust secures an of an improvement on the real property covered hereby and mortgage" under Section 25-9-334 of the General Statutes of Section 1. of anyone or more of the following events the installment payments of principal and sum due under this Deed of Trust or the of the terms, conditions or covenants contained in this demolition, injury or waste to the Property or Collateral of a receiver for, or the filing of a petition of bankruptcy by or (e) The Grantor's default under the terms of any instrument to which this Deed of Trust is subordinate or which is subordinate to this Deed of Trust; (f) Default. by the Grantor in keeping, performing or observing any term, covenant, agreement or condition of the Contract, upon which the advances hereby secured was predicated, or default by the Grantor under any other agreement executed concurrently with the execution and delivery of the Contract and this Deed of Trust, including, without limitation, any agreement 3 181 containing provisions relating to the rights of the Grantor to receive future advances or disbursements from the Beneficiary, the repayment of which is intended to be secured by this Deed of Trust; and (g) False statement, misrepresentation or withholding facts by the Grantor in any loan application or other instrument provided by the Grantor to Beneficiary or its agents as to any matter relied upon by Beneficiary in evaluating whether to extend financing to the Grantor; and (h) If (1) any lien, charge or encumbrance other than the encumbrances as provided in the Contract which is prior to or has priority over this is found to exist, (2) proceedings are in."tituted or actions taken to enforce any or encumbrance against the Property, or (3) all or any part of the Property or estate therein is sold, transferred or conveyed without the prior written consent of Section 2. REMEDIES UPON Default, the Beneficiary and Trustee shall have the (b) On the application of the shall have declared the outstanding principal balance under due and payable, the Beneficiary may foreclose the lien of this the power of sale hereby granted or by judicial The a power of sale and may sell the Property or the Beneficiary may select after first having given of foreclosure proceedings and obtained such required by law and then having given such notice and sale in such manner as then may be provided and upon compliance with the law then relating to the purchaser. convey title to the purchaser in fee simple. The at any sale thereunder. The Trustee may require the immediately with the Trustee cash or certified check in an amount percent (25%) of the bid, provided notice of such requirement is advertisement of the sale. The Trustee may reject the bid if the deposit is not and thereupon the Trustee may declare the next highest bidder to be the Purchaser. shall be refunded in case a resale is had; otherwise, it shall be applied to the price. If Collateral is sold hereunder, it need not be at the place of sale. The published notice of public sale, however, shall state the time and place where the Collateral may be inspected prior to sale. In the event a proceeding to exercise the power of sale contained herein is begun but not completed, the Grantor shall pay all expenses incurred by the Trustee and a partial commission computed as follows: one-fourth of the hereinafter-specified commission prior to the Trustee's issuance of a notice of hearing on the right to foreclose and one-half of the hereinafter-specified 4 182 commission after the issuance of such notice and prior to sale. Such expenses and partial commission may be paid by the Beneficiary on behalf of the Grantor but, in any event, shall be secured by this Deed of Trust. The foregoing shall in no way be construed to limit the powers of sale or restrict the discretion the Trustee may have under the provisions of Article 2A of Chapter 45 of the General Statutes of North Carolina, as the same may be from time to time amended, or such other laws as the Beneficiary or Trustee may be proceeding under, including the laws relating to judicial foreclosure if such is determined to be either the necessary or process to follow in foreclosing on the lien of this Deed of Trust. Except as 13 herein, each legal, equitable or contractual right, power or remedy of the or Trustee now or hereafter provided herein or by statute or otherwise shall be concurrent and shall be in addition to every other right, power and remedy. The of the exercise of anyone or more of such rights, powers and simultaneous or later exercise of any or all such other rights, limiting the foregoing, the Trustee may sell the Property and whole or in parts or parcels, at one or more sales (c) The Beneficiary shall have the right to according to the terms of Section 7 (d) The Grantor and the entered into the Contract and upon the occurrence of an the Beneficiary shall be entitled to exercise such rights and Contract. The Beneficiary shall have the right to the rents and profits from the Property and value or the solvency of any person liable for the The Beneficiary at its option, in lieu of an appointment of a things the receiver could have done. If such receiver should be a sale of the Property and Collateral by person in possession of the Property and a tenant at will of the receiver or of the purchaser and summary ejectment or other lawful remedy. against the Collateral as provided in and in accordance with the the Uniform Commercial Code as adopted by the State of North Carolina. require the Grantor to assemble the Collateral, or evidence thereof, and available to the Beneficiary at one or more places to be designated by the which are reasonably convenient to the Beneficiary. The Beneficiary may of the Collateral and hold, prepare for sale, lease or other disposition and sell, lease or otherwise dispose of the Collateral at public or private sale, for cash or on credit, as a whole or in part. (f) The exercise by the Beneficiary of any right or remedy granted to the Beneficiary or Trustee in law or equity, or by this or any other document shall not be deemed an irrevocable election of remedies thereby precluding the Beneficiary or the Trustee from exercising or pursuing any other right or remedy granted to the Trustee or the Beneficiary under this Deed of Trust, the Contract, or any other document or at law or in equity. All remedies contained herein 5 183 in the Contract or in any other separate agreement executed contemporaneously with the execution of this Deed of Trust are intended to be cumulative. Section 3. APPLICATION OF PROCEEDS. Proceeds derived from the exercise of either the power of sale or the collection of rents and profits shall be applied to pay, first, costs and expenses, including the Trustee's commission in the amount of five percent (5%) in the event of sale, reasonable attorney's fees for legal services actually performed, and reasonable auctioneer's fees if such expenses have been incurred and any other expenses or advances made or incurred in the protection of the rights of the Trustee or in of any remedy hereunder; second, to taxes and assessments due and unpaid, if it appropriate to do so; third, to the payment of any indebtedness, and interest under the Contract, secured by this Deed of Trust; and fourth, the to the person or persons entitled thereto. Section 4. PAYMENT OF AMOUNTS The Grantor covenants and agrees that it will pay the Contract. Section 5. PAYMENT OF TAXES, AMOUNTS; MAINTENANCE OF INSURANCE. (a) The Grantor shall pay, services used in connection with the Property and due, any and all taxes levied by any governmental body as a result possession, or use of the Property and Collateral. (b) at its expense, at all times a policy of insurance and the Collateral and providing the insurance protection Contract. All such insurance shall be maintained licensed to do business in North Carolina and the Beneficiary as additional insured as its deliver to the Beneficiary the policies of insurance or satisfactory to the Beneficiary of such insurance the policy or policies issued by it that (i) it will prior written notice to the Beneficiary of the cancellation or material and (ii) the coverage of the Beneficiary shall not be terminated, in any manner regardless of any breach or violation by the Grantor of any and conditions of such insurance. The Grantor agrees to cooperate fully in insurance investigations, claims and litigation proceedings. The Grantor shall fully with the Beneficiary in filing any proof of loss with respect to any insurance policy described above. In no event shall the Grantor voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim with respect to the Property or the Collateral without the written consent of the Beneficiary. Section 6. MAINTENANCE OF THE PROPERTY. The Grantor shall use the Property and the Collateral in a careful and proper manner, in compliance with all applicable laws and regulations, and shall take no action to adversely affect the Property or the Collateral, 6 184 and shall take all reasonable action to preserve the Property and the Collateral in good condition, repair, appearance and working order for the purposes intended, ordinary wear and tear excepted, including, without limitation, at its sole cost and expense, to repair and maintain the Property and the Collateral, and to replace any part of the Property and the Collateral as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use. Any and all additions to or replacements of the Property and the Collateral and all parts thereof shall constitute Improvements and shall be subject to all the terms and conditions of this Contract. Section 7. ASSIGNMENT OF RENTS, LEASES AND (a) As further security for the payment of the Contract and for the faithful performance of all the covenants, agreements, of this Deed of Trust, the Grantor hereby sells, transfers and assigns unto the Grantor's right, title and interest in and to the rents, issues, profits, and benefits from the Property. To that end, the Grantor hereby Beneficiary all leases of all or part of the Property now made, verbal, or to be hereafter made, whether written or and collectively as "Tenants' Leases"); PROVIDED THIS SECTION 8, OR ELSEWHERE IN THIS SHALL CONSENT BY BENEFICIARY LEASES UNLESS OTHERWISE SPECIFICALLY The Grantor hereby authorizes and empowers the profits, revenues, royalties, rights and benefits as they each and all of the tenants of the Property to pay such rents, hereafter become due, to the Beneficiary, upon No such demand shall be made unless and the Contract or this Deed of Trust. Until such by the Beneficiary to collect or continue royalties, rights and benefits; provided, however, the Grantor than two months in advance without the prior agrees: (i) that it will promptly and fully keep, provisions, covenants, conditions and agreements as (or similar designation) under the Tenants' Leases, anything to be done, or omit or refrain from doing anything, the give any tenant a right to terminate any of the Tenants' Leases. (c) shall, in any manner, fail in any of the above covenants and agreements, the may (but shall not be obligated to) take any action the Beneficiary deems necessary or desirable to prevent or cure any default by the Grantor in the performance of or compliance with any of the Grantor's covenants or obligations under any of the Tenants' Leases. The Beneficiary shall have the right to enter upon the Property to such extent and as often as the Beneficiary, in its sole discretion, deems necessary or desirable in order to prevent or cure any such default by the Grantor. The Beneficiary may expend such sums of money as the Beneficiary, in its sole discretion, deems necessary for any such purpose. The Grantor hereby agrees to pay to the Beneficiary, immediately upon demand, all sums so expended by the Beneficiary, together with interest thereon from the date of each such payment at the rate 7 185 provided for in the Contract. All sums so expended by the Beneficiary, and the interest thereon, shall be secured by this Deed of Trust. The Grantor will give the Beneficiary immediate notice by certified mail of any notice of default or notice of cancellation received from any tenant. Section 8. DAMAGE, DESTRUCTION OR CONDEMNATION. Pursuant to Section 7.2 of the Contract, in the event of any damage or destruction to the Improvements on the Property and the Collateral, the Grantor shall have the option to repair and restore the Improvements on the Property and the Collateral, or to prepay the unpaid balance of principal and interest due under the Contact. Pursuant to Section 7.3 of the in the event of a loss of title, condemnation or taking of all or any part of the shall have the option to restore the Property or to prepay the unpaid balance and interest due under the Contract. Section 9. SECURITY AGREEMENT. (a) This Deed of Trust shall to all Collateral of the Grantor. The Grantor hereby in the Collateral including, without limitation, all ventilating components and systems, all lighting, electrical and water components and systems, all carpets, drapes, all mechanical and hydraulic components and systems and in connection with the operation or maintenance of the foregoing constitutes personal property. The security interest shall be in addition to, and not in lieu of, any lien upon or security acquired under real property law. (b) which are or are to become fixtures related to the a financing statement filed as a fixture filing. perfected hereby shall be in addition to, and not in real property law. knowledge, the Property is not now and has not ever been used refine, transport, treat, store, handle, dispose, transfer, produce or Materials and that no Hazardous Materials have ever been installed on as otherwise disclosed to the Beneficiary as required by the Contract. The that such Property shall be kept free of Hazardous Materials and shall not be generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or Hazardous Materials, except in connection with the normal construction, maintenance and operation of the Project and in compliance with all Environmental Laws. The Grantor shall not cause or permit asa result of any intentional or unintentional act or omission on the part of the Grantor or any lessee, tenant, subtenant, licensee, guest, invitee, employee, agent or contractor, the installation of Hazardous Materials in the Project or a release of Hazardous Materials onto the Property or suffer the presence of Hazardous Materials on the Property, except in connection with the normal construction, maintenance and operation of the Project and in compliance with all Environmental Laws. The Grantor shall comply with and 8 186 ensure compliance by all sub lessees, tenants, subtenants, licensees, guests, invitees, employees, agents and contractors with all applicable federal, state and local laws, ordinances, rules and regulations with respect to Hazardous Materials and shall keep the Property free and clear of any liens imposed pursuant to such laws, ordinances, rules and regulations. The Grantor has not received any notice from any governmental agency, entity or any other person who receives any notices from any governmental agency, entity or any other person with regard to Hazardous Materials on, from or affecting the Property. In the event the Grantor does receive any such notices, the Grantor shall immediately notify the Beneficiary. The Grantor, at no expense to the Beneficiary, shall conduct and complete all investigations, studies, and testing and all remedial, removal and other actions necessary to comply with Environmental Laws. (b) Notwithstanding the description of Deed of Trust, all Hazardous Materials (as defined in this Section) are Collateral subject to this Deed of Trust. In addition, any and all located on the Property described above are specifically - included as part of the Property. Section 11. NOTICES. All communications hereunder shall be deemed given when mailed postage prepaid, return receipt requested, addressed as follows: Equipment Finance & Leasing Corp., Attention: Michael J. Suite 700, Towson, Maryland 21286, if to the Trustee, Equipment Finance & Leasing Corp., 300 East 21286, if to the Grantor, County. Avril Pinder, Drive, North Carolina 28003. The Grantor, the written notice given hereunder, designate a different address the Beneficiary in exercising any or all of its rights law shall operate as a waiver thereof or preclude the exercise of any default as set forth herein or in the event of any subsequent In the event that the Beneficiary or the Trustee voluntarily or otherwise to any suit or legal proceeding to protect the Property or to protect the title by this Deed of Trust, the Trustee and the Beneficiary shall be saved harmless be reimbursed by the Grantor for any amounts paid, including all reasonable costs, and attorney's fees incurred in any such suit or proceeding to the full extent permitted by These amounts together with interest on the amounts at the rate set forth in the Contract shall be secured by this Deed of Trust and their payment enforced as if they were a part of the original debt. (b) It is specifically agreed that the parties hereto shall in no event be deemed to have contracted for a greater rate of interest than the maximum rate permitted by law. Should a greater amount be collected, it shall be construed as a mutual mistake of the parties and the excess shall be returned to the party making such a payment. 9 187 (c) The Beneficiary shall at any time have the irrevocable right to remove the Trustee herein named without notice or cause and to appoint his successor by an instrument in writing, duly acknowledged, in such form as to entitle such written instrument to be recorded in North Carolina. In the event of the death or resignation of the Trustee herein named, the Beneficiary shall have the right to appoint his successor by such written instrument. Any Trustee so appointed shall be vested with the title to the Property and shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though such person were named herein as Trustee. (d) All the terms and conditions of the Contract the obligations secured hereby are incurred, are incorporated by this reference a part hereof. To the extent of any conflict between this Deed of Trust and the the Contract shall take priority. (e) The covenants, terms and conditions and powers shall inure to, the respective used herein, the singular number shall include or more parties have joined as Grantor, each of the obligated to perform the conditions and covenants herein the any Grantor who executes this Deed of who does the Contract hereby secured has executed the Deed of Trust only whatever such Grantor has or may hereafter have in the Property, and security interest created by this Deed of Trust. The any payee of the indebtedness hereby secured and any whether by operation of law or otherwise. TO THE CONTRARY, PURSUANT TO OF NORTH CAROLINA, NO AGAINST THE GRANTOR IN ANY OF ITS OBLIGATIONS UNDER THE UNDER THIS DEED OF TRUST, INCLUDING OF TRUST, BEING THE SOLE REMEDY POWER OF THE GRANTOR IS NOT AND MAY WAY, DIRECTLY OR INDIRECTLY, TO SECURE THE DUE UNDER THE CONTRACT, INCLUDING THE OR ADDITIONAL PAYMENTS UNDER THE CONTRACT, CONTEMPLATED HEREBY OR THEREBY. No provision of this of Trust shall be construed or interpreted as creating a pledge of the faith and credit of Grantor within the meaning of any Constitutional debt limitation. No provision of this Deed of Trust shall be construed or interpreted as creating a pledge of the faith and credit of Grantor within the meaning of the Constitution of the State of North Carolina. This Deed of Trust shall not directly or indirectly or contingently obligate Grantor to make any payments beyond the amount appropriated, if any, in the sole discretion of the Grantor for any fiscal year in which this Deed of Trust shall be in effect. Grantor may at the end of any fiscal year terminate its future payment obligations under the Contract secured by this Deed of Trust if 10 188 Grantor has not appropriated sufficient funds to make the next fiscal year's scheduled payment obligations; however, during each fiscal year, Grantor shall exercise its best efforts to appropriate funds for such obligations due in the next fiscal year. No deficiency judgment may be rendered against Grantor in any action for breach of a contractual obligation under the Contract or this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly to secure any moneys due thereunder or hereunder. No provision of this Deed of Trust shall be construed to pledge or to create a lien on any class or source of Grantor's moneys other than moneys in the Escrow Fund created pursuant to the Escrow Agreement referenced in the Contract. In addition, any of this Deed of Trust which is, or may have the effect of being, a "non-substitution and of no effect. To the extent of any conflict between this Section and of this Deed of Trust, this Section shall take priority. Notwithstanding the in this Section is intended to impair or prohibit foreclosure under this Deed Payments (as defined under the Contract) are not paid when due occurrence of any Event of Default, and in such event, Beneficiary on the Property and Collateral as provided in this Deed 11 189 IN WITNESS WHEREOF, this Deed of Trust is duly executed, sealed and delivered by the Grantor as of the day and year first above written. NEW HANOVER COUNTY, NORTH CAROLINA ATTEST: Clerk County Manager (SEAL) STATE OF NORTH CAROLINA ) ) COUNTY OF ) I certify that Bruce Shell and Sheila before me this day, each acknowledging to me that he or she the capacity indicated thereon. Date: 190 Exhibit A Le2al Description 191 Exhibit B Permitted Encumbrances Items shown on Schedule B-Section to the Title Insurance Policy provided by Title Insurance Company pursuant to Commitment No. 192 NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU J. HUFFMAN Deputy County Attorney County Attorney April 7, 2008 SunTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, Suite 700 Towson, Maryland 21286 Re: Installment Financing New Hanover, North Carolina (the "County") & Leasing Corp. (the "Lender") Weare acting as counsel to the authorization and delivery of the above-referenced The County is entering the Contract to finance the Fire Station, Public Safety Training Center at International Airport located in New Hanover County, is being entered into by the County pursuant to the General Statutes of North Carolina, as amended to the Lender in support of the obligation of the the Contract and the documents related thereto. we have reviewed (a) the Constitution and laws of (b) certain proceedings taken by the governing body of the adopted on February 18, 2008 authorizing the filing of an application by the North Carolina Local Government Commission (the "LGC") and on March 10,2008 approving the Agreements (as defined below) (collectively, the (c) the form of the Contract, the Deed of Trust and Security Agreement dated the Escrow Deposit Agreement dated April 7, 2008, and all other documents related (collectively, the "Agreements"), and (d) such other information and documents as we have deemed appropriate. Based upon the foregoing, we are of the opinion, as of the date hereof and under existing law, that: 1. The County is a municipal corporation duly existing under the Constitution and laws of the State. The County has all necessary power and authority to (a) undertake the Project, (b) adopt the Resolutions, and (c) enter into and perform its obligations under the Agreements. 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 -Fax: 910-798-7157 www.nhcgov.com 193 2. Each of the Resolutions was duly adopted. SunTrust Equipment Finance & Leasing Corp. April 7, 2008 Page 2 3. Each of the Agreements has been duly authorized, executed and delivered by the County. Assuming the due authorization, execution and delivery Agreement by the Lender, if required by the terms thereof, each such Agreement a legal, valid and binding agreement of the County enforceable against the accordance with its terms. Such obligation does not constitute a pledge of the faith and State of North Carolina or of any county, County or other political subdivision of the County. The rights and enforceability of the obligations of the be limited or otherwise affected by (a) bankruptcy, or other laws affecting the rights of creditors generally and (b) at law or in equity. 4. The Project serves a public purpose pursuant to the Constitution and laws State. 5. All necessary public and the execution, delivery and performance of the been duly conducted as required by applicable law. 6. To the approvals or authorizations of all governmental all filings and notices required on the County's part to in connection with the authorization, execution and delivery of the transactions contemplated thereby necessary approvals from the LGC have been 159, Article 8 of the North Carolina General effect, and I know of no reason why any future or orders cannot be obtained as needed. 7. or any governmental administrative proceeding to which the County (or an official capacity) is a party that is pending or, to the best of my knowledge investigation, threatened with respect to (a) the County's organization or its authority to execute and deliver the Agreements or adopt the Resolutions or to with the terms thereof, (c) the validity or enforceability or any of the Agreements or the transactions contemplated thereby, (d) the title of the County officers who executed the Agreements, (e) any authority or proceedings relating to the County's adoption of the Resolutions or its execution or delivery of any of the Agreements, or (f) the undertaking of the transactions contemplated by the Agreements and the Resolutions. The opinions expressed above are subject to the following qualifications and limitations: (a) The enforceability of the Contract will be subject to bankruptcy, insolvency and other laws affecting creditors' rights generally. To the extent that remedies under the Contract 230 Government Center Drive. Suite # 125. Wilmington, NC 28403 Phone: 910-798-7153. Fax: 910-798.7157 www.nhcgov.com 194 require enforcement by a court of equity, the enforceability thereof may be limited by such principles of equity as the court having jurisdiction may impose. (b) Pursuant to the Act, no deficiency judgment may be rendered against the County in the event of a breach by the County of its obligations under the Contract, including its obligation to pay the Installment Payments under the Contract, and the taxing power of the SunTrust Equipment Finance & Leasing Corp. April 7, 2008 Page 3 County is not pledged, and may not be pledged, to pay any Contract. (c) Under North Carolina law, the subject to the procedures and limitations set forth North Caro~ina, as amended. (d) We have assumed for purposes that the Lender will exercise its rights under the Contract in reasonable manner. This opinion is for the sole of the Contract and may not be relied upon by any Kemp P. Burpeau Deputy County Attorney 230 Government Center Drive Suite 125 Wilmington, NC 28403 (910) 798-7153 230 Government Center Drive. Suite # 125. Wilmington, NC 28403 Phone: 910.798.7153 . Fax: 910.798.7157 www.nhcgov.com 195 KPB/dnm 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com 196 INSTALLMENT FINANCING CONTRACT between SUNTRUST EQUIPMENT as the as the County Dated: April 7, 2008 197 TABLE OF CONTENTS SECTION 1. DEFINITIONS................................................................................ ... ................. ......2 SECTION 2. ADVANCE OF LOAN AMOUNT ..........................................................................6 SECTION 3. INSTALLMENT PAYMENTS AND OTHER PAYMENTS .................................6 SECTION 4. NATURE OF SECTION 5. RESPONSIBILITIES AND COVENANTS OF ............................8 SECTION 6. DEED OF TRUST SECTION 7. INSURANCE AND UNFORESEEN 16 SECTION 8. WARRANTIES AND SECTION 9. SECTION 10. DISCLAIMER OF SECTION 11. DEFAULT AND SECTION 12. SECTION 13. ................................ .................. ..28 SECTION 14. (i) 198 INSTALLMENT FINANCING CONTRACT THIS INSTALLMENT FINANCING CONTRACT, dated as of April 7, 2008 (the "Contract"), by and between SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a Virginia corporation (the "Lender"); and the COUNTY OF NEW HANOVER, a political subdivision of the State of North Carolina (the "County"); WIT N E SSE T H: WHEREAS, the County is a duly and validly created, existing municipal corporation, duly created and existing under and by virtue of the laws of the State of North Carolina; and WHEREAS, the County has the power, pursuant of North Carolina, to enter into installment contracts to real property; and WHEREAS, the Lender desires to undertake the Project, as hereinafter defined; and WHEREAS, the County desires terms and conditions hereinafter set forth; WHEREAS, the obligation of the Payments, as hereinafter defined, and other under constitute a limited obligation payable solely from and shall not constitute a pledge of the faith of any constitutional debt limitation or as otherwise and of this Contract and its plan of financing and hearing with respect to the contract providing for the secure the obligations of the County hereunder, the County as hereinafter defined, to a trustee named therein, for the benefit of WHEREAS, judgment may be rendered against the County in any action for breach of a contractual obligation under this Contract, and the taxing power of the County is not and may not be pledged in any way, directly or indirectly or contingently, to secure any moneys due under this Contract; and WHEREAS, the Lender and the County each have duly authorized the execution and delivery of this Contract; 199 NOW, THEREFORE, for and in consideration of the premises and of the covenants hereinafter contained and other valuable consideration, the parties hereto agree as follows: SECTION 1. DEFINITIONS For purposes of this Contract, the following definitions will apply: 1.1. "County" means the County of New Hanover, a political subdivision of the State of North Carolina, acting through its Governing Body. 1.2. "Deed of Trust" means the Deed of Trust and dated as of the date hereof from the County to the deed of trust trustee securing its obligations hereunder for the improvement of the Property. 1.3. "Environmental Laws" means any regulation, permit, order or ordinance relating to the protection or safety now or hereafter in effect, including, without Response, Compensation, and Liability Act, , et~.) (together with the regulations promulgated the Conservation and Recovery Act, as amended (42 (together with the regulations promulgated thereunder, "RCRA"), (33 U.S.C. Section 2701, et ~.) (together with the regulations Emergency Planning and Community Right-to-Know Act, as 11001, et ~.) (together with the regulations promulgated Water Act, as amended (33 U.S.C. Section 1321, et thereunder, "CW A"), the Clean Air Act, as (together with the regulations promulgated Control Act, as amended (15 U.S.C. Section 2601 thereunder, "TSCA"), and any state or local similar local, state or federal "superfund" or "superlien" escrow agent identified in the Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of April 7, County, the Lender and the Escrow Agent pursuant to which the Lender agrees Fund on behalf of County and to advance monies in such Escrow Fund in the terms thereof. 1.6. means the escrow fund established by the County with the Escrow Agent pursuant to the terms of the Escrow Deposit Agreement. 1.7. "Governing Body" means the governing body of the County. 1.8. "Hazardous Materials" means any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials, asbestos or any materials containing asbestos or petroleum, petroleum hydrocarbons, or any other substance or material as defined by (or for purposes of) any federal, state or local 2 200 environmental law, ordinance, rule or regulation including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. sections 9601 et ~.), the Hazardous Materials Transportation Act, as amended (49 U.S.c. sections 1801 et ~.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. sections 9601 et ~.), and the regulations adopted and publications promulgated pursuant thereto. Hazardous Materials shall not include materials used by the County in connection with its operation of any of its public works or water/sewer system, provided such materials are properly handled and contained in accordance with applicable federal and state laws. 1.9. "Installment Payments" means those payments to the Lender as described in Section 3 of this Contract and in the Payment 1.10. "Loan Amount" means $15,938.066.00, as hereto, which will be advanced by the Lender to enable the County to 1.11. "LGC" means the Local pursuant to Chapter 159 of the North Carolina 1.12. "Net Proceeds," when insurance required hereunder or condemnation of all or any portion from the gross proceeds thereof all costs) incurred in the collection of such 1.13. "Payment "Payment Schedule" attached hereto as Exhibit B which describes the County's Installment 1.14. rate, which is one of the Lender's variable rate by the Lender at its discretion based on the Lender's trends and general economic conditions. It is not third party and is not represented by the Lender to be credit. the construction of a new fire station located at Murrayville jail expansion, an airport improvement project for a customs safety training center, as more fully described in Exhibit A. 1.16. whether singular or plural, means that certain parcel or those certain parcels of land, with all fixtures, improvements and appurtenances thereon now or hereafter existing, as described in the Deed of Trust. SECTION 2. ADVANCE OF LOAN AMOUNT The Lender agrees to advance the Loan Amount to the County and the County agrees to borrow the Loan Amount from the Lender to be applied in accordance with the terms and conditions of this Contract. The proceeds of the Loan Amount shall be used to construct the Project. The advance by the Lender shall be made by the deposit by the Lender to the Escrow Fund 3 201 of the Loan Amount. The Loan Amount may be invested pending disbursement, and shall be disbursed to construct the Project in accordance with Section 5.13 hereof and the Escrow Deposit Agreement. The County shall pay any additional sums necessary to construct the Project and shall provide evidence of the payment of such additional sums to the Lender upon request. SECTION 3. INSTALLMENT PAYMENTS AND OTHER PAYMENTS 3.1. Amounts and Times of Installment Payments and Other Payments. Subject to the provisions of Section 13 hereof entitled "Limited Obligation of the " the County shall repay the Loan Amount in installments as provided in Exhibit Contract. Each installment shall be deemed to be an Installment Payment and the amount and at the time set forth in the Payment Schedule except as provided Payments shall be sufficient in the aggregate to repay the Loan Amount thereon at a per annum rate equal to the rate per annum described portion of each Installment Payment is interest. Interest on the Loan Amount as set twelve (12) thirty (30) day months. The received by the Lender on the scheduled due date. initial payment to reflect any period. 3.2. Place of Payments. All to the Lender hereunder shall be made at the Lender's principal directed by the Lender or its assignee. to pay any Installment Payment or any (15) days after the due date thereof, the offive percent (5%) of the delinquent Subject to Section 13 hereof entitled abatement or reduction of the Installment for any reason, including but not limited to, any defense, or any claim (real or contingent) arising out of or related to assumes and shall bear the entire risk of loss and damage to the Project from it being the intention of the parties that the Installment Payments and shall be made in all events unless the obligation to make such Installment payments is terminated as otherwise provided herein. 3.5. Prepayment of Installment Payments. The County may prepay the Loan Amount in whole or in part on any day from the closing date through March 1, 2018, upon payment of the principal amount to be prepaid, interest accrued to the prepayment and a prepayment premium equal to three percent (3%) of the principal amount being prepaid. From March 1,2008 through maturity, the County may prepay the Loan Amount in whole or in part upon payment of the principal amount to be prepaid plus interest accrued to the prepayment without premium or 4 202 penalty. The County shall give the Lender notice of such prepayment at least thirty (30) days prior to the date selected for prepayment. SECTION 4. NATURE OF CONTRACT This Contract is an installment contract and security agreement pursuant to Section I60A-20 of the General Statutes of North Carolina. SECTION 5. RESPONSIBILITIES AND COVENANTS OF THE 5.1. Maintenance, Care and Use. The County shall in a careful and proper manner, in compliance with all applicable laws and and shall take no action to adversely affect the Property, and shall take all the Property in good condition, repair, appearance and working order ordinary wear and tear excepted, including, without limitation, at to repair and maintain the Property, and to replace any part of time become worn out, lost, stolen, destroyed or damaged to or replacements of the Property and all parts and shall be subject to all the terms and conditions of the of Trust. The County shall not cause any additions to that change or impair the originally intended value, function or the Lender's prior written consent. 5.2. Inspection. prior notice to the County to enter into and or any part thereof during normal business hours. the Deed of Trust, the County shall not exist any mortgage, pledge, lien, charge, or the rights of the County and the of the Lender. when due, all charges for utility services used in be no abatement of the Installment Payments on 5.5. shall pay, when due, any and all taxes levied by any governmental of the County's ownership, possession, or use of the Property or as a direct or indirect construction of the Project by the County. 5.6. Risk of Loss. Subject to the provisions of Section 13 hereof entitled "Limited Obligation of the County," the County shall bear all risk of loss to and condemnation of the Property. In the event of loss or damage to the Property, the County shall either (a) continue to make the Installment Payments due hereunder and repair, reconstruct and restore the applicable portion of the Property to the satisfaction of the Lender, or (b) prepay in full the principal components of the outstanding Installment Payments in accordance with Section 3.5 hereof. 5 203 5.7. Performance by the Lender of the County's Responsibilities. Any performance required of the County or any payments required to be made by the County may, if not timely performed or paid, be performed or paid by the Lender, and, in that event, the Lender shall be immediately reimbursed by the County for such payments and for any costs and expenses, legal or otherwise, associated with the payments or other performance by the Lender, with interest thereon at a per annum rate equal to the Prime Rate in effect on the last business day of the calendar month preceding the payment (but not exceeding the maximum rate, if any, permitted by applicable law). 5.8. Financial Statements. The County agrees that it the Lender current audited financial statements (as soon as practicable after the acceptance thereof) and the County's annual budget as submitted or approved, and or its agents and representatives to inspect the County's books and records therefrom at its own expense during regular business hours and in a the normal business routine of the County. The County financial statements at such reasonable times as the and warrants to the Lender that all financial connection with this Contract fairly and accurately there has been no material adverse in the financial statements since the date the execution of this Lender, the County shall (a) (b) in the form of Exhibit C attached for the County in the form of Exhibit D attached (e) form of Exhibit E attached hereto or other proof of insurance on the Project Lender; (f) of resolutions of the Governing Body authorizing the County to enter into this carry out its terms, together with evidence of a public hearing held with respect to the Contract; (g) Proof of a title insurance policy insuring the Lender's first lien position; (h) A financing statement in form satisfactory to Lessor; (i) The most recent survey of the Property; 6 204 G) The Escrow Deposit Agreement in a form satisfactory to the Lender; (k) Copies of all documents furnished by the County to the LGC and issued by the LGC in connection with this Contract, including the certified approval by the Secretary of the LGC of this Contract and the transactions contemplated hereunder (if approval by the LGC of the transactions contemplated hereunder is required by law); and (I) Executed originals of any other documents and instruments required by Lender in connection with this Contract. 5.10. Environmental Covenants. To the best of the the Property on which the Project is to be located is not now and has been used to generate, manufacture, refine, transport, treat, store, handle, produce or process Hazardous Materials and that no Hazardous Materials on such Property except as otherwise disclosed in the Phase I prepared by Southern Environmental Group, Inc. dated and the Phase I Environmental Site Assessment for the Murrayville Fire Station parcel. The County shall free of Hazardous Materials and shall not be used to generate, refine, transport, treat, store, handle, dispose, transfer, produce or Hazardous except in connection with the normal construction, maintenance of the and in compliance with all Environmental Laws. The County permit of any intentional or unintentional act or omission on the part subtenant, licensee, guest, invitee, employee, agent or Materials on the Property or a release or suffer the presence of Hazardous Materials with the normal construction, maintenance and Property and in compliance with all Environmental ensure compliance by all sublessees, tenants, subtenants, agents and contractors with all applicable rules and regulations with respect to free and clear of any liens imposed pursuant to The County has not received any notice from any person who receives any notices from any person with regard to Hazardous Materials on, from or affecting the County does receive any such notices, the County shall immediately The County, at no expense to the Lender, shall conduct and complete all sampling and testing and all remedial, removal and other actions necessary with all applicable Environmental Laws. 5.11. The County covenants that: (a) it will make no use of the monies advanced by the Lender (the "proceeds") which would cause this Contract to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or the Treasury Regulations promulgated thereunder; (b) so long as the Contract remains in effect, the County will comply with the requirements of the Code and the applicable Treasury Regulations promulgated thereunder and will not take or omit to take any action which will cause the interest paid or payable under this Contract to be includible in the gross income of the registered owner hereof; (c) the Project shall be used exclusively for 7 205 essential governmental purposes of the County and no use shall be made of the proceeds or of the Project, directly or indirectly, which would cause this Contract to be a "private activity bond" within the meaning of Section 141 of the Code; (d) no part of the payment of principal or interest under this Contract is or shall be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof; (e) no portion of the proceeds shall be used, directly or indirectly, in making loans the payment of principal or interest with respect to which are to be guaranteed, in whole or in part, by the United States or any agency or any instrumentality thereof; and (f) the County shall not lease or otherwise make any of the Project available to any entity if such lease or other availability would cause the interest of the Installment Payments to be included in the gross income of the Lender for income tax purposes. The County shall furnish promptly all information the Lender to file on or before its due date IRS Form 8038-G. The County any action that may cause a loss of the federal, state or local or the interest thereon. 5.12. Appropriations of Payments. (a) that funds sufficient to make all Installment Payments during Contract can be obtained. While recognizing that it is not to make commitment to make Installment Payments or any other its the Governing Body of the County in authorizing the intent to make annual appropriations sufficient to make the recommended that future governing bodies continue to do so during (b) The in the initial proposal for each of the County's coming due during the fiscal year to which that the County Manager or Finance Officer includes an in a proposed budget, the County may terminate sufficient funds to make the scheduled Body not to appropriate in its budget coming due in the applicable fiscal year, the deleting such appropriation from the proposed budget shall state the reasons for such deletion, shall be adopted by a vote for and against and abstaining from the resolution, and shall be recorded in the Body. A copy of such resolution shaH be promptly sent to the Lender. shall constitute an Event of Default. (c) If the equal to the Installment Payments which will be due during the next fiscal year has not been appropriated by the County in its budget, the County Manager or Finance Officer shall deliver to the Lender, within ten (10) days after the adoption of the County's budget for such fiscal year, but not later than fifteen (15) days after the start of such fiscal year, a certificate from the Finance Officer of the County stating that the County did not make such appropriation. 5.13. Construction of the Project. The County has complied and shall comply with the provisions of Article 8 of Chapter 143 of the General Statutes of North Carolina and enter into one or more contracts with a contractor or contractors relating to the construction of the Project 8 206 (whether one or more, the "Construction Contract"). The County has caused and shall cause the construction to be carried on continuously in accordance with the plans and specifications and with all applicable ordinances and statutes, and in accordance with the requirements of all regularly constituted authorities having jurisdiction over same. The County has complied and will comply with all applicable laws, regulations and requirements of any governmental authority having jurisdiction over the Project and has secured, or caused to be secured, all regulatory approvals and permits that are available at this time and necessary for the construction and installation of the Project. The County will secure, or cause to be secured, any additional regulatory approvals and permits if required as construction and of the Project progresses. The Lender will approve disbursements of amounts Escrow Agent upon receipt of documentation satisfactory to the Lender of the to the contractor and the status of construction, including signed draw and Certificate for Payment Forms (AIA-G7021703) "AlA Form"), from the and summary page of any hard or soft costs, along with copies of invoices. SECTION 6. DEED OF TRUST 6.1. Security Interest. In order to secure shall deliver to the Lender the Deed of Trust. 6.2. Liens. The County incur, assume or suffer to exist any lien, charge, security or with respect to the Property (except the security interest by Section 5.3). The County shall promptly, at its own may be necessary to duly discharge any such lien, claim if the same shall arise at any time. The for incurred by it in order to discharge or encumbrance or claim. SECTION 7. and maintain, at its expense, at all times until covering the Property and providing the The County shall maintain at its own expense fire, and theft insurance, and such other insurance in such if permitted, as required by the Lender from time to time. The in an amount equal to the total replacement value or the Loan Amount, All such insurance shall be maintained with an insurance company or to do business in North Carolina and shall contain a standard mortgagee clause the Lender as additional insured as its interest may appear. The County shall deliver the Lender the policies of insurance or duplicates thereof or other evidence satisfactory to the Lender of such insurance coverage. Each insurer shall agree by endorsement upon the policy or policies issued by it that (i) it will give thirty (30) days prior written notice to the Lender of the cancellation or lllilterial modification of such policy; and (ii) the coverage of the Lender shall not be terminated, reduced or affected in any manner regardless of any breach or violation by the County of any warranties, declarations and conditions of such insurance. The County agrees to cooperate fully in all accident insurance investigations, claims and litigation proceedings. The County shall cooperate fully with the Lender in filing any proof 9 207 of loss with respect to any insurance policy described above. In no event shall the County voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim with respect to the Property without the written consent of the Lender. In lieu of policies of insurance written by commercial insurance companies meeting the requirements of this Section, the County may maintain a program of self-insurance or participate in group risk financing programs, risk pools, risk retention groups, purchasing groups and captive insurance companies, and in state or federal insurance programs. 7.2. Damage or Destruction. (a) The County shall the event (i) of any damage to or destruction from fire or Property or (ii) that a material defect in the construction of County determines in good faith that such damage, $100,000 to repair, replace and restore. (b) If any portion of the Property is herein, to an extent that the County determines in good faith restoring such damage or destruction will exceed Proceeds with the Lender and shall, within 90 days after the occurs, elect one of the following two options by notice of to the Lender, and the Lender shall disburse such Net Proceeds in the may elect to repair, or destroyed. If the proceed forthwith to repair, to substantially the same such damage or destruction, with such to be necessary or desirable and as applicable portion of the Property for the such damage or destruction or is intended to has occurred and is continuing under this a request made by the County, shall apply so much Proceeds to payment of the cost of such repair, on completion thereof or as the work progresses. for Net Proceeds to be paid directly to third-party vendors County for reimbursement of costs incurred in such repair, If such Net Proceeds are not sufficient to pay in full the cost and restoration, the County shall, subject to Section 5.12, pay so much of thereof as may be in excess of such Net Proceeds. The County shall not by reason of the payment of such excess cost be entitled to any (A) reimbursement from the Lender, or (B) abatement or diminution of the Installment Payments. (ii) Option B - Prepayment of Installment Payments. The County may elect to have the Net Proceeds of insurance payable as a result of such loss, damage or destruction, together with other monies provided by the County, applied to the prepayment of Installment Payments in accordance with Section 3.5 without any prepayment penalty. Notwithstanding anything to the contrary, in the event that the 10 208 County elects to make partial prepayment under this Option B, the County shall first provide to the Lender a certificate signed by the Manager to the effect that (i) the Property has been restored to its condition prior to the damage, or (ii) such damage will not impair the County's use of the Property for its intended purposes. (c) If the County determines in good faith that such cost will not exceed $100,000, the County shall (1) retain the Net Proceeds with respect to such damage or destruction, (2) forthwith repair, reconstruct and restore the Property so damaged or destroyed to substantially the Same condition as it had existed prior to the such damage or destruction, and (3) apply Net Proceeds retained by it to the of the costs of such repair, replacement and restoration. If such Net are not sufficient to pay in full the cost of such repair, replacement and restoration, subject to Section 5.12, pay so much thereof as is in excess of such 7.3. Condemnation; Loss of Title. (a) In any part of the Property or any right therein under the exercise of of all or any part of the Property because of loss of any proceedings or negotiations which might result in loss, the whom notice of such taking is served or with whom such or negotiations are commenced or who learns of a loss of title shall other. Each such notice shall describe generally the nature and loss, proceedings or negotiations. All obligations of the obligations to make Installment Payments when due) shall the Property as to which there is a loss of title or which is such loss of title is finally adjudicated or when taking the same, as the case may be (hereinafter shall pay over to the Lender (and hereby to the Lender) all right, title and interest of the County in any such loss of title, condemnation or taking during the term title, condemnation or taking, the County shall proceeding to the Lender, and, within 90 days either or both of the following two options by and the Lender shall disburse the Net Proceeds in (i) The County may elect to have the Net Proceeds as to such condemnation or taking used to restore the applicable portion of the Property which there has been a loss of title, condemnation or taking to substantially its condition prior to such loss of title, condemnation or taking. So long as no Event of Default has occurred and is continuing under this Contract, the Lender, upon receipt of a request made by the County, shall apply so much as may be necessary of such Net Proceeds to payment of the cost of such restoration, either on completion thereof or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the County shall, subject to Section 5.12, pay so much of the cost thereof as may be in excess of such Net Proceeds. The County shall not, by reason of the 11 209 payment of such excess cost, be entitled to any (A) reimbursement from the Lender, or (B) abatement or diminution of the Installment Payments. (ii) Option B - Prepayment of Installment Payments. The County may elect to have the Net Proceeds payable as to any such loss of title, condemnation or taking, together with other monies provided by the County, applied to the prepayment of the Installment Payments in accordance with Section 3.5 without any prepayment penalty. Notwithstanding anything to the contrary, in the event that the County elects to make partial prepayment pursuant to this Option B, the County shall provide to the Lender a certificate signed by the Manager to the effect that such condemnation or taking has not impaired the County's use of the Property purpose. (c) The Lender shall, at the expense of the with the County in the contest of any prospective or pending contest over title with respect to the Property or any part thereof lawfully do so, permit the County to litigate, at the expense of name and on behalf of the Lender. In no event to the settlement of, any prospective or pending as to title, with respect to the Property or any part thereof without SECTION 8. WARRANTIES AND The County warrants and and warranties being continuing) as follows: (a) The of North Carolina, and has all powers necessary to by this Contract and to carry out its obligations relating hereto, have been duly and validly County, and the performance by the County of its been approved and authorized under all laws, regqy County, including, but not limited to, compliance with requirements, and the transactions contemplated by this relating hereto constitute a public purpose for which public funds pursuant to the Constitution and laws of the State of North Carolina, authorization, execution and delivery hereof by the Lender, constitute valid, obligations of the County, enforceable in accordance with their respective as enforcement thereof may be limited by general principles of equity or by and other laws affecting the enforcement of creditors' rights generally and as those other laws may be further limited by the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended; (c) No approval or consent is required from any governmental authority with respect to the entering into or performance by the County of this Contract and the transactions contemplated hereby, or, if any such approval is required, it has been duly obtained, including any applicable approval of the LGC as evidenced by the Secretary's certificate hereon; 12 210 (d) There is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or, to the best of the County's knowledge, threatened, against or affecting the County challenging the validity or enforceability of this Contract or any other documents relating hereto, or the performance of the County's obligations hereunder, and compliance with the provisions hereof, under the circumstances contemplated hereby, does not and will not in any material respect conflict with, constitute on the part of the County a breach of or default under, or result in the creation of a lien or other encumbrance on any property of the County (except as contemplated herein) pursuant to any agreement or other instrument to which the County is a party, or any existing law, court order or consent decree to which the County is subject; (e) There are no liens or encumbrances on the or any encumbrances permitted by Section 5.3; (1) A resolution relating to the and the transactions contemplated hereby has been has not been in any respect amended, modified, (h) The security interest in the Property shall have been duly perfected and shall in the Property subject to any encumbrances Section SECTION 9. hereby agrees to indemnify protect and LGC approval of the Contract is required) harmless from all liability, obligations, costs and expenses, including attorneys fees, directly or indirectly from the Project, including construction, condition or use thereof, the conduct and agents, a breach of the County of any of its covenants or loss, cost or expense involving alleged damage to the environment including, but not limited to investigation, removal, cleanup and and any strict liability under the laws or judicial decisions of any state or the United The indemnification arising under this section shall continue in full force and effect the payment in full of all obligations under this Contract. 13 211 SECTION 10. DISCLAIMER OF WARRANTIES 10.1. No Representations by the Lender. The County acknowledges that it has inspected the Project and found the Project to be satisfactory and acknowledges and agrees that it has selected the Project based upon its own judgment and disclaims any reliance upon any statements or representations made by the Lender with respect thereto. 10.2. Disclaimer By the Lender. THE LENDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS THE CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR OF THE PROJECT OR ANY OTHER REPRESENTATION OR TO THE PROJECT. SECTION 11. DEFAULT AND REMEDIES 11.1. Definition of Event of Default. hereunder upon the happening of any of the Default"): (a) The County shall fail to or fail to pay any other sum hereunder when due, in either receipt of written notice of such failure; or (b) The County shall fail to condition or covenant of this Contract or shall contained; or (c) reorganization or similar litigation shall be instituted custodian or similar officer shall be appointed for the proceedings or appointments shall not be vacated or thereof; or or statement made by the County herein or in any connection herewith is found to be incorrect or date made; or (e) or execution of a security interest or lien, except for the lien and security or any encumbrances permitted by Section 5.3, is levied upon or with respect to 11.2. Subject to Section 13 hereof entitled "Limited Obligation of the County," upon the occurrence of any Event of Default, the Lender may exercise anyone or more of the following remedies as the Lender in its sole discretion shall elect: (a) Declare the entire principal amount of the Installment Payments and all accrued interest and other charges immediately due and payable without notice or demand to the County; (b) Proceed by appropriate court action to enforce performance by the County of the applicable covenants of this Contract or to recover for the breach thereof; 14 212 (c) Exercise all the rights and remedies of a secured party or creditor under the general laws of the State of North Carolina with respect to the enforcement of the security interest granted or reserved hereunder or under the Deed of Trust; (d) Take possession of any proceeds of the Property, including Net Proceeds; or (e) Pursue any other remedy available at law or equity to the Lender. 11.3. Further Remedies. All remedies of the Lender and may be exercised concurrently or separately. The exercise of anyone not be deemed an election of such remedy or preclude the exercise of any other agrees to pay to the Lender all court costs and reasonable attorney fees Lender in enforcing the Lender's rights and remedies under this Contract. SECTION 12. ASSIGNMENT 12.1. Assignment by the County. The pledge or otherwise encumber or suffer a lien Contract or the Property (except for the lien and Section 5.3) without the Lender's prior consent. time and from time to including, without to Lender hereunder or made by the Lender or any or rights than those held by or its assignees may assign or reassign all or of any partial interest through in this Contract, or making this Contract the LGC, so long as such assignment or or similar institution or any other entity purpose of issuing certificates of participation or undivided interest in the Contract, provided such company or similar financial institution or other entity the foregoing, unless to an affiliate controlling, controlled hy control the Lender, no assignment or reassignment of the Lender's shall be effective unless and until the County shall receive notice of such or reassignment disclosing the name and address of each such assignee. (b) The County further agrees that the Lender's interest in this Contract may be assigned in whole or in part (subject to the limitations on assignment contained in Section 12.2(a)) upon terms which provide in effect that the assignor or assignee will act as a collection and paying agent for any holders of certificates of participation in this Contract, provided the County receives notice of such assignment and such collection and paying agent covenants and agrees to maintain for the full remaining term of this Contract a written record of each assignment and reassignment of such certificates of participation. 15 213 (c) The County agrees to execute any document reasonably required in connection with any assignment. Any assignor must provide notice of any assignment to the County and the LGC, and the County shall keep a complete and accurate record of all assignments as required by the Code. After the giving of any such notice, the County shall thereafter make all payments in accordance with the notice to the assignee named therein and shall, if so requested, acknowledge such assignment in writing, but such acknowledgment shall in no way be deemed necessary to make the assignment effective. (d) The Lender represents and warrants that it is federal and North Carolina legislation, rules and regulations as to limitations upon the of securities that have not been registered under the Securities Act of 1933, as that it is making the Advance for its own account and has no present intention of or other distribution of this Contract in violation of such legislation, rules or represents that it is familiar with the operations and fmandal condition upon information furnished to the Lender by the County, and has appropriate in connection with the Advance. SECTION 13. LIMITED OBLIGATION OF BE CONSTRUED OR AND CREDIT OF THE DEBT LIMITATION. INTERPRETED AS NOR AS A DONATION THE MEANING OF THIS CONTRACT CONTINGENTLY OBLIGATE THE APPROPRIATED IN THE SOLE IN WHICH THIS CONTRACT OR REFUSAL BY THE COUNTY IN THE FAILURE BY THE COUNTY TO WILL IN NO WAY OBVIATE THE OF DEFAULT RESULTING FROM SUCH JUDGMENT MAY BE RENDERED AGAINST THE BREACH OF A CONTRACTUAL OBLIGATION UNDER THIS TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS THIS CONTRACT. No provision this Contract shall be construed to pledge or to create a lien on any class or source of the County's moneys other than monies in the Escrow Fund created pursuant to the Escrow Deposit Agreement. To the extent of any conflict between this Section and any other provision of this Contract, this Section shall take priority. SECTION 14. TAX-EXEMPT INTEREST 16 214 14.1. Intent of Parties. It is the intention of the parties hereto that the interest portion of the Installment Payments paid by the County to the Lender under this Contract shall be tax- exempt under Section 103 of the United States Internal Revenue Code. 14.2. Determination or Event of Taxability. If at any time there is a Determination of Taxability or Event of Taxability, as such terms are hereinafter defined, the principal portion of the indebtedness of the County to the Lender which is represented by the Installment Payments shall, from and after the Date of Taxability, as hereinafter defined, bear interest at the Prime Rate, as the Prime Rate fluctuates from time to time, plus one (1 %) per annum (the "Alternative Rate of Interest") payable from the Date of In such event, the County also shall be required to pay to the Lender all any, which may be necessary to reimburse the Lender for any interest, charges assessed by the Internal Revenue Service and the Department of Revenue Carolina against the Lender by reason of the Lender's failure to of the Installment Payments (hereinafter called "Interest") in its gross Installment Payment amounts under this Contract shall be rate and additional interest as a result of said rate paid to the Lender upon demand therefore. The the calculated at the above-mentioned Alternative Rate of Interest any transfer by the Lender or payment or prepayment by the to the date of Taxability was made. An Event of Taxability shall mean resulting from an action, or failure to act, by the County, the the interest portion of the Installment Payments to in the Lender for federal income tax purposes. A shall the Interest is included in gross income of which determination shall be deemed to have been made of the following: (a) the date on which the Lender is or any District Director of the Internal Revenue or failure to act, by the County, the Interest is income tax purposes; (b) the date on which the Lender has been advised (i) in writing that the notice of deficiency or similar notice to the Lender which the Lender is included in the gross income of the Lender as a result of an action, or failure to act, by the County, or (ii) by an by the Lender which concludes, in effect, that Interest is included in the the Lender for federal income tax purposes as a result of an action, or failure to act, by (c) the day on which the County is advised in writing by the Commissioner or Director of the Internal Revenue Service that there has been issued a public or private ruling of the Internal Revenue Service that the Interest is included in the gross income of the Lender for federal income tax purposes as a result of an action, or failure to act, by the County; or (d) the day on which the County is advised in writing by counsel to the Lender that a final determination, from which no further right of appeal exists, has been made by a court of competent jurisdiction in the United States of America in a proceeding with respect to which the County has been given written notice and an opportunity to participate and defend that the Interest is included in the gross income of the Lender for federal income tax purposes, as a result of an action, or failure to act, by the County. 17 215 The Date of Taxability shall mean the first date upon which Interest is included in the gross income of the Lender for federal income tax purposes as a result of an Event of Taxability or a Determination of Taxability. 14.3. Duty to Notify the Lender. The County agrees to give prompt written notice to the Lender upon the County's receipt of any oral or written notice or information from any source whatsoever to the effect that an Event of Taxability or a Determination of Taxability or Change in Deductibility has occurred. SECTION 15. MISCELLANEOUS 15.1. Waiver. No covenant or condition of this be waived except by the written consent of the Lender. Any failure of the Lender performance by the County or any waiver by the Lender of any terms, herein shall not be construed as a waiver of any other breach of the or condition herein. 15.2. Severability. In the event any to be invalid under any applicable law, such provision shall of this Contract shall continue in full force 15.3. Governing Law. This and enforced in accordance with the laws of the State of 15.4. Notices. other communications given under or in only if in writing and either personally delivered United States mail, postage prepaid, return receipt recipient as described below, and shall be deemed to be it was deposited in the United States mail or on the earlier. Government Center Drive, Suite 165 North Carolina 28403 Avril Pinder, Finance Director Lender's Address: SunTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, Suite 700 Towson, Maryland 21286 Attn: Michael J. Powers, Senior Vice President 15.5. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Contract. 18 216 15.6. Entire Contract. This Contract, together with the Exhibits and attachments hereto, constitutes the entire Contract between the parties and this Contract shall not be modified, amended, altered or changed except by written agreement signed by the parties. 15.7. Binding Effect. Subject to the specific provisions of this Contract, this Contract shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 15.8. Time. Time is of the essence of this Contract and each all of its provisions. 15.9. Execution in Counterparts. This Contract may in any number of counterparts, each of which shall be an original and all of but one and the same instrument. 19 217 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. NEW HANOVER COUNTY By: Title: COUNTY MANAGER (SEAL) Attest: This instrument has been pre-audited and Fiscal Control Act. Avril Pinder, Finance Director 218 EXHffiIT A PROJECT DESCRIPTION NEW HANOVER COUNTY PROJECT DESCRIPTION ATTACHED HERETO AS EXHffiIT A, INCORPORATED HEREIN BY REFERENCE New Hanover County Project Descriptions Murravville Fire Station A fire station is being requested in the meet the demands of anticipated population 15,554 square foot, 3-bay building beginning in March 2008. Airport Improvement Project In 2003, the County adopted the which authorized funding for terminal building 'Wo parts: the terminal and the Customs Building. The will repay the County over 20 years the has been completed and a new to begin by spring of 2008. with funding provided by the Airport of Wilmington and Cape Fear Community in 2005. The project is estimated to cost 10.1 agreed to allocate $3.1 million and 15 acres of land City the remaining balance. The County's portion of Diverge usage of the facility by fire, EMS, law enforcement, projected. Construction began in summer of 2007 and it is within 12 to 14 months from notice to proceed. Two tracts of approximately 97.82 acres adjacent to the County jail are available for $5,388,100. Acquisition of these parcels will facilitate future jail expansion and judicial satellite facilities. A-I 219 EXHIBIT B PAYMENT SCHEDULE Installment Financing Contract Date: April 7, 2008 County: New Hanover Loan Amount: $15,938,066.00 Interest RatelPayment Terms (Mark One) Fixed Rate is 4.06 on the herein. The Lender in thirty-six (36) semi for thirty (30) periods September 1, 2008, and COUNTY, NORTH CAROLINA A-2 220 EXHIBIT C INCUMBENCY AND AUTHORIZATION CERTIFICATE In connection with the execution and delivery by the County of New Hanover, North Carolina (the "County") of an Installment Financing Contract dated ApriL7, 2008 (the "Contract") with SunTrust Equipment Finance & Leasing Corp., I, Sheila L. Schult, do hereby certify that I am the duly appointed Clerk of the County of New Hanover, North Carolina, a municipal corporation existing under the laws of the State of North Carolina, and that I custody of the official minutes and other pertinent records of that body. I further certify that: (1) As of the date of this certificate, the and acting incumbents of their respective offices of books and corporate records. (2) The County is a political all times since its establishment the County has continually by the Constitution and laws of North Carolina. (3) The persons named below the governing body of County passed in a regular meeting held deliver on behalf of the County the Contract to evidence the with the construction of the Project (as defined in and instruments required and contemplated by all of the foregoing, all under and pursuant to the the General Statutes of North Carolina, as amended. Such called and held on such date, at which meeting a quorum was Such resolution has not been amended, rescinded, force and effect. on the date or dates of the execution of the Contract the duly elected and qualified incumbents of the of their respective names and the signatures appearing at genuine signatures: opposite the names and positions of the persons named below are signatures. Name Position Signature Bruce Shell County Manager Avril Pinder Finance Director (6) The seal of the County is the same seal of which an impression appears below and on the Contract. G-C-I 221 (7) No litigation of any kind is now pending or, to the best of my information, knowledge and belief, threatened to restrain or enjoin the execution or delivery of the Contract or the Deed of Trust, or in any manner questioning the proceedings and authority under which the Contract and the Deed of Trust have been executed and delivered, or affecting the validity of such documents. (8) The County has obtained the proper authorization to execute and deliver the Contract, the Deed of Trust and all related documents necessary to complete the transaction contemplated thereby. (9) Each of the Contract, the Deed of Trust and the Agreement has been duly authorized, executed and delivered by the County. authorization, execution and delivery of each such agreements by the Lender, each a legal, valid and binding agreement of the County enforceable with its terms. Such obligation does not constitute a pledge of the Carolina or of any county, County or other political rights and enforceability of the obligations of the otherwise affected by (a) bankruptcy, insolvency, affecting the rights of creditors generally and (b) in equity. There has been no material date of the last annual financial statement IN WITNESS and have affixed to it the seal of the County of day of April, 2008. Sheila L. Schult, Clerk G-C-2 222 EXHIBIT D [TO BE PLACED ON COUNSEL'S LETTERHEAD] OPINION OF COUNSEL OF COUNTY [Date] SunTrust Equipment Finance & Leasing Corp. 300 East J oppa Road, Suite 700 Towson, Maryland 21286 Re: Installment Financing Contract North Carolina (the "County") and Corp. (the "Lender") Weare acting as counsel to the County in delivery of the above-referenced Installment Financing Contract (the The County is entering the Contract to finance the construction of a , North Carolina (the "Project"). The County pursuant to the provisions of Section 160A-20 of the as amended (the "Act"). This opinion is being rendered to the of the County of under related thereto. In connection have reviewed (a) the Constitution and laws of the State of taken by the governing body of the County, authorizing the filing of an application Local Government Commission (the "LGC") , 2008 approving the Agreements (as (c) the form of the Contract, the Deed of Trust and _, 2008, the Escrow Deposit Agreement dated related thereto (collectively, the "Agreements"), as we have deemed appropriate. are of the opinion, as of the date hereof and under existing law, l. The is a municipal corporation duly existing under the Constitution and laws of the State. The County has all necessary power and authority to (a) undertake the Project, (b) adopt the Resolutions, and (c) enter into and perform its obligations under the Agreements. 2. Each of the Resolutions was duly adopted. 3. Each of the Agreements has been duly authorized, executed and delivered by the County. Assuming the due authorization, execution and delivery of any Agreement by the Lender, if required by the terms thereof, each such Agreement constitutes a legal, valid and P-D-I 223 binding agreement of the County enforceable against the County in accordance with its terms. Such obligation does not constitute a pledge of the faith and credit of the State of North Carolina or of any county, County or other political subdivision of the State, including the County. The rights and enforceability of the obligations of the County under the Contract may be limited or otherwise affected by (a) bankruptcy, insolvency, reorganization, moratorium or other laws affecting the rights of creditors generally and (b) principles of equity, whether considered at law or in equity. 4. The Project serves a public purpose for which may be expended pursuant to the Constitution and laws of the State. 5. All necessary public hearings relating to and the execution, delivery and performance of the Agreements by the duly conducted as required by applicable law. 6. To the best of my knowledge, all of all governmental entities and regulatory on the County's part to have been obtained or execution and delivery of the Agreements, the thereby and the acquisition of the including all been obtained pursuant to the Act Statutes, have been obtained and are in required permits, consents, approvals, 7. There is proceeding to which the County (or any that is pending or, to the best of my knowledge with respect to (a) the County's organization or deliver the Agreements or adopt the Resolutions or to validity or enforceability or any of the (d) the title of the County officers who or relating to the County's adoption of the of any of the Agreements, or (1) the undertaking of the the Resolutions. are subject to the following qualifications and limitations: (a) of the Contract will be subject to bankruptcy, insolvency and other laws rights generally. To the extent that remedies under the Contract require enforcement court of equity, the enforceability thereof may be limited by such principles of equity court having jurisdiction may impose. (b) Pursuant to the Act, no deficiency judgment may be rendered against the County in the event of a breach by the County of its obligations under the Contract, including its obligation to pay the Installment Payments under the Contract, and the taxing power of the County is not pledged, and may not be pledged, to pay any obligation of the County under the Contract. :9-D~2 224 (c) Under North Carolina law, the recovery of attorneys' fees is limited by and subject to the procedures and limitations set forth in Section 6-21.2 of the General Statutes of North Carolina, as amended. (d) We have assumed for purposes of all of our opinions contained herein that the Lender will exercise its rights under the Contract in good faith and in a commercially reasonable manner. This opinion is for the sole benefit of the Lender and any of the Contract and may not be relied upon by any other person without our prior :9-D- 3 225 EXHffiIT E CONTINUOUS INSURANCE COVERAGE DECLARATION Installment Financing Contract Dated: _,2008 County: Address: Attn: Finance Director Lender: SunTrust Equipment Finance & Leasing 300 East loppa Road, Suite 700 Towson, Maryland 21286 Insurance Co: Policy #: Agency: Phone: Whereas, the County has entered with SunTrust Equipment Finance & Leasing Corp. construction of a new located at Carolina ("Project") and insurance coverage is interest in the Property (as defined in the coverage on the Property with the above designated its selection during the term of financing. If coverage is not the collateral is uninsured, the County agrees to can be accomplished by the mutual agreement interest may be paid in full in satisfaction of the Contract. to its original condition or replaced with equal value * or substitution of collateral satisfactory to the Lender is acquired expense. The County pledges to notify the Lender of a loss in whole or in part within ten (10) days of any loss and agrees to cooperate with the Lender in obtaining insurance proceeds or through indemnification for any losses. The County further certifies that the County takes full responsibility of notifying the insurance agencylcompany and maintaining continuous coverage on the collateral. B-E-l 226 WILMINGTON, NORTH CAROLINA By: B-E-2 227 This page intentionally left blank. 228 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 14 Estimated Time: Page Number: Department: Engineering Presenters: Dennis J. Ihnat and David Weaver Contacts: Dennis J. Ihnat and Jim Iannucci SUBJECT: Consideration of Text Amendments to New Hanover County Storm Water Ordinance BRIEF SUMMARY: Watermark New Hanover Limited Partnership has submitted a proposed text amendment to the New Hanover County Storm Water Ordinance, Section 23-439. The proposed text amendment, current New Hanover County Stormwater Ordinance Section 23-439, and staff analysis is attached. The effect of the proposed text amendment would be to allow a surety to be posted in lieu of installing the required storm water improvements, thereby allowing the sale of individual lots prior to the installation of any stormwater improvements that are intended to adequately protect the subjected property and surrounding properties from adverse drainage impacts. It is critical to note, as discussed in more detail in the attached materials, that the Board recently adopted a subdivision text amendment that allowed developers to increase the bond amount of improvements, such as roads and water and sewer utilities, from $100,000 to $8,000,000. The proposed amendment in this agenda item would also allow drainage improvements to be similarly bonded. Drainage improvements, however, must be in place prior to moving forward with the development in order to minimize potential impacts downstream, such as flooding existing residences. The current ordinance states in section 23-439 that "A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements." The engineer signs and seals a certification that states that the "work has been completed in accordance with the latest New Hanover County Ordinances and Storm Water Design Manual and the Authorization to Construct." This ensures that the design engineer has supervised the work and that the proposed lots as well as surrounding properties will be protected. County staff has worked diligently to ensure all Stormwater, Sedimentation and Erosion Control and Tree Permits are in place prior to land disturbing activities in order to protect the public as well as prevent or reduce inappropriate or unnecessary grading. Ensuring that sufficient stormwater control measures are in place (permanent or temporary) prior to further development will uphold our dedication to protect surrounding properties. The Stormwater Ordinance allows a surety to be posted for the remaining required stormwater improvements. Article VI, Section 65, of the Subdivision Ordinance states: "When the requirements of this ordinance conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of New Hanover County, or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern." During discussions with the attorney representing the Petitioner, staff has become aware that the wording in the current Stormwater Ordinance regarding recording final plats is not required in the Stormwater Ordinance. Recording final plats is appropriately addressed in the Subdivision Ordinance. The Petitioner's proposed revision of the Stormwater Ordinance also includes this unnecessary reference. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board deny approval of the text amendment proposed by the Petitioner and approve the text amendment proposed by staff. 229 FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved. ATTACHMENTS: ~ S tormwater Surety T e~t Amendmetlt Ca~e doc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider amendments. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 230 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 03/10/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance PETITIONER: WATERMARK NEW HANOVER LIMITED Partnership REQUEST: Petitioner requests modification of the New Hanover County Stormwater Management Ordinance, Section 23-439, to read: Section 23-439 Final plat and/or certificate of occupancy (a) Final Plat. The county shall not allow final plats to be recorded for any projects until the county has accepted the construction completion certification required in Section 23-438 of this Storm Water Management Ordinance, or until a surety has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance. (b) Certificate afOccupancy. The county shall not allow certificates of occupancy to be issued for any occupiable structures within development projects until the county has accepted the construction completion certification required in Section 23-438 of this Storm Water Management Ordinance, or until a surety has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance. Notwithstanding the foregoing, certificates of occupancy cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified by the design professional as being sufficient to protect (1) the proposed occupiable structure(s), and (2) the proposed Required Improvements identified in Section 52-5 of the New Hanover County Subdivision Ordinance and specifically described in the design and construction plans submitted to the county and other appropriate State and local agencies by the owner or sub-divider as required in Section 20-2 of the New Hanover County Subdivision Ordinance. BACKGROUND At your meeting on October 1,2007, the Board of County Commissioners approved a text amendment to the Subdivision Ordinance that raised the "Surety Limit" for required improvements in accordance with the provisions of the Subdivision Ordinance from $100,000.00 to $8,000,000.00. It did not change the criteria for improvements covered by such sureties. Page 1 of5 231 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 03/10/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance The Subdivision Ordinance, Section 52-5, addresses Surface Water Drainage, stating that "All drainage construction within the area of the proposed subdivision shall be reviewed by the County Engineer for conformance with New Hanover County's Storm Water Management Ordinance and Design Manual. The Subdivision Ordinance, Article VI, Section 65, titled "Conflict" states: "When the requirements of this ordinance conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of New Hanover County, or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern." The current Stormwater Ordinance states that "A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements." (Emphasis added.) Discussions with the attorney representing the Petitioner indicate that the intent of this proposed revision to the Stormwater Ordinance is to allow a subdivider to provide a financial guarantee in lieu of constructing or installing any stormwater improvements. The current Stormwater Management Ordinance reads: Sec. 23-439. Final plat and/or certificate of occupancy. The county shall not allow final plats to be recorded and certificates of occupancies to be issued for any projects until the county has accepted the construction completion certification, or until a surety in the form and amount acceptable to the county has been posted by the owner. A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements. Certificates of occupancies cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified as being sufficient to protect the proposed improvements by the design professional. The surety is not to exceed 110 percent of the cost of the temporary and/or permanent facilities covered within this article and approved within the authorization-to-construct. To assist in reviewing the specific changes proposed in the Petitioner's request, please see the following "track-changes" version ofthe proposed ordinance revision. Page 2 of5 232 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 03/10/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance Mark-up of current Stormwater Ordinance showing changes proposed by Petitioner: Sec. 23-439. Final plat and/or certificate of occupancy. (a) Final Plat. The county shall not allow final plats to be recorded and certificates of occupancies to be issued for any projects until the county has accepted the construction completion certification required in Section 23-438 of this Storm Water Management Ordinance, or until a surety in the form and amotmt acceptable to the county has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance.. (b) Certificate of Occupancy. A surety '.vill not be accepted by the county until the county receives a certification by the design professional ,,,,hich indicates sufficient improvements have been completed '.vhich ,,,/ill adequately protect the proposed impro'/ements. Certificates of occupancies cannot be issued until temporary andior permanent drainage facilities have been installed and have been certified as being sufficient to protect the proposed impro'/ements by the design professional The county shall not allow certificates of occupancy to be issued for any occupiable structures within development projects until the county has accepted the construction completion certification required in Section 23- 438 of this Storm Water Management Ordinance, or until a surety has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance. The surety is not to exceed 110 percent of the cost of the temporary and'!or permanent facilities covered within this artiele and approved within the authorization to construct. Notwithstanding the foregoing, certificates of occupancy cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified by the design professional as being sufficient to protect (1) the proposed occupiable structure(s), and (2) the proposed Required Improvements identified in Section 52-5 of the New Hanover County Subdivision Ordinance and specifically described in the design and construction plans submitted to the county and other appropriate State and local agencies by the owner or sub-divider as required in Section 20-2 of the New Hanover County Subdivision Ordinance. Page 3 of5 233 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 03/1 0/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance STAFF COMMENTS Staff strongly opposes the proposed text amendment to the Stormwater Ordinance. Because of the topography, weather patterns, and proximity to environmentally sensitive wetlands and coastal waters, drainage and stormwater management in New Hanover County is of critical importance to our environment and to the health and welfare of our citizens. Drainage and storm water management is fundamental to the preparation of parcelsfor improvement in order to ensure that the parcel(s) being developed, surrounding parcels, and surrounding environmentally sensitive areas are protected from the effects of uncontrolled water movement Because of the fundamental nature of stormwater improvements, if sureties were to be allowed in lieu of constructing the required improvements, significant clarifications would have to be added to the Storm water Ordinance addressing the form, content and coverage of the sureties. Stormwater and drainage management designs often require redesign and modification based on actual site conditions encountered. If construction or installation of sufficient stormwater and drainage improvements to adequately protect the proposed improvements is not required prior to the sale of individual lots, such required modifications may not be possible, and could lead to County financial liability, adverse impact on our sensitive environment, and degradation to the health and welfare of affected citizens. City Stormwater and Planning staffs, County Planning staff and the County Inspections Department are in agreement with County staff regarding not allowing the complete bonding of stormwater improvements. The City currently has bonding limits set well below that of the new County limits. The City requires all but minor punch list items to be complete prior to approving a project. They require the stormwater system to be in place and only allow minor items such as site stabilization on a project to be bonded prior to continuing through the platting process. STORMW ATER TEXT AMENDMENT PROPOSED BY STAFF In order to remove the reference to final plat in the Stormwater Ordinance, and to clarify procedures for accepting stormwater improvements and sureties, the following text amendment to the Stormwater Ordinance is proposed. This will also more closely align the surety description in the Stormwater Ordinance with the language in the Subdivision Ordinance. Page 4 of5 234 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 03/10/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance To assist in the review of the changes proposed by staff to Section 23-439 of the Stormwater Ordinance, please see the following "Track Changes" version of the proposed text amendment. Sec. 23-439. Final plat Acceptance of Stormwater Improvements and Certificate of Occupancy Whether constructed in phases or as a single project, the +he county shall not accept the stormwater improvements for any project required by the Authorization To Construct (ATq until the county has verified accepted the construction completion certification, or until a surety in the form and amount acceptable to the county has been posted by the owner. A surety will not be accepted by the county until the county receives a and accepts a certification by the design professional which indicates sufficient stormwater improvements have been completed which will adequately protect the proposed development improvements and surrounding properties. The surety i-s-aet to exceed H-G shall be in an amount not less than 125 percent of the cost of administration and construction of the remaining stormwater improvements temporary and/or permanent facilities covered within this article and approved within the authorization to construct A TC. Certificates of occupancy cannot be issued until temporary and/or permanent drainage stormwater facilities have been installed and have been certified as being sufficient to protect the proposed development improvements and surrounding properties by the design professional. The final version of the text amendment proposed by staff, without mark-up, reads: Sec. 23-439. Acceptance of Storm water Improvements and Certificate of Occupancy Whether constructed in phases or as a single project, the county shall not accept the stormwater improvements required by the Authorization To Construct (ATe) until the county has verified the construction completion certification, or until a surety in the form and amount acceptable to the county has been posted by the owner. A surety will not be accepted by the county until the county receives a and accepts a certification by the design professional which indicates sufficient stormwater improvements have been completed which will adequately protect the proposed development and surrounding properties. The surety shall be in an amount not less than 125 percent of the cost of administration and construction of the remaining stormwater improvements covered within this article and approved within the A TC. Certificates of occupancy cannot be issued until temporary and/or permanent stormwater facilities have been installed and have been certified as being sufficient to protect the proposed development-and surrounding properties by the design professional. Page 5 of5 235 This page intentionally left blank. 236 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 15 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Consideration of Funding Request from Cape Fear Public Transportation Authority (Wave Transit) BRIEF SUMMARY: The Cape Fear Public Transportation Authority (Wave Transit) has submitted a request for additional funding from both the City of Wilmington and New Hanover County. The Transportation Authority is requesting $132,000 from the City of Wilmington. New Hanover County's portion of the funding request is $33,000 to assist with operating costs for the remainder of FY07-08. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider Cape Fear Public Transportation Authority's request that New Hanover County contribute $33,000 for the remaining current fiscal year (FY07-08). FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Cape Fear Public Transportation Authority funding request letter REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider request. COMMISSIONERS' ACTIONS/COMMENTS: A motion by Commissioner Pritchett to approve the funding from funds allocated for future capital needs failed for lack of a second. 237 wave Cape Fear Public Transportation Authority ~.~ P.O. Box 2258 · Wilmington, NC 28402. (910) 343.0106. 1910) 343-8317 fax. wavetransit.com .' '~:;I-~' RECE/VED'BY ~ IE ~IE~ W ~ ~ ALL COMMISSIONERS · .. FE B 2 6 2008 I February 14, 2008 NEW HANOVER CO, Dear City Council Members and County Commissioners, BD OF COMMISSIONERS The Cape Fear Public Transportation Authority is about to reach a major milestone in the reorganization of our route structure. This will make using public transportation much more efficient for our customers and will make providing quality service more economical. Our ridership has increased over 70% since the Authority was formed and is expected to increase even more with the new routes. The down side to this continuing growth is increasing costs. This fiscal year the Cape Fear Public Transportation Authority is projecting a shortfall of $265,000. The deficit is due primarily to funding reductions below the 2008 budgeted amount from the state and the city, fuel price increases beyond what were thought to be pessimistic projections, and wage increases for the bus operators resulting from an unexpected delay in the resolution of contract negotiations by our operations contractor. On the positive side, our passenger fare revenue is about $33,000 above our budgeted amount. The shortfall represents less than 4.5% of our annual budget, but statutes require that we end the fiscal year with a balanced budget. To offset a portion of this shortfall we are decreasing expenses by reducing service. Wave Transit will modify service on six fixed routes during off-peak hours from thirty-minute headways to one hour, operate the second downtown trolley only during peak hours, and delay reduction of Monkey Junction route headways. We estimate that these changes will save approximately $100,000 in operating costs during the remainder of FY 2008. We plan to maintain. this reduced service levet at least through the2009 fiscal year. These measures along with the route restructuring will help us attain a balanced budget for our next fiscal year, despite expected increases in fuel and contractor costs. We recognizing the financial difficulties faced by the City and County, however we have no choice but to ask the City of Wilmington for $132,000 and New Hanover County for $33,000 to make up the remaining shortfall for the current fiscal year. Our options are limited, since by federal statute we can not reduce service levels significantly or increase fares without first completing a lengthy public hearing process. Without additional local contributions or an independent revenue source to create a reserve fund, we lack financial flexibility (federal and state transit funds can 238 ~. only be used as reimbursement for direct expenses, not for reserves). The Cape Fear Public Transportation Authority was created as an authority with no independent source of funding and we continue to operate without a general fund or any type of reserves. it is extremely difficult to achieve a balanced budget at the end of any fiscal year because of the inherent uncertainty in our revenues and expenses. We have identified two possible independent revenue sources that would need the support of the City and County to gain state approval. A $5 annual license plate fee would generate approximately $865,000 per year, or a 4% car rental tax increase would generate approximately $800,000 per year. With the establishment of an independent source of funding as proposed, we could build reserves as a buffer for budget variances and also continue to improve transportation services for our growing population with less dependence on city and county contributions. We appreciate your consideration of our requests. We are available to discuss these alternatives or other means of resolving our budget shortfall at your convenience. Sincerely, Jeff Bellows Chairman, Cape Fear Public Transportation Authority Board of Directors 239 This page intentionally left blank. 240 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 16 Estimated Time: Page Number: Department: County Manager Presenters: Vice-Chairman William A. Caster and Donnie Hall Contact: David F. Weaver SUBJECT: Briefing on Potential Effort to Consider Consolidation of Fire Services between the County and City BRIEF SUMMARY: Very preliminary discussions have begun between County (Fire Services District) staff and City staff about the potential for consolidation of fire services. Consolidation would provide some obvious benefits such as more efficient location of stations and development of units to fight fires. Some obvious challenges, however, exist, such as continued effective use of the valuable volunteer base. Some factors indicate that this may be an opportune time for consideration of consolidation. These include the ongoing successful consolidation of water and sewer utilities and the upcoming vacancy of the City's Fire Chief position. Officials can continue to explore a possible process for consolidation and return to the Fire Services District and Board of Commissioners with a further update. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners listen to the update. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. There was consensus to discuss the consolidation of Fire Services with the Fire Commission and the City of Wilmington. 241 This page intentionally left blank. 242 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 17 Estimated Time: Page Number: Department: TAX Presenter: Avril Pinder Contact: Avril Pinder Item Does Not Require Review SUBJECT: Consideration of a Resolution to Advance the Next Countywide Revaluation in New Hanover County to Four (4) Years BRIEF SUMMARY: It is recommended that the next county wide revaluation begin immediately and take effect on January 1, 2011. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ,....,,, . -- - Re$Qlution Reva!utationG )-D42WS ~,2J,dQS ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 243 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, North Carolina General Statute 105-286 requires the Board of County Commissioners to adopt an effective date for the next countywide revaluation which must be conducted every eight years or sooner; and WHEREAS, the last countywide revaluation was effective on January 1, 2007; and WHEREAS, the Board of County Commissioners believes a four-year reappraisal to be in the best interest of the property owners of New Hanover County; and WHERAS, the Board of County Commissioners considers it to be prudent for staff to be directed to immediately begin preparation for the next revaluation. NOW, THEREFORE, the New Hanover County Board of Commissioners hereby resolves that the next countywide revaluation be effective on January 1,2011. ADOPTED this the 10lh day of March, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 244 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 18 Estimated Time: Page Number: Department: TAX Presenter: Avril Pinder Contact: Avril Pinder Item Does Not Require Review SUBJECT: Convene as Board of Equalization and Review BRIEF SUMMARY: The Board of County Commissioners may resolve to create a special Board of Equalization and Review to carry out the duties outlined in NCGS 105-322 pertinent to appeals of value. Among other statutory requirements they may authorize appellants to appeal from the special board to the Board of County Commissioners. Otherwise, the Commissioners sit as the Board of E&R no earlier than the first Monday in April and no later than the first Monday in May. The Board of E&R must convene to hear taxpayers who appeal the value of their property or appeal with respect to the listing and appraisal of property of others. The Board of County Commissioners usually convene as the Board of E&R. RECOMMENDED MOTION AND REQUESTED ACTIONS: Convene as the Board of Equalization and Review in order to schedule the first meeting on May 5, 2008, at the 5:30 p.m. meeting in the New Hanover County Historic Courthouse, 24 N. Third Street, Room 301. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Convene as the Board of Equalization and Review to schedule meeting. COMMISSIONERS' ACTIONS/COMMENTS: Convened at the Board of Equalization and Review and scheduled the meeting as requested 5-0. 245 This page intentionally left blank. 246 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Regular Item #: 19 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila Schult Item Does Not Require Review SUBJECT: Committee Appointment BRIEF SUMMARY: A vacancy exists on the Library Advisory Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Committee Information Sheets and Application ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointment. COMMISSIONERS' ACTIONS/COMMENTS: Bettie H. Harrison was appointed to the Library Advisory Board. 247 COMMITTEE APPOINTMENTS LIBRARY ADVISORY BOARD 1 Vacancy - Unexpired Term (Expiring 8/31/09) ELIGIBLE FOR APPLICANTS: REAPPOINTMENT Bettie H. Harrison Attachments: Committee Information Sheets Applications 248 NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Number of Members: 12 Term: three years Qualifications: see page 3, Item B, 1-8 of Library Board by-laws. Regular Meetings: Third Thursday each month at 2:30 p.m. at the Library. Statute or cause creating Board: Policy for the Governing and Operation of the Library. Brief on the functions: to develop necessary policies for the efficient and responsive operation of the County's public library system. Also responsible for making recommendations to the County Manager and County Commissioners concerning the operating and capital needs of the library. Board members are expected to actively promote the library's service program; keep abreast with trends in public library development and to work for the continued improvement of library services offered by the County. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Elizabeth W. Bryan First 8/15/05 8/31/08 1113 Country Club Road Wilmington, NC 28403 763-7491 (H) Kemp Magnus Burdette Unexpired 10/15/07 8/31/08 116 Keaton Avenue Wilmington, NC 28403 264-8036 (H) 762-4744 (W) ~ ~~I Unexpired 4/18/05 8/31/09 3714 Gr am Court First 8/14/06 Wilm' ton, NC 28409 'jn{o"A 3 -0822 (H) Mary E. Hatcher First 8/13/07 8/31/10 1905 E. Lake Shore Drive Wilmington, NC 28401 762-7259 (H) Tami Davis Hinshaw Unexpired 10/15/07 8/31/09 1506 Bexley Drive Wilmington, NC 28412 392-7546 (H) 612-6956 (C) Eleanore L. Lipscomb-Warren First 9/15/03 8/31/06 612 Linksider Drive, Unit F3 Second 8/14/06 8/31/09 Wilmington, NC 28413-3414 452-9182 (HIW) 249 LIBRARY ADVISORY BOARD (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION H. Conrad Luhmann First 8/16/04 8/31/07 4324 Prescott Court Second 8/13/07 8/31/10 Wilmington, NC 28412 799-2139 (H) Frank J. Oddo First 9/15/03 8/31/06 8312 Sidbury Road Second 8/14/06 8/31/09 Wilmington, NC 28411 686-4281 (H) Jacqueline O'Grady First 4/18/05 8/31/08 708 Wild Dunes Circle Wilmington. NC 28411 686-0148 (H) Jennifer Lynn Rohler First 8/13/07 8/31/10 1817 Market Street Wilmington, NC 28403 233-9849 (H) Elizabeth Stanfield-Maddox First 3/25/02 8/31/05 2910 Park Avenue Second 8/15/05 8/31/08 Wilmington, NC 28403 762-5151 (H) Paul D. Walker First 8/16/04 8/31/07 4924 Park Avenue Second 8/13/07 8/31/10 Wilmington, NC 28403 791-3438 (H) 452-1511 Director: David Paynter 10/07 New Hanover County Library File: /Library 201 Chestnut Street B/C #17 Wilmington, NC 28401 798-6301 (Info) 798-6309 (Adm.) 250 New Hanover County 230 Government Center Drive Board of Commissioners COMMITTEE APPUCATION Suite 175 Wilmington, NC 28403 Telephone: (910) 798-7149 Fax: (910) 798.7]45 Name: Home rtg11 Address: C Mailing Address if different: E-Mail Address: bf'1+'eh@ ec-. -r-r- # U:nrI Home Phone: to 2 fa . 4 q 51- Fax: ro f5 ~ -.J.. 'f5 t"J;J.. Celt: j;:Jj) -1.J-:L'j Business: Male: Female:X- Race: Cd 11("/1 .J 1.~ Age: h f- (Information for the purpose of assuring a cross section of the community) Employer: (A p....o urrently employed by tbe agency or department for which this .ppliearion is made.. must resign his/her position witb New Hanover Count)' upon appointment, in 8c-cordance with Article VI, Section 4 oftbe New Hanover County Personnel Policy,) Occupation: R~ J fA La~J )of~ Professional Activities: ;) 5(j, Conflict of 'at rest' If a board member believes he I she has a conflict 0 potential conflict of intel' t on a particular issue, that member should state this beliefta the othe members of his I her respectlv board during a public meeting. The mem er should state the nature of the conflict, detailing that he/she has a separate, private or monetary interest, eitherdireef or indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter What areas of concern would you like to see addressed by this committee? LiJ ~ ftJ.J P ('vi D crn..t. c: OVI CVUL , .JJ ~;L { Mi {Y'fit rut-f- i hat tN (~~h){v1ffj).'CV1 svuJiCQ fu ~ DJ1CrV;'luJ ill , Qualifications for serving: u+ - iO-do:l:.tL - lUtd 4; i b(e -+0 fu p.u1ili.c.., . .; t1MA ti ~ hPlOA~JJr.Q QLLv,I1.},.l'a.J./- t.udJ; a...MLCJr:b~ J, iJ ~dcm. Y-L.. p We~1trn. cT W<A"-4 boa>.d z 1i'it ~U"" Other municipal or county boards/committees on which you are serving: 10 .i.ti0 C!7YI, I JJ011 e.. List three local personal references and phone numbers: 1. IYJJt~. M 4Jr.1vu0iUUF c2 5~ -u/9 d.. 2. Mft. Ij6v10- rpvr - 8p~ 1/ fog h - 51 ? / 3'/Yfn 7f::!J :Lw-1,/YMCUjVU ~ :;~ Date: A:;.-Lc?,:~i~/!.fik fOT 18 month. Signature: & . .:, . . . xJ ~ru~ IE ~ WJ IE ~ FEB 2 8 2008 NEW HANOVER CO BO. or COMMISSIONERS 251 This page intentionally left blank. 252 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 6:35 p.m. 1. Non-Agenda Items (limit three minutes) 6:40 p.m. 2. Approval of Minutes 255 6:45 p.m. 3. Briefing on Proposed Water Use Policies 257 6:55 p.m. 4. Adoption of Ordinance for Budget Amendment 2008-97 for a Cooperative 259 Regional Water and Sewer Project with the School Board Adjacent to the Holly Shelter Road School Site 7:10p.m. 5. Consideration of Award of Contract for Pump Station #77 (Westwood) Force 261 Main Improvements Capital Project 7:25 p.m. 6. Consideration of a Resolution to A ward Ogden Park Well Head Construction 263 Work 253 This page intentionally left blank. 254 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the February 18, 2008 Water and Sewer District regular meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 255 This page intentionally left blank. 256 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Mike Richardson Contact: Dennis J. Ihnat SUBJECT: Briefing on Proposed Water Use Policies BRIEF SUMMARY: City and County staff met with representatives from landscaping companies, pool companies, and other industries in an effort to identify and propose common water use policies for water emergency stages, and align them with State water emergency stages. Mike Richardson, City Superintendent of Water Treatment, briefed City Council at their meeting on March 4, 2008. He is available today to provide an overview of the guidelines developed by the working group and an update on City Council actions on this topic. RECOMMENDED MOTION AND REQUESTED ACTIONS: No recommendation or requested actions at this time. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 257 This page intentionally left blank. 258 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis Ihnat Contact: Dennis Ihnat SUBJECT: Adoption of Ordinance for Budget Amendment 2008-97 for a Cooperative Regional Water and Sewer Project with the School Board Adjacent to the Holly Shelter Road School Site BRIEF SUMMARY: On November 5, 2007 the District Board approved an Interlocal Agreement with the School Board to cooperate in the construction of a new water tower and regional sewer pumping station adjacent to the school site. The cost is anticipated to be $5,963,690, with the schools contributing the cost of design and construction administration ($706,310), plus a portion of the construction costs ($1,043,690), for a total of $1,750,000. The School Board will pay the sum of $706,310 directly to the architect. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for budget amendment 2008-97. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ 2W~-971-1-5.0S.dSls REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 259 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-97 BE IT ORDAINED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-97 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Water & Sewer Capital Projects Department: Engineering Exnenditure: Decrease Increase Construction of Regional Water & Sewer Utilities $5,963,690 Total $5,963,690 Revenue: Decrease Increase School Board Construction Financing $1,043,690 Installment Loan Proceeds $4,920,000 Total $5,963,690 Section 2: Explanation To establish the budget for the regional pump station, sewer lines, water lines, and a water tower on or adjacent to the Holly Shelter Road site. The School Board is contributing the cost of design and construction administration ($706,310), which they will pay. In addition, they are contributing a portion of the construction costs ($1,043,690). Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-97 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section 1.150-2 of the Treasury Regulations, the County may reimburse itself from the proceeds of any future debt to be hereinafter incurred by the County for this project. Adopted, this day of ,2008. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 260 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Water & Sewer Item #: 5 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis J. Ihnat Contact: Dennis J. Ihnat SUBJECT: Consideration of Award of Contract for Pump Station #77 (Westwood) Force Main Improvements Capital Project BRIEF SUMMARY: The Pump Station # 77 Alternate Force Main Capital Project was established by the Board on December 3, 2007 and advertised for bids in early January. Pump Station 77 currently discharges to the Southside WWTP via the Bradley Creek Pump Station and the Northeast Interceptor (NEI). This alternate force main will allow flow to be diverted to the Ogden Interceptor and conveyed to the Northside WWTP. The purpose of this diversion is to reduce wastewater flow through the NEI and provide flow management options based on capacity at both treatment facilities. The Engineer's Opinion of Probable Construction Cost, developed by McKim and Creed, was $855,000. The Pre-Bid meeting was held on January 31 st, and the formal Bid Opening was conducted on February 14th. A total of six bids were opened during the bid opening. Per the attached bid tabulation sheet, the apparent low bidder is Colt Contracting with a low bid of $615,440.00. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the contract award to Colt Contracting in the amount of $615,440.00, and authorize the Chairman of the Water and Sewer District to execute the contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds are appropriated in the General Water and Sewer Capital Project, account # 89500000-800700-CP421. ATTACHMENTS: ~ ........ - -- We$twood LiU Slalion New Force Main Bid Anal~ni$ (2).doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 261 PUMP STATION 77 (WESTWOOD) NEW FORCE MAIN BID ANALYSIS FEBRUARY 14.2008 BIDDER BID AMOUNT COLT CONTRACTING $615,440.00 T. A. LOVING COMPANY $654,070.00 PAUL HOWARD CONSTRUCTION COMPANY $676,020.00 R. H. MOORE COMPANY, INC. $745,870.00 STATE UTILITY $837,680.00 PIPELINE UTILITIES $896,666.40 262 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/10/08 Water & Sewer Item #: 6 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis J. Ihnat Contact: Dennis J. Ihnat SUBJECT: Consideration of a Resolution to Award Ogden Park Well Head Construction Work BRIEF SUMMARY: New Hanover County is experiencing a drought. Water use exceeded the 12-hour pumping standards in the NHC Water System in May 2007, resulting in mandatory Stage 2 water use restrictions. To address this situation, the Board took action to expedite construction of three well sites that are included in the Water Treatment Plant and Well Field Capital Project. These wells will increase system capacity and provide potable water before the Water Treatment Plant is completed in 2009, and then provide raw water to the plant as part of the new Well Field. As previously discussed, well head construction is a separate project within the capital project that follows well drilling, development and testing. We are now ready to permit and construct this "above ground" portion, or "well head" for wells M, N, and O. Due to the contractor's construction delays at Wells M and N, we are requesting an expedited contracting process in order to bring these wells online in July. It is necessary to pre-purchase long lead time materials (generators, variable frequency drive pump controls, and pre-cast chlorination buildings). Since the second contractor has successfully expedited construction of Well 0, we intend to include these three well sites in this well head construction contract. Competitive bids will be requested for the remaining well heads once well development and testing is complete at those sites, expected to be this spring. State Utilities was the successful bidder to construct raw waterlines for the wells in Ogden Park and completed that work successfully and on time. I n order to expedite construction of the three well heads in Ogden Park, staff has negotiated a contract modification with State Utilities to complete the three well heads by July 15, 2008. The exact amount of the negotiated change order will be given to the Board before the Monday meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to award this work to State Utilities by change order to their current competitively awarded contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Wellfield and Water Treatment Construction ATTACHMENTS: ~ ........ - -. - 2WE!{}31D Re$olulion 'Nelihead$ M Nand O.dQS 263 REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 264 A RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, any potential shortage of potable water constitutes an emergency impacting the health and safety ofthe people of New Hanover County and their property; and WHEREAS, immediate construction of three wells heads in Ogden Park would make additional necessary potable water available on or around July 2008, rather than the original planned date of September 2009; and WHEREAS, a change order to the existing contract of State Utilities, a contractor already mobilized and working in the Ogden Park area, would expedite construction of the three well heads. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners, given the public health emergency posed by potential water shortages for the spring and summer 2008 season, authorizes a change order to the existing State Utilities contract, pursuant to the provisions of North Carolina General Statutes 143-129 (e)(2). ADOPTED this the lOth day of March, 2008. NEW HANOVER COUNTY WATER AND SEWER DISTRICT William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District 265 266