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Agenda 2012 10-01New Hanover County, North Carolina I F - Ll L October 7, 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 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 OCTOBER 1, 2012 6:00 P.M. MEETING CALLED TO ORDER (Vice - Chairman Jonathan Barfield, Jr.) NON - SECTARIAN INVOCATION (Reverend Cheryl M. Walker, Unitarian Universalist Fellowship of Wilmington) PLEDGE OF ALLEGIANCE (Commissioner Jason R. Thompson) REMARKS (Ted Davis, Jr., North Carolina House of Representatives and former New Hanover County Commissioner) ELECTION OF CHAIRMAN AND VICE - CHAIRMAN (Wanda M. Copley, County Attorney, Presiding) FIVE - MINUTE BREAK APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings 3. Ratification of a Community Emergency Response Team (CERT) Grant Application 4. Approval to Accept Funding Allocation from the Federal Highway Administration to Construct Bike/Pedestrian Paths in the Middle Sound Community 5. Approval of Amendment of New Hanover County Ordinance, Chapter 38 6. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:20 p.m. 7. Consideration of Domestic Violence Awareness Month Proclamation 6:25 p.m. 8. Consideration of CROP Hunger Walk Month Proclamation 6:30 p.m. 9. Consideration of Disability Awareness and Employment Month Proclamation 6:35 p.m. 10. Consideration of Fire Prevention Week Proclamation 6:45 p.m. 11. Update on New Hanover County Schools' Application to Serve as Directing Agency for the Head Start Program 6:55 p.m. 12. Consideration of Bald Eagle Lane Special Assessment - Salt Water Intrusion 7:10 p.m. 13. Consideration of Request for Contract Renewal of Engineering and Surveying Services Associated with the Mason Inlet Project (Year 11 -15) with Gahagan and Bryant Associates, Inc. 7:20 p.m. 14. 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 Board of Commissioners Meeting 10/01/2012 8:00 P.M. 15. Public Hearing 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 10/01/2012 Rezoning Request (Z -918, 04/12) - Request by Walter Pete Avery on Behalf of Horn Road, LLC to Rezone 2.49 Acres of Land and 1.70 Acres of Right -Of -Way from CD(O &I) Conditional Office and Institutional to CDZ (B -2) Conditional District Highway Business 8:40 p.m. 16. Consideration of a Resolution that County Commissioners will Serve on All Applicable Boards and Committees 8:50 p.m. 17. Consideration of Policy Clarification 9:00 P.M. 18. Public Information Discussion PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 9:20 p.m. 19. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:30 p.m. 20. 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 10/01/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Vice - Chairman Barfield CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Work Session Meetings held on September 13, 2012 Agenda Review Meeting held on September 13, 2012 Regular Meeting held on September 17, 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 4 -0. Board of Commissioners Meeting 10/01/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 2 DEPARTMENT: PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings BRIEF SUMMARY: Consider drafts of suggested dates for the 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings. ATTACHMENTS: 2013 Agenda Review and Regular Meeting Schedules (Combined) 2013 Agenda Calendar COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 2 -0 A Review A Review Re Meetin Dates Regular Meetin Dates Meetin Times Meetin Times_ Location,.- NHC Gov't Ctr. Locatiow NHC Historic Conference Room 601 Courthouse Thursda Januar 3 4:00 p.m. Monda Januar 7 6:00 p.m. Thursda Januar 17 4:00 p.m. Tuesda Januar 22 9:00 a.m. Thursda Januar 31 4:00 p.m. Monda Februar 4 6:00 p.m. Thursda Februar 14 4:00 p.m. Monda Februar 18 9:00 a.m. Thursda March 7 4:00 p.m. Monda March Thursda April 4 4:00 p.m. Monda April 8 6:00 p.m. Thursda April 18 4:00 p.m. Monda April 22 9:00 a.m. Thursda Ma 2 4:00 p.m. Monda Ma 6 6:00 p.m. Thursda Ma 16 4:00 p.m. Monda Ma 20 9:00 a.m. Thursda Ma 30 4:00 p.m. Monda June 3 6:00 p.m. Thursda June 13 4:00 p.m. Monda June 17 9:00 a.m. Thursda June 27 4:00 p.m. Monda Jul 1 6:00 p.m. Thursda Jul 11 4:00 p.m. Monda Jul 15 9:00 a.m. Thursda Au 1 4:00 p.m. Monda Au 5 6:00 p.m. Thursda Au 15 4:00 p.m. Monda Au 19 9:00 a.m. Thursda Au 29 4:00 p.m. Tuesda September 3 6:00 p.m. Thursda September 12 4:00 p.m. Monda September 16 9:00 a.m. Thursda October 3 4:00 p.m. Monda October 7 6:00 p.m. Thursda October 17 4:00 p.m. Monda October 21 9:00 a.m. Thursda October 31 4:00 p.m. Monda November 4 6:00 p.m. Thursda November 14 4:00 p.m. Monda November 18 9:00 a.m. Tuesda November 26 4:00 p.m. Monda December 2 6:00 p.m. Thursda December 12 4:00 p.m. Monda December 16 9:00 a.m. *4PM Start time to be ad accordin to number of a items Conference Dates NACo Le Conference, Washin D.C. March 2-6, 2013 NCACC Le Goals Conference, Ralei NC Januar 24-25, 2013 NCACC Count Assembl Da Ralei Count NC (Date TBD) NACo Annual Conference, Tarrant Count Worth, Texas Jul 19-22, 2013 NCACC Annual Conference, Fors Count NC ("I"e.n.11all-fi7e) Au 21-25, 2013 Board ofh oo mis 0 sioners Meetin Chamber Conference, Washin 1 1/2012 September 2013 (Dates TBD) 2-1-1 M O C 4 4 101INNI 10moll 1011111 1WHOMME cc r co 0 IMMUNE 1019ml MENNEN 0051001 cn E Ca O cu 100MMME Qc/) lowuml 310mlil �E Cn 0 ME aj 0 -0 ~ E O 1161mul 1119ml 0-0 Ln ❑ �� •� CL a� ca : c�� >'o 0 0 MENNEN 10moll luffimml 1WHOMME cc r co 0 IMMUNE Immulil MENNEN MENNEN cn E Ca O cu 100MMME Qc/) INHEMN 310mlil �E Cn 0 mliilml aj 0 -0 ~ E O 1161mul MORONI 0-0 Ln ❑ �� •� CL a� ca : c�� >'o 0 0 olummal U i ° V! c: L- c , 0 cu 4 -j +J V) 0 T L 0 - 0 C6 co _ a� O ca C6 0 a) 0 U D ■BBB■ O N O U O V U) U 3 101 1i l ® c6 • cn — cu a O Slummul �•� —j U�UU -j U L) < a JD 00 L) O E. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 3 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Emergency Management and 911 Communications Director and Kristen Skinner, Emergency Management Specialist CONTACT(S): Kristen Skinner, Emergency Management Specialist SUBJECT: Ratification of a Community Emergency Response Team (CERT) Grant Application BRIEF SUMMARY: New Hanover County Emergency Management requests ratification of an application for a $2,000 Community Emergency Response Team (CERT) grant that will assist in performing background checks on volunteers. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify submission of the grant application. ATTACHMENTS: CERT Grant COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 3 -0 PR CERT Title Page Count Now Hanover Coun'.tww TYPF- OF ORGANIZATION Municipal or count g overnmont-w. Count Government LEGAL APPLICANT INFORMATION t Contact Perillson: Kiisten Skinner �S Strelot/Mailin Address:. 230 Government Center Drive, Ste. 115 Phonem, 910-798,.-6906 Fax 91 0-79"904 Emails. ksk'l'nner@nhe N. C. G. S. § 133-32 and Executive Ordar 24 prohibit the offer to, or acceptance b an State Emplo of c t o !y a ?� ,, a nyone J v s s � y ) �C 4' S tat e, t s � 4 . � S} , �R . � �i s �i � t t { j for o r g ani z ati on a nd its e age nts, #1 w e r 4 .l i' { 7- t an 44 g ift has been 4 accepted anize ,, or promised b an emgoyees of your org ' tion. SIGNATURE (Le Huk ppl' nt) I F�rol' Fe - c F H v6- j6 - i, it Si g nature Title lute EN RSEMENT: COUNTY EMERGENCY MANAGEMENT OFFICIAL (riet h : . + nature Tibe L Date it s 4 t F or litj i j ,�s } IIIf7 tt, (t ?lt I I is Use }fs , }, 4`t Vii` to tti ?� �,,, s11s , Reque Amou f 11 Re s c` s 3 , j j I i a � 1 f iir t,.., , f 7 2, } �� I a =m e n d e d i t 'rt; .t �.t. a fit,{ ,t,,t s�t',c,'- ��'$, � �rr � �N�.` Board of Commissioners Meeting 10/01/2012 3 -1 -1 CERT PROGRAM GRANT APPLICATIOV Application Overview Communit Emer Resporme Tearn ( CERT ) Pro Name: New Hanover County CERT Pro Contact Email/Phone: Kristen . BUDGET II � ( flinstem ) Plannin E Tr WhI n g Exer Total Amount of Proposal $ 2 (not to exceed ;62,000) Project Descriptionw The New Hanover Count CERT pro Improves the overall preparedness of the citizens of New Hanover Count and g ives them a better understand*In of the county's emer response s Our communit is better prepared when our citizens are . . e with the knowled to care for themselves should first responders be dela such as in the case of tropical storms and hurricanes. New Hanover Count CERT amirns to train additional cmitizens each y ear b offerIng basic CERT wr We Sustain our pro b offerin additional tra I inin opportunities throu the y ear. Currentl we offer trainin to provide disaster preparedneSS li in cooperation With our communit partners such a; Pub 2 Board of Commissioners Meeting 10/01/2012 3 -1 -2 exercises such . Hurricane Expo, Show, | Exercise, Shelter Fire Expo and Safet Saturda Recruitment occursin the communit at various disab support g roups and . !cal churches. In the past, we have tar seniors, low-income and special med needs . \100 We are askin for ` ' volunteers. Screenin "is | sInce CE RT , representation Hanover , Implemenfin a procedure for screenin volunteers ma allow us to look at other opporturiltles . . . . ThIs funding , will allow us to run all the back necessar checks but will help ( ^ , . , procedure. PROGRAM CERT DEVELOPMENT Goals, Ob Measurement Process, Compledon Date Develop and implement a method 1br ) volunteers. : Update the CERT membership roster and . , k volunteers. Implement procedure for runnin back checks on ' volunteers. Measurement Processes Roster update should be completed no later than October 1 > - Background check forms All distributed ! ! Background checks should be run on existin " active " volunteers b Januar , . m Complet Goalm January ■ Board Of Commissioners Meeting 10/01/2012 3-1-3 Bud Narrative'.' Plannin funds in the airount of $2,000 will be used to pefform back checks on U active" CERT volunteers. The cost of back checks varies g reatl y dependi"n on how many states a person has livedIn and how man names the have used ln those states. The avera cost would be around 100$, This Woll allow us to perfonn back checks on approximatel 20 volunteers. Board of Commissioners Meeting 10/01/2012 3 -1 -4 i r I L) 0 06 0 L C L 0 m W 0 2 E 0 m >- CU ". 0 L C > 0 .� C L w 0 + . M Ln E ow W U �4 Lm E '0. E CL 0 0 L 0 m ci 0 0 J- 0 L x L t� LU u L Ln o L a > C � L1J L � Ln . 0 0 +-? 0 C ■ Ln -o n Ln u U z rl ■ ti 0 4mi MO Ma M 0 0 0 1. 0. 0 0 0 P4 u M 0 ■ 1� (U w E > D� 0 E 2 0 r. co Mc 4-J a E .0 +j 0 0 Z fA t a Z E 0 Ln 0 CL w M w VI fi 4 0 . 2 L. r. co 0 N >1 4-P cn 0 w G 6 0 0 CU CU rCU r. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 4 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Planning Manager CONTACT(S): Shawn Ralston, Planning Manager and Chris O'Keefe, Planning & Inspections Director SUBJECT: Approval to Accept Funding Allocation from the Federal Highway Administration to Construct Bike/Pedestrian Paths in the Middle Sound Community BRIEF SUMMARY: New Hanover County has partnered with the Wilmington Urban Area Metropolitan Planning Organization (WMPO) and City of Wilmington to create a Comprehensive Greenway Plan for the City of Wilmington and unincorporated areas of New Hanover County. Once complete, the plan will provide the framework to connect existing and future linear corridors with walking/bicycling trails, blueways, and conservation zones. To facilitate implementation of this plan, a Capital Project Fund was established during the May 7, 2012 Board of Commissioners meeting in order to house current and future funding opportunities. Currently, a multifaceted opportunity is available to create a priority bicycle and pedestrian segment in the Covil Farm /Middle Sound area through three funding mechanisms (map included). Once constructed, the segment will connect a large population of residents to bicycle and pedestrian routes in the unincorporated area of the County - linking residents from Bayshore to Middle Sound to Covil Farm with a series of on and off -road bicycle and pedestrian routes. The segment will also link with the Military Cutoff Extension of the Cross City Trail, which will be the first connection to the trail outside of the City of Wilmington's jurisdiction. To complete this priority segment, staff was granted approval to accept funding from two sources, including Small Construction State Fund in the amount of $160,000 from the N.C. DOT, and a Safe Routes to School Grant in the amount of $100,000 from the N.C. DOT during the May 7, 2012 Board of Commissioners meeting. To round out the budget for this project, at this time staff is requesting acceptance of the third funding source - an allocation through the Federal Highway Administration's Transportation Community System Preservation (TCSP) program. The TCSP allocation includes an award of $229,674. New Hanover County will provide a $57,418.50 match that was identified in the FY2010 -2011 Planning and Inspection Department budget. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept allocation from the Federal Highway Administration's TCSP program and adopt the ordinance for budget amendment 2013 -19. Board of Commissioners Meeting 10/01/2012 4 -0 ATTACHMENTS: Middle Sound Bicycle and Pedestrian Concept Plan TCSP Agreement B/A 2013 -19 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 4 -0 NORTH CAROLINA LOCALLY ADMINISTERED PROJECT - FEDERAL NEW HANOVER COUNTY DATE: 9/25/2012 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: AND WBS Elements: NEW HANOVER COUNTY FEDERAL -AID Nl CFDA #: Total Funds [NCDOT Participation] EB -5543 PE 45846.1.1 ROW 45846.2.1 CON 45846.3.1 JMBER: STPEB- 1403(14) 20.205 $229,674 THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department" and the New Hanover County, hereinafter referred to as the "County ". WITNESSETH: WHEREAS, Section 1113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for Users (SAFETEA — LU), establishes Bike /Ped funds, which require that federal funds be available for certain specified transportation activities; and, WHEREAS, the County has requested federal funding for New Hanover County Bike /Ped Greenway Project, hereinafter referred to as the Project, in New Hanover County, North Carolina; and, WHEREAS, subject to the availability of federal funds, the County has been designated as a recipient to receive funds allocated to the Department by the Federal Highway Administration (FHWA) up to and not to exceed the maximum award amount of $229,674 for the Project; and, WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of FHWA to the County for the Project in accordance with the Project scope of work and in accordance with the provisions set out in this Agreement; and, WHEREAS, the Department and County, on 4/25/2012 executed a Safe Routes to School Agreement (SR -5001 BO) to construct a portion of the Bayshore /Middle Sound Bike /Pedestrian Greenway Project; and WHEREAS, the Department has programmed funding in the approved Transportation Improvement Program for the Project; and, Agreement ID # 3589 1 Board of Commissioners Meeting 10/01/2012 4 -2 -1 WHEREAS, the governing board of the County has agreed to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly including, but not limited to, the following applicable legislation: General Statutes of North Carolina (NCGS) Section 136 -66.1, Section 136 -71.6, Section 160A -296 and 297, Section 136 -18, Section 136 -41.3 and Section 20 -169, to participate in the planning, construction and /or implementation of the Project approved by the Board of Transportation. NOW, THEREFORE, this Agreement states the promises and undertakings of each party as herein provided, and the parties do hereby covenant and agree, each with the other, as follows: 1. GENERAL PROVISIONS FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT All parties to this Agreement, including contractors, subcontractors, and subsequent workforces, associated with any work under the terms of this Agreement shall provide reports as required by the Federal Funding Accountability and Transparency Act (FFATA) for this Project. AGREEMENT MODIFICATIONS Any modification to this Agreement will be agreed upon in writing by all parties prior to being implemented. Any increases to the funding amount will be agreed upon by all parties by means of a Supplemental Agreement. LOCAL PUBLIC AGENCY TO PERFORM ALL WORK The County shall be responsible for administering all work performed and for certifying to the Department that all terms set forth in this Agreement are met and adhered to by the County and /or its contractors and agents. The Department will provide technical oversight to guide the County. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. PERSON IN RESPONSIBLE CHARGE Agreement ID # 3589 2 Board of Commissioners Meeting 10/01/2012 4 -2 -2 The County shall designate a person or persons to be in responsible charge of the Project, in accordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person, or persons, shall be expected to: ■ Administer governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; ■ Maintain knowledge of day to day project operations and safety issues; ■ Make or participate in decisions about changed conditions or scope changes that require change orders or supplemental agreements; ■ Visit and review the project in accordance with the project scope and scale; ■ Review financial processes, transactions and documentation to reduce the likelihood of fraud, waste, and abuse; ■ Direct project staff, agency or consultant, to carry out project administration and contract oversight, including proper documentation; and ■ Be aware of the qualifications, assignments and on- the -job performance of the agency and consultant staff at all stages of the project. The person in responsible charge must be a full -time employee of the County, but the duties may be split among several employees, if necessary. COMPLIANCE WITH STATE /FEDERAL POLICY The County, and /or its agent, including all contractors, subcontractors, or sub - recipients shall comply with all applicable Federal and State policies and procedures, stated both in this Agreement and in the Department's guidelines and procedures, including the Local Programs Management Handbook. FAILURE TO COMPLY - CONSEQUENCES Failure on the part of the County to comply with any of the provisions of this Agreement will be grounds for the Department to terminate participation in the costs of the Project and, if applicable, seek repayment of any reimbursed funds. Agreement ID # 3589 3 Board of Commissioners Meeting 10/01/2012 4 -2 -3 2. SCOPE OF PROJECT The Project consists of on -road bicycle lanes on Red Cedar Road, and an off -road multi -use path along Middle Sound Loop Road from the end of the SRTS Project, an on -road path along Oyster Road and Bright Leaf Road, and a pedestrian bridge connecting to Thais Trail. This Project will link with the already constructed Cross City Trail. The Department's funding participation in the Project shall be restricted to the following eligible items: ■ Design ■ Environmental Documentation ■ ROW Acquisition ■ Utility Relocation ■ Construction as further set forth in this Agreement. 3. FUNDING Subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall participate up to a maximum amount of Two Hundred Twenty Nine Thousand Six Hundred Seventy Four Dollars ($229,674), as detailed below. The County shall provide a local match, as detailed in the FUNDING TABLE below, and all costs that exceed the total estimated cost. FUNDING TABLE Fund Source Federal Funds Reimbursement Non - Federal Non - Federal Amount Rate Match $ Match Rate Bike /Ped $229,674 80% $57,419 20% Total Estimated Cost $287 Agreement ID # 3589 4 Board of Commissioners Meeting 10/01/2012 4 -2 -4 4. TIME FRAME The County, and /or its agent, shall complete pre- construction activities, to include Environmental Document, Right of Way Certification and final PS &E package, by 09/30/2013, in order to authorize construction funds prior to the end of the Federal Fiscal Year (September 30). In the event additional time is required to complete pre- construction activities, the Department will accept a written request for an extension of time as long as authorization of construction funds can still occur in the same Federal Fiscal Year. Any extensions of time beyond the current Federal Fiscal Year will require a supplemental agreement. The County shall complete the Project by 12/31/2014. Completion for this Agreement is defined as completion of all construction activities, acceptance of the project, and submission of a final reimbursement package to the Department. The Department and /or FHWA reserves the right to revoke the funds awarded if the County is unable to meet milestone dates included herein. 5. PRELIMINARY ENGINEERING AUTHORIZATION If Preliminary Engineering is an eligible expense, then upon receipt of an executed agreement, the Department will authorize Preliminary Engineering funds and shall notify the County, in writing, once funds have been authorized and can be expended. The County shall not initiate any work, nor solicit for any professional services prior to receipt of written authorization from the Department to proceed. Any work performed, or contracts executed, prior to receipt of written authorization to proceed will be ineligible for reimbursement. 6. PROFESSIONAL AND ENGINEERING SERVICES The County shall comply with the policies and procedures of this provision if Preliminary Engineering and /or Construction Contract Administration is an eligible expense. PROCUREMENT POLICY When procuring professional services, the County must adhere to Title 49 Code of Federal Regulations Part 18.36; Title 23 of the Code of Federal Regulations, Part 172; Title 40 United States Code, Chapter 11, Section 1101 -1104; NCGS 143 -64, Parts 31 and 32; and the Department's Policies and Procedures for Major Professional or Specialized Services Contracts. Agreement ID # 3589 5 Board of Commissioners Meeting 10/01/2012 4 -2 -5 Said policies and standards are incorporated in this Agreement by reference at www.fhwa.dot. and I / ri / Statutes/Statut ■ The County shall ensure that a qualified firm is obtained through an equitable selection process, and that prescribed work is properly accomplished in a timely manner and at a just and reasonable cost. ■ All Professional Services Firms shall be pre - qualified by the Department. ■ If the proposed contract exceeds $30,000, a pre- negotiation audit must be requested from the Department's External Audit Branch. SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS Any contract entered into with another party to perform work associated with the requirements of this Agreement shall contain appropriate provisions regarding the utilization of Small Professional Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the North Carolina Board of Transportation. ■ The County shall not advertise nor enter into a contract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. ■ If the County fails to comply with these requirements, the Department will withhold funding until these requirements are met. WORK BY ENTITY If the Professional and Engineering Services required for this project will be undertaken by the County, and the County requests reimbursement, then the County must submit a request and supporting documentation to the Department for review and approval, prior to any work being initiated by the County. 7. PLANNING / ENVIRONMENTAL DOCUMENTATION The County shall prepare the environmental and /or planning document, including any environmental permits, needed to construct the Project, in accordance with the National Environmental Policy Act (NEPA) and all other appropriate environmental laws and regulations. Agreement ID # 3589 6 Board of Commissioners Meeting 10/01/2012 4 -2 -6 All work shall be performed in accordance with Departmental procedures and guidelines. Said documentation shall be submitted to the Department for review and approval. ■ The County shall be responsible for preparing and filing with all proper agencies the appropriate planning documents, including notices and applications required to apply for those permits necessary for the construction of the desired improvements. Copies of approved permits should be forwarded to the Department. ■ The County shall advertise and conduct any required public hearings. ■ If any permit issued requires that action be taken to mitigate impacts associated with the improvements, the County shall design and implement a mitigation plan. The Department will determine if any mitigation costs are eligible for reimbursement. The County shall bear all costs associated with penalties for violations and claims due to delays. 8. DESIGN CONTENT OF PLAN PACKAGE The County, and /or its agent, shall prepare the Project's plans, specifications, and a professional estimate of costs (PS &E package), in accordance with the Department's guidelines and procedures, and applicable Federal and State standards. All work shall be submitted to the Department for review and approval. The plans shall be completed to show the design, site plans, landscaping, drainage, easements, and utility conflicts. 9. RIGHT OF WAY / UTILITY AUTHORIZATION If the costs of right of way acquisition or utility relocation are an eligible expense, the County shall submit a letter of request to the Department to authorize and set up right of way and /or utility Agreement ID # 3589 7 Board of Commissioners Meeting 10/01/2012 4 -2 -7 funding. The acquisition for right of way, construction easements, and /or utility relocation may be undertaken only after the County receives written authorization from the Department to proceed. 10. PROJECT LIMITS AND RIGHT OF WAY (ROW) SPONSOR PROVIDES ROW The County, at no liability whatsoever to the Department, shall be responsible for providing and /or acquiring any required ROW and /or easements for the Project. ROW GUIDANCE APPRAISAL If the costs of ROW acquisition are an eligible expense, the County shall submit the appraisal to the Department's Right of Way Branch for review and approval in accordance with Departmental policies and procedures. CLEARANCE OF PROJECT LIMITS / ROW The County shall remove and dispose of all obstructions and encroachments of any kind or character (including hazardous and contaminated materials) from said ROW, with the exception that the County shall secure an encroachment agreement for any utilities (which shall remain or are) to be installed within the ROW. The County shall indemnify and save harmless the Department, Federal Highway Administration, and the State of North Carolina, from any and all damages and claims for damages that might arise on account of said right of way acquisition, drainage, and construction easements for the construction of said Project. The County shall be solely responsible for any damages caused by the existence of said material now and at any time in the future and will save the Department harmless from any legal actions arising as a result of Agreement ID # 3589 8 Board of Commissioners Meeting 10/01/2012 4 -2 -8 this contaminated and /or hazardous material and shall provide the Department with documentation proving the proper disposal of said material. RELOCATION ASSISTANCE The County shall provide relocation assistance services and payments for families, businesses, and non - profit organizations being displaced by the Project in full accordance with the Federal relocation requirements of Title 49 Code of Federal Regulations, Part 24 [Uniform Act], as amended. Relocation assistance services and payments may be accomplished by contract with any other municipal corporation, or State or Federal agency, rendering such services upon approval by the Department and Federal Highway Administration. 11. UTILITIES The County, and /or its agent, at no liability to the Department, shall relocate, adjust, relay, change or repair all utilities in conflict with the Project, regardless of ownership. All utility work shall be performed in a manner satisfactory to and in conformance with State and Federal rules and regulations, prior to County beginning construction of the project. This Agreement does not modify or supersede any existing Utility Encroachment Agreements that may be in place. 12. RIGHT OF WAY CERTIFICATION The County, upon acquisition of all right of way /property necessary for the Project, shall provide the Right of Way Agent, located at the Department's Local Right of Way Office, all required documentation (deeds /leases /easement /plans) to secure right of way certification from that office. Certification is only issued after all ROW is in public ownership or property is publicly accessible by a legal document and utilities in conflict with the project are relocated. 13. CONSTRUCTION AUTHORIZATION The County shall submit the required environmental and /or planning document, ROW certification, final construction plans, total contract proposal, and an estimate of Project costs (final PS &E package) to the Department for review and approval. ■ After approval of all documentation, the Department will request construction authorization from the Federal Highway Administration. Agreement ID # 3589 9 Board of Commissioners Meeting 10/01/2012 4 -2 -9 ■ The County shall not advertise for bids prior to receiving written construction authorization from the Department. 14. CONTRACTOR PROCUREMENT ADVERTISE FOR BIDS CONSTRUCTION CONTRACTOR REQUIREMENTS All Contractors submitting bids on the project shall be pre - qualified by the Department. All proposed subcontractors must be pre - qualified before construction work begins. Any subcontractors who are proposed to meet the Disadvantaged Business Enterprise goal must be certified by the Department. CONSTRUCTION SUBCONTRACTOR REQUIREMENTS ■ The County shall not advertise nor enter into a contract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. ■ If the County fails to comply with these requirements, the Department will withhold funding until these requirements are met. Agreement ID # 3589 10 Board of Commissioners Meeting 10/01/2012 4 -2- 10 AWARDING CONTRACT After the advertisement of the Project for construction bids, the County shall request concurrence from the Department to award the construction contract by submitting a letter along with tabulated bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a resolution recommending award of the Project to the lowest responsible, responsive bidder. The Department will review the submitted information and provide written approval to the County prior to the contract being awarded by the County. DELAY IN PROCUREMENT In the event the Project has not been let to contract within six (6) months after receiving construction authorization from the Department, the County shall be responsible for documenting to the Department justification for project delay and that the Project remains in compliance with the terms of this Agreement, the approved plans and specifications, and current codes. FORCE ACCOUNT 15. CONSTRUCTION The County, and /or its agents shall construct the Project in accordance with the plans and specifications of the Project as filed with, and approved by, the Department. During the construction of the Project, the procedures set out below shall be followed: CONSTRUCTION CONTRACT ADMINISTRATION The County shall comply with the NCDOT Construction Manual as referenced at http www.ncdot.org / doh / operations / d o5Fchief%5Fen Agreement ID # 3589 11 Board of Commissioners Meeting 10/01/2012 4-2-11 ti on/ which outlines the procedures for records and reports that must be adhered to in order to obtain uniformity of contract administration and documentation. This includes, but is not limited to, inspection reports, material test reports, materials certification, documentation of quantities, project diaries, and pay records. The County, and /or its agent, shall perform the construction engineering, sampling and testing required during construction of the Project, in accordance with Departmental procedures, including the Department's Guide for Process Control and Acceptance Sampling and Testing. The County shall document that said compliance was accomplished in accordance with State and Federal procedures, guidelines, standards and specifications. RETAINAGE The County shall not retain any portion of a payment due the contractor. SIGNAGE The County shall provide and maintain adequate signage and other warning devices for the protection of the public in accordance with the approved traffic control plans for the Project and the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, or any subsequent revision of the same, published by the Federal Highway Administration and effective at the time of award of the contract. SITE LAYOUT The County shall be responsible for ensuring that all site layout, construction work, and Project documentation are in compliance with applicable city, state and federal permits, guidelines, and regulations, including American Association of State Highway and Transportation Officials (AASHTO) guidelines and Americans with Disabilities Act (ADA) Standards for Accessible Design ( www. usdoi.gov/crt/ada/ htm). The Department and representatives of the Federal Highway Administration shall have the right to inspect, sample or test, and approve or reject, any portion of the work being performed by the County or the County's contractor to ensure compliance with the provisions of this Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved plans and specifications found during an inspection must be corrected. Agreement ID # 3589 12 Board of Commissioners Meeting 10/01/2012 4-2-12 CONTRACTOR COMPLIANCE The County will be responsible for ensuring that the contractor complies with all of the terms of the contract and any instructions issued by the Department or FHWA as a result of any review or inspection made by said representatives. CHANGE ORDERS If any changes in the Project plans are necessary, the Department must approve such changes prior to the work being performed. SHOP DRAWINGS Shop Drawings shall be submitted in accordance with the approved plans and specifications and may require review by the Designer. 16. CLOSE -OUT Upon completion of the Project, the County shall be responsible for the following: FINAL INSPECTION The County shall arrange for a final inspection by the Department. Any deficiencies determined during the final field inspection must be corrected prior to final payment being made by the Department to the County. Additional inspection by other entities may be necessary in accordance with the Department's guidelines and procedures. The County shall provide the Department with written evidence of approval of completed project prior to requesting final reimbursement. FINAL PROJECT CERTIFICATION The County will provide a certification to the Department that all work performed for this Project is in accordance with all applicable standards, guidelines, and regulations. Agreement ID # 3589 13 Board of Commissioners Meeting 10/01/2012 4-2-13 17. MAINTENANCE The Count at no expense or liabilit to the Department, shall assume all maintenance responsibilities for the New Hanover Count Bike/Ped Greenwa Pro or as re b an executed encroachment a 18. REIMBURSEMENT SCOPE OF REIMBURSEMENT Activities eli for fundin reimbursement for this Pro shall include: ■ Desi ■ Environmental Documentation ■ ROW Ac ■ Utilit Relocation ■ Construction REIMBURSEMENT GUIDANCE The Count shall adhere to applicable administrative re of Title 49 Code of Federal g uidance contained in Title 2 Code of Federal Re Part 170 (http://edocket. access. g po. g ov/201 0/pdf/2010-2270 ) and Office of Mana and Bud (OMB) "Federal Fundin Accountabilit and Transparenc Act" (FFATA). Said reimbursement A ID # 3589 14 Board of Commissioners Meetin 10/01/2012 4 -2- 14 shall also be subject to the Department being reimbursed by the Federal Highway Administration and subject to compliance by the County with all applicable federal policy and procedures. REIMBURSEMENT LIMITS ■ WORK PERFORMED BEFORE NOTIFICATION Any costs incurred by the County prior to written notification by the Department to proceed with the work shall not be eligible for reimbursement. ■ NO REIMBURSEMENT IN EXCESS OF APPROVED FUNDING At no time shall the Department reimburse the County costs that exceed the total federal funding. ■ UNSUBSTANTIATED COSTS The County agrees that it shall bear all costs for which it is unable to substantiate actual costs or any costs that have been deemed unallowable by the Federal Highway Administration and /or the Department's Financial Management Division. ■ WORK PERFORMED BY NCDOT All work performed by the Department on this Project, including, but not limited to, reviews, inspections, and Project oversight, shall reduce the maximum award amount of $229,674 available to the County under this Agreement. If the cost of work done by the Department exceeds the funding award, the Department will bill the County for the excess costs. ■ CONSTRUCTION ADMINISTRATION Reimbursement for construction contract administration will be made as governed by Departmental policy that limits reimbursement for construction contract administration to no more than fifteen (15 %) percent of the actual construction contract of the Project. These costs will also include any cost overruns and charges to the Project by the Department during the Construction Phase. ■ CONSTRUCTION CONTRACT UNIT PRICES Agreement ID # 3589 15 Board of Commissioners Meeting 10/01/2012 4-2-15 Reimbursement for construction contract work will be made on the basis of contract unit prices in the construction contract and any approved change orders. ■ RIGHT OF WAY Reimbursement will be limited to the value as approved by the Department. Eligible costs for reimbursement of Right of Way Acquisition include: realty appraisals, surveys, closing costs, and the approved appraised fair market value of the property, at the reimbursement rate as shown in the FUNDING TABLE. ■ FORCE ACCOUNT BILLING THE DEPARTMENT ■ PROCEDURE The County may bill the Department for eligible Project costs in accordance with the Department's guidelines and procedures. Proper supporting documentation shall accompany each invoice as may be required by the Department. By submittal of each invoice, the County certifies that it has adhered to all applicable state and federal laws and regulations as set forth in this Agreement. Along with each invoice, the County is responsible for submitting the FFATA Subrecipient Information Form, which is available at ■ INTERNAL APPROVALS Agreement ID # 3589 16 Board of Commissioners Meeting 10/01/2012 4-2-16 Reimbursement to the County shall be made upon approval of the invoice by the Department's Financial Management Division. ■ TIMELY SUBMITTAL OF INVOICES The County may invoice the Department monthly for work accomplished, but no less than once every six (6) months to keep the Project funds active and available. If the County is unable to invoice the Department, then they must provide an explanation. Failure to submit invoices or explanation may result in de- obligation of funds. ■ FINAL INVOICE All invoices associated with the Project must be submitted within six (6) months of the completion of construction and acceptance of the Project to be eligible for reimbursement by the Department. Any invoices submitted after this time will not be eligible for reimbursement. 19. REPORTING REQUIREMENTS AND RECORDS RETENTION PROJECT EVALUATION REPORTS The County is responsible for submitting quarterly Project evaluation reports, in accordance with the Department's guidelines and procedures, that detail the progress achieved to date for the Project. PROJECT RECORDS The County and its agents shall maintain all books, documents, papers, accounting records, Project records and such other evidence as may be appropriate to substantiate costs incurred under this Agreement. Further, the County shall make such materials available at its office and shall require its agent to make such materials available at its office at all reasonable times during the contract period, and for five (5) years from the date of payment of the final voucher by the Federal Highway Administration, for inspection and audit by the Department's Financial Management Section, the Federal Highway Administration, or any authorized representatives of the Federal Government. Agreement ID # 3589 17 Board of Commissioners Meeting 10/01/2012 4-2-17 20. OTHER PROVISIONS REFERENCES It will be the responsibility of the County to follow the current and /or most recent edition of references, websites, specifications, standards, guidelines, recommendations, regulations and /or general statutes, as stated in this Agreement. INDEMNIFICATION OF DEPARTMENT The County agrees to indemnify and hold harmless the Department, FHWA and the State of North Carolina, to the extent allowed by law, for any and all claim for payment, damages and /or liabilities of any nature, asserted against the Department in connection with this Project. The Department shall not be responsible for any damages or claims, which may be initiated by third parties. DEBARMENT POLICY It is the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency (Federal or State). By execution of this agreement, the County certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Agency or Department and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. TITLE VI - CIVIL RIGHTS ACT OF 1964 The County shall comply with Title VI of the Civil Rights Act of 1964, (Title 49 CFR, Subtitle A, Part 21). Title VI prohibits discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. OTHER AGREEMENTS The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department is not responsible for any expenses or Agreement ID # 3589 18 Board of Commissioners Meeting 10/01/2012 4-2-18 obligations incurred for the Project except those specifically eligible for Bike /Ped funds and obligations as approved by the Department under the terms of this Agreement. AVAILABILITY OF FUNDS All terms and conditions of this Agreement are dependent upon, and, subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. IMPROPER USE OF FUNDS, EXCESS USE OF FUNDS Where either the Department or the FHWA determines that the funds paid to the County for this Project are not used in accordance with the terms of this Agreement, or if the cost of work done by the Department exceeds the funding award, the Department will bill the County. TERMINATION OF PROJECT If the County decides to terminate the Project without the concurrence of the Department, the County shall reimburse the Department one hundred percent (100 %) of all costs expended by the Department and associated with the Project. REIMBURSEMENT BY COUNTY For all monies due the Department as referenced in this Agreement, reimbursement shall be made by the County to the Department within sixty (60) days of receiving an invoice. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with NCGS 147 - 86.23. Agreement ID # 3589 19 Board of Commissioners Meeting 10/01/2012 4-2-19 USE OF POWELL BILL FUNDS If the other party to this agreement is a Municipality and fails for any reason to reimburse the Department in accordance with the provisions for payment hereinabove provided, NCGS 136- 41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to Municipality by NCGS 136 -41.1, until such time as the Department has received payment in full. GIFT BAN By Executive Order 24, issued by Governor Perdue, and NCGS 133 -32, it is unlawful for any vendor or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). 21. SUNSET PROVISION All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement, and that no expenditures of funds on the part of the Department will be made until the terms of this Agreement have been complied with on the part of the County. Agreement ID # 3589 20 Board of Commissioners Meeting 10/01/2012 4 -2 -20 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the County by authority duly given. ATTEST: BY: TITLE: NEW HANOVER COUNTY BY: TITLE: DATE: NCGS 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Approved by signature of _ (Date) This Agreement has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) (FINANCE OFFICER) Federal Tax Identification Number New Hanover County Remittance Address: DEPARTMENT OF TRANSPORTATION BY: (CHIEF ENGINEER) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: (Date) Agreement ID # 3589 21 of the New Hanover County as attested to by the Clerk of the on Board of Commissioners Meeting 10/01/2012 4 -2 -21 AGENDA: October 1, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013 - 19 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -19 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): Enhance / add recreational, cultural and enrichment amenities Fund: Bike /Pedestrian Paths Department: Planning and Inspections Expenditure: Decrease Increase Increase Capital Project Expense $287,093 Federal Highway Administration Grant Total $0 $287 Revenue: Decrease Increase Federal Highway Administration Grant $229,674 Transfer in from General Fund $57,419 Total $0 $287 Section 2: Explanation The Planning and Inspections Department has been awarded a grant from the Federal Highway Administration for the design and construction of bike and pedestrian paths in the Middle Sound community for $229,674. The grant match is $57,419. This match was identified in the FYI0 -I I Planning and Inspections budget. 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 -19, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this I st day of October, 2012. (SEAL) Jonathan Barfield, Jr., Vice Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 4 -3 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 5 DEPARTMENT: County Attorney PRESENTER(S): Ed McMahon, Sheriff CONTACT(S): Ed McMahon, Sheriff SUBJECT: Approval of Amendment of New Hanover County Ordinance, Chapter 38 BRIEF SUMMARY: New Hanover County Code presently addresses begging in an aggressive manner or within prohibited areas of the County. Under the current provisions in 38-11 1(c), the penalty for violations of the begging ordinance is a misdemeanor punishable by a fine of not more than $50.00 or imprisonment for not more than 30 days, at the discretion of Court, as provided by N.C.G.S. 14 -4. The proposed Ordinance Amendment provides for a broader range of penalties in 3 8- 111(c) to include a civil penalty in the nature of a debt of $100 for each violation in addition to the act being a misdemeanor punishable under G.S. 14 -4. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the amendment. ATTACHMENTS: Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 5 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE Amendment to County Code, Chapter 38 The Board of County Commissioners of New Hanover County, North Carolina hereby ordains and decrees modification of the County Code, Chapter 38, Offenses and Miscellaneous Provisions Article IV, Breaches of the Peace Section 38 -111, Beg_ ging Or Soliciting Alms, Contributions, Goods Or Services In An Aggressive Manner Or Within Prohibited Areas as follows: 1. Subsection (C) is amended to read as follows: (C) Penalty. Violations of this provision may be punished by a civil penalty to be recovered in the nature of a debt of $100.00 for each violation or violations may be punished as a misdemeanor pursuant to G. S. 14 -4. 2. Except as specifically above amended, Chapter 38 shall remain unaltered, in full force and effect. ADOPTED this the day of New Hanover County Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 5 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 CONSENT ITEM: 6 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 -051 - Sheriff's Office 2013 -17 - Sheriff's Office 2013 -18 - Sheriff's 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. A mm A r+11X XT9P Q. B/A 13 -051 B/A 2013 -17 B/A 2013 -18 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 6 -0 AGENDA: October 1, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 - 051 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -051 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 Fund: General Fund Department: Sheriffs Office /Detectives /Administration Expenditure: Decrease Increase Sheriff s Office /Detectives: Overtime Pay $4,768 Total 1 $0 11 $4 9 768 Revenue: Decrease Increase Sheriff s Office /Administration: Miscellaneous Revenue $4,768 Total 1 $0 11 $4 9 768 Section 2: Explanation To budget reimbursement of $4,768 for overtime for the Detectives Division of the Sheriffs Office for the period of July 2012. Reimbursement is from the FBI. 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 -051, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this I st day of October, 2012. (SEAL) Jonathan Barfield, Jr., Vice Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 6 -1 -1 AGENDA: October 1, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013 - 17 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -17 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 Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $4,131 Total 1 $0 11 $4 9 131 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property (DOJ) $4,131 Total 1 $0 11 $4 9 131 Section 2: Explanation To budget Federal Forfeited Property (DOJ) receipt of 9/11/12 for $4,131. 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 $124,363. 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 -17, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this I st day of October, 2012. (SEAL) Jonathan Barfield, Jr., Vice Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 6 -2 -1 AGENDA: October 1, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013 - 18 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -18 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 Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $902 Total 1 $0 11 $9 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $902 Total 1 $0 11 $9 Section 2: Explanation To budget Controlled Substance Tax receipt of 9/5/12 for $9,802. Controlled Substance Tax is budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is $19,422. 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 -18, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this I st day of October, 2012. (SEAL) Jonathan Barfield, Jr., Vice Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 6 -3 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Advocate /Outreach Coordinator, Domestic Violence Shelter & Services, Inc. CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Andrea Stough is the Advocate /Outreach Coordinator for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2012 as Domestic Violence Awareness Month 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: Domestic Violence Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 7 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may cause families to seek safe shelter, the criminal justice system to expend valuable resources, and families and friends to experience grief, and concern for their loved ones; and WHEREAS, 1,440 adults and children sought safe shelter or other direct services at Domestic Violence Shelter and Services, Inc. in the year 2011; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2012 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 1 St day of October, 2012. NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 7 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Lynn Weaver, Wilmington Area CROP Hunger Walk Committee CONTACT(S): Commissioner Thompson SUBJECT: Consideration of CROP Hunger Walk Month Proclamation BRIEF SUMMARY: Lynn Weaver with the Wilmington Area CROP Hunger Walk Committee has provided the attached information about hunger. CROP Hunger Walks are community -wide events sponsored by Church World Service and organized by local volunteers to raise funds to end hunger. The Wilmington Area CROP Hunger Walk will be held Sunday, October 14, 2012 at Hugh MacRae Park beginning at 1:30 PM at Shelter #5. Mrs. Weaver has submitted a proclamation for the Board's consideration to recognize October at CROP Hunger Month in New Hanover County and encourage participation in the CROP walk on October 14th. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. A TT A V T4_N IFVXTTC. Facts About Hunger CROP Hunger Walk Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 8 -0 1 4 th at ' s V , V N ;-,orldwide. 925 million people do not have enou to eat - The U n ited States s p nds betwee n 2g and 25 percent of its budget on foreign aid. Less than I percent of the U.S. budget goes to humanitarian and development assistance to reduce hunger and poverty in poor countries. Many U.S. development programs literally save lives. Funding cuts put lives at risk. Polls show consistent majority support for helping hungry people overseas even when resources are tight at home. • www.churchworldservice.org ire Developed countries 1 Note All figures are rounded. Sou(rce: FAA, 50.2 million Americans live in food - insecure households. 17.2 million children in our country don't get enough healthy food to eat. Households with children experience almost double the food insecurity rate of childless households. 5.6 million households relied on a food pantry one or more times in 2009. 1 in 8 Americans currently participate in SNAP (formerly the Food Stamp program) Sources: United Nations Food and Agriculture Organization; U.S. department of Agriculture; United Nations Economic and Social Council. Board of Commissioners Meeting 10/01/2012 8 -1 -1 Near East and North Africa NEW HANOVER COUNTY BOARD OF COMMISSIONERS CROP HUNGER WALK MONTH PROCLAMATION WHEREAS, in order to combat global poverty and world hunger, the Wilmington Area CROP Hunger Walk will be held Sunday, October 14, 2012 at Hugh MacRae Park beginning at 1:30 PM at Shelter 45; and WHEREAS, one out of every seven people in the world is hungry; and WHEREAS, each day almost 16,000 children die from hunger- related causes - one child every five seconds; and WHEREAS, Mother Hubbard's Cupboard, a local emergency food pantry, will receive 12.5% of all funds raised through the Wilmington Area CROP Hunger Walk; and WHEREAS, NourishNC, a weekend backpack food program for school -age children experiencing poverty, will receive 12.5% of all funds raised through the Wilmington Area CROP Hunger Walk; and WHEREAS, the remaining 75% of funds raised will be used by Church World Services to provide food and other essentials including disaster relief, tools and training, education resources and water availability to hungry people both in the U.S. and worldwide. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2012 be recognized as "CROP Hunger Walk Month" in New Hanover County. All citizens are urged to participate in the 2012 CROP Hunger Walk on October 14 ADOPTED this the 1 St day of October, 2012. NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 8 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 9 DEPARTMENT: Human Resources PRESENTER(S): Gloria Garton, Executive Director, disAbility Resource Center CONTACT(S): Dennis Ihnat, Human Resources Director SUBJECT: Consideration of Disability Awareness and Employment Month Proclamation BRIEF SUMMARY: Gloria Garton is the Executive Director for the disAbility Resource Center. She has submitted a proclamation to recognize October 2012 as Disability Awareness and Employment Month 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: Disablity Awareness and Employment Month COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 9 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DISABILITY AWARENESS AND EMPLOYMENT MONTH PROCLAMATION WHEREAS, more than one million people with disabilities have entered the labor force since the passage of the Americans with Disabilities Act in 1990; and WHEREAS, as taxpayers, consumers, and workers, people with disabilities are contributing to our society and to their own fulfillment of the American dream; and WHEREAS, new generations of young people with disabilities are growing up in Wilmington NC and surrounding counties, graduating from high school, going to college, and preparing to participate in the workplace; and WHEREAS, job seekers with disabilities, regardless of age, are striving to attain economic independence through self - sufficiency and gainful employment; and WHEREAS, both students and job seekers with disabilities have the right to maximize their potential by making the most of their intellect, talents, and abilities in an environment free of physical, programmatic, and attitudinal barriers; and WHEREAS, employers from the private, governmental, and non - profit sectors may benefit from mentoring people with disabilities as a way of learning about the experience of disability, developing lasting relationships with disability community leaders, and recruiting new and emerging talent for meaningful internship and employment opportunities; and WHEREAS, these efforts are made possible through a broad partnership with the American Association of People with Disabilities and a dedicated local team of organizers from businesses, non - profit organizations, school districts, colleges and universities, and government agencies. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2012 be recognized as "Disability Awareness and Employment Month" in New Hanover County. ADOPTED this the 1 St day of October, 2012. NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 9 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 10 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief; Matt Davis, Deputy Fire Chief; and Meg Langston, Public Fire Educator CONTACT(S): Donnie Hall, Fire Chief SUBJECT: Consideration of Fire Prevention Week Proclamation BRIEF SUMMARY: Fire Services has submitted a proclamation to recognize the week of October 7 -13, 2012 as Fire Prevention Week with the theme, "Have Two Ways Out!". STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2012 Fire Prevention Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 10 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIRE PREVENTION WEEK PROCLAMATION WHEREAS, New Hanover County is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,600 people in the United States in 2010, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 369,000 home fires; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, only one -third of Americans have both developed and practiced a home fire escape plan; and WHEREAS, almost three - quarters of Americans do have an escape plan; however, less than half have actually practiced it; and WHEREAS, one -third of American households who made a plan estimated they would have at least six minutes before a fire in their home would become life threatening; and the time available is often less; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, New Hanover County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2012 Fire Prevention Week theme, "Have Two Ways Out!" effectively serves to remind us to develop and practice a home fire escape plan during Fire Prevention Week and year- round. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners that October 7 -13, 2012 be recognized as "Fire Prevention Week" in New Hanover County. All people are encouraged to practice their home fire escape plan during Fire Prevention Week 2012, and to support the many public safety activities and efforts of New Hanover County Fire and Emergency Services. ADOPTED this the 1 St day of October, 2012. NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 10 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 11 DEPARTMENT: PRESENTER(S): New Hanover County Schools Representative CONTACT(S): Commissioner Berger SUBJECT: Update on New Hanover County Schools' Application to Serve as Directing Agency for the Head Start Program BRIEF SUMMARY: "Update on NHCS application to serve as directing agency for the Head Start program. Please request in a formal letter to the Superintendent that an update on timelines, and a copy (confidential or public at his discretion) of the Application submitted be provided, and Dr. Markley or his chosen representative be on hand to address any questions from the Board." New Hanover Board of education successfully submitted the Head Start Grant to the Federal Government last month. As of September 21, 2012 they had not heard if they have been awarded the Grant. A copy of the application is available for review in the Commissioners' office. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Collaborate on service delivery and implement opportunities to reduce duplication of services RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Heard update. Board of Commissioners Meeting 10/01/2012 11 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 12 DEPARTMENT: Finance PRESENTER(S): Tim Burgess, Assistant County Manager and Lisa Wurtzbacher, Finance Director CONTACT(S): Donnie Hall, Fire Chief and Lisa Wurtzbacher, Finance Director SUBJECT: Consideration of Bald Eagle Lane Special Assessment - Salt Water Intrusion BRIEF SUMMARY: Many residents of Bald Eagle Lane in the Porters Neck Community are presently experiencing saline intrusion in potable wells that affects the water quality at their homes. The Cape Fear Public Utility Authority (CFPUA) cannot currently expend funds to expand its consumer base without raising the current rates to its customers. The County is proposing to expedite the extension of public water to these residents through a special assessment of the benefited property owners. The County is also proposing to assist the homeowners and the CFPUA through participation in the cost of fire protection. The estimated cost of the public water expansion project is as follows: Costs Estimated project cost excluding fire protection $ 485,221 Estimated cost for additional capacity for fire protection 248,424 Total estimated project cost $ 733,645 The additional costs to benefit Fire Services, in addition to the residents of the area, of $248,424 can be funded by Fire Services. This requires either the use of the Fire Service's fund balance or an increase in the ad valorem tax rate in the fire district in FYI 3-14. The estimated cost to bring the additional capacity for fire protection equates to approximately .23 of a cent in ad valorem taxes. Further, the County is negotiating an agreement with the CFPUA that will allow the SDC charges collected by the CFPUA to be transferred to the County to reduce the total project cost assessed to the property owners. The remaining project costs would be assessed to the property owners of Bald Eagle Lane. In accordance with NCGS 153A -185, a county may make special assessments against benefited property within the county for all or part of the costs of constructing, reconstructing, extending or otherwise building or improving water systems. As a part of the special assessment process, the board of commissioners must first adopt a preliminary assessment resolution before a public hearing is conducted or a final resolution can be adopted. Staff and Commissioners from the County and staff from the CFPUA attended a community meeting regarding the project, costs and the assessment process on September 18, 2012. A public hearing on the proposed special assessment is planned for the October 15, 2012 Board of Commissioner's meeting. After such time, the Board can adopt the final assessment resolution to direct that the project or portions of the project be undertaken. STRATEGIC PLAN ALIGNMENT: Board of Commissioners Meeting 10/01/2012 12 -0 Intelligent Growth and Economic Development • Build and maintain infrastructure • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board approve financing the proposed project by special assessment, approve the preliminary assessment resolution, and set a public hearing date. Recommend the Board approve Fire Services funding the cost for the additional capacity for fire protection provided by the project. ATTACHMENTS: Bald Eagle Lane Preliminary Resolution Attachment A Bald Eagle Lane Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Concur with staff recommendation. COMMISSIONERS' ACTIONS: Approved 4 -0 subject to a revenue neutral interest rate. Board of Commissioners Meeting 10/01/2012 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRELIMINARY ASSESSMENT RESOLUTION BALD EAGLE LANE WATER SYSTEM EXTENSION WHEREAS, the residents of the Bald Eagle Lane area are presently experiencing saline intrusion in potable wells and the New Hanover County Board of Commissioners intend to undertake a project to extend public water to the area of Bald Eagle Lane; and WHEREAS, NC General Statute Chapter 153A Article 9 allows for special assessment of benefited property owners to construct, reconstruct, extend, or otherwise build or improve water systems. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. New Hanover County intends to undertake a project to extend public water to Bald Eagle Lane and the area of Futch Creek Road between Bald Eagle Lane and Saint Ives Place that is located along the waterway, as more specifically set forth in Attachment A. 2. One hundred percent of the net cost of the project shall be assessed against the benefited properties. 3. The basis for making the assessment against the benefited properties of Bald Eagle Lane will be the number of lots served, or subject to being served at an equal rate per lot, as allowed by N.C.G.S 153A- 186(a). 4. The assessment herein provided for shall be payable in cash, or if any property owner shall so elect, he shall have the option of paying the assessment in three equal annual installments, said installments to bear interest at a rate of 5.5% per annum. 5. A public hearing on all matters covered by this preliminary assessment resolution will be held at 9:00 a.m. on the 15 day of October, 2012 in Assembly Room 301 of the Historic Courthouse located at 24 North Third Street, Wilmington, NC 28401. ADOPTED this the 1 St day of October, 2012. NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 12 -1 -1 Preliminary Resolution Appendix A Address 8000 BALD EAGLE 8002 BALD EAGLE 8004 BALD EAGLE 8005 BALD EAGLE 8008 BALD EAGLE 8009 BALD EAGLE 8012 BALD EAGLE 8013 BALD EAGLE 8016 BALD EAGLE 8017 BALD EAGLE 8020 BALD EAGLE 8024 BALD EAGLE 8025 BALD EAGLE 8029 BALD EAGLE 8032 BALD EAGLE 8033 BALD EAGLE 8036 BALD EAGLE 8037 BALD EAGLE 8038 BALD EAGLE 8039 BALD EAGLE 8040 BALD EAGLE 8041 BALD EAGLE 8044 BALD EAGLE 8048 BALD EAGLE 8050 BALD EAGLE 8100 BALD EAGLE 8101 BALD EAGLE 8103 BALD EAGLE 8104 BALD EAGLE 8105 BALD EAGLE 8112 BALD EAGLE 8113 BALD EAGLE 8116 BALD EAGLE 8117 BALD EAGLE 8120 BALD EAGLE 8121 BALD EAGLE 8124 BALD EAGLE 8125 BALD EAGLE 8128 BALD EAGLE 8129 BALD EAGLE 8132 BALD EAGLE 8133 BALD EAGLE 8136 BALD EAGLE 8140 BALD EAGLE 8200 BALD EAGLE Board of Commissioners Meeting 10/01/2012 12-2-1 Preliminary Resolution Appendix A 8201 BALD EAGLE 8204 BALD EAGLE 8205 BALD EAGLE 8206 BALD EAGLE 8208 BALD EAGLE 8209 BALD EAGLE 8212 BALD EAGLE 8213 BALD EAGLE 8216 BALD EAGLE 8217 BALD EAGLE 8220 BALD EAGLE 8221 BALD EAGLE 8224 BALD EAGLE 8225 BALD EAGLE 8228 BALD EAGLE 8229 BALD EAGLE 8232 BALD EAGLE 8233 BALD EAGLE 8236 BALD EAGLE 8300 BALD EAGLE 8301 BALD EAGLE 8304 BALD EAGLE 8305 BALD EAGLE 8308 BALD EAGLE 8309 BALD EAGLE 8312 BALD EAGLE 8313 BALD EAGLE 8316 BALD EAGLE 8317 BALD EAGLE 8320 BALD EAGLE 8321 BALD EAGLE 8324 BALD EAGLE 8325 BALD EAGLE 8328 BALD EAGLE 8329 BALD EAGLE 8332 BALD EAGLE 8333 BALD EAGLE 8336 BALD EAGLE 8337 BALD EAGLE 8340 BALD EAGLE 8341 BALD EAGLE 8344 BALD EAGLE 8345 BALD EAGLE 8400 BALD EAGLE 8401 BALD EAGLE 8405 BALD EAGLE Board of Commissioners Meeting 10/01/2012 12 -2 -2 Preliminary Resolution Appendix A 8408 BALD EAGLE 8409 BALD EAGLE 8412 BALD EAGLE 8413 BALD EAGLE 8416 BALD EAGLE 8417 BALD EAGLE 8420 BALD EAGLE 8421 BALD EAGLE 8423 BALD EAGLE 8424 BALD EAGLE 8428 BALD EAGLE 8429 BALD EAGLE 8432 BALD EAGLE 8433 BALD EAGLE 8436 BALD EAGLE 8437 BALD EAGLE 8441 BALD EAGLE 8444 BALD EAGLE 8445 BALD EAGLE 8448 BALD EAGLE 8449 BALD EAGLE 8500 BALD EAGLE 8504 BALD EAGLE 8505 BALD EAGLE 8507 BALD EAGLE 8508 BALD EAGLE 8509 BALD EAGLE 8511 BALD EAGLE 8512 BALD EAGLE 8513 BALD EAGLE 8516 BALD EAGLE 8517 BALD EAGLE 8520 BALD EAGLE 8521 BALD EAGLE 8524 BALD EAGLE 8525 BALD EAGLE 8528 BALD EAGLE 8529 BALD EAGLE 8532 BALD EAGLE 8533 BALD EAGLE 8536 BALD EAGLE 8537 BALD EAGLE 8540 BALD EAGLE 8541 BALD EAGLE 8543 BALD EAGLE 8545 BALD EAGLE Board of Commissioners Meeting 10/01/2012 12 -2 -3 Preliminary Resolution Appendix A 8600 BALD EAGLE 8601 BALD EAGLE 8604 BALD EAGLE 8605 BALD EAGLE 8608 BALD EAGLE 8609 BALD EAGLE 8612 BALD EAGLE 8613 BALD EAGLE 8616 BALD EAGLE 8617 BALD EAGLE 8620 BALD EAGLE 8621 BALD EAGLE 8624 BALD EAGLE 8625 BALD EAGLE 8628 BALD EAGLE 8629 BALD EAGLE 8632 BALD EAGLE 8633 BALD EAGLE 8700 BALD EAGLE 8701 BALD EAGLE 8704 BALD EAGLE 8705 BALD EAGLE 8708 BALD EAGLE 8709 BALD EAGLE 8712 BALD EAGLE 8713 BALD EAGLE 8716 BALD EAGLE 8717 BALD EAGLE 8720 BALD EAGLE 8721 BALD EAGLE 8724 BALD EAGLE 8725 BALD EAGLE 8728 BALD EAGLE 8729 BALD EAGLE 8732 BALD EAGLE 8733 BALD EAGLE 8736 BALD EAGLE 8737 BALD EAGLE 8740 BALD EAGLE 8741 BALD EAGLE 8748 BALD EAGLE 8744 BALD EAGLE 1513 FUTCH CREEK 1517 FUTCH CREEK 1521 FUTCH CREEK 1525 FUTCH CREEK Board of Commissioners Meeting 10/01/2012 12 -2 -4 Preliminary Resolution Appendix A 1601 FUTCH CREEK 1605 FUTCH CREEK 1609 FUTCH CREEK 1613 FUTCH CREEK 1617 FUTCH CREEK 1621 FUTCH CREEK 1625 FUTCH CREEK 1625 FUTCH CREEK 1633 FUTCH CREEK 1701 FUTCH CREEK 1705 FUTCH CREEK 1709 FUTCH CREEK 1713 FUTCH CREEK 1717 FUTCH CREEK 1721 FUTCH CREEK 1725 FUTCH CREEK 1729 FUTCH CREEK 1733 FUTCH CREEK 1801 FUTCH CREEK 1805 FUTCH CREEK 1809 FUTCH CREEK 1813 FUTCH CREEK 1817 FUTCH CREEK 1821 FUTCH CREEK 1825 FUTCH CREEK Board of Commissioners Meeting 10/01/2012 12 -2 -5 volt �"", I I C - . . . . . . . . . . 6 M". 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A I s A "4 F) J 11 A 11 SIT Y" .. . .. . ... . .. .... ... . ... . ..... . .. . .. y'O'l ... ...... .. . . j "o IV I MU All, 0 A X A I (6. od AS ..1 j" II a "Oil 0 . 0� J J A O i,o 1i Ojl� °u U crux A 4,,% 1 Y4 I IS 4 WV Ig " :X,71 ii lu „, is 9 al �oard of, rrup o u 0' 0 "MOC, j 1 OAO 14 ` 2 v J J”, {ju j r te, s , cif � JJrr u' { sf;Fic t �sP Y 1 �ti�t�KS�}iia�a xm»�om�m�m�» s 1 4 f # i ft # 1 ' Board of Commissioners Meeting 10/01/2012 12 -3 -4 1 # # 1 1 i i 4 F 1,91 C 7 O V i 9 O C 3 a� z tx �xx 4 � �u Val 01 Go M 00 Ln OD V4 N Ln q e 0 r4l MD N w s 1 4 f # i ft # 1 ' Board of Commissioners Meeting 10/01/2012 12 -3 -4 1 # # 1 1 i i 4 F 1,91 C 7 O V i 9 O C 3 a� z tx �xx 4 � �u f ss _ , r° �e i dMO dIP , a 0 +w # �■� CL dMO 0 CL sell" E E Board of Commissioners Meeting 10/01/2012 12 -3 -5 c'. Jc 0 3: cu L u 3: to E cn fu 1 ■ 0 4-j 0 0 L) LM { i e �s a r t f r, ri L (1) 0 U 4_- t t_ tt t 4 }f r F rr (, ti r� t r f 1 t g I t ui - 0 L U i�o c: cu a) con U d u t rr, r, t =. r xri Q t 0 O (Ij t t�. 1 f �J ( (1 � j 4 Ft f c 0 a� 0 U U N O CL Board of Commissioners Meeting 10/01/2012 12 -3 -6 j 'a f� fr l r` t� t} t. 4 ,Jyr L „tt rr , f , rr, l y rsf{ S +rr r � t r..rJ c 0 V 7 O C Z z NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 13 DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer CONTACT(S): Jim Iannucci, County Engineer SUBJECT: Consideration of Request for Contract Renewal of Engineering and Surveying Services Associated with the Mason Inlet Project (Year 11 -15) with Gahagan and Bryant Associates, Inc. BRIEF SUMMARY: The relocation of Mason Inlet was completed in April 2002. As required by the US Army Corps of Engineers permit, physical monitoring must be performed annually and maintenance events must be undertaken as required. Gahagan and Bryant Associates, Inc. have provided physical monitoring and engineering services connected with the Mason Inlet Relocation Project for years 0 -10. Continued physical monitoring and engineering services for maintenance events remains a part of the 30 -year permit. New Hanover County previously entered into a five -year contract with Gahagan and Bryant Associates, Inc. for years 1 -5 and years 6 -10 of the project with good success. The scope of services is highly specialized and New Hanover County is fortunate to have developed a strong working relationship with an engineer who has been working on the project since the beginning. Chris Gibson, PE, has been responsible for the professional obligations associated with the permit conditions from April 2002 to present. The contract which covered that period of time has now expired and renewal is required. The proposed contract for professional services covers the period from October 2012 to September 2017. This contract will include the cost of engineering and surveying services for the upcoming maintenance event to take place this winter. The contract will then cover years 11 -15 and expire in September 2017. Following the format that was utilized for the Year 1 -5 and Year 6 -10 contracts, the services are broken out by year and each year has been further defined by task for the services required. The proposal is structured on proposed maintenance events such that should specific services not be required in a given year, the County will not be charged for that service. Performance of engineering services and annual physical monitoring to date has fulfilled the requirements of the permit. The cost will eventually be repaid through assessment of the benefiting property owners. Renewing this contract was discussed with David Kellam and Dr. George Melita of the Mason Inlet Preservation Group (MIPG). Year Survey/Monitoring Maintenance Contingency 11 103,240 144,750 12,400 12 116,920 - 5,845 13 122,990 58,850 9,090 14 122,990 - 6,150 15 113,592 159,225 13,640 STRATEGIC PLAN ALIGNMENT: Total Estimated Costs $ 260,390 122,765 190,930 129,140 286,457 $ 989,682 Board of Commissioners Meeting 10/01/2012 13 -0 • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board approve the award of the Year 11 -15 contract for continued physical monitoring and engineering services of the inlet project to Gahagan and Bryant Associates, Inc. and requests the Chairman to execute the contract in the amount of $989,682 for the period from October 2012 through September 2017. Per the format for the year 1 -5 contract and the year 6 -10 contract, the total contract amount includes a two percent increase to individual line item unit costs applied every other year. A budget amendment is attached transferring funds from the Room Occupancy Tax Fund to the Mason Inlet Project Fund. The funds will be repaid through assessment of the benefiting property owners. ATTACHMENTS: Mason Inlet Proposal Budget Amendment 2013 -23 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval of item and of the ordinance for budget amendment 2013 -23. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 10/01/2012 13 -0 Mason Inlet Project New Hanover County, North Carolina Scope &Proposal Physical Monitoring &Engineering Services For Permit Compliance Years 11 -15 New Hanover County Contract #02 -379 Submitted By Gahagan & Bryant Associates, Inc. 295 -A North green Meadows Drive Wilmington, NC 28405 Phone 910-313-3338 Fax 910-313-6822 Board of Commissioners Meeting 10/01/2012 13 -1 -1 Scope Physical Monitoring &Engineering Services For Permit Compliance Years 11 -15 Board of Commissioners Meeting 10/01/2012 13 -1 -2 Introduction This proposal describes physical monitoring tasks and Budget estimates for Year 11 thru Year 15 following initial construction of the project in accordance with the state and federal permits, and incorporated Inlet Management Plan, governing the project. In general the work entails topographic and hydrographic surveys, aerial photography, and associated reporting, as well as engineering and construction management services associated with the required maintenance work. It should be noted that the schedules and budgets are based on an estimated maintenance schedule which involves a full maintenance event in the winter of 2012/2013, a minor maintenance project (truck haul only) the winter of 2014/2015, and a full maintenance event the winter of 2016/2017. In the event that the conditions alter the maintenance schedule, annual budgets will be shifted accordingly to the corresponding years. Task 1— Coordination of Physical and Biological Monitoring The engineer shall coordinate and perform all physical monitoring of the project site as required by the US Army Corps of Engineers (USAGE) Permit #199901052, North Carolina Division of Coastal Management (NCDCM) Permit #151 -01, and the North Carolina Division of Water Quality (NCDWQ) 401 Water Quality Certification, Project #000008. All biological monitoring including the monitoring of bird species utilizing the area, macro invertebrate sampling of the nourishment areas, and biological sampling of the estuarine transects and biological monitoring of the mitigation site shall be the responsibility of the Biological Consultant. The Engineer will work with the Biological Consultant to maintain a schedule and checklist for all types of monitoring events to ensure that the timing of the physical monitoring and biological sampling coincide to provide the best correlations between the physical and biological data sets. Every effort will be made to minimize both the biological and physical monitoring protocols. Task 2 — Physical Monitoring The performance of hydrographic and topographic surveys is required to comply with mitigative monitoring conditions of the Permits and incorporated Inlet Management Plan. Surveys must include aerial photography for each monitoring event. Physical Monitoring Survey Schedule Full Monitoring Survey — Annually in April /May Mid Year- Inlet Survey — Annually October Pre Project and Post Project - For Maintenance Event Years *Every effort will be made to integrate pre - construction and post - construction surveys into the planned monitoring survey schedule. * * Additional surveys are to be performed after major storm events. Sc- 1 Board of Commissioners Meeting 10/01/2012 13 -1 -3 Full Monitoring Survey Area: Beach Profiles: 40 Profiles from Dune to —25 ft Contour (2000' + / -) (500' Topo - 1500' Hydro) Inlet Cross - Sections: 20 -25 Cross - Sections (includes Topo on inlet shoulders to minimum +5 ft NGVD elev.) (500' Hydro 500- 1000'Topo) Mason Creek: 40 Cross - sections w/ topo 200' into marsh (Approx: 140' Hydro 450' Topo) AIWW: 30 Cross - Sections 1500' either side of Mason Creek (Approx. 200' sections) Old Inlet Channel: 10 Cross - Sections w/ topo 50' into marsh (Approx. 900' sections majority Topo) Survey Area: Beach Profiles: 11 Profiles from Dune to —25 ft Contour (2000' + / -) (500' Topo - 1500' Hydro) Inlet Cross - Sections: 58 Cross - Sections (includes Topo on inlet shoulders to minimum +5 ft NGVD elev.) (500' Hydro 500- 1000'Topo) AIWW: 30 Cross - Sections 1500' either side of Mason Creek (Approx. 200' sections) Aerial Photography: Rectified Color Aerial Photography for the entire monitoring area at I"=200' at the time of each full monitoring event. 100% overlap results in approximately 42 frames. Sufficient horizontal control (Targets) must be set along the beach and within the marsh adjacent to mason creek prior to each flight. maintenance event occurs. SC -2 Board of Commissioners Meeting 10/01/2012 13 -1 -4 Task 3 - Monitoring Reports Monitoring reports are to be submitted to the regulatory agencies are required after each physical monitoring event and annually as a requirement of the USACE and NCDCM Permits. Physical Monitoring Reports for Full Monitoring Surveys Summary reports for each of these surveys will include an executive summary of the survey findings and the following information in tabular or map form: Bathymetric /Topographic Maps: Bathymetric and Topographic data shall be plotted atop Color Aerial photography at a scale of 1 " =200' on I I "x 17" paper. Elevation data shall be referenced to NGVD 1929 are horizontal coordinates referenced to the NAD83 NC State Plane Coordinate System. Beachfront Shoreline Movement: An analysis of shoreline movement shall be tabulated for each Beach Profile. Shoreline movement will be measured as the distance the Mean High Water line has moved seaward or landward during the period between the prior survey and the current survey and shall include an annualized average for the specific period. Erosion /Accretion Analysis: An analysis of sediment erosion and accretion shall be performed and tabulated for the beachfront within the survey area. The analysis will be broken into 6 "Volumetric Control Cells" as indicated in the Inlet Management Plan. The beachfront and ebb shoal cells (cells 1, 2, 4, 5, & 6) will be subdivide into 3 regions, onshore, nearshore, and offshore. These regions will be delineated in the following manner; onshore will be within 500 ft of the reference monuments, nearshore will be 500 ft to 1000 ft from the reference monuments and offshore 1000 ft to 2000 ft from the reference monuments. Analysis of the volumetric changes for each region and overall volumetric changes for each cell will be tabulated to determine longshore and cross -shore movement of sediments. Inlet Migration and Sedimentation Capacity Analysis: Cell 3 encompasses the inlet throat and the inlet sedimentation basin. Analysis of Cell 3 will include the amount of sediment accumulated within the Inlet Throat, Flood Shoal and Mason Creek areas between the prior survey and the current survey and will include an annualized average for the period. Total quantity of material deposited within the cell after the most recent construction event will be calculated to determine the remaining capacity of the system. The analysis will also tabulate the movement of the Mean High Water Line and the Mean Low Water Line perpendicular to the north and south shoulders of the inlet for each survey cross - section of the Inlet between the prior survey and the current survey as well as the overall movement since the last construction event. The migration rate shall also be presented as an annualized rate for both the current and overall period. SC -3 Board of Commissioners Meeting 10/01/2012 13 -1 -5 AIWW Shoaling Analysis: Quantities of shoal material deposited in the AIWW adjacent to Mason Creek shall be tabulated for the period between the prior survey and the current survey and an annualized shoaling rate for the period calculated. Should dredging occur within the survey area between survey events, shoaling quantities and rates shall be adjusted to reflect the removal of material. Habitat Acreages Analysis: For each survey an analysis of the acreages for the various habitat types will be performed and tabulated based on elevation and location parameters established within the USACE Permit. The total acreage for each of the 6 habitat types (Supratidal Dry Sand Beach, Intertidal Bare Sand Beach, Surf Zone Bare Sand Beach, Intertidal Bare Sand Beach, and Tidal Marsh) will be calculated from the bathymetric /topographic survey data and /or aerial photography. Changes in the acreage for each type of habitat will be tabulated for the period between the prior survey and the current survey. This work shall be coordinated and reviewed with the Biological Consultant. Monitoring Reports for Mid -Year Inlet Area Surveys For years in which a full survey of the project is required on an annual basis a report summarizing the results of the bi- annual inlet survey will be produced. The report will include the amount of sediment accumulated within the boundary of the Sedimentation Basin and the Inlet Throat between the prior survey and the current survey and will include an annualized average for the period. Total quantity of material deposited within the area after the most recent construction event will be calculated to determine the remaining capacity of the system. The analysis will also tabulate the movement of the Mean High Water Line and the Mean Low Water Line perpendicular to the north and south shoulders of the inlet for each survey cross - section of the Inlet between the prior survey and the current survey as well as the overall movement since the last construction event. The migration rate shall also be presented as an annualized rate for both the current and overall period. Annual Monitoring Reports Each year at the anniversary of initial project construction, an annual report will be produced and submitted to the County and appropriate regulatory agencies. The report shall contain all elements of the Physical Monitoring Reports for Full Monitoring Surveys for that one year period. For years in which multiple full monitoring surveys are required incremental changes will be discussed in the executive summary. In addition to the elements of the Physical Monitoring Reports for Full Monitoring Surveys, the annual reports shall contain the following additional information: SC -4 Board of Commissioners Meeting 10/01/2012 13 -1 -6 Project to Date Analysis: The annual reports shall include "Project to Date" tabulation of all six analysis items. The tabulation shall contain overall changes in the project since the last construction event and an annualized average for the multi -year period. Biological Analysis: The Annual Biological Reports from the Biological Consultant shall be reviewed prior to the production of the annual Physical Monitoring Report to examine if any correlations exist between the changes in the physical condition of the project area and the diversity of species or utilizing those areas. Discussion of any correlations between site conditions and biological usage of the project area will be coordinated with the Biological Consultant and included in the report. Project Performance Evaluation: Each annual report shall include a projected need for maintenance based on current and projected conditions of the Project Area. There are three "triggers" which will determine the need for project maintenance: Trigger I — Excessive volumetric losses within any of the beachfront cells. Trigger 2 — Shoaling of the Inlet Throat and Interior Channel System beyond design capacity. Trigger 3 — Migration of Mason Inlet outside of the designated inlet corridor. Each annual report shall include a tables and graphs of the status of each of these three criteria and a projected date in which the maintenance threshold for each of the criteria might be achieved. Task 4 - Maintenance Event Determination and Permitting When analysis of the physical monitoring data projects that any one of the three maintenance event triggers will occur, work shall begin on an estimated 18 month time frame to procure the required NCDCM permit modifications and coordinate the required federal regulatory review for required maintenance activities. The size and location of the proposed dredging area and the location of the beach nourishment area will be designed from the existing conditions and the need -based criteria for beach nourishment established in the Inlet Management Plan. Permit Drawings will be prepared and the application for permit modification submitted to NCDCM. A report identifying the need for maintenance and supporting data will be filed with USACE in accordance with Item 3 of the USACE Permit. Task 5 - Preparation of Plans & Specifications, Procurement, and Contract Negotiations Upon procurement of the NCDCM Permit Modification to provide for a maintenance event and completion of Federal Regulatory Coordination, Plans and Specifications for the maintenance event will be prepared. This document will instruct potential contractors SC -5 Board of Commissioners Meeting 10/01/2012 13 -1 -7 how to submit a bid to the County and will specify contract quantities and types of material, allowable construction methods, payment method, bonding requirements, environmental compliance requirements, and safety requirements. The specifications will be prepared in accordance with the New Hanover County's bidding procedures and will include all Standard General Conditions utilized by the County for contract procurement. GBA will assist the County during the procurement process by conducting a pre -bid conference with interested contractors and preparing any required addendums to the contract documents as a result of the conference. GBA will provide engineering information to prospective bidders during the advertisement period and upon submittal of the contract bids, GBA will support the County's assessment of the bids and review the contractor's capability to perform the work. Task 7 — Construction Management for Maintenance Event Construction Management for maintenance events will include an onsite engineer and sufficient staff to perform the following tasks: Conduct Pre - Project meetings with the contractor to determine work schedules, sequencing and construction methodology. Conduct Pre -Pro. ect meetings with the contractor and state and federal regulatory agencies to aid contractor understanding and compliance with the environmental aspects of the project and associated permits. Perform Pre - Project hydrographic and topographic surveys. Perform daily interim hydrographic and topographic surveys for acceptance of completed sections and payment calculations. Daily progress logs for the project will be maintained with percent complete calculations and projected completion date updated weekly. Oversee construction to verify that construction is performed in accordance with the contract documents and that construction activities are in compliance with the state and federal permits. Support interaction between the County, local governments, regulatory agencies, and other stakeholders regarding project construction. Perform Post - Project, "As- Built ", hydrographic and topographic surveys. Oversee cleanup and demobilization of construction equipment. Provide a completion summary of construction activities to the County. SC -6 Board of Commissioners Meeting 10/01/2012 13 -1 -8 Task 8 — Additional Services for Permit Compliance & Maintenance Events Additional services for permit compliance and maintenance event construction may be required, but cannot be quantitatively assessed at this time. These services include, but are not limited to: Evaluation, Design & Permitting of mitigative actions required by Condition 25 of the USACE permit and Condition 24e of the NCDCM Permit should the need arise. Participate in meetings with the regulatory agencies, which may be requested to review monitoring report data. Aid the County in determining distribution of costs to affected Homeowners and Homeowners Associations to support project maintenance and permit compliance. Additional Physical Monitoring after major storm events (includes elements of Tasks 2.1, 2.2, & 3.1 and shall be priced in accordance with the physical monitoring estimates for the year in which the storm occurs). *GBA, along with the County shall assess the additional services and budget estimates for specific needs on a 6 -month interval as the needs become defined. Remainder of Page left Blank Intentionally SC -7 Board of Commissioners Meeting 10/01/2012 13 -1 -9 Proposal Physical Monitoring &Engineering Services For Permit Compliance Years 11 -15 Board of Commissioners Meeting 10/01/2012 13 -1 -10 Proposed Budgets For 5 Years YEAR BUDGET CONTINGENCY TOTAL Year 11 X247,990 $12,400 $260,390 Year 12 $116,920 $ 5,845 $122,765 Year 13 X181,840 $ 9,090 $190,930 Year 14 $122,990 $ 6,150 $129,140 Year 15 $272,817 $13,640 $286,457 TOTAL $942,557 $47,125 $989,682 P -1 Board of Commissioners Meeting 10/01/2012 13 -1 -11 Year 11 (October 2012 — September 2013) Inlet Survey /Pre - construction Survey Hydrographic Survey 2 days $3,990 /day Topographic Survey 2 days $2,670 /day Aerial Photography Cost + 10% Report 24hrs $120 /hr avg $ 7,980 $ 5,340 $ 9,350 $ 2,880 TOTAL Contract Procurement Preparation of Plans & Specifications Pre -Bid Meetings, RAI Response, & Bid Analysis Construction Management Construction Management Team 4 months $25,550 $ 16,500 $ 8,250 $30,000 /month $12000 Monitoring Survey /As Built Survey April 2013 Hydrographic Survey 4 days $3,990 /day $15,960 Topographic Survey 10 days $2,670 /day $26,700 Aerial Photography Cost + 10% $ 9,350 Report/Permit Review l 00hrs $120 /hr avg $1200 TOTAL $64,010 Project Coordination (May - September) Project Engineer 90hrs $152 /hr $1300 Year 11 Total Contingency (5 %) $247,990 $ 12,400 P -2 Board of Commissioners Meeting 10/01/2012 13 -1 -12 Year 12 (October 2013 — September 2014) Inlet Survey (October 2013) Hydrographic Survey 2 days $3,990 /day $ 7,980 Topographic Survey 2 days $2,670 /day $ 5,340 Aerial Photography Cost + 10% $ 9,350 Report 24hrs $120 /hr avg $ 200 TOTAL $25,550 Monitoring Survey (April 2014) Hydrographic Survey 4 days $3,990 /day $15,960 Topographic Survey 10 days $2,670 /day $26,700 Aerial Photography Cost + 10% $ 9,350 Report/Permit Review l 00hrs $120 /hr avg $1200 TOTAL $64,010 Project Coordination (October - September) Project Engineer 180hrs $152 /hr $27,360 Year 12 Total Contingency (5 %) $116,920 $ 5,845 P -3 Board of Commissioners Meeting 10/01/2012 13 -1 -13 Year 13 (October 2014 - September 2015) Inlet Survey (October 2014) Hydrographic Survey Topographic Survey Aerial Photography Report 2 days $4,180 /day 2 days $2,800 /day Cost + 10% 24hrs $12 8 /hr avg $ 8,360 $ 5,600 $ 9,820 $ 3,070 TOTAL Maintenance Project - December 2014 (Truck Haul Only) Contract Procurement Preparation of Plans & Specifications Pre -Bid Meetings, RAI Response, & Bid Analysis Construction Management Construction Management Team 2 months $22,000 /month Monitoring Survey (April 2015) Hydrographic Survey Topographic Survey Aerial Photography Report /Permit Review 4 days $4,180 /day 10 days $2,800 /day Cost + 10% 100hrs $128/hr avg $26,850 $11,000 $ 3,850 ' ►� � 111 $16,720 $28,000 $ 9,820 $12,800 TOTAL Project Coordination (October - September) Project Engineer 180hrs $160 /hr Year 13 Total Contingency (5 %) $67,340 ..11 $181,840 $ 9,090 P -4 Board of Commissioners Meeting 10/01/2012 13 -1 -14 Year 14 (October 2015 — September 2016) Inlet Survey (October 2015) Hydrographic Survey 2 days $4,180 /day $ 8,360 Topographic Survey 2 days $2,800 /day $ 500 Aerial Photography Cost + 10% $ 9,820 Report 24hrs $128/hr avg $ 3,070 TOTAL $26,850 Monitoring Survey (April 2016) Hydrographic Survey 4 days $4,180 /day $16,720 Topographic Survey 10 days $2,800 /day $2800 Aerial Photography Cost + 10% $ 9,820 Report/Permit Review 100hrs $128 /hr avg $1200 TOTAL $67,340 Project Coordination (October - September) Project Engineer 180hrs $160 /hr $2800 Year 14 Total Contingency (5 %) $122,990 $ 6,150 P -5 Board of Commissioners Meeting 10/01/2012 13 -1 -15 Year 15 (October 2016 — September 2017) Inlet Survey /Pre - construction Survey (October 2016) Hydrographic Survey 2 days $4,390 /day Topographic Survey 2 days $2,930 /day Aerial Photography Cost + 10% Report 24hrs $133 /hr avg $ 8,780 $ 5,860 $10,285 $ 3,192 TOTAL Contract Procurement Preparation of Plans & Specifications Pre -Bid Meetings, RAI Response, & Bid Analysis Construction Management Construction Management Team 4 months $28,117 $18,150 $ 9,075 $33,000 /month $13200 Monitoring Survey /As Built Survey April 2017 Hydrographic Survey 4 days $4,390 /day $17,560 Topographic Survey 10 days $2,930 /day $29,300 Aerial Photography Cost + 10% $10,285 Report/Permit Review 100hrs $121 /hr avg $13,300 TOTAL $70,445 Project Coordination (May - September) Project Engineer 90hrs $167 /hr $15,030 Year 10 Total Contingency (5 %) $272,817 $ 13,640 P -6 Board of Commissioners Meeting 10/01/2012 13 -1 -16 Billing Procedure and Rates Physical Monitoring &Engineering Services For Permit Compliance Maintenance Event Construction Board of Commissioners Meeting 10/01/2012 13 -1 -17 Billing Procedure Billing for services provide shall be conducted in accordance with the following schedule. Tasks described as lump sum pricing shall be billed in full upon completion of the individual task and submission of the required deliverables. Tasks with estimated budgets or time durations exceeding one month shall be billed monthly per the attached fee schedule. All Sub - Contract work and Other Direct Costs (ODC's) shall be billed to the County at the end of the month in which the costs were incurred. All ODC's and Sub - Contractor costs shall be billed to the County at cost plus a 10% administrative handling fee. Task 1— Coordination of Physical and Biological Monitoring Task 1 shall be billed monthly as services are provided. Task 2 — Physical Monitoring Upon completion of each individual survey required under Task 2, GBA shall bill the County as lump sum for the services provided per the rates provided in the proposal. Task 3 — Monitoring Reports Upon Submission of each individual monitoring report required under Task 3 GBA shall bill the County as lump sum for the services provided per the rates provided in the proposal. Task 4 — Maintenance Event Determination and Permitting Task 5 shall be billed monthly as services are provided per the attached fee schedule. Task 5 — Preparation of Plans & Specifications, Bid Procurement, and Contract Negotiations Task 6 shall be billed monthly as services are provided per the attached fee schedule. Task 6 - Construction Management — Maintenance Event The Pre - Dredge and Post Dredge Surveys associated with Task 7 shall be billed as lump sum upon completion of each survey and submittal of required deliverables. Construction Management services shall be billed at monthly at the monthly rate provided in the Proposal. Task 7 — Additional Services Any additional Survey Services requested shall be billed at the daily rates provided in the proposal for the year in which the service is requested. All other additional services requested shall be billed monthly as services are provided per the attached fee schedule. Any Sub - Contracted work or ODC's incurred under Task 8 shall be billed at cost plus a 10% administrative fee. B -1 Board of Commissioners Meeting 10/01/2012 13 -1 -18 GAHAGAN & BRYANT ASSOCIATES, INC. PERSONNEL CLASSIFICATIONS - AS OF 01 JAN 2002 Sr. Associate: Project Manager Sr. Dredging Specialist Sr. Cost Engineer Sr. Planner Associate/ Sr. Engineer. Project Engineer Sr. Coastal Engineer Hydrographic Expert Dredging Specialist Cost Engineer Sr. Hydrodynamic Modeler Sr. Civil Engineer Sr. Structural Engineer Engineer l: Multi -Beam Operator Hydrographic Party Chief Side Scan Operator Subbottom Profiler Operator Civil Engineer Structural Engineer Coastal Engineer Hydrodynamic Modeler Mechanical Engineer Technical Report Writer Specification Writer Engineer ll: Instrument Man Construction Inspector Survey Technician Jr. Staff Engineer (All Disciplines) Computer Operator Sr. Construction Inspector Hydrographic Surveyor Registered Land Surveyor Sr. CADD Specialist GIS Specialist Technician l: Boat Operator CADD Draftsman Tideman / Rodman Technician ll: Admin / Tech Assistant Word Processor / Typist B -2 Board of Commissioners Meeting 10/01/2012 13 -1 -19 GAHAGAN & BRYANT ASSOCIATES, INC. PERSONNEL RATES — AS OF 01 JAN 2011 Rates $ /Hour Engineering Rates: 750.00 Principal 237.00 Sr. Associate 201.00 Associate / Sr. Engineer 149.00 Engineer I 135.00 Engineer II 113.00 Technician I 89.00 Technician II 65.00 Equipment Daily Rates: Polarfix Positioning System 750.00 Trimble RTK/OTF (MS750) 400.00 TSS DMS -10 Motion Sensor 185.00 Valeport Recording Tide Gauge, w/ modem 75.00 Single -Beam Survey System 301.00 Multi -Beam Survey System 2,540.00 27' Survey Vessel w/ Trailer &Tow Vehicles 900.00 Single -Beam Office Processing Syst. 177.00 Multi -Beam Office Processing Syst. 266.00 Total Station w/ Logger 150.00 Sea Sled, Tracked Vehicle &Jet Ski 366.00 4x4 Truck for beach 70.00 Sound Velocity Profiler for Beach Surveys 55.00 Side Scan Sonar (384kHz) 864.00 Subbottom Profiler (0.5 - 5 kHz) 1,100.00' Side Scan & Subbottom Office Processing Syst. 605.00 B -3 Board of Commissioners Meeting 10/01/2012 13 -1 -20 AGENDA: October 1, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013 - 23 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -23 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: Mason Inlet Relocation Department: Finance Expenditure: Decrease Increase Capital Project Expenditures $260,390 Total $0 $260 Revenue: Decrease Increase Transfer in from Special Revenue Fund $260,390 Total $0 $260 Fund: Room Occupancy Tax (ROT) Department: Finance Expenditure: Decrease 1 Increase Transfer to Capital Project Fund $260,390 Total 1 $0 $260 Revenue: Decrease Increase Appropriated Fund Balance $260,390 Total $0 $260 Section 2: Explanation Additional funds are needed to continue required year eleven maintenance and monitoring contracts associated with the Mason Inlet Relocation project. Staff requests approval to transfer $260,390 from the Room Occupancy Tax (ROT) Fund to the Mason Inlet Relocation Fund. Appropriated fund balance will be used. (The cost will eventually be repaid through assessment of the benefiting property owners.) 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 -23, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 1 st day of October, 2012. (SEAL) ATTEST: Jonathan Barfield, Jr. Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/01/2012 13 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 14 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. This item was continued from the September 4, 2012 County Commissioners meeting to allow the applicant to hold a second community meeting for which current leaseholders were given notice. 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 Board of Commissioners Meeting 10/01/2012 14 -0 2) Documentation of an encroachment agreement with Progress Energy with regard to the location of proposed Building 10. 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 Staff Summary Z -922 Petition Summary Z -922 Adjacent Property Owners Map Z -922 Zoning—Aerial Map Market Street Corridor Study Z -922 Current Approved Site Plan with Signed Order -2004 Z -922 Proposed Site Plan- 8 -16 -12 Z -922 Amended Applicant Materials Z -922 9 -13 -12 Community Mtg- Tenants COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Continued 4 -0. Board of Commissioners Meeting 10/01/2012 14 -0 ITEM# 14 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. 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? 5. Ask Applicant whether he /she agrees with staff findings and any proposed condition. 6. Vote on rezoning (fiat vote) 7. Vote on the companion special use permit. (second vote) In Motion to recommend granting the permit - All findings are positive. In Motion to recommend granting the permit, subject to conditions specified below: (State Conditions) In Motion to recommend denial 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. Cannot not meet all required conditions and specifications, in particular: c. Will injure the value of adjoining or abutting property in the following way: [3 d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 10/01/2012 14 -1 -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 10/01/2012 14-2-1 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 10/01/2012 14 -2 -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 10/01/2012 14 -2 -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 10/01/2012 14 -2 -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 10/01/2012 14 -2 -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. Case Z -922, (08/2012) Page 6 Board of Commissioners Meeting 10/01/2012 14 -2 -6 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. 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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 10/01/2012 14-6-2 Board of Commissioners Meeting 10/01/2012 14 -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 \0OD2O\2 14-6-4 Current Approved Plan Board of Commissioners Meeting 10/01/2012 14-7-1 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 10/01/2012 14-7-3 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 10/01/2012 14-7-4 *rdered this 2nd da of Februar 2004. F, WAV M- I W's 0 4 Board of Commissioners Meetin 10/01/2012 14-7-5 PROPOSED SITE PLAN Board of Commissioners Meeting 10/01/2012 14 -8 -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 "Al ; a6 pg � l z a Board of Commissioners 14 -8 -2 4 a Ev 3 , 'faj s + ! Petifloner Information °` 6 - ive, .6.3G *1101"'r. NC 284,03, 0 7 9 10-798-7053, fax �u,bjwt Fe%,rertY 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 10/01/2012 14-9-1 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 10/01/2012 14 -9 -2 ,VIA a", T huee Oaks SUP 771ndin of Fact '5�312012 Reaulred Findings for fteco"ll Use Permlb Board of Commissioners Meetin 10/01/2012 14-9-3 '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 10/01/2012 14-9-4 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 10/01/2012 14 -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 10/01/2012 14-9-6 7) MJR ^ t n w z r " „ r , ,,,. , ,, r , .. r , r ,, i, t r �. r: t , \ ,. r3.. , ... 1. f ! ,s. !. , .,. �, ,. 4 „ r ,..S - ..,..., , , no , , ., � c omp l ete with y i4 ,{,f 4,: � „� 1 Y. \\ ti �} }} �t^�' �t, ti ( ), Im �tU 4 {� it ems , being a d ` )' t l,xti i 7 i t r ( a , ,- , r 1 ,\ � + t ": an , e- � s c , ( 4 , ,�} ' ;Si , 7 ,t`ii r , - l S ', f Rc and + + r� t_. r a,„ }! , }t,, } �Y1` l ". +„ =ft, f `�7, �,'^ S , S, i,. b A li, £� ,� r1a�' r 't `=!"+'. �� r }�' ( '� }, t , ri i, r, i + '1 ^ 1' j F`4` ''�� S( �, I� + ^fk ys �', + & RzI�t, f' -,� ( ' °fib i J , 4 , .,C Y� I`}�` i +`',, i, 1, WIIiiiii . . . . . . . . . . ., r t , l ,; I ,,. ,, 7'� I ,.� .•( Ir r i ?h. t , ,. .,, , i,. \ ., , .• .•- , ,. }.S t , t -:, r „ i, � c i c, i , , i ,.... r, I+ ,�„ ,,. . ,,, , -,:. s _r r -: �r ,. ... s„ , ,s ,,. , , .4_ �..,. . 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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 10/01/2012 14 -9 -9 Board of Commissioners Meeting 10/01/2012 14-9-10 Board of Commissioners Meeting 10/01/2012 14-9-11 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 10/01/2012 14-9-12 Board of Commissioners Meetin 10/01/2012 14-9-13 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 10/01/2012 14-9-14 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- , r � , t'A i . � dF ,, � � � M ar k et It y , t r `1 } Dist 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 10/01/2012 14-9-15 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 10/01/2012 14-9-16 " 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 10/01/2012 14-9-17 N Board of Commissioners Meeting 10/01/2012 14-9-18 The Parry at Three Dabs Special Community Meeting Report community meeting was held at 6:00 pm on Thursday, September 13, 2012 in the clubhouse of The Park at Three Oaks. This meeting was organized at the direction of NHC planning staff to provide current tenants of The Park at Three Oaks an opportunity to review plans, ask questions, and voice concerns regarding the proposed conditional use rezoning. The tenants were notified by memorandum delivered to each individual unit on Friday, September ', 2012. Approximately 10 people attended the meeting. A copy of the sign in sheet is attached hereto. Where were no efforts to reach out to Stroud Engineering, 3 Oaks staff, or NHC planning staff in the creek leading up to the meeting. The attendees were informed about the rezoning and additional units gong up at The Park at Three Oaks. General questions about the project (and the answers provided) included: When will the construction start? Hopefully., this winter. • How long will the construction last? About 6 months. • what hours will the construction tale place? Generally, 8-5. • will it be dusty? A little. The site will be required to satisfy the NHC erosion control requirements. • Will it be noisy: Somewhat. Management will be willing to work with anyone who is taut out by the noise such as folks who work the graveyard shift and sleep during the day. How much traffic will there be The site is estimated to generate 2 to more traffic. Will the construction and associated traffic affect Amaryllis Drive? No extensive wank is proposed in Amaryllis Drive and there should be minimal conflicts with tenants. • Can the existing driveway facilitate this traffic? Yes, the turn lane atAmaryllis was designed to handle about 3 of the current traffic. • what is the square footage of the proposed units? 625 sf + -. How much is the rent going to be $600 + This will increase as de R M #' } { pm t / V# Y V lJ ■ Y cost t ■ V i rise. Will here be Section 8 units? .moo. Will there be Handicap Accessible units? Yes. • What will that look like/how may floors? The new buildings will nurror the existing units and will have 3 loons. • How many parking spaces will be provided? Two per unit. • will all the trees be cut down? Most of them will. Trees that coincide with landscaping islands a d assive open space will be retained when possible. New trees will be planted in accordance with NIIC landscaping requirements. The proposed use was not discouraged nor were here any interpretations that it was offensive. Furthennore, most attendees are now on the waiting list to move into the proposed apartments. As such, there are no plan revision considered necessary as a result of this meeting. Board of Commissioners Meeting 10/01/2012 14 -10 -1 Special Community Meeting for the The Park at Three oaks Conditional Use Rezoning held on Thursday, September 13th, 2012 at :00 p.m. at The Park at Three oafs Clubhouse Please sign in to insure we are able to best address your comments. Na email fl"�a mz' aji, waaw �. *` i • 6 Z 21 f� 0 C Ou L o AIL 4 o 1 1 14 1 9 20 4 1 9 0 p I of 4 >M Board of Commissioners Meeting 10/01/2012 14 -10 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and 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 -918, 04/12) - Request by Walter Pete Avery on Behalf of Horn Road, LLC to Rezone 2.49 Acres of Land and 1.70 Acres of Right -Of -Way from CD(0 &I) Conditional Office and Institutional to CDZ (B -2) Conditional District Highway Business BRIEF SUMMARY: At their September 6, 2012 meeting, the Planning Board voted 6 -0 to recommend approval of the request subject to the conditions recommended by staff and further restricting the permitted uses to exclude: 1) General Building Contractor with no outside storage; 2) Landscaping Contractors with no outside storage; 3) Research Facilities; 4) Electrical Repair Shops; and 5) Indoor Recreational Facilities. The Planning Board also recommended limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick up only. One adjacent property owner expressed concern regarding certain permitted uses in B -2, including electrical repair shops, indoor recreation facilities and research facilities; and the maintenance of the buffer area if privacy fencing is located within the buffer. The site is classified as Urban according to the 2006 CAMA Land Use 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 rezoning request subject to the following conditions: (1) The dumpster location be placed as far away as possible from the northwest property; (2) Installation of an eight (8) foot fence along the northwest side of the property; (3) In coordination with WAVE improve the existing transit site, fronting the subject property; (4) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure potential pedestrian safety and connectivity to the adjacent residential neighborhood; (5) Exclusion of Funeral Homes including cremation services, Special Trade Contractor with no outside storage, Landscape Services - maintenance and design or related services, General Building Contractor with no outside storage, Landscaping Contractors with no outside storage, Research Facilities, Electrical Repair Shops, and Indoor Recreation Facilities from the list of permitted uses and limiting Dry Cleaning Board of Commissioners Meeting 10/01/2012 15 -0 or Laundry Plants to facilities with drop off and pick up only; (6) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m. to 9 p.m., consistent with the intent of Section 23 -34(b) of the County Code of Ordinances relating to unlawful noise - generating activities in residential areas; and (7) Strategic placement of lighting and equipping each light with cones directing the light downward, minimizing the impacts on adjacent residential neighbors. ACTION NEEDED 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 CD (O &I) Conditional Use Office and Institutional to CDZ (B -2) Conditional District highway business as described is: 1. Consistent with the purposes and intent of the Urban classification and Policy 4.3 of the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 2.49 acres of land of CD(O &I) Conditional Use Office and Institutional and 1.70 acres of right -of -way to CDZ(B -2) Conditional District highway business, consistent with the existing commercial node. ATTACHMENTS: Z -918 Script Z -918 Staff Summary Z -918 Petition Summary Z -918 Adjacent Property Owners Map Z -918 Zoning Map Z -918 Zoning- Aerial Map Z -918 Permitted Uses Z -918 Current Site Plan -Admin Approved Z -918 6 -2006 Site Plan Z -918 6 -2006 Signed Order Z -840 Z -918 Proposed Site Plan Z -918 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Continued 4 -0. Board of Commissioners Meeting 10/01/2012 15 -0 Item # 15 Script for Rezoning (Z -918) 04/12 Request by W. Pete Avery on behalf of Horn Road, LLC to rezone approximately 2.49 acres at 4832, 4836, and 4840 Carolina Beach Road from CD (O &I) Conditional Office and Institutional and 1.70 acres of Right of Way from R -15 Residential to CZD (B -2), Conditional Zoning District Highway Business. The site is classified as Urban on the 2006 CAMA Land Classification Map. 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. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioners 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. Vote on rezoning. Board of Commissioners Meeting 10/01/2012 15 -1 -1 CASE: Z -918, 04/2012 PETITIONER: Pete Avery on behalf of Horn Road, LLC REQUEST: Rezone from CD (O &I) Conditional Office and Institutional to CZD (B -2) Conditional Zoning District Highway Business ACREAGE: 2.49 Acres (Land) and 1.70 Acres (Right -of -way) LOCATION: 4832 4836, and 4840 Carolina Beach Road LAND CLASS: Urban STAFF SUMMARY Planning Board Action: The Planning Board voted 6 -0 at their September 6, 2012 meeting to recommend approval of this item, subject to the conditions recommended by staff and further restricting the permitted uses to exclude the following: General Building Contractor with no outside storage Landscaping Contractors with no outside storage Research Facilities Electrical Repair Shops Indoor Recreation Facilities The Planning Board also recommended limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick up only. HT',qTORV-- The subject properties were rezoned from R -15 Residential and Office and Institutional to CD (O &I), Conditional Use Office & Institutional on June 5, 2006. The proposal was subject to a site specific plan, which included the development of two 8,750 square foot office buildings. The office buildings were limited in use to a barber shop; office space for private business & professional activities; government offices; neighborhood drug store; bank, credit agency or savings and loans office; and /or a printing office. The proposal was subject to two additional conditions, including the installation of a six (6) foot fence along the northwest side of the property and that the dumpster be located as far away as possible from the Wilson residence (also along the northwest side of the property). The County Commissioners approval was based on an appeal from the Planning Board's, 3 -2, denial on May 4, 2006. The original proposal, denied by the Planning Board, was a request to rezone to CD (B -2) Conditional Use Highway Business. In addition to traffic and safety concerns, there was strong community opposition expressed during the public comment period and supplemented by a petition in opposition with fifty eight (58) signatures. The approved site plan was modified administratively, under Section 71.1(a), on February 8, 2008 in order to reconfigure the proposed office layout. There was a reduction of 800 square feet of office space and reconfiguration of parking accommodations. The Planning Board continued the most recent request to rezone 2.49 acres from CD (O &I) Conditional Use Office and Institutional to B -2 Highway Business at their April 12, 2012 meeting. Case Z -918, (04/2012) Page 1 Board of Commissioners Meeting 10/01/2012 15 -2 -1 PROPERTY SPECIFICS The subject properties are accessed off of Carolina Beach Road, an urban principal arterial roadway, located north of Antoinette Drive. The proposal includes three parcels, parcel I is addressed 4832 Carolina Beach Road, parcel II is 4836 Carolina Beach Road and parcel III is addressed 4840 Carolina Beach Road. The development proposal encompasses a combined acreage of 2.49 acres of land and 1.70 acres of right -of -way. All three tracts are owned by Horn Road, LLC. CHARACTER OF THE AREA: Current Zoning A conditional use district 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 zoning ordinance but none of the general zoning district classifications would allow that use. The procedure is intended primarily for use with transitions between zoning districts with very dissimilar character (i.e. R -15 and B -2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefitting all affected parties and the community -at- large. Further, the purpose of the Office and Institutional District is to provide areas where institutional uses, professional uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. South of the subject properties, across Horn Road, fronting Carolina Beach Road is a pocket of existing B -2, Highway Business. The B -2 zoning designation extends east, across Carolina Beach Road. However, north and west of the subject properties the zoning transitions to R -15, medium - density residential. Proposed Zoning The purpose of a conditional district is to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of the zoning ordinance and where only a specific use or uses is proposed for the project. This procedure is intended primarily for use with transitions between zoning districts of very dissimilar character (e.g. R -15 and B -2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The purpose of a B -2 Highway Business district shall be 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. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or maj or arterials as designated on the County's Thoroughfare Classification Plan. (8/4/86) No B -2 District shall be less than five (5) acres in area. The proposal is to construct a one - story, 8,320 square foot retail shell building and installation of fifty two parking spaces to accommodate the use and future expansion. The proposed parking exceeds the thirty two parking spaces required in Section 81 -1. The applicant also anticipates growth and illustrates a future expansion phase of 4,160 square feet of additional retail space. TRAFFIC: Carolina Beach Road is an urban principal arterial roadway. Access to the property will require driveway permits from NCDOT. The ADT on Carolina Beach Road, north of Antoinette Drive, has decreased from 34,842 (2010) to 29, 835 (2011). The portion of Carolina Beach Road fronting the subject properties has a LOS E, meaning the Case Z -918, (04/2012) Page 2 Board of Commissioners Meeting 10/01/2012 15 -2 -2 roadway is operating at design capacity and traffic is experiencing delays at intersections. The intersection of Carolina Beach Road and Horn Road is not signalized. The traffic impact worksheet, provided by the applicant, estimates the proposed freestanding retail development will produce an AM peak of 10 trips and a PM peak of 63 trips. Therefore, a traffic impact analysis is not required. COMMUNITY SERVICES: Water /Sewer: The property is currently served by CFPUA. Fire Protection: The property will be served by New Hanover County Fire Services. Schools: School districts are determined by the New Hanover County Board of Education periodically. If the request is granted, the use will not be residential, so no impact on schools is anticipated. LAND CLASSIFICATION: The subject property is located in the southern portion of the county in an area with an urban land classification. The purpose of the urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Urban areas are typically already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. ENVIRONMENTAL CONSIDERATIONS: The subject properties are located within the Barnards Creek watershed drainage area which is classified as C; SW. The properties do not have any conservation, historic, or archeological resources on site. The soil maps indicate Leon Sand is the only soil located on the subject properties. Leon Sand is a Class III soil. It has severe limitations and requires extensive modification and intensive maintenance. PLANS AND POLICIES: Policy 4.3 of the 2006 CAMA Land Use Plan states the need to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. STAFF POSITION The revised proposal, which includes the right -of -way for both Carolina Beach Road and Horn Road, meets the requirements of both the Conditional Zoning District and B -2 Highway Business District and is located within an area classified as Urban according to the 2006 CAMA Land Use Plan. Further, the proposal is estimated to have a minimal impact on traffic, is situated adjacent to commercial uses both south and east of the subject site, and the proposed buffer will mitigate potential negative impacts to adjacent residential properties to the north and west. Therefore, staff recommends approval of the rezoning request; however, recommends the following conditions: (a) The dumpster location be placed as far away as possible from the northwest property; (b) Installation of an eight (8) foot fence along the northwest side of the property, (c) In coordination with WAVE improve the existing transit site, fronting the subject property; (d) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure potential pedestrian safety and connectivity to the adjacent residential neighborhood; (e) Exclusion of Funeral Homes including cremation services, Special Trade Contractor with no outside storage, Landscape Services- maintenance and design or related services , General Building Contractor with no outside storage, Landscaping Contractors with no outside storage, Research Facilities, Electrical Repair Shops, and Indoor Recreation Facilities from the list of permitted uses and limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick up only; (f) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m. Case Z -918, (04/2012) Page 3 Board of Commissioners Meeting 10/01/2012 15 -2 -3 to 9 p.m., consistent with the intent of Section 23 -34(b) of the County Code of Ordinances relating to unlawful noise - generating activities in residential areas; and (g) Strategic placement of lighting and equipping each light with cones directing the light downward, minimizing the impacts on adjacent residential neighbors. ACTION NEEDED: 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 CD (O &I) Conditional Use Office and Institutional to CDZ (B -2) Conditional District highway business as described is: 1. Consistent with the purposes and intent of the Urban classification and Policy 4.3 of the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 2.49 acres of land of CD(O &I) Conditional Use Office and Institutional and 1.70 acres of right -of -way to CDZ(B -2) Conditional District highway business, consistent with the existing commercial node. Case Z -918, (04/2012) Page 4 Board of Commissioners Meeting 10/01/2012 15 -2 -4 Case Z -918 (4/12) Rezone 2.49 acres of land at 4832, 4836, and 4840 Carolina Beach Road from CD (0 &1) Conditional Office and Institutional and 1.70 acres of Right -of -way from R -15 Residential to CZD (B -2), Conditional Zoning District Highway Business Petition Summary Data 4832, 4836, 4840 Carolina Beach Road Owner /Petitioner: Walter Pete Avery on behalf of Horn Road, LLC Existing Land Use: CD (0 &1) vacant Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type CFPUA Sewer Type: CFPUA Recreation Area Mary C Williams Access & Traffic Volume: The ADT of Carolina Beach Road, North of Antoinette Drive, has decreased from 34,842 (2010) to 29,835(2011).The portion of Carolina Beach Road fronting the subject property has a LOS of E, meaning 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: Barnards Creek (C;Sw) Aquifer Recharge Area: Recharge area of Sandhill aquifer -water table conditions. Conservation /Historic /Archaeological Resources: No conservation, historic or archaeological resources. Soils: Leon Sand is the only soil located on the subject properties. Septic Suitability: Leon Sand is a Class III soil. It has severe limitations and requires extensive modification and intensive maintenance. Schools: Mary C. Williams Board of Commissioners Meeting 10/01/2012 15-3-1 _ Lo U ? ` 4 J LO LO _ L. a o ❑ cn oo . 0 � ❑ (D E C (D ° � 0 ' E >1 c c� c�_ V•— 0+� O2 4� m O 4 2 0 J LO 0 CIA = O � u CL o b -0 , ' ,1 = LO W . co r O 0-) C�3 J _ CA Q} O LO ? O 0D O 7D > Cs3 W (D LO M + [[ J 55 M O CD a--� O co E:l O k m { r (? 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Board of Commissioners Meeting AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 4 OF NE HANOVER CO UN O R TY9 NTH CAROLIN W A ADOPTED April 7,1971 CASE: Z-840,05/06 L! I ki Q 1 11 1, T Le Description for CD ( 0&1) Rezonin of 48 3 24 48 3 6 & 4840 Carolina Beach Road Section 2. T'he Count Clerk is hereb authofized and directed under the supervision of the Count Commissioners to Chan the Zom'n Map No. 4 on file M' the office of the Count C ssioners, so as to Section 3. An ordinance or an part of an ordinan=in conflict with this ordionance, to the extent of such conflict'. is hereb repealed. Section 4. This ordinance is adopted 'in the interest of public health, safet morals and g eneral welfare of the in in ull force and effect from and after Its inhabitants of the Count of New Hanover, North Carol' a,andshallbe' f adoption. Adopted the 5'h da of June 2006, Robert G. Greer, Chairman A� Clerk to the Board Board of Commissioners Meetin 10/01/2012 15-10-1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA *RD ER GRANTING A SPECIAL USE PERMIT For Limited Usesin a CD (0&1) 7istlitution District 01" The Count Commissioners FIND AS A FACT that all of the specific re set forth in Section 72-27 of the Count Zonin Ordinance WELL be satisfied if the propert is developed in accordance with the plans submitted to the Count Commissioners. A. The subject propert is located within the M Grove VFD. B. Public water and sanitar sewer will serve the site. C. The subject propert is -not located 'in a 100- floodplain. D. Accegs to the site is from Carolina Beach Road and Ho m- Road. Both roads are public, 3. a is the Count Cornmissioners' CONCLUSION that the proposed use DOES satisf the second g eneral re listed in the Ordinance namel that the use meets all re conditions and specifications. In support of this conclusion, the Commissioners make the followin FINDINGS OF FACT: 4 A. Residential propert exists to the north and west of the proposed site. B. No evidence has been presented that the 17,500 s facilities use will decrease the value of adjoinin properties. 5. It is the Count Con-linissioners' CONCLUSION that the proposed use DOES satisf the fourth g eneral re listed in the Ordinance, namel that the location and character of the use if developed accordin to the plan as submitted and approved will be in harmon with the area in which Board of Commissioners Meetin 10/01/2012 15-10-2 it ig 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 FR\TDINGS OF FACT.- A. The 2006 updated New Hanover Count Comprehensive Plan classifies the site as Urban. V. Presentl the propert is vacant. e" The present zonin for most of the propert is 0&1 Office and Institution. because the Count Commiss' a 1 1 s Therefore, ioners conclude tht all of the g eneral speeffic cond'tion- precedent to the issuance of a SPECLkL USE PERMIT HAVE been satisfied IT IS ORDERED tha) the application for the issuance of a SPECLkL USE PERMIT ]BE GRANTED sub to the followin condition - E1 1111111" Pill 1111111! B. That the dumpster be located as far awa as possible from the Wilson residence (northwest side"' C. That a 6 foot shadow box fence be 'installed alon the northwest side of the propert Ordered this 5t" da of June 200J. CleR to the Boaxd Robert G. Greer, Chairman Board of Commissioners Meetin 10/01/2012 15-10-3 9t8Z D :'- 2s uaDrl O3H�3H.^, WtK HN NO�IDNIIA'IM& 4 09L9 (016) (0 -0�9-I6-/ (016) DN `,UN -10D 2IH10N H i1HN ed� aDNDISK — OOZ HIS ` Hsi' HH? ,I.HD Hd L08c, �OtK �uPJu -) T .TON `uO1Wun r T 7 3,e s LLJ '� HDV'E19 V NI D Z� 8b �9 9� 81� OtSt zloz „�� lda D'I"I `CIVOU M10H Ioz aims `aAIzR zapuealo T I65 NOUVV4z1OJNJ ONiAAeaa 7N `�77T,� LL T.TF'd DN `tiU LJN A'1L'A _ ti � c3 �N`11S3O lVNld m - LnoA,v A :SNOISIAMJ J O __ __. ____ V �gp H e g te( �t----{ D r) f @ w w Y ��1 �36J - > �� I 3� d lS d.l eJ � �1 ",. 1 (z )i -inn a ,4 Nouewao�Ni 1N3n� y r snlvls lOaroad w °- a ? o W o a z w w0 Qr n a a r Ju U D W LU Z J LL W W U > > O to U m m a w o ❑ ❑ Q w w w w z z p co co O -- a a. a d X X 0C � � � w w a a a a It 11 It a II � I I w 0 d y, � y � W IL Q o \ / \ \ Z \ > ° o r> 0 N O 0 0 W M O CC ❑ j 0 o a7 a J J pp z } Q li Q II ° Z a z z � W N 0 M f7J oQ W C7 _. H W O m Lu 0 ❑ ❑ W N W LU W N m oZ_ZU 0 O J °JO12 ro~ U F . 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How would the re chan be consistent with the Count Policies for Growth and DevelopmentT. 2. How myould the re zone chan be consistent with the propert classification on the Land Classification MaP9 SEE ATTACHMENT A 3. What si nei chan have occurred to make the ori zonin inappropriate, or how is the land involved unsuitable for the uses permitted under the existin zonin WR I UMM Board of Commissioners Meetin 10/01/2012 15-12-2 4 . How will this chan of zonin serve the pd* E' ATTA � �' $ J �' C, 1 � 5��. 9 In si this petliti & on, I understand that the exiistin zonin map is presumed to be correct and that I have the burden of provin wh a chan 'I's in the public 'Interest. I further understand the slin out of one parcel of land for 1 0 special zonin treatment unrelated to Count pollielies and the surroundin nei would probabl be 'Ille I certif that thlis appIleaftion 'is complete and that all linformatilion presented in thi's application 'i's accurate to the best of m knowled 'Information, and bellieL Si of Petitioner and/or Propert Owner 0131�1111 �, IM Board of Commissioners Meetin 10/01/2012 15-12-3 ATTACHMENT A +( 2 I 1 ttt r ct ct t' r t' t i 1 A } t a� t S, r' r r t Board of Commissioners Meeting 10/01/2012 15 -12 -4 Board of Commissioners Meeting 10/01/2012 15 -12 -5 P�ease note must represent ",, , the case at 'Its public hearin li p '0 0 '1 1 Ir 01�11 ii lip! Thi's a a shall continue in effect untiffil written notice of revocation b the owner 'I's delivered to New Hanover Count This the -day of PAAPIA 920 - - - I - - A Name, Address, Email & Telephom (Print or T MIErr8C-?o,- Rq L.1-C WINTMIKIIII �WIIF Board of Commissioners Meetin 10/01/2012 15-12-6 1 F i I I I • s • R07100-002-002-000 • R07100-002-003-000 THE CURRENT PROPERTY OWNER OF RECORD IS HORN ROAD LLC, A REGISTERED LIMITED LIABILITY COM PANY A Board of Commissioners Meeting 10/01/2012 15-12-8 Horn Road, LLC 380 7 Pea c. h, tre. e Ave: ti ue, Suite 200 Wilmin NC 28403 910-395-6036 Bein the appointed A of the propert owner Horn Road LLC, I am provid'in- the attached revised Zonin Map Amendment application and supportin documents for the above referenced properties. r Board of Commissioners Meetin 10/01/2012 15-12-9 11 Sincerel Walter Pete Avery A for Horn Road, LLC Board of Commissioners Meetin 10/01/2012 15-12-10 Board of Commissioners Meeting 10/01/2012 15 -12 -11 r i' r r a i Board of Commissioners Meeting 10/01/2012 15-12-12 w� s ,r ■a • as • En— Ln LLJ H z CL LLI a J 0 0 LL LO H J ?- J LL. 03 ca (n LU F— J En 0 CC J LLI cc — W — F-- — U LL J ce. J F- h- ' °_ LU J J H cc L<U F— F— w LL J — J Lu Ell 2 H '►. w VI VI J J �— J J H -- ` — LU ® LLJ H H — J J lJJ LL! 1 0 ix E- �- ? ' b �- �J' w C) 0 _ O .� e( ,�� L �[ 5 0 J W W J < < LLI 0 w LU J r-� LU CA 0 `° I — LU Ln V) z J J J _ P — F— .� — �— — f— J M-" LA 0 J J L— 0 1-- '— — N^ J ~ J r uj ..J I Z < LU 0 0 J Board of Commissioners Meeting 10/01/2012 15-12-12 w� s ,r ■a • as • ;7 A I I :)NT 'AJNaOD UaAONVH ��'M ]�DN719 WIMOWD zieil V*10 �c livrUCTIRDMOD ., A I I ) -V' opt 4. 41, 0 M �1 l 1; NVICI 9LIS k ;7 A (MVIS'81 Mrd NHO14 I I I 1 101 1 171 1 ., A I I ) -V' opt 4. 41, 0 M �1 l 1; k UN W.-i-.-n cm z IBM X ve A ps LL in Z 2 so AL IL LL A, CL IL 13 a a, u L 0 au gc E. L A z A 7,-P- (MVIS'81 Mrd NHO14 M P. opt 4. EL 0 M �1 l 1; UN W.-i-.-n cm z IBM (MVIS'81 Mrd NHO14 Board of Commissioners Meetin 10/01/2012 15-12-13 0 z LL 03 ps LL in Z 2 so AL IL LL A, CL IL 13 a a, u L 0 au gc E. L Board of Commissioners Meetin 10/01/2012 15-12-13 AL IL A, IL a a, u L 0 Board of Commissioners Meetin 10/01/2012 15-12-13 Traffac Impact Worksheel PROJECT NANIE To be determ:11-ned PROfECT ADDR]ESS 4832,41136 & 4840 Carolina Beach Road ■ GROSS FLOOR AREA :L:1400 —s fto ■ 11,11IN170,17MI Avera DaLl Traffic (Date) US 421: 29385 f _ JEVF i R ,, 0j r-I SE ITE MANUAL rRA c:rFNERATION ESTDAATE *rYE Monuril availsible -,IL PIDUMIlIg DCPUI 1131011 -andin Reba "I and Shops IF reest USE AND VAIUADLESVI ('Example: Rac Club; 8 courts; Saturda peaks) calc Hour estimate corfflrmed b Plaiming & ZOning on B 5= Board of Commissioners Meetin 10/01/2012 15-12-14 Weekda Peak AM: Avera 1000 S GFA T = 10 Av Weekda Peak PM: Avera 1000 S q .Ft. GFA T = 63 Av Anticipated Built-out Trips I( (Weekday) = 699 Av T (Weekda Peak AN) 10 Av T (Weekday Pea-k PM) 63 Av Note: Based on the- Institute of Transportation En Trip Generation 01 manual, 7th Edition, the weekda peak hour varied between 1.0.-OO AM and A -Id 3:00 PM. t: 0 0 P M. Th e weekend peak hou r va ried betwee n 11 00 AM a i d"d 'Ile 'Z Board of Commissioners Meetin 10/01/2012 15-12-15 M 1, U&I I I I 11"ETC: i � n I&I ol f I W, To : New Hanover Count Plannin Department DATE.,, Au 1,, 2012 R E Zonin Map Amendment as Revised Z-918, 04-12 Re Communit Meetin (roster) from theme tin I . . . . . . . . . . !4Ng" r. ............ y a Barnber ti Board of Commissioners Meetin 10/01/2012 15-12-16 INZ91-1-uw- Hom Road, LLC 3807 Peachtree Avenue., Suite 200 Wilmin NC 28403 910-395-6036 On behalf of Horn Road LLC I will be submittin a revised zonin map amendment application to New Hanover Count for the properties referenced above. The application seeks to rezone 2.49 acres of land and the ad road ri to Conditional District B-2 Hi Business CDZ (B-2) from .C.onditional Use District Office and Institution CD(O-I). The propert is indicated b the b the y ellow shaded area on the attached tax parcel map. Prior to m submittin the application, a g eneral communit meetin will be held and y ou and/or an other interested person(s) are invited. The purpose of this meetin is to obtain comments from folks in the area with respect to plans for development of the properties. ............... ; later than 7:30 PMV If y ou are not able to attend but have comments or q uestions, feel free to contact me directl at 910- 395-6036. Board of Commissioners Meetin 10/01/2012 15-12-17 Ad and Nearb Propert Owners Horn Road Rezonin I-Jason Harr Burkhardt Etal 9-Esp1 anade Unit Owners Assoc. 92 Horn Road 4837 Carolina Beach Road Wilmin NC 28412 Wilmin NC 28412 2-Shawn and Carol Stovall 10- Martin Self Stora Centers 1007 Winterberr Circle 4851 Carolina Beach Road Leland NC 258451 Wilmin NC 28412 3-Terr Miller Etal 11-Cape Fear Auto Finance 627 Loreauville, Drive 4905 Carolina Beach Road Suppl NC 28462 Wilmin NC 28412 ® Winter 12-PCJ Owners Association 1105 Harborwa Place PO Box 1930 Wilmin NC 28405 Wilmin NC 28402 ® Coite 13-Fisher Holdin Ll-C 4819 Lon Branch Dr 1608 Market Street Wilmin NC 28412 Wilmin NC 28401 6-Camilla L. Downin 14-Courtne Moser 4822 Carolina Beach Road 110 Ra Drive Wilmin NC 28412 Wilmin NC 28412 7-Robert and Norma Dowin 15-Jerold and Terr Beavers 4830 Carolina Beach Road 114 Ra Drive Wilmin NC 28412 Wilmin NC 28412 8-Debra Wilson 16-Lorraine D. Gerritz Etal, 4828 Carolina Beach Raoad 118 Ra Drive Wilmin NC 28412 Wilmin NC 28412 17-Robert andDiane Zenz 122 Ra Drive Wilmin NC 28412 18-Joshua Dufort 101 Horn Road Wilmin NC 28412 19-Anne M. Parker Revocable Trust 102 Horn Road Wilmin NC 28412 Board of Commissioners Meetin 10/01/2012 15-12-18 y \ - 117 ~ y 2 ^ ` k - , . 3 a <1 /2q} -12- R07100-003-0 8-000 � mi 0 i� Yhe meetin was convened at 6:40 PIVI. See Exhibit 1 C for a list of citizens who attended the meetin"- Displa provided: the existin approved plan and the plan showin the chan proposed. I Pete Aver A for the owner of the propert (Horn Road LLQ, introduced himself alon with Jason Swain, representin Swain and Associates and Mont Recoulle a member of the aforementioned Lb# that owns the propert proposed for rezonin For the most part, there was little opposition to the proposed chan However, the folks attendin id want to know the name of the business and to better understand uses to be included and exclude. Board of Commissioners Meetin 10/01/2012 15-12-20 WEN"M Commullot Meetin Roster of Atictadecs Discussion of Zrin ing Anne nd ment f or Properflies at 4,937., 4836 & 4840 L"a rol ina S'each Road Board of Commissioners Meetin 10/01/2012 15-12-21 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 16 DEPARTMENT: PRESENTER(S): Commissioner Berger CONTACT(S): Commissioner Berger SUBJECT: Consideration of a Resolution that County Commissioners will Serve on All Applicable Boards and Committees BRIEF SUMMARY: "A binding resolution establishing an ordinance that County Commissioners will serve on all applicable Boards and Committees and no proxy, designee, or other party shall assume this fundamental responsibility of serving as a Commissioner without a unanimous vote by the BOC, effective retroactively. I will write the Resolution please have legal draw up the ordinance." STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The item was removed by Commissioner Berger. Board of Commissioners Meeting 10/01/2012 16 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 17 DEPARTMENT: PRESENTER(S): Commissioner Berger CONTACT(S): Commissioner Berger SUBJECT: Consideration of Policy Clarification BRIEF SUMMARY: "Clarification on Travel, Credit Card, Expenses (including furniture) be discussed and any Policy that the County Manager can unilaterally ignore for personal purposes and not public purpose be eliminated and replaced with a Policy that reflects the circumstance. Detailed information on staff travel and expenses in recent years, credit card and reimbursement statements, and expense records along with travel records shall be included and it is the duty and a fact that the [staff] explain potential misconduct in fulfilling information requests, and other forms of misconduct best discussed in Closed Session." STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The item was removed by Commissioner Berger. Board of Commissioners Meeting 10/01/2012 17 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2012 REGULAR ITEM: 18 DEPARTMENT: PRESENTER(S): Commissioner Berger CONTACT(S): Commissioner Berger SUBJECT: Public Information Discussion BRIEF SUMMARY: "For the purpose of BOC and public information, since the County Manager did not seek or obtain BOC permission or authority, an explanation of how the County has been re- organized, position's affected, impacts on policy and detailed job descriptions for each pertinent position created, altered or eliminated be included. The costs (including travel, furniture, salary and benefits, fringe benefits, severance arrangements, support staff, etc...) be provided along with ANY authorization from the BOC or in the event none exists, an explanation of the senior staffs reasoning, failure to inform the Board, and discrepancy from the County Manager's treatment of other, written, voted on and approved Policies deemed without value, merit, enforcement or affect by the Manager in other areas of County Policies and Procedures." STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The item was removed by Commissioner Berger. Board of Commissioners Meeting 10/01/2012 18 -0