Agenda 2012 10-15New Hanover County,
North Carolina
L
I N11010�00k
October 75, 2072
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
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AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
CHRIS COUDRIET, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
OCTOBER 15, 2012 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
NON - SECTARIAN INVOCATION (Abdul Rahman Shareef, Imam, Tauheed Islamic Center)
PLEDGE OF ALLEGIANCE (Commissioner Richard G. Catlin)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of the Adoption of the ABC Board's Travel Policy
3. Adoption of a Revised Local Government Resolution
4. Approval of Board of Education General Fund Budget Amendment #1 and
Capital Outlay Fund Budget Amendment #2
5. Approval of Board of Education Applications for Lottery and ADM Funds
6. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
9:05 a.m. 7.
Presentation of Service Awards to Retirees and Employees and New Employee
Introductions
9:20 a.m. 8.
Consideration of Proclamation to Recognize November 5 - 11, 2012 as "Employ
a Veteran Week" in New Hanover County
9:25 a.m. 9.
Consideration of Adoption Awareness Month Proclamation
9:30 a.m. 10.
Consideration of Food Day Proclamation
9:35 a.m. 11.
New Hanover County Zoning Board of Adjustment Annual Update
9:45 a.m. 12.
Public Hearing and Consideration of Assessment Resolution for Bald Eagle
Lane Area Project
10:15 a.m. 13.
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
10:55 a.m. 14.
Presentation of Covanta Contract with Flow Control Termination Provision and
Operational Modification of Disposal System
11:30 a.m. 15.
Committee Appointments
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
11:45 a.m. 16. Consideration of A mpintments to Boards
Board oplCommissioners Meeting
10/15/2012
11:50 a.m. 17. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:00 p.m. 18. 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
10/15/2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 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:
Agenda Review Meeting held on September 27, 2012
Regular Meeting held on October 1, 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 3 -0.
Board of Commissioners Meeting
10/15/2012
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
CONSENT
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): Avril Pinder, Assistant County Manager
CONTACT(S): Avril Pinder, Assistant County Manager
SUBJECT:
Approval of the Adoption of the ABC Board's Travel Policy
BRIEF SUMMARY:
At their September 25, 2012 board meeting, the ABC Board reviewed and updated its travel policy to
conform with the revisions made to the County's travel policy. In accordance with NCGS 18B -700, the ABC
Board is requesting the approval of the adoption of its travel policy.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the ABC Board's adoption of its Travel Policy.
ATTACHMENTS:
ABC Board Travel Policy
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
2 -0
Now Hanover County ABC Board
T ravel policy
(Tile paragraph numbers in enclosures are keyed to the County's Travel policy, dated
3/1/2012)
Travel Polic
1. Overview
a. The Board's Travel policy provides for reimbursement to Board members and
employees for approved expenses that are incurred as part of their
responsibilities which would not be incurred otherwise. It is the intent of the
Board to encourage inembers and employees to take advantage of
opportunities that will enhance their growth and contnibuti on to the Board, and
to pay for reasonable and necessary expenses for approved Board travelers
attending training sessions, conferences, seminars, business meetings, and
similar.
b. Each individual who travels on official business of the Board has a
responsibility to the citizens to make use of the most economically feasible
modes of transportation and lodging. Travel expense reports are open to the
public. Individuals are expected to exercise prudent judgment and all expenses
should be able to sustain the test of public review.
c. Travel is a privilege and out-of-County travel must be approved in advance.
All members/employees must use a Travel Advance bequest to obtain
approval prior to gavel. All approved expenses must be ` in accordance with
the Board's budget.
d. This policy is designed to accomplish the following:
i. Ensure all members /employees have a clear and consistent
undcrstanding of the policies and procedures for business travel and
expenses.
ii. Ensure men - lbers /employees are reimbursed for legitimate business
travel expenses.
iii. provide members /employees with a reasonable level of service and
comfort at the least possible cost.
iv. Ensure adherence of mandates.
v. provide the appropriate level of accounting and business controls for
the Board to ensure that expenses are reviewed and approved by the
appropriate persons.
2. Mandates:
a. ETC GS 18B-700(g2), states, "Travel Alloww - ice and per Diem Dates
Approved travel on official business by members and employees of local
This Travel policy supersedes all prior Travel policies enacted by the New Hanover County ABC Board. This
policy was approved by the ABC Board 2012; it was later approved by the New 14an err er County Board
of Commissioners on 2012.
page of
Board of Commi ioners Meeting
10/15/2012
2 -1 -1
New r Hanover Cowaty ABC Board
Travel Polic
(The para rashers in enclosures are keyed to the Count Travel polic dated
3/1/2012)
boards shall be reimbursed pursuant to G. S. 138-6 2 udaless the local board
adopts a travel policy that conforms to the travel policy of the appointing
authority w such policy is approved by the appointing authority. The local
Board shall annually provide the appointing authority's written confirmation
of such approval to the Cola lssion wid a copy of the travel policy authorized
by the appointing authority. Any excess expenses not covered by the local
board's travel policy shall be, pail with t-he Witten authorization of the
appointing authority's finance officer. A. copy of the written authorization for
excess expenses shall be submitted to the Conmaission by the local board
within 30 days of approval."
b. NC Administrative Code (4 TCAC R, o 90 9) established Travel Policy
requirements which supplement the General Statutes mentioned above. Refer
to this Rule for details.
c. Although not specifically mentioned above the ABC Commission expects the
following from the local ABC board:
i. Ensure the ABC Board's policy is amended as necessary each time the
County's polio is amended.
H. obtain approval from the NHC Board of Co - Lmty Corrunis sioners
(BOCC) allowing the ABC Board to adopt the County's travel policy
(as opposed to the State's travel policy) at least arnzually (about June)
even if there are no changes to either policy.
iii, Re-submit the following do can - ientation to the ABC Commission each
year about July (even if there are no changes to the County's policy or
the Board's policy):
1. The County's travel policy.
2, The ABC Board's travel policy.
3. The B O C C' s written approval allowing the ABC Board to
adopt the County's travel policy (as opposed to the State's
policy).
3. Scope: These policies apply to all Board members and employees (hereafter referred
to as `Board travelers ").
4. Responsibilities of the:
a. Board Traveler 1 . 1 )
i. Attend all pertinent sessions of conferences.
ii. Maintain a receptive attitude.
iii. Be a knowledgeable and creditable representative of the Board.
iv. Spend allotted travel funds in a reasonable manner.
v. Submit all required receipts with the Travel Expense Report within
ten (10) days from return date of travel.
z G.S. 138 -6. Travel alIo maces of state officers acid employees. The ABC Beard has elected to adept the travel
policy tliat conforms to the appointing authority's (which is the policy used by the COUDty employees),
Board of Comi?A& s ting
10/15/2012
2 -1 -2
New Hanover Count ABC Board
Travel Polic
( Vae para numbers in enclosures are ke to the Count Travel polic dated
3/1/2012)
b. Finance Officer-.
i. Ensure availabilit of funds when processin Travel Advance
Re
I Ensure the travel polic is properl administered.
iii. Review travel-related forms for completeness and accurac
iv. Brin an abnormalities to the attention of the Chair ( for Board
members) and to the attention of the CEO (for Board emplo .
c. Chief Executive Officer-.
i. Ensure sufficient funds are bud each y ear.
ii. Review travel-related forms for completeness and accurac
iii. Ensure Board's travel polic conforms to the Cow -it 's travel polic
Update travel polic and related forms as needed and obtain necessar
approvals.
iv. Re TIC BOCC approval as per "Mandates" above.
v. Transmit re information to ABC Co=ission per "Mandates"
above.
d. Board: (1.2)
1, -of-count travel to those txai
1 Fund out nin sessions, conferences,
conventions, and other authorized meetin which will promote the
professional development of the traveler and therefore benefit the
Board.,
I Ade fmid authorized out-of-count travel so that the traveler
will not under financial hardship from attendin conferences and
meetin
iii. Pa all pertinent re and conference fees, providin
pa for approved and suitable lod and pa approved
expenses.
iv. Providin reimbursement for food in accordwice with established
rates.
v. Providin transportation to and from travel destinations and
intermediate g round transportation.
5. In-Count Transportation Polic In-Count milea reimbursement for use of
private vehicle will be paid as follows: (2.0)
a. Onl certain emplo are authorized to drive Board-owned vehicles due to
insurabilit If an emplo is authorized to operate an appropriate Board vehicle,
but chooses to use his/her personal veliicle when a Board vehicle is available and
appropriate for travel, the emplo will not be relinbursed for his/her travel
expense.
b. If a Board traveler is paid a automobile allowmice, no additional pa will
be made for in-town travel.
e 3 o
Board of Commi"PaizTonersUeetin
10/15/2012
2-1-3
New Hanover County ABC Board
Travel Policy
(The paragraph numbers in enclosures are keyed to the County's Travel poiiey, dated
3/1/2012)
c, All Board travelers, except tho mentioned in p aragraphs above will be paid a
rate per rile reimbursement for a -iy r guired in-county travel when using their
private vehicle. The rate of reimbursement will be at the established Internal
Revenue Service business rate on dates of travel. The same guidelines for
determining allowable mileage as used by IRS will be used by the Board.
® Travel fTom home to work is NOT allowable mileage mess e, employee is in a
call - back status.
e. voluntary tray el for personal benefit (for example, health clinic, wellness
program, etc) is NOT allowable mileage.
f. In order to process rcim ursernent, completed mileage sheets or notation of
mileage payable Witb authorized signatures must be included with the employee's
time sheet. B oard members attending to B oard business must submit completed
mileage sheets monthly as a minimum.
6. out -of -the County Travel Policy:
a. This policy establishes Board traveler and Board responsibilities related to
out -of County travel for Board business and related expenses. (3.o)
i. Full loin If a Board traveler is in travel status and the
Board is receiving a benefit from the travel, the Board traveler is
entitled to full reimbursement for the approved expenses incurred
(within this established policy ). (3 1.I)
+i. Avail.a�bilit of Funds: Approval of wi gravel is contingent upon
adequate funding being available. (3.1.2)
b. At least ten (10) work days prior to the trip, and before way Board funds are
committed, trip approval must be obtained. The purpose and estimated
information mus be provided by the Board traveler using a Travel Advance
Request form, The request must then be approved by the Finance Officer or
Deputy Finance Officer) and Board Chair or Chief Executive Officer). (1.3
1.4)
c. Travel Advance. (3.1.3)
.. Travel advance fmids can be requested for any approved travel when
the axnount involved is anticipated to be more than $75 for uat -o f -
county travel
I Travel advance funds will not be i ssued if prior ex reports
outstanding more than thirty (30) days have not been completed am.
turned in to the Finance Office.
Ili. Travel advance requests must be received by the Finance office at
least ten work days prior to the first date of travel. Travel
Board of Comifagiper4r4ting
10/15/2012
2 -1 -4
New Hanover County ABC Board
Travel Policy
(The paragraph numb ers in enclosures are keyed to the C ounty 's Travel policy, dated
3/l/2012)
destinations outside a 300 mile radius of ABC Board's main office
require approval by the Chair or CEO before Board funds are
committed.
d. Persons Accompanying Board Travelers: (3.1.4)
i , Rel atives and/or Fri ends: The B oard pays only for authorized
business- related expenses of Board members /employees. Expenses of
others (for example spouses, dependents, friends, etc) will not be
reimbursed. Lodging will be reimbursed at the single rate only. Board -
owned vehicles are not to be u sed to transport non -
members /employees unless approved by the Chair. Mitch -- hikers are
not to ride in Board -owned vehicles.
ii. Business Associates: If approved by the Chair, employees of other
goverriment or business entities may ride in Board vehicles if traveling
on official business. Costs should be shared acid split accordingly.
Oiily certain Board mernberslemployees are authorized to drive a
vehicle owned by, or rented by, the Beard.
e. Travel Expense Reports: (3,1.6) A completed Travel Expense Report, with
required receipts, should be submitted to the Finance O ffice within ten (10)
work days fiom the date the Board traveler returns from the trip.
f, Refunds due Board: (3 .1.5) In the evert money is owed to the Board after
completion of travel, the refund sho be submitted with a copy of the
completed Travel Expense Deport noting the actual costs of travel and
include required receipts. If the reftuad due the Board is greater thai $5.00, the
traveler should submit a personal check, money order, or cashiers check
made payab to "New Hanover County AB C Board". Any cash payments
shoul be made directly to the Finance Officer or his/her designee.
g. Review and approval of Travel Expense Reports: (3.1.7 The Finance Offi cer
will review the expense reports for completeness and accuracy. The will then
be submitted to the Chair (CEO) for approval.
7. Travel Requirements and Procedures (3 .2)
a. Determining Mode of Transportation In determining the rode of
transportation to be used for travel, the following procedures apply: (3.2.1)
-r
I . For travel outside a radius of 300 miles the Baar�d�s main office,
the Board will pay the lesser of the amount of the Intemal Revenu
S ervice business mileage rate, cost of air fare at tourist rate or similar
fare for other nodes of transportation (i.e. rail). Any cost such as
ad ditional meals or lodging expense incurred due to a longer travel
stay will not be reimbursed.
Board of Comm Pa eetin
g
10/15/2012
2 -1 -5
New Hanover County ABC B oar d
Travel P olicy
(The paragraph ers n en closures are keyed to the County's Travel policy, dated
3 /1/2012)
ii, Travel b B o and vehicle or rental vehicle is encouraged when it p rov es
cost effective for the B oard. Mileage reinabur sement and rental fees
should b e compared when determining the mode of transportation.
i. I.-.en more than one Bo ard traveler is attending a ftuiction, car
Pooling is encouraged. The Chair or CEO should determine the most
suitable travel mode, based upon factors suc as convenie and time.
When a private vehicle is chosen for trave only the, owner of the
private vehicle is to be reimbursed the applicable mileage rate.
iv. A Board traveler may choose to fly or use a personal or Board vehicle
for travel. The mode of transportation chosen should be the least
e xpensive available to th destination when all costs including
lodging and meals are considered.
b. Passenger vehicles: (3.2.2 A
i . The Board will reimburse a Board traveler in accordance with the
established Internal Revenue Service business gate in effect on the
date(s) of travel. Mi en air travel is chosen the fare shall not exceed
tourist or coach rates. if a Board traveler chooses to drive a personal
vehicle where air travel is the least expensive mode, the
reimburs arnoulit will be equal to air fare plus ground
transportation (bus, taxi or rental car) to the destination and retuni.
The Chair or CEO w ill detennzine the mode of transportation when
more than one Board traveler is attending a meeting based upon
factors such as convemence and time. Non-exempt employees in travel
status will be compensated in accordance with the Board s personnel
policy and the Fair Labor S tandards Act.
ill Private Vehicle: -
1. Mileage:
a. The rate for the use of personal vehicles is the
established lntemal Revenue Service business rate on
the date(s) o travel. Reimbursement will b e made on
actual miles driven in conjunction with the authorized
travel.
® Mileage will be measured from the closer of the duty
station or the point of ` departure to the destination and
ret urn.
c. A Map Quest printout must be included with the Travel
Expense Report calculating the shortest distance.
iv. Passenger Car Rental: (3- -) The Chair or CEO must
speelf �ically approve the use of a. rental car as a necessary and
unavoidable travel expense. Passenger Car Dental from a recognized
car rental agency (such as Hertz, National, B udget, Enterpri etc.)
Board of Com 9 9n lOeting
10/15/2012
2 -1 -6
New Hanover County AB C Board
Travel Folic
(The p aragrap h numb ers in enclosures are keyed to the County's Travel policy, dated
3/1/2012)
will be reimbursed at actual cost, including insurance and other add -on
costs, in situations where a reli personal car is not available or use
of a private vel - dele is inappropriate fo r out-of-town travel.
v. Other Travel /Parking: (3.2.2 D ) Taxi fare, bus fare, toll costs, parking
etc. will be reimbursed at actual costs incurred. Receipt is required,
Valet par hig is considered to be an excessive expense and is not
eligible for full reinibursernent unless the Board traveler can prove a
physical disability.
vi. Tickets: Q . . E) Traffic violations received while on Board-related
business are the responsibility of the B oard traveler.
c. Airline: (3.x.2 B & Q
. ® Air fare including intermediate ground transportation first class
rates will be paid. A receipt noting payment m ust be su - iitted with
the Travel E Deport.
ii. Discoimted Airfare. If a discouait airfare is available because travel is
on certain weekend days, the employee is still allowed to deduct up to
the amount of the regular air fare toward personal expenses incurred
by early arrival (Le. hotel and meal expense). Board traveler must have
prior approval of Chair or CEO in order for this option to be
considered. In detennining the re gular air fare amount, the lowest cost
of a tourist or coach ticket to arrive at the latest possible time to
participate in conference or meeting should be used. Cost compar
must be made using information from airlines or travel agents attained
on the same day, Supporting documentation must be submitted with
the e�Tense report.
S . Meals: (3.2.7)
a. Board travelers will not be reimbursed for alcoholic beverages.
b. B oard travelers must be in travel status at the following times to be
reimbursed for meals:
i. Breakfast: 7:00 AM
ii. L unch : 11:00 AID
iii. Dinner:':
c. Travel status for meals is defined as ixhen a Board traveler is required to
travel to a location more than 50 miles from the ABC Board's Main Office.
Meals that do not require an overnight stay are generally considerable taxable
to the Board traveler.
d. Meals will be reimbursed at actual costs to the Board traveler up to a
rna imam of forty -six dollars ( per day, including any tips. receipts are
not required if the daily maximum is not exceeded..
Board of CoXA s 6 eR eeting
10/15/2012
2 -1 -7
New Hanover County ABC Board
Travel Policy
(The paragraph numbers in enclosures are keyed to the County's Travel policy, dated
3/1/2012)
e. If the amount spent for meals exceeds the daily mw imLun, a receipt for the
meal exceeding the meal allow,--u must be attached to the report. A receipt
does not guaxantee reimbursement for any overages. Approval for
reimbursement over the established per thee. amourit ix - iust be made by the
NHC Board of County Conimis sioriers . The Board traveler is responsible for
obtaining approval.
. If a Board traveler is not in travel status at the times detailed above, the dail
maximum rate will be adjusted based on the following:
i. Breakfast $10,00
xi.
$13.00
'ii. Dinner aer $23-00
9. l Lodging: (3.2.3)
a Lodging at a single room rate (unless sharing with another Board traveler)
should be reserved in advance at the Conference hotel or at a similar, lower
priced hotel.
b. A receipt must be presented with completed Travel Expense Deport. The
receipt must shoe all charges and payments and reflect a zero balance. A
receipt for prepayment of the room is not acceptable. If a receipt is lost for an
expense greater than 1 0.00 a duplicate receipt must be obtained.
c. When two or inore Board travelers share a room,, all room expenses shall be
on one of the travelers' expense report.
10. Tips: (3.2.4) Tips for meals are included in the per diem rates and reimbursed as
outlined in the "Meals" paragraph to this policy. Any tips for doormen, bell hops, etc
are elective and are not reimbursable.
1. I egistratiori: (3.2.5) Actual cost will be reimbursed. A receipt should accompany the
Travel Expense Report. Documentation should be included to show the meals that are
included in the registration fee. If meals are included, no additional reimb Lusement
for those meals als it l be provided as per diem. If registration was prepaid, attach a
copy of prepayment forin to the Travel Expense Report.
12. Telephone: (3.21.6) Telephone calls related to Board business will be reinnbursed at
actual cost including any connection fees charged by the hotelh - hotel with the
submission of a detailed listing of call, associated fees, number called and nature of
the call.
Board of Comr ill s e ting
10/15/2012
2 -1 -8
New Hanoi -er Count ABC Board
Travel Polic
(The para numbers 'in enclosures are ke to the Count Travel polic dated
3/112012)
13. Dr Cleanin ( 3. 2.8) Should a Board traveler be in tra-\.-el status five (5) da the
Board will reimburse up to $10.00 for dr cleanin services. A receipt must be
submitted.
14. Miscellaneous: (3. ).2.9) Other re Board-related expemses ma be reimbursed at
a
actual cost, Receipts and j ustification must be submitted.
Board of CoXiNFlo9ne9f4eetin
10/15/2012
2-1-9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
CONSENT
ITEM: 3
DEPARTMENT: PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Fonda Sykes, Grants Management
SUBJECT:
Adoption of a Revised Local Government Resolution
BRIEF SUMMARY:
The Sheriff's Office was awarded a four -year grant from the N. C. Governor's Highway Safety Program for
DWI /Speed Enforcement.
Second year funding is 85% Federal and 15% Local. The Board approved the projected amounts on April 16,
2012 as follows: $259,234 ($220,349 Federal and $38,885 Local). The 15% local match is included in the
Sheriff's budget.
The actual award is $265,234 ($225,449 Federal and $39,785 Local). A revised resolution must be approved
by the Board in order for the second year funding to be disbursed.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
A TT A V T4_N IFVXTTC.
Local Government Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3-0.
Board of Commissioners Meeting
10/15/2012
3 -0
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS, the New Hanover County Sheriffs Office
"Agency ")
(herein called the
Resolution
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of Commissioners
(The Governing Body of the Agency)
(herein called the "Governing Body ") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Wilmington , NORTH CAROLINA,
THIS DAY OF 20 12 AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That New Hanover County Sheriffs Office is authorized to file on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding n the amount of $ 225,449 to be made to the Governing Body to assist in defraying
9 9 Y Y 9
(Federal Dollar Request)
the cost of the project described in the contract application; and
3. That the Governing Y Y appropriated Body has formall a ro riated the cash contribution of $ 392785
(Local Casio Appropriation)
required by the project contract; and
4. - ghat the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
0. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting by
ATTESTED BY
(Clerk)
DATE
Rev. 7/11
(Chairperson /Mayor)
as
SEAL
Board of Commissioners Meeting
10/15/2012
3 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Approval of Board of Education General Fund Budget Amendment #1 and Capital Outlay Fund
Budget Amendment #2
BRIEF SUMMARY:
On September 18, 2012, the New Hanover County Board of Education approved General Fund Budget
Amendment #1 and Capital Outlay Fund Budget Amendment #2. Both budget amendments appropriate
Board of Education Fund Balance. This Fund Balance includes local funding that has previously been
contributed by the County to the Board of Education.
General Fund Budget Amendment #1 appropriates carry -over balances of outstanding purchase orders and
Board travel, and $295,000 to move three mobile classrooms to Wrightsville Beach.
Capital Outlay Fund Budget Amendment #2 budgets carry -over of projects approved during the 2012 -13
budget process, as well as $392,694 for Technology Labs approved but not budgeted in FY 12 -13.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education General Fund Budget Amendment #1 and Capital Outlay Fund Budget
Amendment #2.
ATTACHMENTS:
General Fund Budget Amendment 1
Capital Outlay Fund Budget Amendment 2
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
10/15/2012
4 -0
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
4 -0
I-ew Hanover Count Board of Education
General Fund ArJam' ndreTt 41
F h IT:Tfl �11
HIM i; MI.-
F-,l 1 4
A'on-pmammmed Char
Payments to Oft Govemmen't.,
Scholamhlps
Board of Commissioners Meetin
10/15/2012
4-1-1
General Fund
*'w*ummuladve Bud Summar
,.f
&pendlfures b PurpseFuncHon
Ancillar
Nutrition Services
Ionqpm Char
Pa tDOther Govemments
Scholarships
Current Bud et -- Amendment 01 Revised . Bud g et
$
IT742,015.117
$ 17,790.00 $
IT76906.17
314MA3.21
3j434,853.21
507eI45.00
507,145.00
7,022o340.91
7oO22,340.91
1,852,5U,00
1185215M.00
Z0603841.97
Z060,841.97
32,6119,730.26
$ 17,790-00 $
32,637, 28
$
11292o734.96
$ $
ll292,734.96
530,974.32
530,974.32
282,068.19
282lO68.19
3o685j.224-65
61454.43
3,591j679.08
20,851j988.99
31Z653.31
21,16042.30
41448
4A4037.59
204,910.33
204;910.33
451 j578.28
461 j578.28
Ij672j255.66
34j79&06
1,707,053.72
$
33,320,072.97
$ 353j905A0 $
33,673j978.77
$
66ol92.77
$ w $
K192,77
56,19V7
$ 1,4004000.00 $ 11,40000-00
84000.00 8,000.00
$ 1,408,000.00 $ $ 11408,000-00
Transftr to Other Funds $ F $ $
a
Remue b Source.,
New Hanover Count
Federal Sources
Other Revenues
Fund Balance Appropdatior
$ 67,40306-00 $ 371,695-60 $ ff,775109i-80
Board of Commissioners Meetin
10/15/2012
4-1-2
Now Hanover Count Board of Education
Capital Outla Fund Bud Amendment #2
0 to Olt: 11 [;41!1011 Nil #
ffifii
Revenue b Sou=.,,
17, "M F 9 :
7M :WfM
'L W
71: 9 7- &�� � �!
DPI School Bus Revenue
IncraW(Dacmus)
ftendliums b PurposaftnetionG
21587mi1g.13
Re Instruction
$ 76
Capbl Cula
4
Technolo Support
966
Operational Support
2j380,655.75
Unbud (Contin
516W.69
8
Revenue b Sou=.,,
17, "M F 9 :
7M :WfM
'L W
71: 9 7- &�� � �!
DPI School Bus Revenue
U76,265-00
PSBCF - Lofter Revenue
21587mi1g.13
QSCB Revenue
834l857.37
E-RATE Revenue
428,781-08
Bond Revenue
278,933.45
Fund Balance Appropriated
21053
81259aWK91
Explaneffon:
To anwndbud Ibrcarr pm ■ appmwd dudn Me 2012-13 Bud Fftwss. T90nok
the remainin bud far Te tabs appmwed but not bud In ApdI $�92,694 in pro #U01.60).
Total Appropriation in Cuffent Bud
Amount of Increaset(Decrease) of above Amendme
Total Appropriation in Current Amended Bud I
Passed malorit vote of the Board of Education of New Hanover Count on the da of
20L,2
Board of Commissioners Meetin
10/15/2012
4-2-1
Cuminuladve Bud Summary:
Remue b Scuma:
New Hanover Count
$ 750,000-00 S $
750tOOO-00
PSOCF ADM Remus
w
DPI School Bus Revanue
23076s265-00
2jG786265.00
PSBCF - LoUBr Revenue
220,000-OD 2j687JI9.13
2j8O7viI9.13
QSCB Revenue
834,857.37
&34,857.37
E-RATE Revenue
4284781.08
4284781-08
Bond Revenue
278j933.45
278j933.45
Fund Balance Appropflated
230534635.88
2
$ 970jO00-00 $ Op25%591,91
99229,591-91
Board of Commissioners Meetin
10/15/2012
4-2-2
L e m ', I F1 FiT m r n
a
CummukM Sudpf by Funding Sourm and ftlect #9
Fundin Sourve!
projed #
Program Pr*d Dq9qr1
CUM918009
Awndownt #1
Re*ed %*fft
Now Hinow Count
6401.38
813
ffireless PmjW
$ 75D,000.00
$
76DODD.DD
PSBCF - Ldbu Revenue:
9095.12
076
Holl Tres & M Grove DCC Contrab
2201000.00
220,DDD.00
440,000.00
9049.12
076
Nade Nndaw Repbminent
18IM3.12
181s353.12
W5.12
076
Ho Rod Replawrrml
295AS3.20
295rO63.20
9MG-12
076
ODdin Rcd Replaormnt
379ML5
37948M.55
M7,12
076
Eaton Roof Rep Wwwl
382j571.93
3826571M
W5912
T/6
Bradle Creek Pla E
1178195
11782.95
9NO-12
076
Abastos AbalAnnent
1601978.76
16D,978.76
9063-12
076
VbWran's Park Fm Oflm
76,014,10
76,014.10
9064.12
076
Bradle Creek Car R
149;036.12
1494&%.12
9D75-12
076
Sft and Draina Irripmwiment
137A27.00
137j827.00
9095-11
076
HVAC Up - I Ili 2 Pm*W
22,640.00
22,540.00
9095.12
076
HVAC Up - 013 Projects
579J332-40
57%332A
22DAD
W1 119
2X7,119
DP1 8dwol Bus R&mue:
6550
120
Schad Bus P PI )
21076,265.00
Z076,265.W
QSCB Rmnue-,
9107
334
Wri Remwaaw
128,153.23
128sl53.23
9109
334
Noble WAC Replamment
706JO4.14
706,704.14
$34,857
SW
E-RATE Rmnue:
K11A
640
Earl Colle Laptop Replawmerd
50,000.00
SDoODO-00
6401.37
640
Tech- MatmOn Pn Boards
78,781.08
76J81.08
6401.6
640
Mobile Labs at varim schools
30000.DO
30
420,781
428,781
Fund Balance Appropiristed
6500
8011
Capital Outla Congirt
20855,01
21855.01
9M
810
FkAand Grin UST Removal - OW Pro
3tOOOAQ
31000.10
9078
810
Lane Field House Renovalbris
11677.87
loW.87
6550
811
Surveillance Carrierw
11j324.00
11j324.00
6110
812
FurnNure and E 11/12
21300.88
26308.88
6401.38
812
Wrekw Project
71AD9.74
71r909-74
6550
812
Vehicles
116,927M
1161W.82
9095
812
HVAC S Evalualions
20j440.02
2OA40.,02
5110
813
Furniture and E - 12113
71jO33.58
71gO33.58
6401.39
813
Imc Beer NoMwIm
56AO-W
56
6401-40
813
WofttaUon Up
63,1W.00
53,100.00
6401.41
813
Moud Pm at vadcus schools
263j800.00
263,WD.OD
6401-60
813
Wile Labs at vadous scimis
92p694.W
92,694-OD
6640
813
Custodial E
216M.86
216DO.86
6550
813
Vehicies
169PS00.00
W9,500.00
9076
813
Lane Field House Renvafio�m
846,06COO
96,064.00
9D77
813
Track R at Hoh Sdmls
21815M.00
218,600.00
91387
813
Mosle Ilia Replaomwnt
491700.OD
49
Z053rOX
210W�W
Board of Commissioners Meetin
10/15/2012
4-2-3
-
ii it, Min, - = 4# IgZ;TMI =!o 7777,71,MLO,
Fundin Sourcd
NOW 0
ph rm
Proild DOWA Current 13
Anandment#i
RmftW p q ko
Bwd Remw
5110
OX
Instuclianal Furrilture & E
3AZ.42
31426.42
6540
OM
Cussocrial E
Z789.62
Z769-62
&W
820
Maintenance E
11MA5
VASA
8500
Bond Conlinpne
2,753.56
2p753.68
9012
OW
H* Shaker Mkkk
l6j377.00
16,377.00
90W
82D
Snipes nt
7,274AB
To?7448
9029
820
■Pro Mana
9Ow762A9
90
9044
8M
Mumd Rcd R
72040.00
71040.DD
9045
SM
Andemon Roof Replacement
IZ980,00
12,980.00
90443
82D
Roland Grim Inkrm Replawmnt
24,007.84
24
9050
820
Ha CAAede WAC Replamwt
IAO.00
Iv250.00
9052
82D
Admin Bulkin Roof Replacement
98,189.30
98,109.30
9055
820
Ho Rcd Re0awnW
10j&M.77
101 77
27"W
27OP3
1
Board of Commissioners Meetin
10/15/2012
4 -2 -4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
CONSENT
ITEM: 5
DEPARTMENT: PRESENTER(S): Board of Education Staff
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Approval of Board of Education Applications for Lottery and ADM Funds
BRIEF SUMMARY:
At the September 19, 2012 meeting, the Board of Education approved lottery and ADM funding for items
that were approved in their FY 12 -13 budget. The Applications allow them to request the funding for the
approved projects.
The projects are as follows:
Hoggard High School - HVAC Improvements
Roland -Grise Middle School - Painting
Roland -Grise Middle School - Replace 2 HVAC Units
D.C. Virgo Preparatory Academy - Asbestos Abatement and Seating
Replacement
In addition, the following project was approved from the ADM Public
School Building Capital Fund:
Noble Middle School - The project consists of completely cabling the
entire school to current specifications for networking purposes.
If the above projects are approved the balance in the accounts will be:
ADM Fund - $4,307
Lottery Fund - $241,226
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education Lottery and ADM Funding Applications.
ATTACHMENTS:
Board of Education Signed Applications
NHCS Capital Projects Approved FY2012 -2013
$973,500
$165,000
$100,000
$79,000
C.•1 111
Board of Commissioners Meeting
10/15/2012
5 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
5 -0
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY
County: New Hanover
Approved
Date:
Contact Person: Eddie Anderson
LEA: 650 - New Hanover Counly Schools Title: Director, Facility Planning & Construction
Address: 6410 Carolina Beach Road Phone: J 1 0) 254 -42$1
Pro Title, 1• VAC Improvements Phase l Is
Location Hoccard High School
Type of Facility: High School (9-12) ..,
North Carolina Generol Statutes, Chapter 188, provides that a portion of the proceeds of the North Carolina State Lottery Fund be
transferred to the Public School Building Capital Fund in accordance with C,S. 11 .2, Further, C.S. 1150- 45,2 (d) has been
amended to include the fallowing:
( No county shall have to provi snatching funds
( A my may use monies In this Fund to pay for school construction pro jects in local school administrative units and to re
indebtedness incurred for school construction projects incurred 'on or after January 1, 2003.
(5) A county may not use mpnies in this Fund to pay for school technology needs.
As used in this. section, Public School Buildings" shall. include only facilities 'for individual schools that are used for Instructional and
po
related purses, _and does not include central - administration, maintenance, or other facilities. Applica ns rust be submAJW
wffhin cm year following the date of final payment to fie Corer or Vender
Short description of Construction project: ReDiacement of the HVAC system and upgrades of the DOC controls
for the second floor of the annex b uilding.
Estimated Costs:
Purchase of Land
Planning and Design Services
New Construction
Additions / Renovations
Repair
Debt Payment / Bond Payment
TOTAL
97 500.00
973,500.00 _
Estimated project Beginning Date: January 2013 Est. Project Completion Date: August 20
We, the undersigned, agree to submit a statement of state monies expended for this project within 00
days following completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of 073,500.00 from the Public School Building Capital Fund (Lottery Distribution). We certify
that the project herein described is within the Parameters of G.S. 1 150 -545 (or SL 201 0 -123 ).
(Sig — Chair County Commissi (Dat
W a
Alk
(Signature — Chair, Board of Education)
Board of Commissioners Meeting
10/15/2012
5 -1 -1
�7,�
(D a te)
PU BLIC APPLICATION
SCHO - a
N ORTH _!•
County: New Hanover
Approved:
Date:
Contact Persons Eddie Anderson
LEA: 650 - New Hanover County Schools t Title: Director, Facility Planning & Construction
Address: 6410 Carolina Beach Road Phone: 910) 254 -4281 ,
Prefect Title: Pal nti n
Location: Roland - Grise Middle Schooi
Type of Facility: Middle School 6 -8
North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be
transferred to the Public School Building Capital Fund in accordance with G.8. 115C -546.2. Further, G. S. I 1 -546.2 (d) has been
amended to include the fallowing:
(3) No county shall have to provide matching funds
( 4 ) A county may use monies in this Fund to pay for school construction projects in local schodl administrative units and to refire
indebtedness incurred for school construction projects incurred on or after January 1, 2003.
(5) A county may not use monies in this Fund to pay far school technology needs.
As used in this Section, "Public School Buildingsr shall include only facilities for individual schools that are used for instructional and
related purposes, and -does not include central administration, maintenance, or other facilities. AAplioatfons mast be submitted
wh hin one r faftwing the date of final payment to the Co►r&wfar or Vendor.
Short description of Construction Project: Interior and exterior paintin
Estimated costs:
Purchase of Land
Planning and Design Services
New Construction
Additions f Renovations
Repair
Debt Payment f Bond Payment
TOTAL
165.000.00
165.000.00
Estimated Project Beginning ate: March 2013
Est. Project Completion Date: August 201
We, the undersigned, agree to submit a statement of state monies expended for this project within 60
days following completion of the project.
The County Comm issioners and the Board of Education do hereby jointly r approval of the above Project, and
request release of $ 1.65,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify
that the project herein described is within the Parameters of G.S. 11 5C -546 (or BL 2010-1123).
(Signature — Chair, County C ommi ssi oners ) (D
�g - Nz�
C.5 % I
(Signature — Chair, Board of Education)
rd
(Date)
Board of Commissioners Meeting
10/15/2012
5 -1 -2
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY
County: New Hanover
Approved: _
Date:
Contact Person: Eddie Anderson
LEA: 650 - New Hanover County Schools_ Title: Director, Facility Planning & Construebon
Address: 6410 Carolinas Beach load Phone: (91.0) 2544281
Project Title Replace (2] HVAC Roof Tap Units
Location: Roland - rise Middle School
Type of Facility: diddle School 6 -8
North Carolina General Statutes Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be
transferred to the Public School Building Capital Fund in accordance with G.S. 11 5C-546.2. Further, G. S. 11 5G -546.2 (d) has been
amended to include the foll owing:
(3) No county sh have to provide m atching funds
( A county may use monies in this Frond to pay for school construction projects in local school administrative units and to retina
indebtedness incurred for school construction projects incurred on or after January 1, 2003.
(5) A county may not use monies in this Fund to pay for school technology needs.
As used in this section, "Public School - Buildings" shall includ - only facilities for individual schools that are used for instructional and
related purposes, and' does not include central administrafion, maintenance, or other facilities. AApttcaf ons MUst be submiftd
wifhin orre year faffar ing the date of flnart payment to th Cantor or Vender -
Dort description of Construction Project: Replace (2) HVAC Roof Top Units serving the kitchen and cafeteria
Estimated Costs:
Purchase of Land
Planning and Design Services
New Construction
Addifions / Renovations
Repair
Debt Payment/ Bond Payment
TOTAL
100,000.00
Estimated Project Beg Date: November 2012 Est. Project Completion Date. August 2013
We, the undersigned, agree to submit a statement of state monies expended for this project within 60
days followi completion of the project.
The County Commissioners and the Board of Education do here jointly request a pproval of the above Project , an d
request release of 100.000.0 from the Public School Building Capital Fund (LotterY Distribution). We certify
that the project herein described is within the Parameters of G.S. 11 5C -546 (or BL 2010-12
(Signature —Chair, County Commissioners) (Date)
N m
nature — Chair, Board of Education
(D a te)
Board of Commissioners Meeting
10/15/2012
5 -1 -3
APPLICATION
PUB LIC B UILDING C
NO CA ROLIN A EDUC LOTTE
County: New Hanover
App
D
Contact Person: Eddie Anderson
LEA: 650 - New Hanover Countv Schools Title: Director, Facility Planning & Construction
.i
Address: 6410 C arolina Beach Road Phone: (91 0) 254 -4281
Project Title: Auditorium Asbestos Abatement and Seating Re lacement
Location: D.C. Virao Preo gratory Aca dem y
Type of Facility: Middle School 6 -8
North Carolina General Statutes, chapter 18c provides that a portion of the proceeds of the North Carolina State Lottery Fund be
transferred to the Public School Building Capital Fund in accordance with G.S. 11 5C-546.2. Further, C.S. 1150 -546.2 (d) h b een
amended bo include the fpllcvAng:
(3) No county shall have to provid matching funds
( A county may use monies in' this Fund to pay for school construction projects in local school administrative units and to retire
indebtedness incurred for school construction projects incurre on or after January 1 2003.
(5) A county may not use monies in this Fund - to pay for school technology needs.
As used In this section, "Public School Build shall include only facilities for individual schools that are used for instructional and
related purposes, pnd ddes not include central ad m 1 n'Wrsfion , maintenance, ' or other facilities.
APP must be s brnffted
wfihin one year folio wing die date of finatpayment to the Ca n tw ow Vendbr
Short description of Construction Project: Asbestos abate of floor tile and mastic removal and re lacement
auditorium seatin
Estimated C osts:
Purchase of Land
Planning and Design Services
New Construction
Additions / Renovations
Repair
Debt Payment / Bond Payment
TOTAL
Estimated Project Beginning Date: November 2012
Est. Project C Date: August 201
We, the undersigned, agree to submit a statement of state monies expended for this project within 60
days following completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of 79,000.00 from the public School Building Capital Fund (Lottery Distribution). We cerrify that
the project herein described is within the Parameters of G. S. 11 5C-546 (or SL 2010 - 123).
(Signature — Chair" County Commissioners) (Date)
3 0111�
(Signature — Chair, Board of Educati6n)
(D a te)
Board of Commissioners Meeting
10/15/2012
5 -1 -4
APP LIC A TION
PUBLIC SCHOOL BUILDING CAPITAL FUN
ADM (Corporate Tax) Fund
County. New Hanov C ounty Schools
Address; 6410 Carolina Beach lid. Wilmington ND
S oot Admin. 1. n t: 850
APProved:
Date.
Contact Person: Eddie And erson
10e: airedbr, Facility Pl anning
Phone: ( 91 0) 25481
Project Title; UN rade Data Infrastructure Cablin
Lotion: Noble Middle School
Type of Facl[W. Middle School (6
G.S. 115 .2(b) ffCounties shall use monies in the Fund for capital outlay projects including the building la.nnin
construction, r�ecionstru on, enlargement, Impmv ent repair, or renovation of p ublic school A B*
p s and for
the purchwe of land for p school buildings; for equipment to implement a local school technology plan that is
appmved pursuant to G.S. 1150- 102. # or for both. Monias used to implement a ICI 8011001 t&)hnc)logy plan
shall be tramferred to the State School Technology Fund and allocated
I that Fund to the local school
administrativa unit for equipment. As i$ secdon li I buildin s' o[3 fticludes 'Uti
Individual schools that are d for ' and related p1jrpows d dgm not include central •
administration, maintenance, or other facillties.w AMficadons mwat be submiffecf no Inter than one r after the fiaaf t to the oe or Vim , Y
Short Des of Construction Project: 13=192@Lb2arade data infrastructure cabling .
Estimated costs: ate Local Tntal
Purchase of Land
Planning
C onstruction
Renovation
Enlargement
Repair
School Technology
Debt SeMce /Bond Payment
Total
,000
9o,000.00
A
0.00
0.00
0.00
O.aO
0.00
0100
0.00
� sa,000
0.00
90,000.00
Bid DateWendors: Advertise 9111t2012, Bids D 1
Contracts signed / Dates: 1102012
Estimated daW of beginning cf construction: 11 A V2012
Estirnated date of oompletion; 11511201
Match: The matching funds of one dollar of local funds for every three dollars of smote funds are fmm
( source ): W A
0.00 of the rnatcWng funds have been expended forldate /descri +
AA � on:
Reooftc requirements: e, the undersigned, age to submit a report of staW al amounts expended for this
project within days r completion of the project, or days after receiving state funding, hiever is inter.
The Counter Commissioners and the Board of Education do hereby " jointly request approval of the g
pmjed and request release of 90,000.00 from the Public School Building Capkel Fund. We
certify that the pro jec# herein described is w ithin the parameters of 11 XC�.2(b) and that all cf the uired or a ,
funding is ava ilable and designated as match fo this prrojeLt
(Signatumm Cough Commissi
(Signature - Chair, Board of Educatioi)
date: M2510
Board of Commissioners Meeting
10/15/2012
5 -1 -5
(Date)
(Date)
Am
A
I 4m d§P
E
rr_ K S-1
L7 �r -AA
III
qr-
Board of Commissioners Meetin
10/15/2012
5-2-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 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 -067 - Museum
2013 -24 - Sheriffs Office
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendments listed.
ATTACHMENTS:
B/A 13 -067
B/A 2013 -24
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
6 -0
AGENDA: October 15, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 067
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -067 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): Support programs to improve educational performance
Fund: General Fund
Department: Museum/Grassroots Grant
Expenditure:
Decrease
Increase
Museum/Grassroots Grant:
Salaries
$27,490
Contracted Services
$12,541
$6,315
Advertising Cost
$18,301
$875
Printing
$3,000
Supplies
$1,154
Dues & Subscriptions
$1,155
Employee Reimbursements
$400
Training & Travel
$1,400
Grant Match
$200
Total
$31
$12
Revenue:
Decrease
Increase
Museum/Grassroots Grant:
Grassroots Science Grant
$5,760
Appropriated Fund Balance
$12,541
Total
$18,301
$0
Section 2: Explanation
The Cape Fear Museum has received the grant award documents for the FYI 3 Grassroots Science grant.
The award is $5,760 less than estimated. This Budget Amendment will reduce revenue and expenditures to
match the actual award. Prior to actions taken at this Board of County Commissioners meeting, the
Appropriated Fund balance is $10,125,410.
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 -067, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 15th day of October, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
6 -1 -1
AGENDA: October 15, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013 - 24
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2013 -24 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
$9,988
Total
1 $0 11
$9
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$9,988
Total
1 $0 11
$9
Section 2: Explanation
To budget Controlled Substance Tax receipt of 9/19/12 for $9,988. 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 $20,594.
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 -24, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 15th day of October, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
6 -2 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 7
DEPARTMENT: PRESENTER(S): County Commissioners and Chris Coudriet,
County Manager
CONTACT(S): Libby Moore, Human Resources Analyst
SUBJECT:
Presentation of Service Awards to Retirees and Employees and New Employee Introductions
BRIEF SUMMARY:
Service awards will be presented to retirees and employees. New employees will be introduced and invited to
have their photo taken with the Board of Commissioners to be placed on the County's website.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Hire, develop and retain talented people
• Recognize and reward contribution
• Create and support an engaged workforce
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
10/15/2012
7 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 8
DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Consideration of Proclamation to Recognize November 5 - 11, 2012 as "Employ a Veteran Week" in
New Hanover County
BRIEF SUMMARY:
Walker O. Biggs, Manager of the Department of Commerce, Division of Workforce Solutions, has requested
the Commissioners to proclaim the week of November 5 -11, 2012 as Employ a Veteran Week. Mr. Biggs
will be in attendance to accept proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
ATTACHMENTS:
Employ a Veteran Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
8 -0
NEW HANOVER COUNTY COMMISSIONERS
EMPLOY A VETERAN WEEK
PROCLAMATION
WHEREAS, veterans in New Hanover County represent a strong and productive part of the
Region's work force; and
WHEREAS, traditionally, many veterans released from service begin their civilian careers here
in New Hanover County; and
WHEREAS, because these brave men and women have served with honor, they deserve the
right and the opportunity to pursue quality employment at a competitive wage; and
WHEREAS, for more than 200 years, our communities, our State and our Nation have been
built with the help of veterans who served their country during peace and war to keep our
democracy safe; and
WHEREAS, these courageous men and women have served with honor and give our citizens a
sense of pride; and
WHEREAS, as employers and co- workers, it is not only appropriate, but also in our public and
economic interest, to take advantage of this tremendous resource by providing employment
opportunities to our veterans already in the work force, and to the number of veterans who are
leaving the military; and
WHEREAS, veterans have valuable skills, learned both in military and civilian life; and
WHEREAS, they deserve the chance to put those skills to work here at home.
NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of
Commissioners, that November 5 -11, 2012, be recognized as "EMPLOY A VETERAN WEEK"
in New Hanover County and urge the employment of veterans by New Hanover County
businesses.
ADOPTED this the 15 day of October, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
8 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 9
DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, DSS Director and Wanda
Marino, DSS Assistant Director
CONTACT(S): Wanda Marino, DSS Assistant Director
SUBJECT:
Consideration of Adoption Awareness Month Proclamation
BRIEF SUMMARY:
A proclamation designating November as Adoption Awareness Month has been submitted for consideration.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
ATTACHMENTS:
Adoption Awaress Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
9 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption
is a beautiful way to build a family; and an estimated 52,000 children were adopted nationwide
from a public agency in 2011; and
WHEREAS, adoption is the goal for many special needs children in foster care; and there are an
estimated 107,000 children nationwide and 582 foster children in North Carolina waiting to be
adopted as of August 31, 2012; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and
behavioral challenges. They are children of all races. Many have been neglected, abandoned,
abused and /or exposed to drugs and alcohol. Others are brothers and sisters who want to grow
up together. They need our care and they need security; and
WHEREAS, many children find permanent homes through adoption by their foster families or
relatives, thereby creating an ongoing need for new foster and adoptive families; and 62 children
in New Hanover County found permanence through adoption this past year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that October 2012 be recognized as "Adoption Awareness Month" in New
Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their
commitment to children. Furthermore, we encourage our community to honor the special needs
of New Hanover County's children in hopes of securing a permanent, loving family for each and
every child regardless of race, age, gender, health, emotional or behavioral condition or past
distress.
ADOPTED this the 15 day of October, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
9 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 10
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner and Chris O'Keefe, Planning and
Inspections Director
SUBJECT:
Consideration of Food Day Proclamation
BRIEF SUMMARY:
Food Day is a nationwide movement and celebration to promote affordable, healthy and sustainable food that
takes place every year on October 24. Food Day addresses issues as varied as hunger, health and nutrition,
agricultural policy, animal welfare and farm worker justice. The ultimate goal of Food Day is to unify and
strengthen the food movement in order to advance our nation's food policies.
Chairman Barfield and Mayor Saffo will participate in Food Day Wilmington on October 24, 2012 at 8:30
a.m. by presenting proclamations recognizing the day as Food Day in New Hanover County and the City of
Wilmington. That event will take place at UNCW in the Madeline Suite.
A full day of events are planned for the day and are free and open to the public. A letter to the community
and an invitation are attached with more information.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Innovate programs to protect the environment
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests Commissioners approve and adopt the proclamation and authorize the Chairman to sign.
ATTACHMENTS:
Food Day Proclamation
Food Day Community Letter
Food Day Invitaton
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
10/15/2012
10 -0
COMMISSIONERS' ACTIONS:
Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
10 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FOOD DAY
PROCLAMATION
WHEREAS, the health and well -being of our citizens is of primary concern for New Hanover
County; and
WHEREAS, promoting safer, healthier diets is a critical factor in improving citizens' overall
health; and
WHEREAS, supporting sustainable family farms and local agriculture benefits the local
economy; and
WHEREAS, obtaining fair pay and safe conditions for food and farm workers is beneficial for
both the producer and consumer so that the food we produce and consume is safe and fair for all;
and
WHEREAS, expanding access to food and reducing hunger is of critical importance to aid those
who live in food deserts.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that October 24 be recognized as "Food Day" in New Hanover County.
ADOPTED this the 15 day of October, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
10 -1 -1
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Dear Community Friend,
free and open to the public.
Food Day is a nationwide celebration of and movement toward more healthy, affordable, and
sustainable food, culminating in a day of action on October 24th each year. Food Day aims to
bring us closer to a food system with "real food" that is produced with care for the
environment, animals, and the women and men who grow, harvest, and serve it. The ultimate
goal of Food Day is to strengthen and unify the food movement in order to improve our
nation's food policies.
for lunch.
We hope to see you on October 24 ". Please see the attached invitation for RSVP information.
Sincerely,
Dr. Leslie Hossfeld
Executive Director
Southeastern NC Food Systems Program
Feast Down East
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Board of Commiss
10/15/2
10-3
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): Robert F. Cameron, Jr., Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris O'Keefe, Planning & Inspections Department
Director
SUBJECT:
New Hanover County Zoning Board of Adjustment Annual Update
BRIEF SUMMARY:
The New Hanover County Zoning Board of Adjustment will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Zoning Board of Adjustment Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard update.
Board of Commissioners Meeting
10/15/2012
11 -0
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex- Officio: Planning Director
Term of Office: 3 years
Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell
Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153 -A -345, 266.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance
requires members to be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is recognition of human frailty. If it were possible
for the legislative body to write a perfect zoning ordinance which would meet the needs of the
community while at the same time avoiding hardship in individual cases, there would be no need
for this board. Because that has been found near impossible, the Board of Adjustment has been
introduced as an integral part of almost every smoothly operating zoning enforcement
mechanism, serving as a "pop -off valve" to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation
and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of
parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations,
and, if necessary, (c) correcting any mistakes or abuses of discretion which the zoning official
may have made in administering the Ordinance. In exercising this power, the basic principle for
the Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret
and apply what the governing body has written, not to vary that legislative pronouncement to fit its
own ideas. Its decisions must be in accord with what the Board believes to be the actual
meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or
unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the Ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public
safety and welfare secured, and substantial justice done." Basically, a variance is a permit,
which the Board may grant in certain situations, enabling a property owner to make use of his
property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with
the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the lot is
located in a cluster of nonconforming uses which will prevent the owner from securing any
reasonable return from his land if he complies with the Ordinance (as where a lot in a residential
district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
Board of Commissioners Meeting
10/15/2012
11 -1 -1
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one
considers the importance of its decisions which expand or limit property values. These are
issues which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
Revised: 10/2/12
Board of Commissioners Meeting
10/15/2012
11 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Robert F. Cameron, Jr., Chairman
First 11/19/07
12/1/10
5119 Nicholas Creek
Second 11/15/10
12/1/13
Wilmington, NC 28409
313 -1961 (H) 762 -9635 (W)
Peter M. DeVita
First 11/15/10
12/1/13
7108 Key Point Drive
Wilmington, NC 28405
509 -3055 (H) 262 -2113 (C)
Justin Michael Lewis
First 11/16/09
12/1/12
3702 Providence Court
Wilmington, NC 28412
919- 414 -8410 (H) 794 -4880 (W)
Michael D. McCulley, Jr.
First 11/21/11
12/1/14
6102 Lydden Road
Wilmington, NC 28409
547 -5185 (H) 251 -2500 (W) 616 -6979
Chad McEwan
First 11/21/11
12/1/14
226 Shore Point Drive
Wilmington, NC 28411
604 -2100 (C)
ALTERNATES:
Joe Miller
First 11/15/10
12/1/13
7103 Centallion Court
Wilmington, NC 28411
538 -5639 (C) 796 -1022 (C)
John Edwin "Jack" Stanton II
Unexpired 3/15/11
12/1/13
708 Carolina Sands Drive
Carolina Beach, NC 28428
458- 5853(H) 254- 3553(W) 368- 7302(C)
Revised: 10/2/12
Board of Commissioners Meeting
10/15/2012
11 -1 -2
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
Revised: 10/2/12
Board of Commissioners Meeting
10/15/2012
11 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Colin J. Tarrant
First 11/21/11
12/1/14
7842 Olde Pond Road
Wilmington, NC 28411
919 - 414 -2684 (C)
Staff Support: Kenneth Vafier, Exec. Secretary
11/11
Senior Compliance Official
File: /Zoning
NHC Planning and Inspections Department
B /C #33
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7118
Revised: 10/2/12
Board of Commissioners Meeting
10/15/2012
11 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher, Finance Director and Donnie
Hall, Fire Chief
CONTACT(S): Lisa Wurtzbacher, Finance Director; Donnie Hall, Fire Chief; Tim Burgess, Assistant County
Manager
SUBJECT:
Public Hearing and Consideration of Assessment Resolution for Bald Eagle Lane Area Project
BRIEF SUMMARY:
Some of the residents in the Bald Eagle Lane and Futch Creek Road area in the Porters Neck community are
presently experiencing saline intrusion in potable wells that affects the water quality at their homes. The
County can expedite the extension of public water to these residents through a special assessment of the
benefited property owners. At the October 1, 2012 Board of County Commissioner meeting, a preliminary
resolution for this special assessment was adopted. This preliminary resolution called for a public hearing on
October 15, 2012 on matters related to this special assessment. Proper public notice has been filed and copies
of the preliminary resolution for the special assessment have been mailed to the affected property owners as
called for in N.C.G.S. 153A, Article 9.
The current estimated costs of extending public water to the area are as follows:
If the Cape Fear Public Utility Authority agrees to pay the County $330,000, the project costs to be assessed
to the residents of the Bald Eagle Lane area would be reduced to $298,000. There are approximately 205 lots
in the area that would benefit from this project. As such, project costs assessed to the affected property
owners could range from an estimated $1,454 to $3,063 per lot.
A final assessment resolution must be adopted after the public hearing to allow the project and special
assessment to move forward.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners Meeting
10/15/2012
12 -0
Costs
Estimated project cost
$884,000
Estimated costs for additional fire protection capacity
25( 6,000)
Estimated assessment cost
$628,000
If the Cape Fear Public Utility Authority agrees to pay the County $330,000, the project costs to be assessed
to the residents of the Bald Eagle Lane area would be reduced to $298,000. There are approximately 205 lots
in the area that would benefit from this project. As such, project costs assessed to the affected property
owners could range from an estimated $1,454 to $3,063 per lot.
A final assessment resolution must be adopted after the public hearing to allow the project and special
assessment to move forward.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners Meeting
10/15/2012
12 -0
Conduct the public hearing. Recommend the Board approve the Final Assessment Resolution and Interlocal
Agreement with Cape Fear Public Utility Authority (Interlocal Agreement to be discussed at agenda review).
ATTACHMENTS:
Presentation
Final Assessment Resolution
Attachment A
Interlocal Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Conducted public hearing. Approved 3 -0.
Board of Commissioners Meeting
10/15/2012
12 -0
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10/15/2012
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Board of Commissioners Meeting
10/15/2012
12 -1 -5
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BcO of Co� ssioners Meeting
10/ 15/2012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 -1 -6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FINAL ASSESSMENT RESOLUTION
BALD EAGLE LANE WATER SYSTEM EXTENTION
WHEREAS, the Board of Commissioners of the County of New Hanover has determined that it
may be in the best interest of the County to sponsor an extension of public water and that in
order to construct such project, it would be necessary to assess all of the cost thereof upon the
real property benefitted thereby; and
WHEREAS, a public hearing on all matters covered by this Resolution was 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of
New Hanover, North Carolina, that:
1. It is intended that a project be constructed 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
benefitted properties.
3. The basis for making the assessment against the benefitted properties of the Bald Eagle
Lane area will be the number of lots served, or subj ect to being served at an equal rate
per lot, as allowed by N.C.G.S. 153A- 186(a).
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 2% per annum
ADOPTED this the 15 day of October, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/15/2012
12-2-1
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
10/15/2012
12 -3 -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
10/15/2012
12 -3 -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
10/15/2012
12 -3 -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
10/15/2012
12 -3 -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
10/15/2012
12 -3 -5
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
AGREEMENT made as of the
Fear Public Utility Authority, a water
Chapter 162 A ( "Authority ") and New
North Carolina ( "County ");
INTERLOCAL AGREEMENT
day of , 2012 by and between the Cape
and sewer authority organized under General Statutes
Hanover County, a political subdivision of the State of
WITNES SETH:
WHEREAS, the County desires to promote expeditious extension of public water to the
designated Project area of Bald Eagle Lane and Fazio Drive to Eagle Point, located in New
Hanover County, as more specifically set forth in Attachment "A ", presently experiencing saline
intrusion in potable wells, through special assessment of benefited property owners pursuant to
N.C.G.S. Chapter 153A, Article 9;
WHEREAS, this project will alleviate environmental concerns; and
WHEREAS, the County has agreed to assist the perspective homeowners and Authority
in the financing and construction of the Project through participation in the cost of fire protection
(Fire Service Funding); and
WHEREAS, the CFPUA has agreed to provide non- reimbursed in -house water system
design services; and
WHEREBY, the Authority has agreed to participate in the cost of the project in order to
assist with the environmental problems.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, the parties hereto agree as follows:
1. County Participation The County will advance funds to the CFPUA to construct
water lines, hydrants and connection fees to residents in the project area. The
estimated total Project cost is $883,645; however, the County will fund the total final
cost of the Project.
2. County Participation for Fire Service. The County agrees to pay $256,000 for Fire
Services towards the total Project cost.
3. Acceptance of Pro ect Authority staff will design the Project and construct same in
accordance with the Plans and Specifications. Upon acceptance, the Authority will
immediately place the Proj ect into operation and implement the mandatory
connection process contained in the Authority ordinances at the time of project
completion. The Authority will not collect connection fees since the cost of
connection fees will be included in the County contribution of funds to the Project.
Board of Commissioners Meeting
10/15/2012
12-4-1
Connection fees cover the cost of tapping the water line and installing the service
line. Meter set fees will be paid by each individual parcel owner at the time of
application for connection. (The meter set fee is the cost of the Authority installing
and providing the water meter.)
4. Authority Participation. The Authority agrees to pay $330,000 toward the cost of the
Project. This amount shall be paid by the Authority within three (3) years of the
project completion and certification.
5. Limitation on Authority's Obligation to Pay. The obligation of the Authority to pay
the amounts provided for above is not a pledge of the Authority's full faith and credit
and is limited to the funds available to the Authority from System Development
Charges. Repayment is subject to and subordinate to the Authority's Bond
indebtedness.
6. Property Owner Assessments. The County will assess the owner of each lot any
remaining costs of the project on Bald Eagle Lane and Fazio Drive to Eagle Point. In
addition, when each property owner makes application for service, he shall pay to the
Authority a System Development Charge at the prevailing rate, as required by the
Authority Ordinance.
7. Successors and Assigns. This agreement inures to and is binding upon the successors
and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first set
forth above.
New Hanover County
ilm
ATTEST:
(Seal)
Cape Fear Public Utility Authority
Do
ATTEST:
(Seal)
Board of Commissioners Meeting
10/15/2012
12 -4 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 13
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. That meeting was
conducted at 6:00 p.m. on Thursday, September 13, 2012. Notes from the meeting and the list of participants
are included in this item as attachment number ten.
The item was also continued from the October 1, 2012 County Commissioners meeting.
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:
Board of Commissioners Meeting
10/15/2012
13 -0
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 #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)
Approved the rezoning 3 -0. Approved the special use permit 3 -0 with the two staff recommended conditions.
Board of Commissioners Meeting
10/15/2012
13 -0
ITEM# 13
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
10/15/2012
13 -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
10/15/2012
13 -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
10/15/2012
13 -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
10/15/2012
13 -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
10/15/2012
13 -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
10/15/2012
13 -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
10/15/2012
13 -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.
Schools: Ogden Elementary School
Board of Commissioners Meeting
10/15/2012
13-3-1
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10/15/2012
13-6-2
Board of Commissioners Meeting
10/15/2012
13 -6 -3
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MULTIFAMILY SUBURBAN NEIGHBORHOOT
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Greenwa Corridors
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13-6-4
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Current Approved Plan
Board of Commissioners Meeting
10/15/2012
13 -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
10/15/2012
13-7-3
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
10/15/2012
13-7-4
*rdered this 2nd da of Februar 2004.
F, WAV M- I
W's
0 4
Board of Commissioners Meetin
10/15/2012
13-7-5
PROPOSED SITE PLAN
Board of Commissioners Meeting
10/15/2012
13-8-1
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Board of Commissioners
13 -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
10/15/2012
13 -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
10/15/2012
13 -9 -2
,VIA
a", T huee Oaks
SUP 771ndin of Fact
'5�312012
Reaulred Findings for fteco"ll Use Permlb
Board of Commissioners Meetin
10/15/2012
13-9-3
'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
10/15/2012
13-9-4
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
10/15/2012
13 -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
10/15/2012
13-9-6
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S tie of Petitioeer andlor Property Owner Print Name
MWI
Board of Commissioners Meeting
10/15/2012
13 -9 -7
WROUD ENGINEERING, P.A.,
102-D Cinema Dd
nm
WILMINGMN, NC 28403
(910) 815-0775
TO G �
aIEV4[9a ors 4�caa��o�c�a
WE ARE SENDING YOU El Aftached 7 Under separate cover via lwdl&--the followin items:
0 Shop drawings 11 Prints 0 Plans 0 Samples 0 Specifications
[",.J1 Cop of letter 0 Chan order 0 . � .......
THESE ARE TRANSMITTED as checked below.-
a
REMARKS
COPY TO
Le Descn*ption
Prepared for
O 12 Properties, LLC and
Three Oak Property LLC
Board of Commissioners Meeting
10/15/2012
13 -9 -9
Board of Commissioners Meeting
10/15/2012
13 -9 -10
Board of Commissioners Meeting
10/15/2012
13 -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
10/15/2012
13-9-12
Board of Commissioners Meetin
10/15/2012
13-9-13
SIGN 4 ' {'; -- z {I� � ( `` i "' � J` I> 4/
't{ 1, }� If �i� it° ` �)r� t}}} i , sy 1' $� 1,
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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
10/15/2012
13 -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
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Kr, L H owell R03600
8 ai S ound k , � D } (
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Prop Address- � �, ( �S i . S tr,,
0 � Market It t , t 14 1 ,,
B us= ' Ss D ist r ict
6 'qtr C s , � iI( { + t1 ! n Contr
I t ,,, ut
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t I„ 4 7 fi# t it ,� W ,fti {l I };ti ft" i i \ i 4 , C'C
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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
10/15/2012
13 -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
10/15/2012
13-9-16
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Board of Commissioners Meetin
10/15/2012
13-9-17
N
Board of Commissioners Meeting
10/15/2012
13 -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
10/15/2012
13 -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
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Board of Commissioners Meeting
10/15/2012
13 -10 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM: 14
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Director, Environmental
Management
CONTACT(S): Joe Suleyman, Director, Environmental Management
SUBJECT:
Presentation of Covanta Contract with Flow Control Termination Provision and Operational
Modification of Disposal System
BRIEF SUMMARY:
Per Commission direction, staff has negotiated a termination provision in the Sustainable Energy Facility
Contract with Covanta that specifically addresses flow control, and staff has identified an operational change
that improves flow control concern.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear recommended enhancements to original contract and operational change, and direct staff to proceed
with presenting changes for Board action in November.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Heard presentation and directed staff.
Board of Commissioners Meeting
10/15/2012
14 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
REGULAR
ITEM:
15
DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following boards and committees:
NHC Library Advisory Board
NHC Board of Mechanical Examiners
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
A TT A f uIViFNTC -
NHC Library Advisory Board
NHC Board of Mechanical Examiners
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made:
NHC Library Advisory Board:
Mary Springer was appointed.
NHC Board of Mechanical Examiners:
Michael A. Callari was appointed.
Board of Commissioners Meeting
10/15/2012
15 -0
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COMMITTEE APPOINTMENTS
LIBRARY ADVISORY BOARD
1 vacancy - 3 Year Term ending 8/31/15
APPLICANTS:
Mary Springer
Attachments: committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTM
Board of Commissioners Meeting
10/15/2012
15 -1 -1
NEW HANOVER COUNTY
LIBRARY ADVISORY BOARD
Number of Members: 12
Term: 3 years
Regular Meetings: Third Thursday every month at 2:30 p.m. at the Main Library, 201 Chestnut
Street, Wilmington, NC 28401
Statute or cause creating Board: Policy for the Governing and Operation of the Library.
Brief on the functions: To develop necessary policies for the efficient and responsive operation of
the County's public library system. Also responsible for making recommendations to the County
Manager and County Commissioners concerning the operating and capital needs of the library.
Board members are expected to actively promote the library's service program; keep abreast with
trends in public library development and to work for the continued improvement of library services
offered by the County.
Board of Commissioners Meeting
10/15/2012
15 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
T. Gwendolyn Grear Brown
First 8/20/12
8/31/15
3224 Amber Drive
Wilmington, NC 28409
794 -9359 (H) 620 -4817 (C)
Kemp Magnus Burdette
Unexpired 10/15/07
8/31/08
116 Keaton Avenue
First 8/18108
8/31/11
Wilmington, NC 28403
Second 8/15/11
8/31/14
264 -8036 (H) 762 -4744 (W) 264 -8036 (C)
Nancy Ballard Cox
Unexpired 6/18/12
8/31/13
102943 rd Street
Wilmington, NC 28403
350 -8018 (H)
Mary E. Hatcher, Chair
First 8/13/07
8/31/10
1905 E. Lake Shore Drive
Second 8/17/10
8/31/13
Wilmington, NC 28401
762 -7259 (H)
Carroll R. Jones
First 8/17/09
8/31/12
4700 Chamberlain Lane
Second 8/20/12
8/31/15
Wilmington, NC 28409
793 -6401 (H) 619 -6401 (C)
H. Conrad Luhmann
First 8/15/11
8/31/14
1515 Village Drive, Apt. 3
Wilmington, NC 28401 -7524
399 -7664 (H)
Board of Commissioners Meeting
10/15/2012
15 -1 -2
NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONY)
Revised: 8/20/2012
Board of Commissioners Meeting
10/15/2012
15 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
John Osinski
First 8/15/11
8/31/14
174 Treasure Island Way
Wilmington, NC 28411
686 -2461 (H) 962 -4271 (W)
Ellen B. O'Malley
First 8/17/09
8/31/12
249 Wetland Drive
Second 8/20/12
8/31/15
Wilmington, NC 28412
791 -4333 (H) 465 -1307 (C)
Deloris H. Rhodes
Unexpired 1/18/11
8!31/11
1005 Deepwood Place
First 8/15/11
8/31/14
Wilmington, NC 28405
256- 0281(H) 352- 3229(C) 962- 7256(W)
Vacant
8!31/15
Elizabeth Stanfield- Maddox
First 8/16/10
8/31/13
2910 Park Avenue
Wilmington, NC 28403
762 -5151 (H) 617 -5151
Virginia Teachey
First 8/16/10
8/31/13
8713 Champion Hills Drive
Wilmington, NC 28411
681 -0320 (H) 520 -0414
Director: Harry Tuchmayer
File: /Library
New Hanover County Library
B/C #17 8.12
201 Chestnut Street
Wilmington, NC 28401
798 -6301 (Info) 798 -6309 (Adm.) 798 -6321
Revised: 8/20/2012
Board of Commissioners Meeting
10/15/2012
15 -1 -3
NEW HA No VER Co UN TY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington NC 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (91 0) 798 -7145
- OZ/i u 0 K Board /Committee. C4 M
Name: Ads M , , 1� r I a n _ I � E -Mail:
Home ,�
Address: ' � ] ►� f� ?
(St reet) y
Mailing Address if different:
Home Phone: _1 � l� ` f � 1• � 5 30 Fax:
ft
(Ci ty)
h
.i" -
ry- a
Manor-
iLl
( Z ip Code
(Zip Code)
Cell: f 5o 3 6 d B usin ess.
w w^
Years living in
New Hanover County: Male: Female: Race: Age:
(informati'on for the purpose of assuring a cross - section of the community)
■o you have a family member employed by New Hanover County? if yes, name. .
Employer.
A person currently employed by the agency or department for which this applicalion is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Occupation: L-bM L �=-1l mil) ) &�_1t
Professional Activities: ( r, 6" 1-1/ ILI `e rd 1
Volunteer Activities: A
Why do Y ou wish to serve on this board /committee? � �� - � y r� ' & A d , 1 1
L4 C.,0 0 '.
e'
onflict of if a board member b:V! s he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during lic meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct indirect, in the issue under consideration. The member should then excuse himselfJherself from voting on the matter.
What areas of concern would you like to see addressed by this committee? r4e."
1 ", d r\
nd P ri
A ejv, U/ CL
re 1-k
"d
e
s „ �
Qualifications. for serving. �► �.
4
a
r
Other ►municipal or county boardslcommittees on which you are serving:
A 4 ,
2-al -------
List three local personal references and phone numbers:
I 15
1. 117
2. amer) ?1���.� -, - � �._p• � y
D /o 11 '/'t els ri
RECEI
Date: 9) S ignature
g _'�' I N' L
Applica ons are k pt on file for 18 m l@P 1# 2012 ! understand that an board or iounty mmi a appointee m e removed
without cause by a ajority of Commissioners.
Please use reverse side for additional commeMsar of Commissioners Meeting
H H C B0 C 00/15/2012
15 -1 -4
COMMITTEE APPOINTMENTS
BOARD OF MECHANICAL EXAMINERS
VACANCIES: 3 Mechanical Contractors
Terms: 2 Years, Expiring 8/31/14
APPLICANTS:
ELIGIBLE FOR
REAPPOINT
MECHANICAL CONTRACTORS:
Michael A. Callari
Vacancies have been advertised for 3 months with only one new application.
Thomas L. Crittenden, Jr. and Ray McClory have offered to serve another term if
the commissioners so desire.
Attachments: Committee Information Sheets
Application
Board of Commissioners Meeting
10/15/2012
15 -2 -1
NEW HANOVER COUNTY
BOARD OF MECHANICAL EXAMINERS
Number of Members: 5 appointed by the Board of Commissioners as follows:
2 mechanical contractors
1 person experienced in gas piping installations
1 person experienced in commercial grease extractor systems
1 person experienced in heat, ventilation and air Conditioning installations
1 N. C. Registered Mechanical Engineer
W)
Terms of office: 2 years
Qualifications: Each member shall have a minimum of five years of experience in his or her
representative field.
Compensation: none
Regular Meetings: The Board shall meet after each examination, but not less than twice a year.
Statute or cause creating Board: General Statutes 153A -352, New Hanover County Code
Chapter 5, "Building" Amended by adding a new Article VII, "Regulation of Mechanical Work ",
dated 7120/87 and amendment dated 12/19/88.
Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to
the Board regarding their training and education; (2) pass an examination administered by the
Board, and (3) provide evidence of two years of experience in their perspective fields. To
administer written or oral examination quarterly on the first Tuesday in January, April, July and
October. The Board may revoke certificates and reinstate certificates in accordance with the
County Code.
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Thomas L. Crittenden Jr.
Class III
First 8/16/04
8/31/06
1144 Princeton Drive
Journeyman
Second 8/14/06
8/31/08
Wilmington, NC 28403
,Mechanic
Third 9/22/08
8/31/10
763 -4025 (H) 343 -1234 (W)
Fourth 9/20/2010
8/31/12
Larry Lisk
Mechanical
First 8/13/07
8/31/09
137 King Arthur Drive
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28403
Third 11/21/11
8/31/13
256- 9547(H) 796 -3978 (W)
Ray McClory
Class II
First 8/14/06
8/31/08
113 Yorkshire Lane
Journeyman
Second 9/22/08
8/31/10
Wilmington, NC 28409
Third 9/20/2010
8/31/12
675 -1944 (H) 675 -1944 (W)
_Mechanic
AeAl2
t 0
Board of Commissioners Meeting
10/15/2012
15 -2 -2
NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONY.)
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Susan D. Nance
class I
First 8/14/06
8/31/08
4101 Waylon Road
Journeyman
Second 9/22/08
8/31/10
Wilmington, NC 28411
Mechanic
Third 9/20/2010
8/31/12
686 -6389 (H) 686 -2811 (W)
Bruce Polity, Chairman
Mechanical
First 8/13/07
8/31/09
802 Rolling Hills Cove
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28409
Third 11/21/11
8/31/13
452- 7816(H) 772- 1555(W)
David B. Sims, Jr.
NC Registered
First 8/17/09
8/31/11
2512 Shandy Lane
Mechanical Eng.
Second 11/21/11
8/31/13
Wilmington, NC 28409
799 -0599 (H) 791 -8016 (W)
Staff Contact:
File: \Mechanical
William Eubanks, Chief Plumbing & Mechanical
B/C #19- 11.11
Inspector; Planning and Inspections Department
230 Government center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 8/2/2012
Board of Commissioners Meeting
10/15/2012
15 -2 -3
Rus 24 2012 9:27AM nEWCOMH RND COMPHnY 910 -392 -2035 page 1
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Board of Commissioners Meeting
10/15/2012
15 -2 -4
NEW HA NO VER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street Room 305
Wilmington, NC 2"014093
Tilephane 19 10)841j-T14.9
X4x(910) 34 r4130
1`0. P ■2 3
A ppffeadon Mir AP drat to B08fdz, Comm trew, and rrrinisa
Appofn red by th Now Hanover Govary bawd of Commftirlanefsn
lk 103
d VL. r 6 ■ Gmi 1 • 39PM
e a, for 1p� tine t - Neer Hanover County Mechani Examiners Board
Natrw Thomas L. Crittenden r Jr.
�l 1144 Pr i, nceton Dr . Ni I � bon No HOW long Bova you b a 56 Year
Address # k it t of N Hanavw caonw
�a����: '� 144 Princeton Dri
Cft d State: Wilm NC Z God.- 28403
1�lara: 763 -4025 R (91 ) 343 -1234
rs M MA...A Whi wA . 56
11 *47 &OMMSIM l it rw bra► iN& Pub dF uftfoir far m s ectbn of ;a =nvnw*vh WaIntedt
oft&wdyedbyr Tidewater Heating and Air cond . Inc
"A p4non cwnOr err+giaibred bF ow 4r aw or � 1� w��Jli met ien u made, rrieasf res�r�r J�.r1�� ��+ Mnr�
AewAmew C'omw n &md&bma4 A" sommdwce vilthArAft W. Sew 4 of me pew Hma"w CosviM pr. rnel,P &r.
job Tk/#*. Pres ide n t/o wner/License Holder
Ptofessianat ActilfNes: C Fwr Ccuffffuni,ty College Hea ting/Air Conditioning Board Member
1 ilk lv rAce( Contractors AsaociatimlPast President. Heating & Air Conditioning K.H. Cc.
Why do M w;M ro qua on the Board, Comm tme or Cbrrfrr*sfan requested? To bring 30 years experience
to the ward and rej nivate the rd's activities administering Journeyman's Li ne
Wheir do yqu* feel are your gVallfkwr far s n on tha Board. rrrptte
Caep or Gorr m6slan feque3red? NC
License balder. Pl ing Cl I Heating HI -M--H3 Classl 068781 Refrigeration License
= ,. m _ #1902: Mny rs a of rime a nd the imderstandi of the C ract n
M a t ar &vs of concern wo uld you Nk to sae 1* a gaaV� C OMMr W a& Of COMMAWfan addraast 7o be aura the
Mechanical. miners 'Board delivers the e ducati on necessary to provide Xnowledgeable
mechanice - and belma , - -- - - - -- - -- - - -
Are you currently ss g on a /lodhm board or GQ a appofnedd by a rnonirfpallry or a Vaunt F If So, pleaS9 Aat.
Cape Fear ity Colle Rating and Air Conditioning Ord
. July 6, 2001 . .
Rem s use mve s ry l m*9M ael can & 417 Wr" k.
i
;i) j )
JUL
k
Board of t,WWM Br�Meeting
8 D g �N f ] ` 1 1 06
15 -2 -5
07/28/2006 08 :57 9106751668 STRICKS LP GAS PAGE 01
New Ha nover Coun
Board of r M M issio ere C ONUVHTTEE APPLICATION
320 Chestn S treet s Room 305
wilmin&n, NC 28401 -4093
Telephone: (910) 793 -711$9
Fax: 798 -7145
Board /Committee: Mac • Board of Examiners
7g2me: Ray M CClvary
"oaue 28409
Addre 113 Yorkshire Lane Wilmington
(Street) (City) ( zip Code)
Mailing Address if diff rent:
Home Phone: 910-6 --1944 )Business/Work 'hone: 575 --1944 .
Years Living in 4 f Irish 44
New Hanover County: Male: ���-" -{ Femnle: Race: Age: --
(Informadert for the purpose of assuring ■ crow section of the community)
Emp loyer: Axpco
m P loyer:Ampco In dba . Strick ' s LP Gaa �
(,A, person curreall employed by the ageacy or department For which this application is made, mu resi�n hislbet' position with Now Hanover County
gposf appointment, In accordance wlm Artfelevi, section 4 of the New n &saver Copnfy fttvoiAnt) P olicy.)
Job Title.
President
Professional Activities: Ac counting, Scheduling r Installations
Volunteer Ae itvities:
vby do you wish to serv on this board /committee? Chance to get involved in process directly related to
my Indus try .
conmet of rnforest. p a board r emberbelleves by l she has a rontlict or polentlal conoict of inf emst on a particular Issue, that member should state this belief to Me WAS(
members Ohl; flier respectlre yard during a public m eeting. The mombor of ov)d state the naturo of the conNlct, doraHlI+g 1pat hopOiphc has a separote, private or monetary
Interest, sithcr direct ar indirect, n the Issue under comsideration. The member should then cxGyse himself I herself from voting on Me matter.
What areas of concern would your like to see addressed by this committee? eduoation of installers, and
cons I s.tancy of rialated fields regarding machanioal inspections and codes .
ualificativos far servx g• • Owner of propane gas company for six years and a tats gas license for
Q
three years.
Other municipal or cov nty boards /committees on which your are serving: �
JUL 2 2006
List three local person• l references and phone numbers:
1. Lloyd Prime 79 - 5330 Chief Meth Inspector NEW HANOVER CO,
8D. Of MWISS
Zr Leon Pruzan 97-1556 Frist Citizens Bank
3. Jeff Lani cr 1 70 -8197 Gas solutions
July 2 B , 20 6 •�'
Date. Signature:
Applications are k pt an file for 1.3 months Use reverse side for std ltloaai comments
Board of Commissioners Meeting
10/15/2012
15 -2 -6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 15, 2012
ADDITIONAL ITEMS
ITEM: 16
DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Consideration of Appointments to Boards
BRIEF SUMMARY:
The following vacancies exist due to the resignation of Ted Davis:
*Airlie Gardens Foundation Board of Directors (commissioner designated)
Cape Fear Community College Board of Trustees (commissioner optional)
Cape Fear Museum Advisory Board (commissioner optional)
Wilmington Regional Film Commission (commissioner designated)
*The Airlie Board has an opening for a Corbett family member. Ted Davis, Jr. has requested appointment.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments as desired.
ATTACHMENTS:
2012 listing of commissioner appointments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made:
Airlie Gardens Foundation Board of Directors:
Ted Davis, Jr. was appointed as a Corbett family member.
Jonathan Barfield, Jr. was appointed.
Board of Commissioners Meeting
10/15/2012
16 -0
Cape Fear Community College Board of Trustees:
Jason Thompson was appointed.
Cape Fear Museum Advisory Board:
Jonathan Barfield, Jr. was appointed.
Wilmington Regional Film Commission:
Rick Catlin was appointed.
Board of Commissioners Meeting
10/15/2012
16 -0
2012 NEW HANOVER COUNTY COMMISSIONER
APPOINTMENTS FOR BOARDS AND COMMITTEES
Airlie Gardens Foundation Board of Directors
Chairman Davis
Cape Fear Community College Board of Trustees
Chairman Davis
Cape Fear Community College Long -Range
Chairman Davis
Planning Committee
Cape Fear Museum Advisory Board
Chairman Davis
Cape Fear Public Transportation Authority/WAVE Transit
Vice - Chairman Barfield
(WAVE's representative on the MPO/TAC)
Cape Fear Public Utility Authority (expiring term 6/30/12)
Commissioner Thompson
Cape Fear Public Utility Authority (expiring term 6/30/12)
Commissioner Catlin
Chamber of Commerce
Vice - Chairman Barfield
Council of Governments Executive Committee
Vice - Chairman Barfield
DSS Board (expiring term 6/30/13)
Vice - Chairman Barfield
DSS Methamphetamine Task Force
Vice - Chairman Barfield
Health Board
Commissioner Catlin
Legion Sports Complex Commission
Commissioner Thompson
Legion Sports Complex Commission
Commissioner Berger
Lower Cape Fear River Program Advisory Board
Commissioner Catlin
Lower Cape Fear Water &Sewer Authority (expiring term 6/30/12)
Commissioner Catlin
New Hanover County Financing Corporation
Chairman Davis
New Hanover Regional Medical Center Board of Trustees
Vice - Chairman Barfield
Port, Waterway &Beach Commission
Commissioner Catlin
Southeastern Center (Mental Health)
Commissioner Catlin
Southeastern Economic Development Commission
Vice - Chairman Barfield
Ten Year Plan to End Homelessness
Commissioner Thompson
Tourism Development Authority
Vice - Chairman Barfield
Wilmington Business Development
Commissioner Thompson
Wilmington Regional Film Commission
Chairman Davis
Wilmington Urban Area Metropolitan Planning
Commissioner Berger
Organization (Transportation Advisory Committee)
Board of Commissioners Meeting
10/15/2012
16 -1 -1