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Agenda 2012 09-04New Hanover County, North Carolina ak 0 - - m arw-- 6iM September 4, 2012 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN JASON R. THOMPSON, COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD %ad SEPTEMBER 4, 2012 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) NON - SECTARIAN INVOCATION (Reverend Angela Clark, St. Stephens A.M.E. Church) PLEDGE OF ALLEGIANCE (Vice - Chairman Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Constitution Week Proclamation 3. Approval to Donate Expired Dental Supplies to Cape Fear Community College 4. Approval of NHC Board of Education Capital Outlay Fund Budget Amendment #10 and Capital Outlay Fund Budget Amendment # 1 5. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 6. Introductions of Public Affairs Manager Carey Disney Ricks and Strategy and Policy Manager Beth Schrader 6:20 p.m. 7. Consideration of Literacy Awareness Month and International Literacy Day Proclamation 6:25 p.m. 8. Consideration of National Alcohol and Addiction Recovery Month Proclamation 6:30 p.m. 9. Consideration of a Beach Renourishment Memorandum of Agreement for Carolina Beach and Kure Beach 7:00 p.m. 10. Public Hearing Rezoning Request (Z -922, 08/12) - Request by Tom Tucker to Rezone 11.67 Acres at 7740 Market Street and 115 Amaryllis Drive from B -2 Highway Business to CD(R -10) Conditional R -10, Residential 7:40 p.m. ll. Public Hearing Road Closing (SC -92, 07/12) - Request by the Cape Fear Public Transportation Authority to Close a Portion of Division Drive Located Between the 1500 Block of Castle Hayne Road East to the Ramp of Martin Luther King Jr. Parkway PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 8:10 P.M. 12. Presentation of Negotiated Contract with Covanta for the Retrofit of, and 20- Board of Commissioners Meeting 09/04/2012 year Operation of, the Sustainable Energy Facility (SEF) 9:10 P.M. 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:20 p.m. 14. 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. Board of Commissioners Meeting 09/04/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Meeting held on August 20, 2012 Work Session held on August 20, 2012 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of Constitution Week Proclamation BRIEF SUMMARY: Lynn Benson from the National Society Daughters of the American Revolution has requested the Board to recognize September 17 -23, 2012 as Constitution Week in New Hanover County. She requested that the proclamation be mailed to her if adopted. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Request Letter Constitution Week 2012 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 2 -0 RECEIVED AUG 14 2012 NHC BOCC August 9, 2012 New Hanover County Commissioners 230 Government Center Drive Wilmington, NC 28403 Commissioners, On behalf of the Wilmington Ladies Tea Walk Chapter, National Society Daughters of the American Revolution, Lynn Benson, Constitution Week Chairman, would like to respectfully request that a proclamation be granted honoring September 17 through 23, 2012 as Constitution Week in New Hanover County. Please find enclosed a sample proclamation for your convenience. Sincerely, Lynn Benson Constitution Week Chairman Wilmington Ladies Tea Walk Chapter National Society Daughters of the American Revolution 910 - 458 -3952 Board of Commissioners Meeting 09/04/2012 2 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2012 PROCLAMATION WHEREAS, September 17, 2012 marks the two hundred and twenty -fifth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2012 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 4 th day of September, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 2 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 CONSENT ITEM: 3 DEPARTMENT: Health PRESENTER(S): David E. Rice, Health Director CONTACT(S): Kelley Honeycutt, Accountant; Lena Butler, Purchasing Supervisor SUBJECT: Approval to Donate Expired Dental Supplies to Cape Fear Community College BRIEF SUMMARY: The Health Department has expired dental supplies that they would like to donate to Cape Fear Community College. These supplies would be used as demonstrations to train dental students enrolled in the College's dental program. North Carolina General Statue 160A -280 permits the donation of any personal property including supplies, materials, and equipment that the Board deems to be surplus, obsolete, or unused. A list of the expired supplies is attached as EXHIBIT A and staff posted a public notice in the Star News on August 26, 2012 detailing this action as required by law. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to approve donation of expired dental supplies to Cape Fear Community College. A mm A r+u_%RIU XTmQ. Resolution Public Notice Exhibit A -List of Expired Dental Supplies COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 09/04/2012 3 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE DONATION OF EXPIRED DENTAL SUPPLIES TO CAPE FEAR COMMUNITY COLLEGE WHEREAS, GS 160A -280 allows a city or county to donate to another governmental unit within the United States, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused; and WHEREAS, the County's Health Department has dental supplies that have expired and can't be used by the department in their current operations; and WHEREAS, Cape Fear Community College uses expired supplies to train dental students in their dental program; and WHEREAS, County staff has posted a public notice at least five days prior to the adoption of this resolution approving the donation as required by the statutes. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the donation of expired dental supplies to Cape Fear Community College for use in their dental program and directs County staff to process any required documents to complete the transaction. ADOPTED this the 4 th day of September, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 3 -1 -1 PUBLIC NOTICE At their meeting scheduled for Tuesday, September 4, 2012 at 6:00 PM, New Hanover County's Board of Commissioners will consider a resolution to donate expired dental supplies to Cape Fear Community College for use in their dental program. This meeting will be held at the New Hanover County Historic Courthouse located at 24 N. Third St., Wilmington, NC 28402. Published: Sunday, August 26, 2012 Board of Commissioners Meeting 09/04/2012 3 -2 -1 EXHIBIT NEW HANOVER COUNTY HEALTH DEPARTMENT LIST OF EXPIRED DENTAL SUPPLIES SEPTEMBER 4, 2012 Supplies Quantity Expiration Septocaine 100 carpules March 2011 Septocaine 40 carpules May 2010 Vitrebond 3 powder /liquid mixes November 2008 IRM 3 powder /liquid mixes May 2008 Ketac Cem 2 powder /liquid mixes March 2009 UniBraid 2 boxes March 2008 and October 2007 Latex dental dam 3 individual June 2006 Latex dental dam 2 boxes January 2008 Latex dental dam 1 box September 2009 Latex dental dam 1 box September 2008 Non -latex dental dam 1 box March 2009 Monoject irrigation syringes 73 individual Board of Commissioners Meeting 09/04/2012 3 -3 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 CONSENT ITEM: 4 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Approval of NHC Board of Education Capital Outlay Fund Budget Amendment #10 and Capital Outlay Fund Budget Amendment # 1 BRIEF SUMMARY: On May 21, 2012, the County Commissioners approved the applications for Lottery and QSCB funding. The NHC Board of Education Capital Outlay Fund Amendments #10 and #1 budget the funds that have been approved by the state for these projects. The Funds will be used for: Roland -Grise Asbestos Abatement - $70,000 Accessibility Improvements - $120,000 Fire Alarm Panel Replacements - $36,546 Carolina Beach Roof - $1000 Williston Auditorium Lighting - $6,000 Roof Replacement at Various Sites - $32,695 Hoggard Gym Doors - $30,000 Noble HVAC Replacement - $185,000 (lottery) and $706,704 QSCB Holly Tree & Myrtle Grove - DDC Controls. Direct Digital Controls are automated building controls used to control primarily HVAC systems and some lighting systems for operation, use and increased efficiency. The NHC Board of Education Budget Amendments were approved by the Board of Education at their July 10 and August 7, 2012 meetings. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education Capital Outlay Budget Amendments #10 and #1. ATTACHMENTS: Board of Education Capital Outlan Fund Budget Amendment #10 Board of Education Capital Outlay Fund Budget Amendment #1 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 09/04/2012 4 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 4 -0 1.1'ew Hanover Count Board of Educatior. Capital Outla Fund Bud Amendment #10 Be It resolved b the New Hanover Count Board of Education that the followin amendments be made 0 to the Bud Resolution for the fiscal year endin June 3 0 j 2012, on the 1 Oth da of Jul 2012, Reoular Insbuction. capbl Outla Technolo Support Operational Support Revenue b Source: PSBCF ADM Revenue DPI School Bus Revenu, PSBCF - Lotter Rmnue QSCB Revenue E-RATE Revenue Yond Revenue Zund Balance Appropfistel 494t241.00 Explanation.- 494r241.00 4F Total Appropriation In Current Bud Total Appropflaffon in Current Amended Bud Board of Commissioners Meetin 09/04/2012 4-1-1 $ 17,219,388.18 494r241.00 $ 17o713,629.18 lwllqmls� -' Detaff ! P ro g ram: + Pr Pro ject P T J ec t D escr ipti on T Lotter — Pro 076 9069 Roland-Grise PH Abatement A ccessibilit y Fire Alarm Panel Replacement Carolina B ! t Willist i Roof Replacement-Various Site�j Ho G Doors Noble P1 HVAC RpImt r Revenue 4.3460.076 PSCBF - Lotter Revenue QCB — Pro 334 9109 Noble P1 HVAC Rplmt 9101 Bradle Creek Roof RpImt 9102 Lakeside Roof RpImt 9103 Virgo Roof RpIrrit 9104 Vir G Renovn 9 105 Williston G Renovn 9106 Roland-GrIse G Renovn 9106 Trask Renovns Board of Commissioners Meeting 09/04/2012 4 -1 -2 49a,za1.ao 4 changes -'tem: Bud Amendments Background/Historical Context: The attached Bud Amendments are needed to record revenue and transfers: Capital Outla Fund -- Holl Tree and M Grove DCC Controls pro ct Other Restricted Revenue Fund — carr ver bud * p , 1 0 1"1 1 1 #' Rationale For Recommendation: Approval is needed to recor Wd 0 Short and Lon Tei it Impact: Bud are required 2nd resource mana Supportin Documentation: Capital Outla Fund Bud Amendment No, #'ther Restricted Revenue Fund Bud Amendment No. t Board Action, Recommendation Recommendation Re Tabled for Further Stud • Board of Commissioners Meeting 09/04/2012 4 -2 -1 N 0 ew Hanover Count Board of Educatioc. Capital Outla Fund Bud Amendment #1 Be it resolved b the New Hanover Count Board of Education that the folloyAn amendments be madT to the Bud Resolution for the fiscal y ear ending June 30, 2013, on the 7th da of Au 2012: Revenue b Source: Explanation: To amend bud pt for appVved Wer allocal Total AppmpriaWn In CuffW Bud $ 75000-00 220F000.00 $ 970AD0,00 Passed Lb. I m1ajority vote of the Board of Educefion of New Hanover Count on the da of 201 Ark.. I Board of Commissioners Meetin 09/04/2012 4-2-2 W-71#1 li Revenue b Sawme Board of Commissioners Meetin 09/04/2012 4-2-3 weapital Outla Fund 10 1 Tr i J -FM zz Fundin Source/ Proiect # Proiect Descrip ion Current Vudget Amendment#1 Revised Bud I New Hanom Count ■ 640138 VAreless Pro ■ ect TSBCF - LoUer Revenue: E 9095.12 Holly Tree & M Grove DCC Cook* 750,0D0,00 $ 750,000.1111 W 220 220m000.00 _750,000.00 220,000.00 $ 970v0W.06 Board of Commissioners Meetin 09/04/2012 4-2-4 Justification for Re ApPrOVed Loffe ProJect Funding 7/30/12 Detailed en CO BA # 1 �0 JOI! J04,01 Signature of Re Date I To be cmpleW by Finance erfmon t B&&* BY: Pak. 90 Ch6irman, Board of Education Board of Commissioners Meetin 09/04/2012 4-2-5 Now Hanover Count Schools Bud iq9ftj,+orM This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 CONSENT ITEM: 5 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2013. 13 -027 - Finance 13 -031 - Finance 13 -035 - Budget 13 -038 - Parks, Gardens & Senior Resource Center 2013 -15 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 13 -027 B/A 13 -031 B/A 13 -035 B/A 13 -038 B/A 2013 -15 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 09/04/2012 5 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 5 -0 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 13 -027 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -027 be made to the annual Budget Ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: General Fund Department: Various Expenditure: Decrease Increase Human Resources $1,895.25 County Finance $0 $57,469.76 Non - Departmental $272,235.44 Information Technology $44,558.33 Elections $6,900.00 Property Management $193,818.45 Vehicle Management $22,818.00 Engineering $0 $155,239.81 Storm Water Drainage $13,044.54 Clerk of Superior Court $1,417.72 Public Safety Communications $33,472.89 Emergency Management $1000.00 Sheriff Administration $25,235.00 Judicial Services $ 1 18,791.01 Sheriff - Detention $9704.88 Sheriff - Uniform Patrol $129,936.77 Sheriff - Detectives $8,950.00 Sheriff - Animal Control $12,256.92 DSS - Administration $ 1 17,258.88 Library $ 15,071.00 Parks & Gardens Operations $154, 145.00 Museum $6,024.22 Total 1 $0 $1 Revenue: Decrease Increase Appropriated Fund Balance $1,409,057.87 Contribution from Escrow - Vehicle Replacement $0 $22,818.00 2010 State Criminal Alien Assistance Program Grant $3,450.00 Homeland Security Equipment Grant $1,950.00 Homeland Security Harbor Patrol Grant $36,937.00 2011 Paul Coverdell Forensic Science Imp Grant $8,950.00 Contribution from Escrow - Library $15,071.00 Total $0 $1 Fund: Automation Enhancement & Preservation Fund Expenditure: Decrease Increase Register of Deeds $103,746.83 Total $0 $103 Board of Commissioners Meeting 09/04/2012 5 -1 -1 Revenue: Decrease Increase Appropriated Fund Balance $103,746.83 1 . Total $0 $103,746.83 Fund: Room Occupancy Tax Fund Expenditure: Decrease Increase Room Occupancy Tax $242,855.50 Total 1 $0 $242 855.50 Revenue: Decrease 1 11 Increase Appropriated Fund Balance $242,855.50 Total 1 $0 $242,855.50 Fund: Fire Services Fund Expenditure: Decrease Increase Fire Services Administration $5,998.62 Fire Services Operations 11 $216,838.49 Total $0 $222 Revenue: Decrease 1 11 Increase Appropriated Fund Balance $222,837.11 Total 1 $0 $222,837.11 Fund: Environmental Management Fund Expenditure: Decrease Increase Environmental Management Administration $146,186.86 Environmental Management Landfill $0 $380,369.81 Environmental Management Recycling $38,799.76 Environmental Management WASTEC Maintenance 11 $20,223.00 Total $0 $585 Revenue: Decrease Increase Appropriated Fund Balance $585,579.43 Total $0 $585 Section 2: Explanation To budget Appropriated Fund Balances, Grants and Escrows for outstanding purchase orders as of June 30, 2012. The amounts should be added to each appropriation as it appears in the Budget Ordinance in order to account for the payment against the fiscal year in which it is paid (adopted in the Budget Ordinance for FYI 2 -13 dated June 18, 2012). Section 3: Documentation of Adoption This Ordinance was approved as part of the budget adoption process. It is being presented now for your information. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 13 -027, amending the annual Budget Ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 5 -1 -2 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 -031 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -031 be made to the annual Budget Ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: General Fund Department: Various Expenditure: Decrease Increase Emergency Management $41,778 Sheriff s Office $427,442 Health Department $83,913 Youth Empowerment Services $13,335 Senior Resource Center $65,489 Sheriff State Criminal Alien Assistance Grants $71,482 Total $0 $631,957 Revenue: Decrease Increase Appropriated Fund Balance $6,189 Emerg Mgt Urban Search and Rescue Grants $22,480 Emerg Mgt Homeland Security Grants $9,298 Emerg Mgt Smart Grid Program Grant $10,000 Sheriff COPS Hiring Grant $183,832 Sheriff State Criminal Alien Assistance Grants $71,482 Sheriff Homeland Security Grants $43,969 Sheriff Governor's Highway Safety Prog Grants $121,770 Sheriff Coverdell Forensic Science Grant $6,389 Health Good Shepherd Grants $34,905 Health Public Health Foundation Grants $2,223 Health Cape Fear Memorial Foundation Grants $21,072 Health Ministering Circle Grants $5,138 Health Safe Kids Grants $14,986 Health UNC Highway Safety Research $103 Health Glaxosmithkline Grants $307 Health NC Diabetes Education Grant $29 YES Juvenile Crime Prevention Grant $13,335 Senior Resource Center Horticulture Grant $3,597 Senior Resource Center Transportation Grant $55,703 Total $0 $631,957 Board of Commissioners Meeting 09/04/2012 5 -2 -1 Fund: Revolving Loan Fund Expenditure: Decrease Increase Revolving Loan Program $68,391 Appropriated Fund Balance $61,391 Total $0 $68,391 Revenue: Decrease Increase Revolving Loan Repayments $700 Appropriated Fund Balance $61,391 Total $0 $68,391 Section 2: Explanation The General Fund is being increased to rollover unexpended grant funds from FY 11 -12 to FY 12-13. The Revolving Loan Fund is being increased to rollover unexpended fund balance from FY 11 -12 to FY 12- 13. 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 13 -031, amending the annual Budget Ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 5 -2 -2 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 13 - 035 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -035 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: General Fund Department: Finance /Economic Development, Tax, Property Management, Engineering /Stormwater Drainage, Outside Agencies /Economic & Physical Development, Sheriff /Judicial Services, Planning & Zoning, Social Services /Adoption Assistance, Parks, Gardens & Senior Resource Center /Operations, Governing Body /County Commissioners Expenditure: Decrease Increase Finance /Economic Development: Economic Development $172,336 Tax: $ 0 11 $1 Contract Services $176,725 Property Management: M &R - Building & Grounds $10900 Capital Outlay - Other Improvements $40400 Engineering: Storm Water Drainage $109,092 Capital Outlay - Other Improvements $210,237 Outside Agencies /Economic & Physical Dev.: Beach Renourishment $22500 Sheriffs Office /Judicial Services: Capital Outlay - Other Improvements $14,985 Planning & Zoning: Contract Services $57,418 Social Services /Adoption Assistance: Special Child Adoption $107,371 Parks, Gardens & Senior Resource Center: Capital Outlay - Other Improvements $12400 Total $0 $1 Revenue: Decrease Increase Governing Body /County Commissioners: Appropriated Fund Balance $1,710,164 Total $ 0 11 $1 Fund: Environmental Management Fund Department: Environmental Management /WASTEC Expenditure: Decrease Increase Environmental Management /WASTEC: Contract Services $29,277 Total $0 $29 Revenue: Decrease Increase Environmental Management: Appropriated Fund Balance $29,227 Total $ 0 11 $29 Board of Commissioners Meeting 09/04/2012 5 -3 -1 Fund: Fire Services Fund Department: Fire Services /Administration Expenditure: Decrease Increase Fire Services /Administration: Contract Services $5000 Total $0 $50 Revenue: Decrease Increase Fire Services /Administration: Appropriated Fund Balance $5000 Total $0 $50 Section 2: Explanation The General Fund, Environmental Management Fund and Fire Services Fund are being increased to rollover unexpended funds from FY 12 to FY 13. The funding includes: 1) Funds for Economic Development are unspent FY 11 -12 funds that will be used with FY 12 -13 funds of $400,000 for County Economic Development Efforts. 2) Tax - FYI 1-12 funds for revaluation fund. 3) Property Management - funds for projects budgeted but not completed in FYI 1- 12. 4) Engineering - unspent funds for drainage are carried forward for future drainage projects. 5) Engineering - funds for Cobb Annex project. 6) Outside Agencies - Economic and Physical Development - Carolina Beach Inlet funds. 7) Sheriffs Office - Judicial Services funds for move to Historic Courthouse. 8) Planning & Zoning - funds for County match for Transportation and Community System Preservation (TCSP) grant, which was awarded in 2010. 9) Social Services - funds for Adoption Assistance. 10) Parks, Gardens - funds for Hoggard Tennis Courts. 11) Environmental Management - funds for roof repair. 12) Fire Services - funds for the Volunteer Incentive Program. 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 13 -035, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 5 -3 -2 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 - 038 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -038 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Independent Life Services Expenditure: Decrease Increase Parks, Gardens & SRC /Independent Life Servs. Respite Care Services $1,000 Total 1 $0 11 $1 9 000 Revenue: Decrease Increase Parks, Gardens & SRC /Independent Life Servs. Family Caregiver Support Grant $1,000 Total 1 $0 11 $1 9 000 Section 2: Explanation To increase the expense and revenue lines for the Family Caregiver Support Grant awarded through the Cape Fear Council of Governments. The FY 12 -13 budget estimate was $29,000; however, the actual award is $30,000. 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 13 -038, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 5 -4 -1 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2013 - 15 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -15 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $66,781 Total $0 1 1 $66 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property (DOJ) $66,781 Total $0 1 1 $66 Section 2: Explanation To budget Federal Forfeited Property (DOJ) receipts of 8/16/12 and 8/20/12 for $66,781. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Federal Forfeited Property fund is $102,930. 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 2013 -15, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 5 -5 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 6 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet, County Manager SUBJECT: Introductions of Public Affairs Manager Carey Disney Ricks and Strategy and Policy Manager Beth Schrader BRIEF SUMMARY: Carey Disney Ricks is serving as New Hanover County's first Public Affairs Manager, tasked with managing the County's legislative and government relations, organizational promotion, public information and media production. She will serve as a member of the Executive Leadership Team and provide leadership and management to internal /external communications, NHC -TV, brand management, and legislative coordination. Carey, a Wilmington native, has extensive community, regulatory, and public affairs experience in southeastern North Carolina. Beth Schrader, like most strategy professionals, brings an extensive depth and breadth of operational, technical, financial, marketing, strategy and leadership experiences to the Strategy and Policy Manager role. After graduating with highest honors from Clarkson University with a bachelor degree in Chemical Engineering, Beth spent 9 years in Product Development with Procter & Gamble where she specialized in new products, markets, research techniques and consumer models for the Beauty Care sector. In addition to her development work, Beth earned 7 U.S. patents for formulation work, was a member of thought- leader teams focused on innovation, big ideas / big initiatives, and product research mastery, and was the recipient of P &G awards for outstanding business contributions. Later, Beth received her MBA (Finance concentration) with highest honors from Cornell University, where she was a Park Leadership Fellow and served as Director of a business incubator and Manager of a seed -stage investment fund. Beth then spent several years working in the financial industry as an investment banker and strategy professional. Following the birth of her daughter, Anna Grace, Beth and her husband, Scott, relocated to Wilmington. Shortly thereafter, Beth joined New Hanover County where she served as the Senior Budget Analyst for the past 4 1 /2 years. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people RECOMMENDED MOTION AND REQUESTED ACTIONS: Meet Carey Disney Ricks and Beth Schrader and welcome them to their new roles in New Hanover County government. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 09/04/2012 6 -0 COMMISSIONERS' ACTIONS: Welcomed Carey Disney Ricks and Beth Schrader and took photo. Board of Commissioners Meeting 09/04/2012 6 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Linda Lytvinenko, Executive Director, Cape Fear Literacy Council CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Literacy Awareness Month and International Literacy Day Proclamation BRIEF SUMMARY: Rachel LaCoe is the Community Outreach Coordinator for Cape Fear Literacy Council. She has submitted a proclamation to recognize September 2012 as Literacy Awareness Month and September 8, 2012 as International Literacy Day in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2012 Literacy Month COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 7 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY PROCLAMATION WHEREAS, Cape Fear Literacy Council, in conjunction with ProLiteracy, UNESCO (United Nations Educational, Scientific, and Cultural Organization), and thousands of community -based literacy organizations, is celebrating September as "Literacy Awareness Month" and September 8 th as "International Literacy Day "; and WHEREAS, since 1985, Cape Fear Literacy Council has provided reading, writing, spelling, math and English communication tutoring and classes to thousands of New Hanover County adults; and WHEREAS, the National Adult Literacy Survey indicates that over 61,000 adults in New Hanover County are at the lowest levels of literacy and struggle to use printed and written information to function in society, achieve their goals, and develop their potential; and WHEREAS, these adults have difficulty securing jobs and a livable wage for themselves and their families, do not have access to adequate health care because they lack necessary reading and life skills, struggle to be effectively involved in their children's education and have difficulty becoming fully engaged in their communities; and WHEREAS, the best indicator of a child's success in school is whether his /her mother reads, children whose parents have higher literacy skills do better in school, and the future of our community depends on the literacy levels of our adults and children; and WHEREAS, Cape Fear Literacy Council provides a variety of complementary learning opportunities for both acquiring and improving skills and meeting short -term and long -term individualized goals: self - paced computer learning, study skills and writing classes, GED preparation, citizenship, out- of -the- classroom community -based learning, and special topic classes as indicated by students' needs; and WHEREAS, Cape Fear Literacy Council helps over 500 adult learners each year improve and thereby improve their job potential and performance, their community involvement, their families' quality of life, and their own ability to reach their goals and potential. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2012 be recognized as "Literacy Awareness Month" and September 8, 2012 be recognized as "International Literacy Day" in New Hanover County; and BE IT FUTHER PROCLAIMED that the Board of Commissioners pledges themselves and challenges their fellow citizens to work to eliminate illiteracy in New Hanover County. ADOPTED this the 4 th day of September, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 7 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Sandy Bell, Recovery Month Committee Member CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of National Alcohol and Addiction Recovery Month Proclamation BRIEF SUMMARY: Recovery Month is designed to empower people in recovery and educate our community about how substance use disorders affect all people in the community, including public safety officials, the workforce, older adults, and families. Sandy Bell, Recovery Month Committee Member, will be present to receive the proclamation to recognize that substance use disorders are treatable and recovery is possible. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Recovery Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 8 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL ALCOHOL AND ADDICTION RECOVERY MONTH 2012 PROCLAMATION WHEREAS, behavioral health is an essential part of health and one's overall wellness, and prevention works, treatment is effective, and people can and do recover from substance use and mental health disorders; and WHEREAS, all people have the fundamental and inherent value to be accepted and treated with respect, human dignity, and worth; and WHEREAS, individuals should have access to fully participate in community life including economic advancement and prosperity; fair and decent housing; quality education; positive opportunities to benefit from and contribute to material, cultural, and social progress; and WHEREAS, it is critical to educate our policymakers, friends and family members, health care providers, and businesses that substance use and mental disorders are treatable, and that people should seek assistance for these conditions, with the same urgency as they would any other health condition; and WHEREAS, all Americans have the opportunity to access provisions within the Affordable Care Act and Mental Health Parity and Addictions Equity Act (MHPAEA), aimed to improve physical and emotional health while ensuring people will receive the care they need at a more reasonable cost; and WHEREAS, substance use and mental health disorders are serious public health problems, and in 2009, 4.3 million people received treatment for a substance use disorder and 30.2 million people for a mental health problem (2009 National Survey on Drug Use and Health), we must continue to reach the millions more who need help; and WHEREAS, to help more people achieve long -term recovery, and learn how recovery positively benefits the Nation's overall well - being, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), and the White House Office of National Drug Control Policy (ONDCP), invite all residents of New Hanover County, North Carolina to participate in National Recovery Month: Prevention Works, Treatment is Effective, People Recover (Recovery Month). NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2012 be recognized as "National Alcohol and Drug Addiction Recovery Month" in New Hanover County. The people of New Hanover County and the people of North Carolina are called upon to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: It's Worth IT " ADOPTED this the 4 th day of September, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 8 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Tim Burgess, Assistant County Manager; Jim Iannucci, County Engineer; Lisa Wurtzbacher, Finance Director SUBJECT: Consideration of a Beach Renourishment Memorandum of Agreement for Carolina Beach and Kure Beach BRIEF SUMMARY: Beach renourishment projects have been authorized by the federal government for both Carolina Beach and Kure Beach. The United States Congress has authorized the federal government to spend $4,400,000 on the Carolina Beach renourishment project but has authorized no funds for the Kure Beach renourishment project. The state government is authorized to contribute $1,180,000 for the Carolina Beach project, for which Carolina Beach has been authorized to transfer to Kure Beach who is receiving no federal funds. Both beaches are on a three -year renourishment cycle where fiscal year 2013 is the next renourishment cycle for these beaches. Under contributory authority, which was approved by Congress, projects can now be designed with an expanded scope above the minimum standards authorized by the federal government. Both the Carolina Beach and Kure Beach projects are designed with an expanded scope. However, under this design, the federal government is only responsible for 65% of the costs of the minimum standard and the state and local government are responsible for the remaining 35% of the minimum standard plus 100% of the costs above the minimum standard. Federal Funds State Funds Local Funds Total Carolina Beach $4,400,000 $1,180,000 $2,120,000 $7,700,000 Kure Beach $0 $0 $6,400,000 $6,400,000 Total $4,400,000 $1,180,000 $8,520,000 $14,100,000 Under contributory authority, which was approved by Congress, projects can now be designed with an expanded scope above the minimum standards authorized by the federal government. Both the Carolina Beach and Kure Beach projects are designed with an expanded scope. However, under this design, the federal government is only responsible for 65% of the costs of the minimum standard and the state and local government are responsible for the remaining 35% of the minimum standard plus 100% of the costs above the minimum standard. Further, under the contributory authority, the State of North Carolina is not willing to sign the Memorandum of Agreement with the United States Army Corp of Engineers to accept their share of the liability above the estimated project amounts. These liabilities could result from bids received at higher costs than the estimated project or other unforeseen risks such as dredged sand being inferior quality, lawsuits, insurance claims, etc. This translates into increased exposure to the County for those potential liabilities. Staff has estimated this could be as much as $3,525,000 excluding any unforeseen risks as noted above. STRATEGIC PLAN ALIGNMENT: Board of Commissioners Meeting 09/04/2012 9 -0 Minimum Design Expanded Scope Total Project Cost Carolina Beach $6,900,000 $800,000 $7,700,000 Kure Beach $0 $6,400,000 $6,400,000 Further, under the contributory authority, the State of North Carolina is not willing to sign the Memorandum of Agreement with the United States Army Corp of Engineers to accept their share of the liability above the estimated project amounts. These liabilities could result from bids received at higher costs than the estimated project or other unforeseen risks such as dredged sand being inferior quality, lawsuits, insurance claims, etc. This translates into increased exposure to the County for those potential liabilities. Staff has estimated this could be as much as $3,525,000 excluding any unforeseen risks as noted above. STRATEGIC PLAN ALIGNMENT: Board of Commissioners Meeting 09/04/2012 9 -0 Intelligent Growth and Economic Development • Innovate programs to protect the environment RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Interoffice Memo on MOA Memorandum of Agreement Effects on ROT Fund Balance Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Execute MOA to help ensure property protection and the integrity of the overall beach nourishment strategy; a long, linear beach protection project will typically last longer than placing a large amount of sand all in one spot. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/04/2012 9 -0 INTEROFFICE MEMORANDUM Date: August 27, 2012 To: Board of Commissioners From: Chris Coudriet, County Manager Re: Carolina and Kure Beaches Nourishment Projects: Town of Carolina Beach The United States Congress has authorized a beach nourishment project for the Town of Carolina Beach. It is estimated that this project will cost approximately $7,700,000. Congress has authorized the Federal Government to spend $4,400,000 on this project. The balance of $3,300,000 will be shared between the State of North Carolina and New Hanover County. New Hanover County's portion will be approximately $2,120,000 and will be paid from the Room Occupancy Tax (ROT) funds and the State of North Carolina's share will be $1,180,000. The existing permit for this project expires in 2014. Town of Kure Beach The Federal government has authorized a beach nourishment project for the Town of Kure Beach; however, no funding is being provided from either the Federal or state governments. Therefore, the entire cost of this project would come from local funds. The Town of Carolina Breach has agreed to transfer the state's portion of the Carolina Beach nourishment of $1,180,000 to Kure Beach if the nourishment project at Kure Beach proceeds. The estimated cost of this project is $6,400,000. The existing permit for this project expires in 2043. Note: In order to reduce the overall costs, the United States Army Corp of Engineers plans to bid both projects as one. If these projects are bid separately then there could be increased mobilization costs. Problems: Previous arrangement: County was liable for 17.5% of costs above the estimated project amount. These additional costs could be the result of bids coming in higher than estimated, dredged sand being of inferior quality, lawsuits, insurance claims, etc. New arrangement: County is responsible for 100% of costs above the estimated project amount. As previously mentioned, these additional costs could be the result of bids coming in higher than estimated, dredged sand being of inferior quality, lawsuits, insurance claims, etc. Contributory authority: Previously, projects were designed to a minimum standard which did not allow for an expanded project scope. Under this arrangement, the federal government paid 65% of the cost with the remaining 35% being shared by state and local governments. Under contributory authority, which was approved by Congress, projects can now be designed with an expanded scope. Under this design, the federal government is only responsible for 65% of the costs of the minimum standard and the state and local governments are responsible for the remaining 35% of the minimum standard plus 100% of the costs above the minimum standard. The two beach nourishment projects as designed are Board of Commissioners Meeting 09/04/2012 9 -1 -1 expanded scope projects. The approximate cost of the minimum project for Carolina Beach is $6,900,000. Since the Federal government is not funding the Kure Beach project, it can be assumed that the minimum project costs for Kure Beach is zero dollars. Memorandum of Understanding (MOA): This new arrangement will require that the county sign a Memorandum of Agreement with the United States Army Corp of Engineers which will expose the county to additional liability as noted above. Because of changes in the contract language, the State of North Carolina is not willing to continue to be the signatory on the MOA. ROT Fund: The estimated beginning balance of the ROT fund for FY 2013 is $40,165,475. It is estimated that approximately $2,600,000 will be added to the fund during FY 2013. Timeline (estimated): September 4, 2012: Board takes action on this issue September 5, 2012:* 30 day public announcement period begins should board decide to move forward. Receipt of bids would follow this period. October 20, 2012: Contract awarded November 15, 2012 - April 30, 2013: Project window *Assumption the US Army Corps of Engineers would proceed with solicitation of the project the day after New Hanover County MOA execution. Board of Commissioners Meeting 09/04/2012 9 -1 -2 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA FOR RENOURISHMENT OF THE CAROLINA BEACH AND VICINITY, NORTH CAROLINA HURRICANE AND STORM DAMAGE REDUCTION PROJECT CAROLINA BEACH PORTION AND AREA SOUTH PORTION This MEMORANDUM OF AGREEMENT (hereinafter the "MOA ") is entered into this day of , 2012 by and between the Department of the Army (hereinafter the "Government "), represented by the U.S. Army Engineer, Wilmington District (hereinafter the "District Engineer "), and the County of New Hanover, North Carolina (hereinafter the "Contributor "), represented by the Chairman of its Board of Commissioners. WITNESSETH, THAT: WHEREAS, the Carolina Beach and Vicinity, North Carolina, Hurricane and Storm Damage Reduction Project (hereinafter the "Project ") was authorized for construction pursuant to the Flood Control Act of 1962 (Public Law 87 -874), as amended by Section 156 of the Water Resources Development Act of 1976 (Public Law 94 -587) and Section 934 of the Water Resources Development Act of 1986 (Public Law 99 -662); WHEREAS, on July 29, 1994, the Government and the Town of Carolina Beach, North Carolina entered into a Project Cooperation Agreement (hereinafter the "Carolina Beach PCA ") for initial construction and periodic renourishment of the Carolina Beach Portion of the Project, and initial construction has been completed; WHEREAS, on September 26, 1995, the Government and the Town of Kure Beach, North Carolina entered into a Project Cooperation Agreement (hereinafter the "Area South PCA ") for initial construction and periodic renourishment of the Area South (also referred to as the Kure Beach) Portion of the Project, and initial construction has been completed; WHEREAS, in addition to providing the non - Federal cost share, the Contributor considers it to be in its own interest to contribute funds voluntarily (hereinafter the "Contributed Funds ") to be used by the Government for a cycle of simultaneous renourishment of both the Carolina Beach and Area South portions of the Project (hereinafter the "Renourishment Work "); and WHEREAS, the Government is authorized pursuant to 33 U.S.C. 701h to accept Contributed Funds to be used for the Renourishment Work. NOW, THEREFORE, the Government and Contributor agree as follows: Board of Commissioners Meeting 09/04/2012 9 -2 -1 1. In addition to providing the non - Federal share, the Contributor shall provide to the Government Contributed Funds for all costs of the Renourishment Work that are in excess of the available Federal funds of $4,400,000. Based on the current estimate of $14,096,200 for the Renourishment Work, the estimate of funds, which includes the non - Federal share and the Contributed Funds, to be provided by the Contributor is $9,696,200. While the Government will endeavor to limit costs associated with the Renourishment Work, the Contributor understands that the actual costs for the Renourishment Work may exceed the estimate due to claims or other unforeseen circumstances. 2. Within fifteen (15) calendar days of execution of this MOA, the Contributor shall provide to the Government the sum of $9,696,200. Within thirty (30) calendar days of written notification by the Government that additional funds are needed to fund costs of the Renourishment Work, the Contributor shall provide such additional funds. 3. The Contributor shall provide funds to the Government by delivering a check payable to "FAO, USAED, Wilmington" to the District Engineer; or verifying to the satisfaction of the Government that such funds have been provided in an escrow or other account acceptable to the Government, with interest accruing to the Contributor; or presenting the Government with an irrevocable letter of credit acceptable to the Government for such funds; or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. The Wilmington District point of contact for the Electronic Funds Transfer is Mr. Richard B. Boyd, at (910) 251 -4796. 4. The Government shall not commence any Renourishment Work until: a) all applicable environmental laws and regulations have been complied with, including, but not limited to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 -4347) and Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), and b) authorization for entry to all lands, easements, and rights -of -way the Government determines to be required for the Renourishment Work have been provided to the Government in accordance with the provisions of the Carolina Beach PCA and Area South PCA. 5. The Government shall provide the Contributor with quarterly accountings of obligations for the Renourishment Work. The first such accounting shall be provided within thirty (30) calendar days after the final day of the first complete Government fiscal year quarter following receipt of the funds by the Contributor, and subsequent accountings shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Renourishment Work. Upon conclusion of the Renourishment Work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the Contributor with written notice of the results of such final accounting. Such final accounting shall in no way limit the Contributor's responsibility to pay for costs associated with the Renourishment Work, including contract claims or any other liability that may become known after the final accounting. 6. Should the final accounting show that the costs of the Renourishment Work exceed the sum of the Federal funds and the funds provided by the Contributor, the Board of Commissioners Meeting 09/04/2012 9 -2 -2 Contributor shall provide the additional required funding in accordance with paragraph 3 of this MOA within ninety (90) calendar days of written notice of the final accounting. Should the final accounting show that the cost of the Renourishment Work is less than the sum of the Federal funds and the funds provided by the Contributor, the Government shall refund the excess to the Contributor within sixty (60) calendar days of the written notice of the final accounting. 7. No credit or repayment is authorized, nor shall be provided, for any Contributed Funds obligated by the Government. 8. Nothing herein shall constitute, represent, or imply any commitment to budget or appropriate funds for the Project in the future; and nothing herein shall represent, or give rise to, obligations of the United States. 9. Before any party to this MOA may bring suit in any court concerning an issue relating to this MOA, such party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties. 10. The Contributor shall hold and save the Government free from all damages arising from the Renourishment Work, except for damages due to the fault or negligence of the Government or its contractors. 11. In the exercise of their respective rights and obligations under this MOA, the Contributor and the Government agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto, as well as Army Regulation 600 -7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army ". 12. In the exercise of their respective rights and obligations under this MOA, the Government and the Contributor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. 13. a. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Board of Commissioners of the County of New Hanover, North Carolina where creating such an obligation would be inconsistent with the Constitution of the State of North Carolina. b. The Contributor intends to fulfill its obligations under this Agreement. The Contributor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that year, and shall use all reasonable and lawful means to secure those appropriations. The Contributor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, the Contributor shall use its Board of Commissioners Meeting 09/04/2012 9 -2 -3 best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Contributor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. 14. Notices. a. Any notice, request, demand, or other communication required or permitted to be given under this MOA shall be deemed to have been duly given if in writing and either delivered personally or mailed by first- class, registered, or certified mail, as follows: If to the Contributor: County Manager New Hanover County 230 Government Center Drive, Suite 195 Wilmington, North Carolina 28403 If to the Government: District Commander U.S. Army Engineer District, Wilmington 69 Darlington Avenue Wilmington, NC 28403 b. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. c. Any notice, request, demand, or other communication made pursuant to this paragraph shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven (7) days after it is mailed. 15. To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 16. This MOA may be modified or amended only by written, mutual agreement of the parties. IN WITNESS WHEREOF, the parties have executed this MOA as of the day, month, and year first above written. THE DEPARTMENT OF THE ARMY ]•fi • COUNTY OF NEW HANOVER C• Steven A. Baker Ted Davis, Jr. Colonel, U.S. Army Chairman, New Hanover County Board of Commissioners Meeting 09/04/2012 9 -2 -4 District Commander Board of Commissioners DATE: DATE Board of Commissioners Meeting 09/04/2012 9 -2 -5 CERTIFICATE OF AUTHORITY I, Wanda Copley, do hereby certify that I am the principal legal officer of New Hanover County, North Carolina, that New Hanover County is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and New Hanover County in connection with the Carolina Beach and Vicinity Hurricane and Storm Damage Reduction Project, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 91 -611 (42 U.S.C. Section 1962d -5b), and that the persons who have executed this Agreement on behalf of New Hanover County have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 2012. Wanda Copley County Attorney New Hanover County, North Carolina Board of Commissioners Meeting 09/04/2012 9 -2 -6 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Ted Davis, Jr. Chairman, New Hanover County Board of Commissioners DATE: Board of Commissioners Meeting 09/04/2012 9 -2 -7 Note, The Room Occupancy Tax Fund is used to fund beach nourishment when federal and state dollars do not meet project cost. Total project costs of $14.1 million is split among Carolina and Kure Beach as shown below. Federal funds and state funds were allocated to Carolina Beach. The state funds can be transfered to Kure Beach by an interlocal agreement between Carolina and Kure Beach. Total funds estimated to be disbursed from the Room Occupancy Tax Fund is approximately $8.5 million if both projects are brought forward as indicated. The County is also exposed to additional potential liabilities if the Memorandum of Agreement is signed. *Potential liability estimate includes bids that could potentially come in above estimated project costs. The project bids are ultimately approved by the Corp of Engineers. Typically, bids over 125% of project estimates will not be approved. This opens the County up to potential increases in the project cost of approximately $3.5 million. Additional liabilities that cannot be quantified at this time would also become the liability of the County such as site clause risk or other unforseen risks. Project Costs: 66% Template Project Estimate Less: Federal Funds Authorized Less: State Funds Authorized Transfer of State Funds ROT Funds Distributed *Potential Liabilities Potential ROT Fund Exposure ROT Fund Balance Projection: Projected FY2012 Ending ROT Fund Balance Projected FY2013 ROT Revenues Less: Carolina Beach Project Cost Less: Kure Beach Project Cost Projected FY2013 Ending ROT Fund Balance Less: Carolina Beach Additional Exposure Less: Kure Beach Additional Exposure Projected FY2013 Ending ROT Fund Balance including additional exposure Carolina Kure Beach Beach Total 7 6,400,000 14,100, 000 (4,400,000) - (4,400,000) (1,180,000) - (1,180,000) 1,180, 000 (1,180, 000) - 3,300,000 5,220,000 8,520,000 1,925,000 1,600,000 3,525,000 5,225,000 6,820,000 12,045,000 40,165,475 2,631,542 (3,300,000) Ir -I-In nnn\ (1,925,000) 11 --nn nnn\ 30,752,017 Board of Commissioners Meeting 09/04/2012 9 -3 -1 AGENDA: September 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 - 039 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -039 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Innovate programs to protect the environment Fund: Room Occupancy Tax Fund Department: Expenditure: Decrease Increase Erosion control payment $6 Intergovermental Revenue $1 Total 1 $0 $6 Revenue: Decrease Increase Appropriated fund balance $5 Intergovermental Revenue $1 Total $0 $6 Section 2: Explanation Carolina Beach and Kure Beach are scheduled to have its beach renourished in fiscal year 2013. Total estimated project costs are $14,096,200 of which the federal government is contributing $4,400,000. Additionally, $3,510,328 is already included in the FY2013 budget for erosion control payments. The state will also contribute $1,180,000 and will reimburse the County for this amount after payment is made to the Armv Corp of Engineers. Total beach nourishment project cost $ 14,096,200 Federal funds allocated to project (4,400,000) Funds needed from the ROT fund $ 9,696,200 Currently Budget Budgeted Amendment Final Budget Erosion Control Payment 3,510,328 6,185,872 $ 9,696,200 Intergovernmental Revenue 96,944 103,056 $ 1,18000 Board of Commissioners Meeting 09/04/2012 9 -4 -1 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 13 -039, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 4th day of September, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/04/2012 9 -4 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 10 DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; Chris O'Keefe, Planning & Inspections Director: (PB Rep: Anthony Prinz) CONTACT(S): Nicole Dreibelbis, Current Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -922, 08/12) - Request by Tom Tucker to Rezone 11.67 Acres at 7740 Market Street and 115 Amaryllis Drive from B -2 Highway Business to CD(R -10) Conditional R -10, Residential BRIEF SUMMARY: At their August 2, 2012 meeting, the Planning Board voted 6 -0 to recommend approval of the rezoning request subject to the conditions recommended by staff. No one from the public spoke in support of or in opposition to the proposal. A special use permit was approved for the properties in 2004 to construct a mixed use development consisting of a 156 -unit apartment complex with 21,600 square feet of commercial space subject to six conditions. The apartment complex was constructed; however, the commercial highway frontage was not developed due to an inability to secure commercial tenants. This proposal would add three new buildings consisting of 45 one - bedroom residential units (buildings of 15, 18 and 12 units) to the existing apartment complex, known as The Apartments at Three Oaks, as well as 90 new parking spaces. The site is identified as Transition and Wetland Resource Protection on the 2006 CAMA Land Classification Map and is within the Market Street Corridor Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the request with two conditions: 1) The owners construct a sidewalk along the Market Street frontage of the subject properties, providing connection with the internal sidewalks and adjacent services, consistent with the Market Street Corridor Plan and Section 67B -3 of the New Hanover County Zoning Ordinance; and 2) Documentation of an encroachment agreement with Progress Energy with regard to the location of proposed Building 10. Board of Commissioners Meeting 09/04/2012 10 -0 ACTION #1 : Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from B -2 Highway Business district to CD (R -10) Conditional Residential as described is: 1. Consistent with the purpose and intent of both the 2006 CAMA Land Use Plan and Market Street Corridor Plan. 2. Reasonable and in the public interest to rezone 11.87 acres from B -2 Highway Business to CD (R -10) Conditional Residential in this location in order to continue and expand a high density apartment complex . ACTION # 2 NEEDED: Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. ATTACHMENTS: Z -922 Script Z -922 Petition Summary Z -922 Staff Summary Z -922 Adjacent Property Owners Map Z -922 Zoning—Aerial Map Market Street Corridor Study Z -922 Proposed Site Plan- 8 -16 -12 Current Approved Site Plan with Signed Order -2004 Z -922 Amended Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Continued 5 -0 to the October 1, 2012 meeting. Board of Commissioners Meeting 09/04/2012 10 -0 ITEM# 10 SCRIPT FOR CONDITIONAL REZONING Z- 922(08/12) Request by Tom Tucker to rezone 11.67 acres at 7641 Market Street and 115 Amaryllis Drive from B -2 Highway Business to CD (R -10) Conditional R -10. The site is identified as Transition and Wetland Resource Protection on the 2006 CAMA Land Classification Map and is within the Market Street Corridor Plan. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff Presentation b. Applicant's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner discussion 5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to proceed or do you wish to continue the matter? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on rezoning. (First Noes) The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Examples of motions are on the agenda item cover sheet. 8. Vote on the companion special use permit. (Second Vote) Motion to grant the permit - All findings are positive. Motion to grant the permit, subject to conditions specified below: (State Conditions) In Motion to deny because, if completed as proposed, the development more probably than not: 13 a. Will endanger the public health or safety for the following reasons: b. Does not meet all required conditions and specifications, in particular: 13 c. Will injure the value of adjoining or abutting property in the following way: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 09/04/2012 10 -1 -1 Case Z -922 (06/12) Rezone 11.87 acres from B -2, highway business to CD (R -10) conditional R -10, residential Petition Summary Data 115 Amaryllis Drive Owner /Petitioner: Tom Tucker Existing Land Use: B -2, highway business, apartment complex per special use permit for residential in a commercial zoning district, case S -511, approved 02/02/2004 Zoning History: Area 5 (July 6, 1971) Land Classification: Transition and Watershed Resource Protection Water Type CFPUA Sewer Type: CFPUA Recreation Area Ogden Elementary School Ogden Park Access & Traffic Volume: The ADT of Market Street between Alexander Road and Amaryllis had a volume of 43,275vpd. The road capacity is 43,700 vpd; therefore, the LOS is E as of December 2011 counts. A LOS of E means the roadway is operating at design capacity and traffic is experiencing delays at intersections. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Pages Creek (SA; HQW 303) Aquifer Recharge Area: A shallow water table and aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: The portion of the parcel fronting Market Street is located within the Special Highway Overlay District (S.H.O.D.). No flood or conservation areas located on the subject property. The Conservation Overlay District classifies the property as Urban and Developed Land fronting Market Street and Successional Land in the rear. Soils: Kureb sand with 1 to 8 % slopes and Murville Fine Sand. Septic Suitability: Kureb sand is classified as a Class I soil with suitable to slight limitations. Murville Fine Sand is classified as a Class III soil with severe limitations and is known to require extensive modifications and intensive maintenance. Schools: Ogden Elementary School Board of Commissioners Meeting 09/04/2012 10-2-1 CASE: Z -922, 08/2012 PETITIONER: Tom Tucker REQUEST: Rezone from B -2, Highway Business to CD (R -10), Conditional Residential ACREAGE: 11.87 Acres LOCATION: 115 Amaryllis Drive and 7740 Market Street LAND CLASS: Transition and Watershed Resource Protection STAFF SUMMARY Planning Board Action: The Planning Board voted 6 -0 at their August 2, 2012 meeting to recommend approval subject to the conditions recommended by staff. HISTORY: On February 2, 2004 the subject properties were approved for a special use permit to construct a mixed use development in a B -2, Highway Business District, consisting of a 156 unit apartment complex and a 21,600 square foot commercial space. The approval was subject to the following conditions: (a) a twenty (20) foot buffer in accordance with the buffering standards of Section 67 of the zoning ordinance along the southern property line; (b) implementation of the traffic improvements, listed in the initial Traffic Impact Analysis; (c) preservation of regulated trees; (d) installation of onsite fire hydrants; (e) access provided to the Foy Property, along northern border; and (f) satisfaction of the minimum setback requirements of proposed Building 1, subject to the rezoning approval of the Foy tract. The commercial highway frontage has not been developed due to the inability to secure commercial tenants. However, the apartment occupancy has been steady and warrants expansion according to the petitioner. PROPERTY SPECIFICS The subject properties are accessed off of Market Street, an urban principal arterial roadway, located north of Alexander Road. The proposal includes two parcels, parcel I is addressed 7740 Market Street and parcel 11 is addressed 115 Amaryllis Drive. The development proposal encompasses a combined acreage of 11.87 acres. Tract I is owned by Ogden 12 Properties LLC and Tract II is owned by Three Oaks LLC. Three Oaks LLC owns Ogden 12 and the applicant has a third ownership in both entities. CHARACTER OF THE AREA: Current Zoning The purpose of the B -2 district is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. Case Z -922, (08/2012) Page 1 Board of Commissioners Meeting 09/04/2012 10 -3 -1 The subject site is situated between two commercially zoned parcels. West of the proposal is an operational boat sales and service facility and sweepstakes parlor. To the east is vacant undeveloped land. South is zoned R -15, Residential and is undeveloped. Northeast of the subject property, at the corner of Alexander and Market is a 3.14 acre tract zoned Office and Institutional, developed as a veterinary office. Immediately north is a 3.13 acre tract of vacant R -15, residential property and northwest is a 1.47 acre tract of B -2 property, developed as the Pond's Edge Office Suites. Proposed Zoning The R -10 Residential District is established as a district in which the principal use of land is for residential purposes with access to either public water or public sewer. The purpose of the High Density section is to encourage high density development in Urban or Transition areas where adequate services are available, provided that environmental impacts are minimized and adequate open space is provided. Under this section of the zoning ordinance, an R -10 District allows a density factor of 17 units per acre. The conditional use district procedure is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of the ordinance but none of the general zoning district classifications which would allow that use is acceptable. The procedure is for firm development proposals. The proposal is CD (R -10) to accommodate the addition of 45 residential units to an existing apartment complex, identified as The Apartments at Three Oaks. The additional one bedroom units will be constructed in three new buildings, totaling 30,000 gross square feet. The applicant is also adding ninety parking spaces to accommodate the new units, consistent with Section 81 -1 of the zoning ordinance. TRAFFIC As of December 2011 counts, the average daily trip (ADT) on Market Street, between Alexander Road and Amaryllis Drive has a volume of 43,275 vehicles per day (vpd); however, the capacity of the road is 43,700 vpd. Therefore, the level of service (LOS) for the portion of Market Street fronting the subject properties is E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. The traffic impact worksheet, provided by the applicant, estimates the additional 45 units will produce an AM peak of 21 trips and a PM peak of 25 trips. Therefore, a traffic impact analysis is not required. COMMUNITY SERVICES: Water /Sewer: Water and sewer are currently provided to the developed property, located at 115 Amaryllis Drive, by Cape Fear Public Utility Authority (CFPUA) and currently capacity is available to service the additional units, located at 7641 Market Street. Fire Protection: The property will be served by New Hanover County Fire Services. Case Z -922, (08/2012) Page 2 Board of Commissioners Meeting 09/04/2012 10 -3 -2 Schools: School districts are determined by the New Hanover County Board of Education periodically. Currently, the subject properties would fall within the Ogden Elementary School, Noble Middle School and Laney High School attendance. LAND CLASSIFICATION: The subject properties are located in the northern portion of the county in an area with two land classifications, including Watershed Resource Protection and Transition according to the 2006 CAMA Land Classification Map. The Watershed Resource Protection area is the portion of the property that is already developed. All new development would be contained within the Transition area. The watershed resource protection area subclass occurs along the tidal creeks and is defined as the area within % mile of the 100 -year flood plain for those creeks. The impact that the resources is being protected from is pollutant laden stormwater runoff from impervious surfaces within the watershed. The protection strategy for this subclass of resource protection area focuses on minimizing new impervious surface, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces and to promote low impact best management practices for development and redevelopment. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. ENVIRONMENTAL CONSIDERATIONS: The subject properties are located within the Pages Creek watershed drainage area which is classified as SA; HQW 303. The soil maps indicate Kureb Sand (1 -8% slopes) and Murville Fine Sand are located on the subject properties. Kureb sand is classified as a Class I soil with suitable to slight limitations. Murville Fine Sand is classified as a Class III soil with severe limitations and is known to require extensive modifications and intensive maintenance. PLANS AND POLICIES: The 2006 CAMA Land Use Plan encourages intensive urban development on lands that are classified as Transition. Further, Policy 5.7 states the need to preserve the character of the area's existing residential neighborhoods and quality of life. The subject site is addressed within two chapters of the Market Street Corridor Plan. Chapter 4, General Development, describes future development of the subject site as a multifamily suburban neighborhood and encourages building orientation toward the interior of the site with landscaped buffers between surrounding development. Chapter 6, Recommendations, calls for the installation of sidewalks the entire length of the corridor, between Colonial Drive and Porters Neck Road. STAFF POSITION The site plan poses two inconsistencies with the intent of the Market Street Corridor Plan, including the configuration of the proposed parking lot and failure to include construction of an external sidewalk fronting Market Street, connecting internal sidewalks to adjacent services. However, the minimal impact on traffic and expansion of an existing use in a Transition classification is consistent Case Z -922, (08/2012) Page 3 Board of Commissioners Meeting 09/04/2012 10 -3 -3 with the 2006 CAMA Land Use Plan, and the stated intent of both Conditional Use and High Density development. Therefore, Staff is recommending approval. ACTION #1: Adopt a statement in accordance with NCGS 153A -341 Which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from B -2 Highway Business district to CD (R -10) Conditional Residential as described is: 1. Consistent with the purpose and intent of both the 2006 CAMA Land Use Plan and Market Street Corridor Plan. 2. Reasonable and in the public interest to rezone 11.87 acres from B -2 Highway Business to CD (R -10) Conditional Residential in this location in order to continue and expand a high density apartment complex. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: PRELIMINARY FINDINGS OF FACT: In its review of the request, the Planning Staff made the following preliminary "findings of fact." 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Fire Service is provided by New Hanover County Fire Services. B. Water and sewer are currently provided by CFPUA to the developed property, located at 115 Amaryllis Drive and currently capacity is available to service additional units, located at 7641 Market Street. C. As of December 2011 counts, the ADT of Market Street, between Alexander Road and Amaryllis Drive has a volume of 43,275vpd; however, the capacity of the road is 43,700 vpd. Therefore, the LOS for the portion of Market Street fronting the subject properties is E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. The traffic impact worksheet, provided by the applicant, estimates the additional 45 units will produce an AM peak of 23 trips and a PM peak of 28 trips. Therefore, a traffic impact analysis is not required. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed road improvements required by NCDOT are implemented. Case Z -922, (08/2012) Page 4 Board of Commissioners Meeting 09/04/2012 10 -3 -4 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Conditional zoning districts are designed for firm development proposals and not for tentative development. The proposal is to accommodate the addition of three buildings and 45 residential units to an existing apartment complex, identified as The Apartments at Three Oaks. The additional one bedroom units will be constructed in three new buildings, totaling 30,000 gross square feet. The applicant is also adding ninety parking spaces to accommodate the new units, consistent with Section 81 -1 of the zoning ordinance. B. The proposal is located within the Special Highway Overlay District and development; however, due to the residential nature of the proposal, it will not be subject to the standards outlined in Section 59.6 of the Zoning Ordinance. C. A community meeting was held on April 26, 2012 at 6 pm in the club house of the Park at Three Oaks. All adjacent property owners were notified of the meeting; however, in attendance were the President of the Cape Fear Marine Group and three individuals from the LMC group, Inc. Discussions focused on water and sewer capacity. Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 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. A. The 2006 Land Use Plan Update identifies the subject properties as Transition and Watershed Resource Protection. The Watershed Resource Protection area is the portion of the property that is already developed. All new development would be contained within the Transition area. Case Z -922, (08/2012) Page 5 Board of Commissioners Meeting 09/04/2012 10 -3 -5 B. The 2006 CAMA Land Use Update encourages intensive urban development on lands that are classified as Transition. Further, Policy 5.7 states the need to preserve the character of the area's existing residential neighborhoods and quality of life. C. Chapter 4 of the Market Street Corridor Plan acknowledges future development of the subject site as a multifamily suburban neighborhood and encourages building orientation toward the interior of the site with landscaped buffers between surrounding development. D. Chapter 6 of the Market Street Corridor Plan calls for the installation of sidewalks the entire length of the corridor, between Colonial Drive and Porters Neck Road. Staff suggests the majority of findings are positive; however, note that there are two inconsistencies with the Market Street Corridor Plan, including the configuration of the proposed parking lot and failure to include construction of an external sidewalk fronting Market Street, connecting internal sidewalks to adjacent services. Staff would propose the following conditions be placed on the conditional use rezoning permit which the petitioner /property owner must agree to for the permit to be valid: (1.) The owners construct a sidewalk along the Market Street frontage of the subject properties, providing connection with the internal sidewalks and adjacent services, consistent with the Market Street Corridor Plan and Section 67B -3 of the New Hanover County Zoning Ordinance; and (2.) Documentation of an encroachment agreement with Progress Energy with regard to the location of proposed Building 10. ACTION # 2 NEEDED: Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. 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L e TO 5 � i o il , 4 "w d 4 1i -,m ��t d Aix ?ta {� t ,�a Ian IM� . 4 Y (#, u aw M' giom z I S u I t � { L, N �s lip , , x ' Ir W F dw S rJ.;�� ! tua r a u.�,� •� s ye ar � � lYil}siitlf vtS��d,1 s�� t5 Yin So at it kz� l., 1�� , t�``, ",�'A �? �,w+° Si 1 ) jy• `�, ��z '. % acv.. \�I Y i lt } r t n w � ?17 4 ' m1 �"4��1` r 9 ° a " A a !� ��"�� - „?tY '; it all l� 4a "# `}�` ` u S M w y p n ' t.� c Ci't cttr 2111nd+ rA ` ,��; rl t {I', ; .4t, g x V t tut I M , � LL ` • .ate ,I tt �l�t 1 }, ' �� fi f }It Ir �.�;,,�„ �)�,�� M ✓R j t �+�}t ' i c rd of Commjs s Toners,` e n � 09/04/012 ' ,.. Market Street Corridor Stud ,.?tt S. � ;aa�4�;4 t, i'.is, } � t,, ,� �st� ,I,.., t..."�, , I u , f, � ,s ., { , z` . ;k _ii k . fr;t�' � a s „ "'�J�,._ 1 „ These improvements should be coordinated with on cit count and MPO studies to ensure tha ptroper connections are provided to proposed P,,,r,reenwa bike paths, and nei routes. B�- [ rovidin these essential connections, vehicular I iemands on Market Street can be reduced, reducin con and increasin pedestrian, c and motorist safet oa • " f'COnInIi's"'s"i'6ner` s Meetin f 6-48 09/04/2012 10-6-2 Board of Commissioners Meeting 09/04/2012 10 -6 -3 Jill i MEN MULTIFAMILY SUBURBAN NEIGHBORHOOT General Development Pattern Isolated Uses Street Pattern Modified Grid Residential Densit 8,.0-10 d,u,'acre 1' icaI Street Spacin 1,500 - 3,000 ft- yp Non-Residential Intensit N/A Street Connectivit Medium Pr evallin Buildin Hei 2-4 stories 7 Street CiDss Section Subw5ban Conditon Open Space Elements Nei Parks/ T Street Cross Section Greenwa Corridors Open Space Elements U) SUBURBAN COMMERCIAL CENTER MW General Development Pattern Isolated Uses Street Pattern N/A Residential Densit N/A T Street Spacin 10200 - 1"500 t Non-Residential Intensit 0.20 - 0.50 FAR Street Connectivit N/A Prevailin Buildin Hei 1-6 stones T Street Cross Section Suburban Condition Open Space Elements Protected Natural Areas/ Greenwa Corridors O904/2O\2 10-6-4 PROPOSED SITE PLAN Board of Commissioners Meeting 09/04/2012 10-7-1 f,IeN f ;. e. rx e s �np�yA �,��rpprya „a,h., , p 9 77 �,q ��g �.kA y �9 �g :.tea q UiS tl�° v��Pl� @4 Y MAI g LO 4 a n a pi WJimT lV4;u« Atltia 1.F y . L F ,a_ i= f ' L f 3 I N ddd f 9 d b a �,o , x 3 "Al ;a6 pg � l z a Board of Commissioners nn in A inn I n ` 10 -7 -2 4 a Ev 3 O ! Current Approved Plan Board of Commissioners Meeting 09/04/2012 10 -8 -1 COUNTY OF NEW R ': ATE F NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 156 Unit Apartment Complex and 21,600 s.f. Commercial Space 0 in a B Business District A. The sub propert is located within the O VFD. B. Proposed access to the site 1"-s from Market Street (US 17). Market Street is classified as an Arterial Road. C. Connection to Count water and sewer is proposed. Water and Sewer construction plans will be re Board of Commissioners Meetin 09/04/2012 10-8-3 5. It is the Count Commissioners' CONCLUSION that the proposed use DOES satisf the fourth g eneral re listed in the Ordinance namel that the location and character of the us- t- +r`r accordin to the plan as submitted and approved will be in harmon with the area in which it is to be located and in g eneral conformit with the plan of development for New Hanover Count In support of this conclusion, the Commissioners make the followin FINDINGS OF FACT: 6. Therefore, because the Count Commissioners conclude that all of the g eneral and specific conditions precedent to the issuance of a SPECIAL USE PERNflT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the followin conditions: A. That the applicant shall full compl with all of the specific re stated 'in the Ordinance for the proposed use, as well as an additional conditions hereinafter stated. Board of Commissioners Meetin 09/04/2012 10-8-4 *rdered this 2nd da of Februar 2004. F, WAV M- I W's 0 4 Board of Commissioners Meetin 09/04/2012 10-8-5 Petifloner Information °` 6 - ive, .6.3G *1101"'r. NC 284,03, 0 7 9 10-798-7053, fax �u,bjwt Fmrerty ow Eidifin Zonin and Use B2 Mixed Use Apts. i- S Proposed Zenin aud Use, Apartments PLEASE READ ALL OF SECnON 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO SUBMITTING Pefitiom must be. reviewed b Plannin & &nin for completeness pn"or to acceptance. For pefitions wivolvin five ( 5 ) ems or less, a fee of S500.00 wiU be char for those of g mater thm five (5) acres a fee of $600-00 vaill be char This fee, pa to New Hanover Count M..V§.T..accompan this petition. REVIEW PROCEDURES Petitions for conditional chan of zomin am fiM refamed to the New Hmver Count Plamin Bozrd and then azted upen b the New Hanover County Board of Corflu misionm. Complete petitions and aH supp 'Ir-famation must be accepted b Plannmi & Zonin twent ( 20 ) workin days before the Plann' Board meetin to Jlow ade ta"ne for processm' and advertisement as re b the'-%'crb cam ina General Suftna. Pa I o f 4 04 Board of Commissioners Meeting 09/04/2012 10-9-1 S, 7 1 1 .r: „tea Board r,".zedr FOR A CHANGE 0 ,F ZONING i is established to address situadons, where a particular land use would be consistent with the Condi6onal Use District Zoning New Hmover co=t Und 'Use Plan and the Zoning ordwi'831ce objective but for Which none of the g eneral zonin " in the space below baw y our re satisfies e-uh ClaSSUICRU'DIIS Which would allow that use am acceptable. You must exPlain of the followin re ( aamh additional simets if necessar L How would the m chan be imnsistent with the County's Policies ror Gi-owth and Development? The proposed wftst ex to the existing o pro VWId consistent 7.1* th the Count y" s Po I " C " eS f or Grmth oW Deve I oWt ttwL 1 ncreas i n of fordab I e tmsin in a location reod'il served b thwai access am publ"c u i propow I ex p W & 0 successful comit 'Ion this re K Board of Commissioners Meeting 09/04/2012 10 -9 -2 ,VIA a", T huee Oaks SUP 771ndin of Fact '5�312012 Reaulred Findings for fteco"ll Use Permlb Board of Commissioners Meetin 09/04/2012 10-9-3 'Va"'-shect nac A. L .W The Park at, ee Thr Oakm PROJ'EC'*r,. NAME -10 PROJECT ADDRESS 7740 Market St. DEVELOPERJOWNER Three Oaks Propert .L,C _ EXISTING ZONING -B-2 GROSS FLOOR AREA 30 s ft". NEAREST IN SECTI mar 'Is/market St. BEFORE PROPOSED PROJECT , R,, A-M PE'AK HOUR TRIPS 21 PM PEiUC HOUR,"rRIPS 25 ( T,ra ff ?'c g eneradon of 100 peak frotir trips ivill re Trafficla2pact A nal j;jeclin with Plannin Dlpartrient McAl'us. c %% [ ��A Perc.,- EstlE AT r Board of Commissioners Meetin 09/04/2012 10-9-4 WHAT YOU ESTABLISH FOR A SPECL&L USE PERMIT A uthority Speci O finposes the followin General I on th u a pplimt Under each is a ppl ica bl e , should expl in with reference to attached plans, where e use satisfies these re ( Attach addit £ 1 General Re #1 The Board must BW IL�hat the use will not materiall endanger &a public health or safety if located where proposed and developed accord' to the plan as submitted and Ing ■ See 60o J"Ir SVicc+ n Ordinance Gemeral Re #2 The Board must find "'that the use mects all re conditions and specifications!' of the Zonin See �v i1ow�nG s�cci- General necess &2 �ollnui�rq Shit General Re 04 The Board must find "'that the location and character of the use if davd accordin tothe plan as submitted and approved will be M" harmon with the am mi which it 'I's to be locate d and 'in g encul conformit with the pl an of developtnem for New Erimov or count so e -fv l io oh5 5kc �- 011MIM611 Board of Commissioners Meeting 09/04/2012 10 -9 -5 Tile Pek at T SUP Findin of F c PW-101 5/9/201'' uired Findines for-ftecial Use Permits Board of Commissioners Meetin 09/04/2012 10-9-6 M1 ^ t n w z r , „ r ,,,. , ,, r , .. r , r ,, {, t r r . r: t , \ r. r3.. , ... 1. f ! ,s. !. , .,. �, ,. 4 „ r ,..S - ..,..., , , no , , ., � c omp l ete with y i4 ,{,f 4,: � „� 1 Y. \\ t, �} }} �t^�' �t, ti ( ), Im �tU 4 {� it ems , being a d ` )' ti,xti i 7 i t r ( a , ,- , r 1 ,\ � + t ": an , e- � s c , ( 4 , ,�} ' S , 7 ,t`ii r , - l 1 �, f and It , + +(' r _. r a,„ }! ,i`}t,, } �r1` r� l ". +„ =ft, f `�7, �,'^ S , S, i,. b A li, £� ,� r1a� ' r 't `=!"+'. �� r t�- ( '� }, t , ri i, r, i + '1 ^ I+; I� {, r 1' j F`4` ''�� S( ',, I� + ^fk ys �', + ` & RzI�t, f' -,� ( ' °fib \ J , 4 , .,C Y� I`}�` i +`',^ i, 1, WIIiiiii . . . . . . . . . . a , at #- ��k t - _ ' ,�, s, ' �. � , t ` , h � , a�", 1rF � { t' (, "� tl . r 1T?s"�; +. ., },„ , �;i (4• a, ,. 3 ,. i,, , i. i ., , t , ., .,: f i 4 r - i . , i- r i. ,,, ,. s , r.; , .u.. , , �:. v , � ., s- ,, r ( t £ r i y r a r y � y ' , r }' t .,, 1 1 11 11111 Rill 1 I1, -> r 1 11 1 11 ' I _,:, , r, { S�, }, {1 1. � tali � „ ( , ,1 ., # '{ j •.: U all& A; T 5 � "irle S tie of Petitioeer andlor Property Owner Print Name MWI Board of Commissioners Meeting 09/04/2012 10 -9 -7 WROUD ENGINEERING, P.A., 102-D Cinema Dd nm WILMINGMN, NC 28403 (910) 815-0775 TO G � aIEV4[9a ors 4�caa��o�c�a WE ARE SENDING YOU El Aftached 7 Under separate cover via lwdl&--the followin items: 0 Shop drawings 11 Prints 0 Plans 0 Samples 0 Specifications [",.J1 Cop of letter 0 Chan order 0 . � ....... THESE ARE TRANSMITTED as checked below.- a REMARKS COPY TO Le Descn*ption Prepared for O 12 Properties, LLC and Three Oak Property LLC Board of Commissioners Meeting 09/04/2012 10 -9 -9 Board of Commissioners Meeting 09/04/2012 10-9-10 Board of Commissioners Meeting 09/04/2012 10-9-11 Please note that fdr q uasI j "ud*wtffiaI proceedin either the land owner or an attorne must represent the case at Its public heann ahiht or Type) as hisftrfifts exclusive, a fi3r the purpose of�pefitiomn New ( Print or T Hanov ff. Count for a Van-ances Special use permit, conditional use distr� andIbr an appeid Of staff, d"Wisions applicable to the propert desedbed in the atta&ed pcdtiom JNI, This a a shall confinue in effect untfi vMttm notice of mocadon b the owner 'is delivered to New Hanover Count This the Sth da of may - R 2012 1, _Y s Name, Address, Email & Tiiephone (P &t or T�pe) Aj T24 T , & r,!OOL 11� i , " , . . . . . . . . . . . . ff"mIgg, MI, 11 Board of Commissioners Meetin 09/04/2012 10-9-12 Board of Commissioners Meetin 09/04/2012 10-9-13 SIGN 4 ' {'; -- z {I� � ( `` i "' � J` I> 4/ 't{ 1, }� If �i� it° ` �)r� t}}} i , sy 1' $� 1, � t y 1, 2, 35 4. Porters Neck Bus. Park COA ��ti JtIJ4-Llil 5, 6, 7, 8, 98 1-11, � Maste is � i l? ��: I r, h ! 1 � " � t 5 e Board of Commissioners Meeting 09/04/2012 10-9-14 ADJOINING PROPERTY OWNERS TIM PARK AT TBREE OAKS, Ogden 1 r Prope LL� R0 I .�iZ f� f '4;� : 163 0-110 ? y f hj 1` } { t 7 t ' t Cu Rd „ i} ( ai ! i /,i, { on NC 2 8403 0} Prop Addressi: 7740 Market St. z P t 958 r ° L a nd ix ,.t. 2. C Fear Grou t�` 1 C �` } { C' 4 � }' I} . (� � � � ''t } \ I`} f t' f I„ Marin i , 94 10 Vo W f i , r t n N 28412 r Add � t ° „ M ar k et � � 'r �`� }} Kt h ° �tx 5 55-Ma ri n e � r �s ) 3 Cape F r Marine , 0 li roup (r LC R 000 1 r! ! I d "ti`� #t � } t�t �t s s 7718 �b � } } i I 3, �v. �� ,, ` ' Market 1S�'tj, p f '`} it IS ,. ,, q� District Ii . t 14 f, �t,R iG 1 4s iA Kr, L H owell R03600 8 ai S ound k , � D } ( r ty 4 4 2 Prop Address- � �, ( �S i . S tr,, 0 � Market It t , t 14 1 ,, B us= ' Ss D ist r ict 6 'qtr C s , � iI( { + t1 ! n Contr I t ,,, ut } r } s (} P r o pe r tie s, 4 i tr `� i � z zi 5 t I„ 4 7 fi# t it ,� W ,fti {l I };ti ft" i i \ i 4 , C'C II F Wilmfii NC Prop A ddr ess- , �# t ISl U c r f`5 Land �� S ' �i 4{ � I Market t }, , , ( 958 S !} f4t �- ��f I S �t� 4325 El Ave, I Bronx, NY 10466 Board of Commissioners Meeting 09/04/2012 10-9-15 Prop Address: 7758 Market St. B2- Business District — 3. 1 0Aa 958-Urti,used Land 7. Geor E. III & Etal Saunders — R03600-005-027-000 P.O. Box 1035 Wri BeacJi. NC 28480 121tup Address a. 7750 Market Sts Busm'ess District — 0. 14Ae 958-Unused Land 81 Jabe V. & Shirle L. Hardee — R03600-005-020--001 409 Ifi Dr. Wihnin NC 28405 Prop Address a, 409 Hi Dr--,, 14s 07Ac s 13'il. Sean A Krue (Famil Tnat) — R03600-004-007-OtO 8528 Lincolnshire Rd, Jacksonville, FL 32217 ftop Address: 7755 Market Sf. 3,14Ac 958-Unused Land Prop Address: 7775 Market St. 315Ac OAC — Owners Assoc. Common Area Board of Commissioners Meetin 09/04/2012 10-9-16 " Y, I''A ask itt Lrl ru UNIX tr I CIA W M nj Cr gj ! ffiZ - I Fee 0 E3 Rftra RWoW FC-L C3 CEndone�14s4pAmd) FmtdcW Def^ Fe-s C3 (Eflexamwd P-94WAMM ni cl) nj lWaN4 Poste & Fan w C3 w Ni 7YFO C 3 r%- g D v Board of Commissioners Meetin 09/04/2012 10-9-17 N Board of Commissioners Meeting 09/04/2012 10-9-18 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 REGULAR ITEM: 11 DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner; and Chris O'Keefe, Planning & Inspections Director (PB Rep: Anthony Prinz) CONTACT(S): Sam Burgess, Senior Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Road Closing (SC -92, 07/12) - Request by the Cape Fear Public Transportation Authority to Close a Portion of Division Drive Located Between the 1500 Block of Castle Hayne Road East to the Ramp of Martin Luther King ,Jr. Parkway BRIEF SUMMARY: The Cape Fear Public Transportation Authority ( CFPTA) is requesting the County close a portion of Division Drive (private road) in conjunction with NCGS 153A -241. The purpose of the closure is to provide additional area to place and construct a new WAVE facility. It would be a maintenance facility, enabling CFPTA to move maintenance from Castle Street to this site. The new proposed facility should be an asset to New Hanover County and closing the road will allow CFPTA to utilize their site more effectively. Further, since the completion of the Martin Luther King Parkway, this road no longer provides access. Staff recommends approval of the Division Drive road closure request. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the Division Drive road closure request. ATTACHMENTS: SC -92 Script SC -92 Staff Summary SC -92 Adjacent Property Owners Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 09/04/2012 11 -0 COMMISSIONERS' ACTIONS: Approved 5 -0, to become effective when the easement is provided between CFPTA and CFPUA. Board of Commissioners Meeting 09/04/2012 11 -0 Item # 11 SCRIPT FOR ROAD CLOSING (SC -92, 07/12) Request by the Cape Fear Public Transportation Authority to close a portion of Division Drive located between the 1500 Block of Castle Hayne Road east to the Ramp of Martin Luther King Jr. Parkway. CHAIRMAN DAVIS: 1. The Board needs to conduct a public hearing regarding the closing of Division Drive located between the 1500 Block of Castle Hayne Road East to the Ramp of Martin Luther King Jr. Parkway. 2. Is there a motion that the Board proceed to hold a public hearing on the closing of Division Drive located between the 1500 Block of Castle Hayne Road East to the Ramp of Martin Luther King, Jr. Parkway. 3. A presentation will be presented by staff followed by public comment. 4. The Board will hear anyone who wishes to be heard on the closing of a portion of Division Drive. 5. (Receive Comments) 6. Close the public hearing. 7. Commissioner Discussion 8. Is there a motion to adopt an order to close a portion of Division Drive? Board of Commissioners Meeting 09/04/2012 11 -1 -1 ROAD CLOSING PETITION SC -92, 07/12 Request: Close Portion of Division Drive (private) Petitioner: Cape Fear Public Transportation Authority Location: Near 150 Block of Castle Hayne Road (east side) General Information The Cape Fear Public Transportation Authority (CFPTA) has requested the Board of New Hanover County Commissioners close a portion of Division Drive. The portion of road to be closed is between Castle Hayne Road (1500 block) and the ramp to Martin Luther King Parkway for a distance of approximately 675 feet (0.13). The road is improved and contains a 50 foot right -of -way (see site map). The road was officially abandoned for public use by resolution by the Board of County Commissioners in April, 2012. Official action on the abandonment by the North Carolina Board of Transportation (NCDOT) took place in June, 2012. In accordance with NCGS 153A -241, a Resolution of Intent to officially close the road was adopted by the Board of Commissioners on August 6, 2012. The adopted resolution provides for a public hearing before the Commissioners which will be held September 4, 2012. Staff Observations As displayed on the attached map, three (3) parcels front along the portion of Division Drive proposed to be closed. All are currently owned by the Cape Fear Transportation Authority. The area is zoned I -2 Heavy Industrial. No natural resources exist along or near the road. Eight (8) buildings located on the south side of Division Drive were formerly NCDOT offices. The buildings are not currently occupied. Access to these buildings is from Division Drive. The site contains approximately six (6) live oaks of at least 30" in diameter. Petitioner Comments The Authority purchased the property off Division Drive in 2008. Plans are to construct a maintenance and operations facility on the property to replace a facility currently located on Castle Street in Wilmington. During the design and engineering phase, it was discovered that six live oak trees would significantly impact the Authority's ability to construct the new facility. The Authority subsequently purchased three parcels in off Division Drive to combine into a single parcel to mitigate the trees situation. The Authority understands that the CFPUA will need a public utility easement that matches the right -of -way to be closed. SC -92, 07/12 Page 1 Board of Commissioners Meeting 09/04/2012 11 -2- 1 Agency Comments Opportunity to comment on the proposed road closure of Division Drive was provided to the Cape Fear Public Utility Authority (CFPUA), County Engineering, County Fire Services, and the Wilmington Planning Organization (WMPO). County Fire, County Engineering and the WMPO did not have any issues with the proposal. However, The CFPUA indicated that public utility easement(s) would be needed if the road was officially closed and the right -of -way turned over to the CFPTA. Staff Recommendation Staff feels that the new proposed facility will be an asset to New Hanover County and that closing the road will allow CFPTA to utilize their site more effectively. Further, since the completion of the Martin Luther King Parkway, this road no longer provides access. Staff recommends approval of the Division Drive road closure request. SC -92, 07/12 Page 2 Board of Commissioners Meeting 09/04/2012 11-2-2 IL 0 a Awl C>u-, Cy rZ GD Cq CL LL C p 11 M cm CP NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 4, 2012 ADDITIONAL ITEMS ITEM: 12 DEPARTMENT: PRESENTER(S): New Hanover County Negotiation Team CONTACT(S): Chris Coudriet, County Manager SUBJECT: Presentation of Negotiated Contract with Covanta for the Retrofit of, and 20 -year Operation of, the Sustainable Energy Facility (SEF) BRIEF SUMMARY: In June, the Board directed staff to begin contract negotiations with Covanta for the retrofit and 20 -year operation of the Sustainable Energy Facility. The county negotiation team will outline the contract terms and provisions. A two -hour work session has been scheduled from 2:00 pm to 4:00 pm on September 13, 2012 to discuss in detail the provisions of the contract as presented. Staff intends to ask for execution of a contract September 17th. STRATEGIC PLAN ALIGNMENT: Effective County Management • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear staff presentation. A mm A 9__'uA41UXT9rc. Executive Summary of Term Sheet SEF Contract Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear staff presentation and provide direction to staff regarding the September 13th, 2012 work session. COMMISSIONERS' ACTIONS: Heard presentation and gave staff direction. Board of Commissioners Meeting 09/04/2012 12 -0 DATE: TO: FROM: NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 230 GOVERNMENT CENTER DR STE 195 WILMINGTON, NORTH CAROLINA 28403 -1732 TELEPHONE (910) 798 -7184 FAX (910) 798 -7277 September 4, 2012 County Commissioners Chris Coudriet, County Manager CHRIS COUDRIET County Manager AVRIL M. PINDER, CPA Assistant County Manager TIM BURGESS Assistant County Manager SUBJECT: Executive Summary of Contract for Retrofit and 20 -Year Operation of the Sustainable Energy Facility (SEF) by Covanta The following pages describe key provisions of the contract. For ease of use, it is helpful to understand the contract is structured into three separate time periods: ■ Development Period which includes achievement of the conditions necessary to begin construction; ■ Phase 1 which includes the design, permitting, and retrofit of the SEF, and culminates in acceptance testing; and ■ Phase 2 which includes the operation, maintenance and repair, and management of the facility. This executive summary will describe the generally applicable previsions and then address the provisions of the Development Period, Phase 1 and Phase 2. A. General • Service Recipient and Facility owner: New Hanover County • Service Provider: Covanta New Hanover Renewable Energy, LLC • Term(s) : 20 -years from Acceptance Date Renewable by the County for one 5 year extension upon the same terms and conditions as the contract. Renewable upon mutual agreement of County and Company for a second 5 year extension upon the same terms and conditions. • Security for Performance: Parent Company Guarantee Phase 1 Letter of Credit = $2.5 million required. Phase 2 Letter of Credit = $5.0 million required. An incremental $2.0 million of security is required if there is a Material Decline in Guarantor's Credit Standing. 1 Board of Commissioners Meeting 09/04/2012 12 -1 -1 Construction Payment Bond and Construction Performance Bond in amount of total Phase 1 Retrofit Price. •Company Events of Default without Required insurance Cure Rights Failure to Achieve Acceptance Insolvency of the Company of Guarantor Voluntary or Involuntary Bankruptcy of the Company of Guarantor Guarantor Credit Standing — Failure to Provide $2.0 million credit enhancement Substantial Non - Performance • Company Events of Default with Representation and / or Warrantees by Company or (Guarantor Opportunity to Cure: under the Guaranty Agreement) found to be false or materially inaccurate Company fails to make payments owed to County or perform any material obligation under the contract (not due to an Uncontrollable Circumstance) • Uncontrollable Circumstances (UC) Includes: Changes in law; acts of God; explosion, fire, war; electrical power outages; other events; Excludes: a) anything that would not have occurred if the affected party had complied with its obligations; b) changes in any interest rates, other rates, wages or wage laws, costs, or general economic conditions c) changes in County financial condition d) consequences of error, neglect or omissions by the Company, Guarantor, Affiliates or Subcontractors e) Changes in Law that do not impose more stringent or burdensome requirements f) Discover of Hazardous Materials or Regulated Substances disclosed to or caused by the Company. Company receives relief in respect to performance and damages • "As -Is" Risk The company accepts "as -is" risk with exception of a carve out for asbestos and condition of the turbines. • Limitation of Liability By Company in $58.0 million until the first anniversary of Acceptance Date, at Respect To Termination Damages which time it lowers to $40.0 million. On the tenth anniversary of the Contract Date, it lowers to $15.0 million Excludes: a) economic, construction or operating losses sustained by company or guarantor; b) any losses, claims and liabilities to 3rd parties in any legal proceedings; c) any amounts paid to the County by the Company as a result of tort; d) any non - performance damages paid to the County prior to the date of termination; e) any fines or penalties paid to any Governmental Body and f) any indemnity payments made to the county. 2 Board of Commissioners Meeting 09/04/2012 12-1-2 •Intellectual Property Rights: All intellectual property developed by the Company at or through the use of the SEF or in connection with the service contract will be the property of the Company. The County is granted a free, non - exclusive, perpetual license to use the technology at the facility. • Assignment Rights: Company and County require prior written consent of the other to assign its rights or obligations of this contract to another party. The County may assign rights and obligations of the contract to another governmental body without prior consent. • Change Orders /Capital Modifications Requested by the County (or Due to Uncontrollable Circumstance) then the County pays cost plus 10% or a negotiated fixed price Requested by Company, then the County makes no additional payments • Billing: Monthly billing (includes damages and credits); Annual true -up County Right of offset B. Development Period • Company Responsibilities: Provide required $2.5 million LOC Provide Construction Payment and Construction Performance Bonds and confirmation of Guaranty and Guarantor financial condition Provide certificates of insurance Obtain Governmental Approval s • County Responsibilities: Provide reasonable assistance in obtaining Governmental Approvals C. Phase 1 • Company Responsibilities: Design, obtain all remaining permits, and retrofit the SEF in accordance with Contract Standards. Meet Acceptance Test Standards. Damages for reduced standard of acceptance — proportional reductions to Phase 1 Retrofit cost and Phase 2 Service fee Cooperate with all permitting activities • County Responsibilities: Finance and pay Phase 1 Retrofit price Dispose of residue 3 Board of Commissioners Meeting 09/04/2012 12 -1 -3 •Company Guarantees of Schedule: Construction Commencement anticipated to begin 16 months from Contract Execution. Construction completion within 450 days from Construction Commencement. Delay Damages of 125% of tip fee if Acceptance not achieved on time • Termination: At Any Time, in the event of County election due to Cause, the County has no payment obligations and could sue for termination damages. Prior to Notice to Proceed (with construction) Due to Change in Law /regulatory costing more than $5.0 million in additional capital and operating expense over the contract or ongoing legal proceeding failure to obtain permits (but not due to Company fault): • County Election: County pays 50% of Company permitting costs from selection plus up to $250K of 3 d party development costs from Contract Date • Company Election: Company pays County for all 3 party costs from 6/ 12/12 not to exceed $500K Due to Company failure to meet Commencement Date conditions (excluding items above) within 1 months : • Either party elects, no payments exchanged. • County Election: Due to Change in Law /Regulatory costing more than $5 million in operating expenses over the term of the contract: o County pays 50% of Company permitting costs from selection plus up to $250K of 3�d party development costs from Contract Date County election for Convenience — County pays 100% of Company permitting costs from selection, up to $250K of 3 party development costs, plus $500K After Commencement of Construction but Prior to Acceptance Date County election due to regulatory issue that would require $8.0 million in additional capital and operating costs over the life of the contract • County pays 100% of Company's work performed after construction commencement plus demobilization costs not to exceed $1.5 million. N Board of Commissioners Meeting 09/04/2012 12-1-4 D. Phase 2 • Company Responsibilities: Provide required $5.0 million LOC, confirmation of Guaranty and Guarantor financial condition, and certificates of insurance. Operation and maintenance of SEF in accordance with contract standards and performance guarantees • County Responsibilities Pay Phase 2 Service Fee = Base operating Fee + Excess operating Fee + Pass - Through Items + Revenue Credit + or — Extraordinary Items (including Performance Damages) Dispose of ash and unacceptable waste • Company Guarantees of Performance 150,000 TPY throughput (adjusts based on HHV) 34,000 MWHr minimum in Year 1; Retest end of Year 1 and guarantee becomes the greater of reset or 34,000 MWHr / year. No revenue share with Company until X39,000 MWHr / year (or guarantee level, if higher than 39,000 MWHr / year). Environmental emissions guarantees Residue Guarantee (quantity and quality) Metals recovery guarantee Performance damages for non - performance • Phase 2 Service Fee and Excess Waste Annual escalation based on % change in CPI -U Southeast index, Fee Escalation with a minimum of 1 % and a maximum of 5 % increase • Termination County election due to event of default without cure rights or failure to cure event of default with cure rights within allowable time. County election for Convenience — County pays Company demobilization costs not to exceed $1.5 million plus $10.0 million. Subsequent to the 10"' anniversary date of Acceptance, the $10.0 million amount declines monthly by 1/120. If the contract is renewed then the total fee for termination for convenience is $0. 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S 4 1 1 k N 01 ,t cs -- s � t s11t�\ i l f1 S ��F s t }\ 4 ?t}ls sJ rtV2 {c4 ;f'•�� \its\ }�2 \$�1�1 \iii +(t. sr t ' f,f t\ , j a 3 S 1y\ f14 IZS4F �i'��f ��111\ ( 1 �k 1� 1 \fit, � ?911 N 01 O N � L 0 i c u .0 MM CL � cn a) U S Q) 4m=J a amo '0 tU � U � v cr, O U all% m 0 0 � � V 0 MMO '0 0 9 � u UO ca � c 0 (1) 4mJ a LM Q) Iwo =3 =3 .= U � (1) N � c ca U — (1 �., r'**4 L. 4o=J 4 mmm O (1) UO 0 cn � � c� c: u � 0 o cr No= 4-0 w > 3 $ a a� z • • • • . . .......................... . Board of Commissioners Meeting 09/04/2012 12 -2 -9 N O O � N � i cu N EL W � to 0 W V U Cep u Ul E V � Q � � E O 0 0 U � N N Q) Ln moo Ln O V o V) 0 mommm (U Lon 0 3 ¢ z � � . . .............. . ............ Board of Commissioners Meeting 09/04/2012 12-2-10 - }' 0 L O cu � O E W `~ W 0 Lon cu V r-I - C6 — Q � V Cu EL a-j a) c 0- C� Q� Q� c a-j O cn _ 0 v ca 0 41 V) Jc: 0. Ln V) QJ O Q1 cn O Ln N O S O ' N N C.� • — +-j � to � - 1 Q� 044 U .0 N ONEEn - 0 m Ln r-i CL c: cu Ln c O E � bn Q� c: ` ! V 0 a Z 0 1 L Ln E cn v 1 0 0 c� c 00 CD Q) -0 Q) Q) O 4-j 1 d1 W }, ' — c: c� Q� V C6 c: -- Ln n' 00 E c: - c: - 1 ( W Lr) ■ - c: ru 4-j LM c� 4J')- x w +� v) V) a M r O O t/) c: Q� LL }' c: O (1) V � O E � O � CL > +-' CL • =3 { p 0 •� O a Lon 0 b n' W �- V) V � l W A, W C6 - C6 4 LL .c: CU z V) a V x � Q) z 0. f w U Board of Commissioners Meeting 09/04/2012 12 -2 -11 a� a a ) r �) ) S )`sj i tiy t \ �fJ t o #, s +, }l t ), a sr tli' ?a, jsrr �`) -1ij1 �it � sitii'� ) tdtlit�isi� (t • • L Q) O O O m n W 4-j c 4--j U U w L O Z3 E 4-) E c G� C =3 E E 0 �— � C� ' O N , O .— 4 m Z ca p c� .�.; � C z � � O W bz �O p m O =3 O O w }, — > O > a� a� a W • • L Q) O O O m n W 4-j c 4--j U U w L U O _ C ca 4J Z kh O 4-j C U m Z O � .�.; O C z � � o V 1 p p m t�10 0 aj 4-J O O > O O m E "0 O O +� . O r (I CL L p V V) r no�o U o 4J • �0 = O p Ln O z Ln 0 v) 4-J N 0 ", O O -0 O o Ln aV O O r > r Ln -tn — • • 0 0 O U O _ C ca 4J Z kh . 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Board of Commissioners Meeting 09/04/2012 12 -2 -13 4mJ u t�i '� ��ti 1 r� 7 � �i 0 0 r a--+ rrrtr r, tt =3 E �r,r � 0 0 �� tt� r V) (1) r ry a) 4mJ c� LL � Lr) Lr) — 0 _ rml 0 O U 0 p z 0 1� 00 (U 0 4-j Ln u 0 U �-j - CU J � � m aj 0 u C O � Lon t�i '� ��ti 1 r� 7 � �i E 0 r �r � rrrtr r, tt E �r,r � �� tt� r r ry 0 E 0 0 E LL CL a) Lr) Lr) &A rml U 0 p z 0 00 (U 0 4-j Ln u 0 U �-j - CU aj 0 u C Lon (U 73 0L -0 rr) Lr) 00 (A 0 0 0 u ft b-0 bn U to 0 k.0 0 cuc CY) 4-J aj 14480 4ma (A 4-J aj • 0 CL X • 0 OIND 4-J 401 E Jc U o (U bD CL LM u • u 0 r*4 r014 c E OON= 1111 Lr� a > Cy) 0 R::Im 4=1 LIn (U bn M C3) E c: u -V)- -V)- u W -------------- ------------ Board of Commissioners 09/04/2012 Meetin 12-2-14 � ti tr �� 4 ,J11sfi S1 } Jit tf ;i��tN{ J i 1Y 6_ }i 2. �tf\ t t 1\ J s €} 4) „ e y ,c t v F 1�� t , ' t „t t {kk �1it t} v } ti p � tPit 1,. x, ,r S } t 4 t i; €J� qtr M i�i�€'i �� k 1� f ,t t�r � r(} )i l ,f v ' JA {t `j rt' n , r, gut' „j x } r }r \ 1� k, x } r }r \ 1� 'r\ \ t Ij 4 t �` f S V 74r i t } i tr /r S: i 144: \� r t w 3 r \ 1 4�„ t s?�as 4 i. z., Sr 4 , i S 'Y r r \fi y it ,t \ t Ul Sx s t , 4rz�... J€ t� � t t t Jrr f i a j t \y� t 4 , JJ \J S�j\ S s 4 r t t t S} t ' t s' i! �t} 4r + s i �l f . a° z O c0 a� a U 0 f6 i U t t t 1', 4iti 1 s rx (u s� r ;a s ' f 1 . s �\ rj t � t,,, •t� a1 , tip it ti j et 4 } \r Pf t` dr' t tsl, c 0 U IMO i fB 0 m L Q1 (1) emo O cB „ r >, 1 'X a ` , } „ r i'. s { rtr r \,14 tX 1 ? irlx} r }' Board of Commissioners Meeting 09/04/2012 12 -2 -15 , t h, ,fin ti ul is 7S ' 2{ t}' r,. ,J { 3, F ,. ,rN l s t, t f . {� F 4 , }} ,r u' , rsy sy; rti• moo v Ln t S, � } r r}, v 2. a �y S, 1. t ; Ali , 1, ti �l , i � ';e I'll, J { d� a, , 3 ; r , c , 1 r i , 1 , t rr i s , rs F r, }.r ti o, i' }, r �r f , r u;t ;tr r, , 1 fi 1� 1 t .{ 1 }� r i , rs , 1'r 4 i � , �s 0 L.n lD to cr r-I 2 O a-+ N ca w , rs i 1 . r t �ii ;tr t „t ,r tr r „s H r r \,14 tX Board of Commissioners Meeting 09/04/2012 12 -2 -16 1 titi 1 4ut # > >� r�t'tir}11; =ll�'jr1 x "t { s s�} }lty s3 { fs z 4 ��s # 1 r,r' 1 l� t 1�a t � �t k # 1 } V ._ Q M �-I M r,4 N` N s O O O N 00 '�I O�1 L.r) O 0 M r 00 M LM �V �C/ aV O N N J 0 1 CA N Vl - X • x a U 0 2 2 2 u O U.0 to 2 O U 0 .° O Z 0 s > N LL 2 2 M °' -j � " Q v O LL O . Ln 00 O . 40 I� N I� N lD 00 W N M N O L n N a1 0 0 ._ O O O •M M Z LM tuo u O � L U Q) Q— W ._ O O CU > � ru O LL LU fa =a 4-J =3 = W a) 0 MMO u 0 > > u > 0 Lon 0 < < W c G O mmo E V) mmo O U ■ _ o 00 Board of Commissioners Meeting O ~ 09/04/2012 12 -2 -17 rr ' o o N LU N N O � ._ O O rl rl � N W �t k # 1 } �V �C/ aV O N N J 0 1 CA N Vl - X • x a U 0 2 2 2 u O U.0 to 2 O U 0 .° O Z 0 s > N LL 2 2 ca a °' -j � " Q v O O . Ln . L 0 O •M LM tuo u O � L U Q) Q— ._ O O CU > � ru O c: LU fa =a 4-J =3 = a) 0 MMO u 0 > > u > 0 Lon 0 < < W c G O mmo E V) mmo O U o Board of Commissioners Meeting 09/04/2012 12 -2 -17