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Agenda 2013 05-06
New Hanover County, North Carolina NT Asia May 6, 2013 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 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 3 01 ® Wilmington, NC ID WOODY WHITE,CHAIRMAN-BETH DAWSON,VICE—CHAIR e JONATHAN BARFIELD,JR.,COMMISSIONER BRIAN M.BERGER,COMMISSIONER THOMAS WOLFE,COMMISSIONER CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD J MAY 612013 6:00 P.M. MEETING CALLED TO ORDER(Chairman Woody White) NON-SECTARIAN INVOCATION (Pastor Shawn Blackwelder, St. Paul's United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Brian M. Berger) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of a Resolution to Revise the Structure of the Cooperative Extension Advisory Council by the Addition of Membership Categories 3. Adoption of a Resolution and Award of Contract for Emergency Operations Center Audio Video Replacement, Installation, and Services 4. Approval of a Bid Award to MHC Kenworth Inc., for the Purchase of a Roll-Off Truck for the Environmental Management Department's Recycling Program at the Bid Price of$143,832.00 5. Approval to Apply for the 2013 Bulletproof Vests Grant from the Bureau of Justice Assistance 6. Approval to Exchange Six (6) Used 2011 Harley-Davidson Motorcycles for Six (6)New 2013 Harley-Davidson Motorcycles 7. Approval of New Hanover County Board of Education Capital Outlay Budget Amendment 47 8. Adoption of Budget Amendments REGULAR AGENDA ITEMS OF BUSINESS 9. Consideration of Mental Health Month Proclamation 10. Consideration of Women of Achievement Month Proclamation 11. Consideration of Preservation Month Proclamation 12. Public Hearing Special Use Permit Request(5-614, 04/13) - Request by Thomas H. Johnson, Jr. on Behalf of Owner, Tung Lam Buddhist Temple, Inc., to Obtain a Special Use Permit for SCI Towers LLC to Construct a 165-Foot Monopole Telecommunications Tower at 6115 Gordon Road 13. Public Hearing Rezoning Request(Z-923M, 04/13) - Request by Walter Pete Avery on Behalf of TCB Rocky Point, LLC to Modify an Approved CZD(B-1) Conditional Zoning District Neighborhood Business Containing 2.06 Acres of Land and Right-Of-Way Located at 2616, 2620, and 2624 Castle Hayne Road 14. Consideration of a Resolution Advancing the Countywide Revaluation 15. Consideration of Ad?Ornmissioners tion of Fiscal Policies Presented April 22, 2013 Board of Meeting 05/06/2013 PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 16. Consideration of Funding Marquis Hills and Heritage Park Sewer Projects 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 18. ADJOURN Board of Commissioners Meeting 05/06/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: DEPARTMENT: PRESENTER(S): Chairman White 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 April 18,2013 Regular Meeting held on April 22,2013 Special Meeting held on April 22, 2013 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6,2013 CONSENT ITEM: 2 DEPARTMENT: County Manager PRESENTER(S): Al Hight,Cooperative Extension Service Director CONTACT(S): Tim Burgess,Assistant County Manager SUBJECT: Adoption of a Resolution to Revise the Structure of the Cooperative Extension Advisory Council by the Addition of Membership Categories BRIEF SUMMARY: The Cooperative Extension Advisory Council was added to the Board of Commissioners' application and appointment process for boards and councils on January 23, 2006. The Council had endorsed the proposed changes. Staff proposes, through the attached resolution, to increase the number of members from 16 to 23- 25 members, and to add categories of membership. Current members would complete their terms, and the new categories would be filled through attrition. Staff also recommends that the Clerk's Office work in conjunction with the Cooperative Extension Service Director when bringing applicants forward for the Board's consideration to ensure that qualified candidates are able to represent the diverse categories proposed. STRATEGIC PLAN ALIGNMENT: Effective County Management Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Cooperative Extension Council Resolution Current Council Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REVISING THE STRUCTURE OF THE COOPERATIVE EXTENSION ADVISORY COUNCIL BY THE ADDITION OF MEMBERSHIP CATEGORIES WHEREAS, the Cooperative Extension Advisory Council was added to the Board of Commissioners application and appointment process for boards and committees on January 23, 2006; and WHEREAS,the council is currently made up of sixteen At-Large members; and WHEREAS, the council would be more beneficial in its advisory capacity if appropriate categories of membership were defined for appointments; and WHEREAS, the proposed categories include one from each of these categories: Friends of the Arboretum,New Hanover County Master Gardener Association, 4-H Program Committee, Consumer Horticulture Program Committee, Family and Consumer Science Program Committee, Environment and Natural Resources Program Committee, Commercial Horticulture Program Committee, New Hanover County Administrative Team, City of Wilmington, Wilmington Housing Authority, Greater Wilmington Chamber of Commerce, New Hanover County Schools,New Hanover County Parks and Gardens, Cape Fear Community College, and University of North Carolina Wilmington; and eight to ten additional members of the community including representatives from: New Hanover Regional Medical Center, PPD, Corning, General Electric, Media, and At-Large. WHEREAS, the current council members would continue to serve, and the new categories filled by attrition; and WHEREAS, the Clerk's Office will work in conjunction with the Cooperative Extension Service Director to bring applicants forward for the Board's consideration to ensure that qualified candidates are able to represent the diverse categories proposed; and WHEREAS, when all categories become filled, the number of members would range between 23 to 25 members. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the new structure of the Cooperative Extension Advisory Council by the addition of membership categories. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 2- 1 - 1 NEW HANOVER COUNTY COOPERATIVE EXTENSION ADVISORY COUNCIL Members: 16 At-Large; Appointed by the County Commissioners Terms of Office: Three years. Purpose: Participate in and support Cooperative Extension programs and events. Cooperative Extension is a partnership between New Hanover County Government and two Universities: North Carolina State University and North Carolina A & T State University. Primary responsibilities of the County Advisory Council are to: 1. Provide input and direction for overall educational programming conducted by Extension Staff and volunteers in the areas of horticulture (Arboretum), 4-H Youth Development, Family and Consumer Sciences, Coastal Management, Environmental Education, and Urban Forestry. 2. Serve as an advocate in support of Cooperative Extension with citizens, community leaders, and elected officials 3. Foster relationships with other related organizations and agencies Meetings: Four times yearly, held in auditorium at the New Hanover County Arboretum Statute or cause creating council: Cooperative Extension Director requested County Commissioners appoint members 1/23/2006. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Durwood Baggett Initially by Ex-Officio 2324 41 St Street, Apt. 323 Cooperative Ext. Wilmington, NC 28403 NHC 1/23/06 790-9580 (H) Nathan Bales Unexpired 11/21/11 5/31/12 4709 Rushing Drive First 5/21/12 5/31/15 Wilmington, NC 28409 632-6681 (H) 431-4774 (C) Leon David Bridgers First 5/17/10 5/31/13 118 Wellington Drive Wilmington, NC 28411 686-1947 (H) 512-2765 (W) Amanda L. Davis Unexpired 2/15/10 5/31/11 P.O. Box 15135 First 5/16/11 5/31/14 Wilmington, NC 28408 228-8625 (C) Ted Davis, 111 First 6/16/08 5/31/11 309 N. Channel Drive Second 5/16/11 5/31/14 Wrightsville Beach, NC 28480 520-4344 (C) 399-6649 (W) Board of Commissioners Meeting 05/06/2013 2-2- 1 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Angela Keith First 4/20/09 5/31/12 6803 Buckhurst Court Second 5/21/12 5/31/15 Wilmington, NC 28411 962-7450 (W) 471-8393 (C) Justin W. LaNasa First 5/21/12 5/31/15 533 Hidden Valley Road Wilmington, NC 28409 352-5015 (C) 343-0013 (W) Paul Masten Unexpired 7/20/09 5/31/10 233 Racine Drive, #86 First 5/17/10 5/31/13 Wilmington, NC 28403 352-1812 (H) 799-9945 (W) 616-1085 (C) Andy Mills Unexpired 12/7/09 5/31/10 1209 Tremont Court First 5/17/10 5/31/13 Wilmington, NC 28411 791-0804 (H) 254-9333 (W) Charles F. Mincey First 2/16/09 5/31/12 5433 Widgeon Drive Second 5/21/12 5/31/15 Wilmington, NC 28403 799-5391 (H) 452-1185 (W) Robert C. Murray III First 10/17/11 5/31/14 8313 Sharaz Way Wilmington, NC 28411 686-1892 (H) 470-9841 (W) Shari Ricks First 10/17/11 5/31/14 615 Tibbys Drive Wilmington, NC 28411 200-0752 (H) Zachary Rudisin Unexpired 8/17/09 5/31/10 5310 Petrel Court First 5/17/10 5/31/13 Wilmington, NC 28409 297-2295 (H) Chet Stukes Unexpired 3/12/12 5/31/13 2107 Rhodes Avenue Wilmington, NC 28405 343-0800(H) 264-1174 (C) Virginia Teachey First 5/16/11 5/31/14 8713 Champion Hills Drive Wilmington, NC 28411 681-0320 (H) 520-0414 (C) Revised: 7/26/2012 Board of Commissioners Meeting 05/06/2013 2-2-2 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Ireland S. Upchurch First 7/23/12 5/31/15 1222-B Columbus Circle Wilmington, NC 28403 251-0265(H) 471-7449(C) Director: Al Hight, Cooperative Extension Service File: /Cooperative 7.12 6206 Oleander Drive B/C #N/A Wilmington, NC 28403 798-7660 (0) 798-7678 (Fax) Revised: 7/26/2012 Board of Commissioners Meeting 05/06/2013 2-2-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 3 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee,Emergency Management and 911 Director CONTACT(S): Steven Still, Emergency Management Specialist; Steve Simms, Information Analyst; and Lori Colon,Purchasing Agent SUBJECT: Adoption of a Resolution and Award of Contract for Emergency Operations Center Audio Video Replacement,Installation,and Services BRIEF SUMMARY: New Hanover County's Emergency Operations Center(EOC), when completed in 2006, included a state-of- the-art audiovisual system. Because of the system's age and amount of use, as well as advances in technology, the system is in need of an upgrade. The EOC houses a 65-seat auditorium and 3 smaller attached conference rooms. In times of emergency the EOC is utilized as a centralized command and control facility where multiple agencies from across the region can coordinate fire, law enforcement, and emergency medical service personnel to provide assistance to those parts of our community that need assistance. When not in a state of emergency, the center is used year-round by both inside and outside agencies to conduct emergency management and emergency preparedness-related training. Staff solicited a Request for Proposals (RFP)on March 20, 2013 to establish a contract through competitive negotiations to acquire the services of a contractor to provide the Audio Video Replacement, Installation and Services for the Emergency Operation Center. Two (2) proposals were received in response to the County's solicitation which included,MTS Services and Accousticreations. Accousticreations $1881348.73 MTS Services $1921857.52 Staff met to review and evaluate the proposals according to details received in the request for proposals (RFP) and recommended that the contract be awarded to MTS Services for their expertise in structured cabling, equipment quality, experience with upfitting Emergency Operation Centers (EOC), and their 24 hour, seven days a week emergency service capability. Emergency Management has funds available in Capital Outlay for EOC upgrade in the amount of$192,857.52. County staff determined that MTS proposal was in the best interest of the County over Acousticreations due to the following reasons. Physical Equipment Crestron Control System As per the Crestron regional sales manager, MTS possesses the Digital Media Certifications required for programming the control system as Acousticreations does not. Displays MTS's proposal includes higher quality NEC brand commercial grade Light Emitting Diode- LED displays. These displays possess a better picture quality and higher energy efficiency over the Samsung Liquid Crystal Display-LCD TV in Acousticreations proposal. Board of Commissioners Meeting 05/06/2013 3-0 MTS includes four new goose neck microphones for dais. Acousticreations did not include this in their proposal. The goose neck microphones provide higher quality sound. MTS includes additional new projector screens for all rooms, except 911. Acousticreation did not include this in their proposal. The additional projectors assist in the display of high detail presentation such as Geographic Information Systems(GIS)maps and video presentations. Projectors and Screens MTS's proposal includes structurally reorganizing the projector screens, digital displays and white boards in the EOC to provide a seamless, organized presentation of data, whereas Acousticreations' proposal does not include reorganization,their proposal includes a reuse of the existing layout. The projector that was quoted by Acousticreations, the Optoma PRO8000, is no longer in production. The County deemed it may be difficult to find replacement parts and bulbs for a discontinued projector. The NEC projectors that MTS quoted were of a substantial higher quality and better energy efficiency over Acousticreation's Optoma. • MTS's NEC has a Longer Lamp life of 3000hrs,whereas the Optoma has 2500hrs • MTS's NEC has less power consumption with—464 Watts,whereas the Optoma uses 860 Watts • MTS's NEC has less Fan Noise with—3 8dB,whereas the Optoma has a 42dB Acousticreations' proposal does not include replacement of projectors in County Commissioner room, City EOC, or Emergency Management Conference Room. MTS's proposal includes new retractable diagonal 16:10 aspect ratio projector screens in the EOC and fixed wall mounted diagonal 16:10 aspect ratio screens in the City of Wilmington's EOC, EPIC, County Commissioner's room, and Emergency Management Conference room. Acousticreations did not include this in their proposal. Services MTS is a national company that offers 24/7 emergency services through its continually manned operations center and local office. Acousticreations has a during operation hours local help line, however, you have to leave a message and wait for assistance. STRATEGIC PLAN ALIGNMENT: Effective County Management Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution for the Audio Video Replacement, Installation, and Service. ATTACHMENTS: Contract Award Resolution Award Justification COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Board of Commissioners Meeting 05/06/2013 3-0 Approved 5-0. Board of Commissioners Meeting 05/06/2013 3-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT FOR AUDIO VIDEO REPLACEMENT, INSTALLATION AND SERVICES WHEREAS, a Request for Proposals (RFP) was solicited on March 20, 2013 to establish a contract through competitive negotiations to acquire the services of a contractor to provide the Audio Video Replacement, Installation and Services for the Emergency Operation Center; and WHEREAS, on April 12, 2013, two (2) proposals were received in response to the County's solicitation which included MTS Services and Accousticreations; and Accousticreations $1889348.73 MTS Services $1929857.52 WHEREAS, staff met to review and evaluate the proposals according to details received in the RFP and recommended that the contract be awarded to MTS Services for their expertise in structured cabling, equipment quality, experience with upfitting Emergency Operation Centers, and their 24 hour, seven days a week emergency service capability. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract for Audio Video Replacement and Installation, RFP 4 32013 is awarded to MTS Services, and the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 3- 1 - 1 Many of the services and equipment that were included in the two proposals were similar, if not identical, due to the specific requests in the RFP. However, MTS's proposal was chosen over Acoustic Creations due to the following reasons.The differences in the proposals are listed below. MTS's is known for their structured cabling expertise of data centers, commercial and government facilities and especially Emergency Operations Centers. Recently, MTS's completed a comprehensive upfit of General Electric's Emergency Operating Center in Castle Hayne. GE's management stated that they were very pleased with the services, products, installation and support that MTS provided. MTS is a national company that offers 24/7 emergency services through its continually manned operations center and local office. Acoustic Creations also has a local help line, however you have to leave a message and wait for assistance. MTS's proposal includes structurally reorganizing the projector screens, digital displays and white boards in the EOC to provide a seamless, organized presentation of data. Physical Equipment Crestron Control System As per the Crestron regional sales manager Acoustic Creations does not have the Digital Media Certifications required for programing our control system MTS's proposal includes a new tabletop controller device for the EOC, and wall mounted controller each for the County Commissioner conference room, EPIC, City of Wilmington EOC, and for the Emergency Management conference Room. Displays MTS's proposal includes higher quality NEC commercial grade LED displays; whereas Acoustic Creations proposal includes Samsung LCD displays. MTS includes four new goose neck microphones for dais. MTS includes new projector screens for all rooms, excluding 911. Projectors and Screens The projector that was quoted by Acoustic Creations,the Optoma PRO8000, is no longer in production. We find that it may be difficult to find replacement parts and bulbs for a discontinued projector.The Board of Commissioners Meeting 05/06/2013 3-2- 1 NEC projectors that MTS quoted were of a substantial higher quality and better energy efficiency over Acoustic Creation's Optoma MTS's NEC has a Longer Lamp life of 3000hrs, whereas the Optoma has 2500hrs MTS's NEC has less power consumption with—464 Watts,whereas the Optoma uses 860 Watts MTS's NEC has less Fan Noise with—38dB, whereas the Optoma has a 42dB Acoustic Creations proposal does not include replacement of projectors in County Commissioner room, City EOC, or Emergency Management Conference Room. MTS proposal includes new retractable diagonal 16:10 aspect ratio projector screens in the EOC and fixed wall mounted diagonal 16:10 aspect ratio screens in the City of Wilmington's EOC, EPIC, County Commissioner's room, and Emergency Management Conference room. In their proposal Acoustic Creation provided similar products and services, however MTS Services stood out and was chosen due to their expertise in structured cabling services,their superior equipment quality,their 24/7 emergency services capability,and their experience with upfitting Emergency Operation Centers. Board of Commissioners Meeting 05/06/2013 3-2-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 4 DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman,Environmental Management Director CONTACT(S):Joe Suleyman,Environmental Management Director SUBJECT: Approval of a Bid Award to MHC Kenworth Inc., for the Purchase of a Roll-Off Truck for the Environmental Management Department's Recycling Program at the Bid Price of$143,832.00 BRIEF SUMMARY: The Department of Environmental Management received a total of eight (8) bids plus state contract pricing for roll-off trucks, representing seven (7) makes and eight (8) models. Staff reviewed bid compliance with the published specifications, number of exceptions, warranty coverage, and pricing and recommends purchase of the 2014 roll-off truck and tarping system from MHC Kenworth Inc., at the bid price of $1431832.00. After analyzing the bids, staff chose the first bidder that could provide both the specified equipment and service levels required. Equipment specifications were measured against the bid specifications and service levels were measured against prior service history with each vendor. While MHC Kenworth was not the lowest bidder, their bid was the lowest bid that met the published specifications and provided a history of excellent service. The selected unit will meet the needs of the department and bid pricing is below the $150,000 budgeted amount included in the fiscal year 2013 adopted budget for the Environmental Management Enterprise Fund. In addition, staff is confident in the dealer's ability to provide timely,reliable service and product support for the department. STRATEGIC PLAN ALIGNMENT: Effective County Management Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of a resolution granting approval for the award of the bid for the purchase of a 2014 Kenworth Model T800 Roll-Off Truck to MHC Kenworth, Inc., and authorization for the County to issue a Purchase Order in the amount of$143,832.00 for the truck purchase. ATTACHMENTS: Bid Tabulation for Roll-Off Truck Purchase Resolution for Bid Award for Purchase of Roll Off Truck Board of Commissioners Meeting 05/06/2013 4-0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 4-0 O O O Q cn }' O O O O O ri rl Lw rn N Ln Ln O }' � U aj Ln : Z I� Ln N N ih Ln Ln CL rl rl 0 a) 0 rl a 0 O 0 s O O O O -c two r Ln N N 4f 0 0 _ lD 00 V)N 00 c c 00 Lf) M M 'V) � aj c: W H � � z3 M 9 o c E a - u r 0 j c� o _ O O O o c 00 00 cu - O c cu 0) Ln ct 0 0 a) b-O N R3 N O trio C c: m V1. O it O O O 00 cn O O O 00 LL m Ln oo Lri M LPL Ln l0 rl I� M r` M N rl M e-1 O u 0 O 0 9:1- Ln O rl N 00 M J 2� a c� a� J 1 � D t7 O w 111 ,::1- O ::1- O b' N O N O N cn NM Ln Ln 0 0 0 (10 Q Ln I� 0 0 00 O 01 I� r-. N M N � � M N � m � M 0 � - r-I ri ri rq `I > az E U ° > o 00 L.L O O O o 0 DC +r O O O o F _ E 0) N N Z Lw m Ln 0) 01 .° � � ° p � rV aj -0 V W 0 aj 0) LL 0 O � O O O O Q > 0 0 0 00 wl Ln N � M Imo• ca +-� �' a m m M M ai a) E _ ~ O W � O r,.- O r% Z �o O �o O w W .. M r-i rl Ol Q' �, u � 0 a Ln N w m O0 ca � M Ln rl t0 Q) c c: Cj N m M Ln Q E V � nn .� o — a N O J O O O 00 0 0 0 0 0 m p co Ln o0 Ln M a E V 00 rl O1 0 Q0 Ln rl rl M 0 aj � c � iJ� M Ln -0 E m ih ih ' Ol O D CL U v L E S 2 ai F- .�--+ p D o U , 0 0 U .� a-J > cn Z -�-, u 'w = and Commissioners Meeting Ln Q u-c + ° 05/06/2013 4- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE PURCHASE OF A ROLL-OFF TRUCK AND TARPING SYSTEM FOR THE ENVIRONMENTAL MANAGEMENT DEPARTMENT'S RECYCLING PROGRAM WHEREAS, after due advertisement, bids were received and recorded by the Environmental Management Department at 2:00 p.m. on the 26th day of March 2013, at the administrative offices of the Department of Environmental Management, 3 002 U.S. Highway 421 North, Wilmington, North Carolina, and seven (7) companies submitted eight (8) qualified bids plus the State of North Carolina contract pricing for the purchase of a roll-off truck and tarping system for the Recycling Program; and WHEREAS, a bid tabulation was completed for the eight (8) bids plus the state contract price as shown; and Bidder Bid Amount adjusted Piedmont Truck Center $1331263.00 State Contract(Transource, Inc.) $1361807.67 Transource, Inc. $1371775.00 Carolina Environmental Systems $1391210.00 Advantage Truck Center $1391800.24 Transource, Inc. #2 $1421173.00 Palfleet Truck Equipment $1421444.80 MHC Kenworth Inc. $1431832.00 Peterbuilt of Columbia $1521517.00 WHEREAS, a bid evaluation was completed by staff; the selected unit will meet the needs of the department, and staff is confident in the dealer's ability to provide timely, reliable service and product support for the department; and WHEREAS, funds for this project are available in the 2013 fiscal year adopted budget for the Environmental Management Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the purchase of a roll-off truck and tarping system to MHC Kenworth, Inc., and that the County is hereby authorized and directed to issue a purchase order for this authorized purchase. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 4-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S):Fonda Sykes,Administrative Support Specialist SUBJECT: Approval to Apply for the 2013 Bulletproof Vests Grant from the Bureau of Justice Assistance BRIEF SUMMARY: The Sheriffs Office requests permission to apply for the 2013 Bulletproof Vests Grant from the Bureau of Justice Assistance (BJA).As in the past,this grant will require a 50%local match. The match can come from within the Sheriff s recommended FYI 3-14 budget. The grant is anticipated to be awarded in October 2013. We are uncertain at this time how much we would be awarded.Last year's award was $10,642 ($5,321 BJA and $5,321 County). Once awarded, we will bring this back to the Commissioners for acceptance and approval of the required budget amendment. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize approval to apply for the 2013 Bulletproof Vests Grant from the Bureau of Justice Assistance. ATTACHMENTS: GRANT EVALUATION FORM 2013 BPV APPLICATION COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 5-0 NEW ]HALNOVER COUNTY Grant Application Evaluation Form r I rb-o7 C) r Datea.Mw& , Head:sheriff Departnent Fows Area: Co.-Apphomts/Offia Parficipeft TV . r Gnmt r of Vast Earwftsb Funding OWnizad= Fiscal ■ ■ 2013,2014 ■ MNo $000-00 x Cwh dAmd Aw AppUmdon r_ Date: Briefly ■ 116 r submit I r r would have to pawhaw vaL a DMpOnSm s ° r Prqed ■ In Can we capiWize on ■ t equipment fialt Do=the V�wtx NMff Mpgo kWftw coft as an aftwable!= ? aYa XNo Board of Commissioners Meeting 05/06/2013 5- 1 - 1 if wbA ddlu or pg2SLUE is All rcd? u ca ti t i�fn qu XYCS oo ❑Psl Vffl new podfims be rapeftd(or eq;amg gmt fGD&d;wdfww cxt=&d)? 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UYeS XN6 r 4 ■ Din Advanw XRfimbwament -114 tho Ggmt Policy(AM 12-W5), 1 wlwowledp as the 1 We 4 8 Depwiment lie4 I Om 4910=9 Date(MD I' I Si Board of Commissioners Meeting 05/06/2013 5- 1 -2 t Grants&PMcd Angayst ONot Affmad Date PDAWNY) e age Board of Commissioners Meeting 05/06/2013 5- 1 -3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 6 DEPARTMENT: Sheriff PRESENTER(S): Ed McMahon, Sheriff CONTACT(S):Rhonda Smith, Chief SUBJECT: Approval to Exchange Six (6) Used 2011 Harley-Davidson Motorcycles for Six (6) New 2013 Harley- Davidson Motorcycles BRIEF SUMMARY: Every two (2) years, Carolina Coast Harley-Davidson permits the Sheriffs Office to exchange their used Harley-Davidson motorcycles for new ones. Continuing with this schedule, the Sheriffs Office would like to exchange the existing six (6) 2011 Harley-Davidson motorcycles for six (6)new 2013 Harley-Davidson Motorcycles. The total trade-in allowance offered by Carolina Coast Harley-Davidson for the six motorcycles is $73,795 and the total sales price for the new bikes will be $114,071. The difference in the trade-in value of the 2011 bikes and the cost to acquire the new bikes is $40,276 which includes the purchase and installation of additional equipment, set up and delivery, transfer of existing equipment, and lettering for each new motorcycle. ;Total Cost of(6) new 2013 Harley-Davidson Motorcycles $114,071 Trade-in Value of (6) used 2011 Harley-Davidson Motorcycles a($73,795) Net Cost for (6) new 2013 Harley-Davidson Motorcycles ;$40,276 As noted in the table above, the difference in the trade-in value of the 2011 bikes and the cost to acquire the new bikes is$40,276. The additional funds needed to acquire the new bikes are available in the Sheriffs Office/Administrative Reserve. STRATEGIC PLAN ALIGNMENT: Effective County Management Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution approving the exchange, authorize staff to proceed and process all documents required to complete the transaction and adopt the ordinances for related budget amendments 2013-60 and 13-179. (The budget amendments are for accounting purposes only.) ATTACHMENTS: Board of Commissioners Meeting 05/06/2013 6-0 Harley-Davidson Quote Wild Child Grafix Quote Public Notice BA 2013-60 BA 13-179 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCHANGE OF SIX(6)HARLEY-DAVIDSON MOTORCYCLES WHEREAS, New Hanover County Sheriff's Office proposes to exchange six (6) used 2011 Harley- Davidson motorcycles with Vehicle Identification Numbers as detailed below; and 1 HD 1 FMM 19BB669113 1 HD 1 FMM l OBB66993 7 1 HD 1 FMM l OBB670179 1HD1FMM11BB669283 1HD1FMM11BB670563 1 HD 1 FMM 1 XBB 63 0496 WHEREAS, Carolina Coast Harley-Davidson has offered a trade-in allowance of$73,795 for the six(6) used 2011 Harley-Davidson motorcycles; and WHEREAS,the total sales price for the (6)new motorcycles is $114,071 leaving the County a balance of $40,276 to acquire the (6)new 2013 motorcycles which covers the purchase and installation of additional equipment, set up and delivery,transfer of existing equipment and lettering for each new motorcycle; and WHEREAS, funds for the additional equipment and other expenses are available in the Sheriff's Office/Administrative Reserve account; and WHEREAS, budget amendments have been prepared to provide for the proper accounting of the transactions, increasing revenues and expenses by seventy-three thousand seven hundred ninety-five dollars($73,795)respectively; and WHEREAS, pursuant to General Statutes 160A-271, the Board of County Commissioners is authorized to approve this exchange. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that approval is granted for the exchange of the County's six (6) used 2011 Harley-Davidson motorcycles for six (6) new 2013 Harley-Davidson motorcycles. Approval is given for the payment of$40,276 for the purchase and installation of additional equipment, set up and delivery, transfer of existing equipment between the old and new motorcycles, lettering each new bike; and the related budget amendments are approved and County staff is directed to process any required documents to complete the transaction. ADOPTED this 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 6- 1 - 1 r � _S - t x, { } t — t. r 1 F II. tt t I G- r t} , t t «t r t t t a s t t. f I_. , — — t t J t x t } { — a , t t t r 1 -F t ,,,rrllll.l t t s f t S !c < C s l F —— t t � f I ,h } , } yy f r _ S / f r - � ) t t - { r t 't t i 1 k , s , 1 Y r t , f } , r 3 ) I t ; 1 r t } , } } � � r t r � � � r � f f f � t C6 x � 4 tte, a _Y s Y ? ttt k,111`II"1,44 ,�i�i"'�1111111�44�tt1�,��,� , ,--- Apriml 23, 2013 Toni Shields New Hanover County Sheriffs Office 3950 Juvenile Center 1d. Castle Hayne,NC 28429 Trade Proposal of 5 Motorcycles,, $15,559.00 2013 FLHTP Black with Gold Pinstripe ABS $ 96 8.0 0 Price of New Equipment $ 650.00 Install of New Equipment $ 380.00 Set Tip and Delivery $ 1,000.00 Transfer of existing ui n e t Total $18,557.00 $18,557.00 Complete cost $13,559.00 Trade in value 2011 FLHTP $ 4,998.00 Total for each new 2013 FLHTP Taal x 5 _ 24t90 Trade Proposal for I Damaged Motorcycle: $15.7559.00 2013 FLHTP Black with Gold e Pinstri �! p ABS 968.00 Price of New Equipment 65 0.0 0 Install of New Equipment , $ 380.00 Set Up and Delivery $ 13000.00 Transfer of existing equipment Total $189557.00 S18,557.00 Complete cost 000.00 Trade in value 2011 FLHTP $12,557.00 Total for one new 2013 FLHTP $ 231429,00 Damaged Equipment Replacement Total x 1 $14,986-00 Total for 6 2013 FLHTP=,S39,976.00 Richard Noye Owner Board of Commissioners Meeting 05/06/2013 ... xiunu,x..e..cxua Rnv�� wnmosse:.,r.-,w�.r«.m:'ks�'Hd49tTf{°' uv�seum ev�sev�, www,u,wvm�w.� vxxncn�xi}W°�!PM P,r.,nrtmraltA,4M4M ,. Estimmate #3380 09/21/2012 Prepared by. Prepared for: Wild Child Grafix NOW Hanover County Shertffs office Salespemw: Chds Pdnce 3126 KItly Hawk Rd Site I Wilmington N.C. 28405 Phone.,910-762-5335 ®762-5532 Phonw. Fax: Description. Qmnft Dworlpson Each Amount Tox 6 Leftening Hadeft $50.00 $21.013 Reflecdve Gold,Printed Laminated TOTALS Subtoal: $3DO.()() Sales Tax: $21.00 5 Totallp $321.00 Terms, Board of Commissioners Meeting 05/06/2013 6-3- 1 PUBLIC NOTICE Notice is hereby given that in accordance with G.S. 160A-271, New Hanover County's Board of Commissioners intends to authorize the exchange of six(6) used 2011 Harley Davidson motorcycles for six (6) new 2013 Harley Davidson motorcycles with Carolina Coast Harley Davidson/Buell at its regularly scheduled meeting to be held on Monday, May 6, 2013. This item was originally scheduled for the meeting held on Monday,April 8, 2013; however, it was rescheduled for the Monday, May 6, 2013 meeting. The total trade-in allowance offered by Carolina Coast Harley Davidson/Buell for the six motorcycles has been revised to $73,795 due to one damaged bike. The total sales price for the new bikes will be$114,071. The difference in the trade-in value of the 2011 bikes and the cost to acquire the new bikes is$40,276 which includes the purchase and installation of additional equipment, set up and delivery,transfer of existing equipment, and lettering for each new motorcycle. Published: Thursday, April, 25, 2013 Board of Commissioners Meeting 05/06/2013 6-4- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 60 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-60 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency/quality of key business processes Fund: Department: Sheriff's Office/Uniform Patrol Expenditure: Decrease Increase Federal Forfeited Property: Capital Outlay/Motor Vehicle $60,236 Total $0 $60,236 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $60,236 Total $0 $60,236 Section 2: Explanation To record the exchange of five(5)used 2011 Harley-Davidson motorcycles for five(5)new 2013 Harley- Davidson motorcycles. 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 2013-60,amending the annual budget ordinance for the fiscal year ending June 30, 2013,is adopted. Adopted,this 6th day of May, 2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 6-5- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 179 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-179 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency/quality of key business processes Fund: Department: Sheriff's Office/Uniform Patrol and Finance Expenditure: Decrease Increase Sheriff s Office/Uniform Patrol: Capital Outlay/Motor Vehicle $13,559 Total $0 $13,559 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Sale of Fixed Assets $13,559 Total $0 $13,559 Section 2: Explanation To record the exchange of one(1)used 2011 Harley-Davidson motorcycle for one(1)new 2013 Harley- Davidson motorcycle. 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 13-179,amending the annual budget ordinance for the fiscal year ending June 30, 2013,is adopted. Adopted,this 6th day of May, 2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 6-6- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 7 DEPARTMENT: Budget PRESENTER(S): Cam Griffin,Budget Director CONTACT(S):Cam Griffin,Budget Director SUBJECT: Approval of New Hanover County Board of Education Capital Outlay Budget Amendment#7 BRIEF SUMMARY: On April 9, 2013,the New Hanover County Board of Education approved Capital Outlay Budget Amendment #7. The Budget Amendment appropriates $441,267 in Fund Balance for capital projects and $157,350 in E-Rate revenue for Novell to AD Migration-Phase II. New Hanover County Board of Education fund balance is local funding and must be approved by the New Hanover County Board of Commissioners. Capital Outlay Budget Amendment#7 appropriates fund balance for the following Schools capital projects: $100,000- Track Replacement at High Schools $1141458 -Furniture and Equipment: student furniture and rug for Murrayville $ 381509-Custodial Equipment: floor scrubber and wet/dry vac $188,300-Vehicles: replacement for Activity Bus, Child Nutrition truck and 2 maintenance vehicles E-Rate Revenue is available to help schools with automation and will be used for AD Migration - Phase II, which changes the Schools' system that manages log-ins for various computer systems. Board of Education staff estimates they will have $21,400,000 in General Fund Balance at the end of FY12- 13 and plans to appropriate $3,922,000 to balance their FY 13-14 budget. This will leave them with estimated unreserved fund balance of$17,478,000 July 1,2013 (8%of their operating budget). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve New Hanover County Board of Education Budget Amendment#7 ATTACHMENTS: Board of Education Budget Amendment#7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Board of Commissioners Meeting 05/06/2013 7-0 Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 7-0 New Hanover County Board of Education Caplhl Outlay Fund Budget Amendment 97 Be it resolved by the New Hanover County Board of Educafion thal the folicAMIng amendments be made to the Budget Resolution for the fiscal year ending June 30,2013,on the 9th day of April,2013: lolls -Mwomm ExpencMures by PurposwFundW.- Increave/Pecrease) Regular InsWcffon $ 114j458,00 Capbf cutlay 100,000.00 Technology Support 157g35O.00 Opereflonal Support 226j809.00 Unbudgeted(Contingemey) w VEEEEEEWR%� 598,617.00 Revenue by Source: Now Hanover County DPI School Bus Rmnue PSBCF-Lottery Revenue QSCB Revenue E-RATE Revenue 157,350.00 Bond Rwanue Fund Balance Appropdated 441IJ267.00 $ Explaneflon: To wt up b udgW for so me o f th e 2 013-14 Capital ftle C&to be fun ded Wh fund balan ce aW E-Rafe. ToW Appmpriation in Current Budget %4381423,42 Amount of Increwei(Decrem)of above Amendment 598v617.00 Total Appropiiatiion in Current Amended Budget 11; 71M,42 OMNI Passed by majority vote of the Board of Educatlon of New r Hanove County on Ihe -AHL day of 20j_;5 Ch Board i�pvcatkn 40001, Board of Education Board of Commissioners Meeting 05/06/2013 7- 1 - 1 .0% CaPital Outlay Fund Cummukffiffi Budg0t bY FUnding SDUMQ and Proffid ■ Fundin,g Sourcd Pro et# Pftwom Project Dacription Cum OudW Arnendmmt 97 wed Budget NewHawwrCounly: 6401.38 813 Whims Pr*d 750*000.00 750,000.00 PS13CF-Laftry Revenue: 9095.12 076 Holl�Tree&Myle Grove WX Ccnhok 220,000.00 220j000.00 9049.12 076 ftk3 Wkidow Repla-mment 170o954-34 170,954.34 SD55.12 076 Hcggard Ro&Rgpkmffjent 43t5li.73 43,511.73 9M.12 076 Codington Roof Replacement 982.OD 982.W 9057.12 076 Eaton Red Replawmnt 7o282.W 7.02ozoo 9059.12 076 BradIley Crook Flayground EqWpmerd (0.00) (0.00) SM.12 076 Abastos Abatement 180,978-76 160A78.76 9063.12 076 VeWaft Park Fre"ncy Drfm %6P.50 141OD7.60 9M.12 076 emdley Creek Qupet Replawmnt 149,835-12 1149j835,112 9M.13 076 Roland-Grise PH Abaterned 70,000.00 70,000.00 9071.13 076 AWOUN14 Impmerrenj 120,000.00 120700D.00 SD72.13 076 Fire Alarm Panel Repjacemqnt 36,546-00 361M.00 9073.13 076 camona Bawch Rwf 131,15ZOO 1314152.00 OD74.13 076 licggaM 14VAr,Syswrn upgrade 973jS00.D0 97315W.00 gD75.12 076 Sk and Drdrw3ge lMpqmmgnj 137jW.00 137,827.00 W9.13 076 VY111stm Aud L�hlrg QsE00.00 4915M.00 9080.13 076 Roof Replacwwl-varbus SbS 32,695.Do 32,695.00 01.13 076 HoWard Gym DDory 30,000.00 3010DO.00 9082.13 076 Rciland-GAse Paht 16510M.00 165,000-00 90ffi.13 076 Roland-Gdee WAC 1 DDmOOD.00 100,000.00 Virgo Audilorium Abatement and fib and MM-13 076 mtnq replacment 79jODD.00 79,000.00 9M.11 076 HVAC Upgrades-11/12 Prcjeob 22,540.W 22,54D.00 9095-12 076 HVAC Upgrades-12113 projqch 5SD9597.90 6MI597.90 9109.13 076 Noble PI HVAc Replacmgnt 8341 642.DO 83464200 DIPI fthwil SUB ft"nue: 41jIlIsI511.35 IF 6550 120 SMod Bus Leases(DPI) Z07MA10 2,076r265.00 QSCB Rmnue: 9107 334 WdghtsbDro Renovatbris 128,15323 128,15323 9109 334 Noble WAC Romment 706,704.13 10 834j857.36 7061704-13 E-RATE Rmnue: 04,057.36 6401.36 640 Eady Colege Laptop Replwarnent 49,996.96 6401.37 640 Tech-MounUng ProjeckaMile Boards - 1. 640 Novd tD AD Migr*lon-Phm 11 1167p350-00 1574350.00 6401-60 640 ®i Labs at vadm sdwols 300,000-OD 3DD,000.00 Fund Balance AppmprllaW 349999&98 i57gM.OD 607s34826 8500 801 Capital Oudq Cmfingency 17,048.83 1171 04&83 9065 810 Roland Odu UST Rerwval-09/10 Projeci 3jDW.10 31000.10 9078 810 Laney Fleld Hmme Renmfims Ij677-87 IjU7.87 6550 Bill Vehicles 5110 812 Fumiture and Eqdpmmi-11 6401-38 812 Wlmlew ProjW 71j9N.74 71,909.74 GNO 8112 Custodial Equipment Z30BAB 2,308.88 6550 812 Vehick3s 86,458.00 66,458.00 9095 812 HVAC System Evaladons 20,44o.02 20,440.02 5110 813 Fumiture and Equipment s 1 47,590.82 47,590.82 6401.39 8113 iswc Bear Nc(ebooks 49,213-14 49,213.14 64011.0 813 Worluftion Upgrades 5311 DD.00 53,100,00 Board of Commissioners Meeting 05/06/2013 7- 1 -2 Capital Outlay Fund Cumm ladve Budget Summary: Current Budget Amendment 97 RevbW Budget on difura by Papas aftn cdon: Regular In-strucWn $ 47,590.82 $ 114,458.00 S 18 ,048.82 apiital OUVOY 5,358,168.94 1001000.00 0}4881808.94 Technology Support 1 x5101774. 157x350.00 1,774,124.84 rational Support 21368j039.99 �,809.00 ,594,848.98 Unbudgeted(Gon agency) 17'048.83 17404813 $ 10,438,423.42 $ R 8,5+17.00 $ 11,037,040,42 Revenue by Some: New Hanover County $ 750,000.00 $ 7500000.Oa DPI Sohod Bus Revenue 2,075,265.00 21075,285,00 PSBCF-Loftery Revenue 4p111 j154.35 4,11"1,154.35 QSGB Revenue 8541857.38 834,857.38 E-FATE Revenue 2213217,08 157,3 .00 378,567.88 Bond Revenue 2783580.73 278,886.73 Fund Balance Appropriated 211 68,042.10 441 k .00 21507:300.10 103438,423,42 598,617.00 $ 119037,040.42 Board of Commissioners Meeting 05/06/2013 7- 1 -3 Capital Outlay Fund Gummulio&v Budget by Funding Sourm and Pm]W 0., Funding Source/ Projed 0 PTOram Project Current BT!11!! Amandmntff Revind Budget 6401.41 813 Mount Nectm t v—aMHR adboob 2Vag.00 222,269.oD Noble Cabling Pn4ect(Transfer fiorn 6401.42 SU 27,600.00 279600.00 6401-60 813 Mobl%Labs at VadousachooLs 9Z694.00 62P694.00 WO 813 Cusbftl Equipmem 26,043.62 26,043.62 6660 813 Vehicles 169,50D.00 1691500.00 9076 813 Loney Field Ham Rwwwrams. W064,00 846,ou.00 9077 813 Tfack Repirs at fth ftools 2118,6D0,0D 218,500.00 9007 813 Mosley THe Repbwmnt 49j7DD.00 49,700.00 9107 813 SnIpes HVAC Pmjed 3Z153.00 32m153,00 9116 814 Track Repiawmenjs WoOD0.00 1000000,00 5110 614 Furniture arid Equipment 114,458.00 114A58.00 6540 814 CU90dW Equipment 385D9.00 38,509.00 65M 814 Vehides 1 , 880300-00 1 88j300.00 Bond1j Revenue: 2j837p261.02 44W,00 Z476M 51110 820 ln*ucWnel Furniture&Equiprrent - 6540 820 Custodial Equipment 6580 820 Mainten nt 6,216.04 6,216.04 1,248A5 1,248A5 85M 8N SmW CDnorgency 9107 W Nghlsbom Rewveflons 411016.49 41,016A9 9012 820 Holly Shelter Midcle 18,377.OD 16,377.00 9017 820 Sn�w Repbcwnent 7a274.88 71274.88 9M BM Pmgrarn Management 146p835.56 146,835zs 9044 820 Nlu 71040.DD 71 040.00 9045 8X Anderson Roar Replawmenj 12,98D.00 124980-OD OD48 820 Raiand GrISB Inbwrn Replecerrenj 24,007.84 2400U.84 9M 820 Hcggard Cafeteda HvAC RepIgc9ment I p250.00 Is250.0D 9052 820 Adffdn Building Roof Ftepiwoment 31009.70 3AW.70 9W5 BE Hoagard Roof Replawmnt EMEMEWWMEEMEN�10,833.77 10,833.77 27BA69,73 270A89.73 $ S --P-'-wm--I-Ij037j040A2 Board of Commissioners Meeting 05/06/2013 7- 1 -4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 CONSENT ITEM: 8 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. 13-201 - Sheriffs Office 13-203 - Senior Resource Center 13-207- Social Services 13-210- Environmental Management 13-213 - Engineering 2013-65 -Health Department 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: BA 13-201 BA 13-203 BA 13-207 BA 13-210 BA 13-213 BA 2013-65 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. Board of Commissioners Meeting 05/06/2013 8-0 COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 8-0 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 201 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 13-201 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: General Department: Sheriff's Office Expenditure: Decrease Increase Sheriff s Office $1,500 Total $0 $1,500 Revenue: Decrease Increase Sheriffs Office $1,500 Total $0 $1,500 Section 2: Explanation To budget a grant award of$1,500 from the Good Shepherd Fund, a local organization promoting the G.R.E.A.T. (Gang Resistance Education and Training)program. The grant funds will be used to purchase supplies for the participants in the Safe Summer Camp.This program gives children the life skills necessary to avoid involvement with drugs,gangs and violence.No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-201,amending the annual budget ordinance for the fiscal year ending June 30, 2013,is adopted. Adopted,this 6th day of May, 2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8- 1 - 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 203 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 13-203 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): Provide health/wellness education,programs,and services Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Senior Resource Center $149237 $0 Total $149237 $0 Revenue: Decrease Increase Senior Resource Center $149237 $0 Total $149237 $0 Section 2: Explanation This Budget Amendment will reduce expenditures and revenues for the Senior Resource Center. The reductions are due to Federal Sequester of Funding through June 30,2013 for Home and Community Care Block Grant(HCCBG)Funds. The$14,237 cuts could be absorbed through reduction in operating supplies and savings related to position turnover.No new clients are being served until the impact of the cuts can be assessed.Also,no new transportation clients are being added unless there is a dire situation(dialysis).Notice of the next phase of reductions(July through September)is expected shortly. The FYI 3-14 budget will be adjusted when the notice is received. 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 13-203,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8-2- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 207 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 13-207 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): Provide health/wellness education,programs,and services Fund: General Department: Social Services Expenditure: Decrease Increase Social Services $979917 Total $0 $97,917 Revenue: Decrease Increase Social Services $979917 Total $0 $97,917 Section 2: Explanation New Hanover County Department of Social Services has received approval from the Federal Administration for Children and Families to use$97,917 of Title IV-D incentive payments to implement a Fatherhood Support Program. The program will work with non-custodial fathers to increase child support payments through the improvement of father/child visitations and relationships and enhancing fathers'employability. This program requires no new County funding,and will continue to operate so long as incentive funds are available from the Federal Government. This program was approved by the Board of County Commissioners at their meeting on April 8,2013. 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 13-207,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8-3- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 210 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-210 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development Strategic Objective(s): Innovate programs to protect the environment Fund: Environmental Management Department: Recycling Expenditure: Decrease Increase Recycling $69225 Total $0 $69225 Revenue: Decrease Increase Recycling $69225 Total $0 $69225 Section 2: Explanation The NC Department of Environmental Health and Natural Resources has awarded a grant to Environmental Management in the amount of$6,225 to establish a collection program for mercury containing products, such as,CFL bulbs,ballasts,thermometers,and thermostats. This program will reduce health risks and diseases,and increase safety and security of the community.No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-210,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8-4- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 213 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-213 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development Strategic Objective(s): Build/maintain infrastructure Fund: General Fund Department: Engineering Expenditure: Decrease Increase Engineering $250,500 Contingencies $250,500 Total $2509500 $250,500 Section 2: Explanation Funds are needed to process final change orders for the completion of Phase I of the Cobb Annex Repairs. Phase I includes investigation,review and design of repair for the sample area related to the Restorative Masonry Veneer Project on the New Hanover County Judicial Building,known as Cobb Annex. These additional funds are for unforeseen conditions related to additional material testing,on site construction observation,project documentation and increased scope of work. This will complete Phase I of the Cobb Annex Repairs. It is anticipated this phase of the project will be completed August 1,2013 and cost $717,500.Prior to actions taken at this Board of County Commissioners meeting,the Contingencies balance is $305,389. 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 13-213,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8-5- 1 AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 65 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-65 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): Provide health/wellness education,programs,and services Fund: Health Department Renovations Department: Health Expenditure: Decrease Increase Capital Project Expense $409000 Total $0 $40,000 Revenue: Decrease Increase Cape Fear Memorial Foundation Grant $409000 Total $0 $40,000 Section 2: Explanation The Cape Fear Memorial Foundation has awarded a grant to the Health Department in the amount of $40,000 to pay a portion of the$256,000 that is estimated for furniture and equipment for the newly renovated facility located in what was formerly known as Southeastern Mental Health Services.No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 2013-65,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 05/06/2013 8-6- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 REGULAR ITEM: 9 DEPARTMENT: County Manager PRESENTER(S): Kate Murphy,Public Information Officer, CoastalCare CONTACT(S):Chris Coudriet, County Manager SUBJECT: Consideration of Mental Health Month Proclamation BRIEF SUMMARY: CoastalCare is the local government agency that provides access and oversight of services for Mental Health, Intellectual/Developmental Disabilities and Substance Use. They serve five counties: Brunswick, Carteret, New Hanover, Onslow and Pender. Their main location is here in New Hanover County where they have about 150 employees. For "May is Mental Health Month" CoastalCare has partnered with several different agencies to provide awareness activities and events throughout our community. Information about these events is attached. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Mental Health Month Proclamation Mental Health Month Activities COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 9-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY IS MENTAL HEALTH MONTH PROCLAMATION WHEREAS, mental health is essential to everyone's overall physical health and emotional well-being; and WHEREAS, mental illness will strike one in four Americans in a given year regardless of age, gender, race, ethnicity,religion or economic status; and WHEREAS, people who have mental illness do recover and lead full, productive lives, but the stigma surrounding mental illness can prevent people from seeking the medical attention they need; and WHEREAS, all Americans, including combat veterans and hurricane victims, are vulnerable to chronic mental health problems associated with trauma and can benefit greatly from early identification and treatment; and WHEREAS, forty percent of those with mental illness have been arrested one or more times, and one in three of those experiencing homelessness also suffer from severe mental illness; and WHEREAS, an estimated two-thirds of adults and young people who have mental health disorders are not receiving the help they need and nearly 30,000 American lives are lost each year to suicide and mental illness; and WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to American businesses, governments and families has grown to over$100 billion annually; and WHEREAS, community-based services that respond to the needs of the individual and family are cost- effective and beneficial; and WHEREAS, Mental Health Month is observed every May nationwide by advocacy organizations to raise awareness and understanding of issues related to mental health and to eliminate the stigma associated with seeking mental health services. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2013 be recognized as "Mental Health Month" in New Hanover County. The Board calls upon citizens, government agencies, public and private institutions, businesses, and schools in New Hanover County to recommit to increasing awareness and understanding of mental illness and the need for accessible services for all people who suffer from mental disorders. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 9- 1 - 1 — r - i �s ~ - { - t r t I IN 4 AMERICANS EKPERIENCE A MENTAL HEALTH DISORDER MENTAL HEALTH DISORDERS STRIKE REGARDLESS OF AGE GENDER,RACE,ETHNICITY, RELIGION OR ECONOMIC STATUS 30,000 LIVES ARE LOST EACH YEAR TO SUICIDE AND MENTAL HEALTH DISORDERS $100 BILLION SPENT ANNUALLY ON MENTAL HEALTH SERVICES ....... PEOPLE��,- LEAD FULL,PRODUCTIVE LIVES 91,it THERE ARE MANY "PATHWAYS TO WELLNESS ELIMINATE THE STIGMAIN I 3 r Mill RAISE Brought to you by CoastaiCare and the ENESSIm dmisAhimilmly r e { Resource KA CoastalCare z§1 MAIT"'sy, CELEBRATE 5141, }I) !J MR ? aG -- - - _� WELLNESSI. P, r r - AS' 4 _ a- _ _ i r �i t u o 0 o sion s eeting IN"I MR ? n WOR �MEN 011 Facebook IL.OR FIND AN EVENT NEAR Pathways to Celebrate ,r r E� t a F t e s st r i tti s st r Shipyard 10:00 a.m. to ss and Resource Fair CoastalCare 1:00 P.M. (visit with local providers and advocates!) Shipyard 10:30 a.m. May is Mental Health Month Poster Contest �{ - CoastalCare -�� t Winner at 3809 Shipyard Wellness and Resource Fair t 5s f Saturday, yHI 9:00 a•m• NAM I�North Carolina Walk for Awareness � HI�Dorthea Dix Cam pus Raleigh, NC Saturday, May 4 7 :00 a.m. t De-Cluttering rti on&Rummage Sale disAbility Resource Center a (host a table for or donate items to the i Drive, t disAbility Resource Center) { Proclamation is Mental Health t r County Government Building t f at County Commissioner Meeting 805 S.Walker Street, Burgaw Proclamation{ is t t t t Administration r { 6:00 a a { at County Commissioner Meeting wick, rt r t and New Hanover t t 63 Stamp t Rd., Bolivia t ` 302 Courthouse Square, rt t t { 24 N. 3rd t Wilmington Proclamation is Mental Health t s low County Administration t at County Commissioner Meeting Building { t { s Y J acksonville Tuesday, May 7 { { 6:3 0 p.m. Proclamation is Mental Health t it Hall at City Council ti r t.,Wilmington Tuesday, May 7{ a • as Proclamation of May is Mental Health t City Hall at City Council ti ri t.,Jacksonville Movie Thursday, May 9 7:00 p.m. r i Theatre "Canvas" 111 Cinema r.,Wilmington Monday, May 13 TBD Presentation: " i " r or s t Proclamation is Mental Health t City Hall at Town Council ti r t., Morehead City Tuesday, May 14 7:00 p.m. Lecture: st r Shipyard i i t Thursday, May 16 7:00 a Movie Frank's Theatre Soloist" ri rs a tt Saturday, May 18 , 8:00 a.m. Crystal Coast Run/Walk for Autism Beaufort Waterfront Sunday, May 19 r? 12:00 p.m. to s r s and Awareness Mayfaire Town Center a (Visit our booth for community resources!) s r ti y,Wilmington Monday, May 20 7:00 p.m. Lecture: st r t r t Jacksonville Movie Tuesday, May 21 7:00 p.m. rt r t County) "Out " Wednesday, May 22 8:00 a.m. Advocacy Day and Popcorn Legislative i i 300 N. Salisbury t., Raleigh, NC Wednesday, May 29 7:00 p.m. Presentation: Voice" (Carteret Frilday, May 31 10:00 a.m. to Softball Game and BBQ Fort Benjamin Park t t Newport For more information on specific events,times and locations, visit www.CoastaiCareNC.org or call CoastalCare toll-free at 1-855-250-1539 Board of Commissioners Meeting 05/06/2013 9-2-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6,2013 REGULAR ITEM: 10 DEPARTMENT: County Manager PRESENTER(S): Amy Mangus,Women of Achievement Chair, YWCA Lower Cape Fear CONTACT(S): Chris Coudriet,County Manager SUBJECT: Consideration of Women of Achievement Month Proclamation BRIEF SUMMARY: The YWCA will be honoring 67 dynamic women and young leaders at the 29th Annual Women of Achievement Awards. The annual event will be held at the Wilmington Convention Center on May 9, 2013. These awards provide recognition of outstanding contributions and achievements of women and high school seniors active in Brunswick, Columbus, New Hanover and Pender counties. Women will be honored in the following categories: Arts, Business, Communications, Education, Environmental, Health and Wellness, Public Service,Volunteerism and the Rachel Freeman Unsung Hero Award. The following representatives from YWCA Lower Cape Fear will be present to accept the proclamation: Amy Mangus,Women of Achievement Chair YWCA Board Members and Women of Achievement Committee Members STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Women of Achievement Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 10-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WOMEN OF ACHIEVEMENT MONTH PROCLAMATION WHEREAS,women are prominent business owners and officials in our community; and WHEREAS, women hold executive positions and provide leadership to achieve success for businesses and organizations; and WHEREAS, women are primary caregivers to family members in addition to their roles in the public sector; and WHEREAS, many of these women's accomplishments have benefited our area's business, educational, service, cultural, and volunteer endeavors; and WHEREAS,women's achievements have brought positive change and collectively reward us all with an improved quality of life; and WHEREAS, in recognition of these accomplishments the 29th Annual YWCA Cape Fear Women of Achievement Awards will be held at the Wilmington Convention Center on May 9, 2013. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2013 be recognized as "Women of Achievement Month" in New Hanover County. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 10- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): George Edwards,Executive Director,Historic Wilmington Foundation CONTACT(S):Chris Coudriet, County Manager SUBJECT: Consideration of Preservation Month Proclamation BRIEF SUMMARY: The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring National Preservation Month in May 2013. This year's theme is "See! Save! Celebrate!" STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Preservation Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 11 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "See! Save! Celebrate!" is the theme for National Preservation Month 2013, cosponsored by Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2013 be recognized as "Preservation Month" in New Hanover County and that the people of New Hanover County are called upon to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/06/2013 11 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 REGULAR ITEM: 12 DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner and Chris O'Keefe, Planning&Inspections Director(PB Rep: David Weaver) CONTACT(S): Sam Burgess, Senior Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning&Inspections Director SUBJECT: Public Hearing Special Use Permit Request (S-614, 04/13) - Request by Thomas H. Johnson, Jr. on Behalf of Owner, Tung Lam Buddhist Temple,Inc., to Obtain a Special Use Permit for SCI Towers LLC to Construct a 165-Foot Monopole Telecommunications Tower at 6115 Gordon Road BRIEF SUMMARY: Request by Thomas H. Johnson,Jr. on behalf of owner, Tung Lam Buddhist Temple, Inc.,to obtain a special use permit for SCI Towers LLC to construct a 165-foot monopole telecommunications tower. The property is located within an R-15, Residential District at 6115 Gordon Road. The site is classified as Urban according to the 2006 CAMA Land Use Plan. At their April 4, 2013 meeting, the Planning Board voted 6-0 to recommend approval of the special use permit with conditions. Two nearby residents spoke in opposition to the special use permit.No one spoke in favor of it. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use,economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Grant the Special Use Permit(with or without recommended conditions made by the Planning Board) 2. Grant the Special Use Permit and add conditions to the Special Use; or 3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more criteria. Staff s Recommended Motion: Grant the Special Use Permit with the following conditions: 1) The fall zone be adjusted to mitigate concerns with the church playground located nearby. 2) A map be included with the proposal displaying five future co-locators. ATTACHMENTS: Board of Commissioners Meeting 05/06/2013 12-0 S-614 Script S-614 Staff Summary S-614 Petition Summary S-614 Adjacent Property Owners Map S-614 Adjacent Property Owners List S-614 Zoning-Aerial Map S-614 Site Plans S-614 Application Package S-614 Tax Map S-614 Tower Fall Zone Letter S-614 Vantage Pictures S-614 Collocation Letter S-614 Sign S-614 FAA Form 7460 S-614 Access Easement Email COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0 with staff recommendations 1 and 2. Board of Commissioners Meeting 05/06/2013 12-0 SCRIPT FOR SPECIAL USE PERMIT S-614, 04/13 Request by Thomas H. Johnson, Jr. on behalf of owner, Tung Lam Buddhist Temple, Inc., to obtain a special use permit for SCI Towers LLC to construct a 165 foot monopole Telecommunications tower. The property located within an R-15, Residential District at 6115 Gordon Road. The site is classified as Urban according to the 2006 CAMA Land Use Plan. The subject property is located within the Wilmington/New Hanover County Comprehensive Greenway Plan. 1. Inform the applicant and opponents that they will be allowed a total of 20 minutes for each side, with 15 minutes each for presentations, and 5 minutes each for rebuttals/cross examinations. 2. Conduct Hearing, as follows: 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. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 4. Vote on the special use permit. In Motion to grant the permit-All findings are positive. EDMotion to grant, subject to conditions specified below: (State Conditions) InMotion to Deny because, if completed as proposed, the development more probably than not: 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: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 05/06/2013 12- 1 - 1 SPECIAL USE PERMIT S-614, 04/13: Request to construct a 165' monopole telecommunications tower in a Residential, R-15 Zoning District Request By: Thomas H. Johnson,Jr. on behalf of the owner,Tung Lam Buddhist Temple Location: 6115 Gordon Road (Parcel ID RO 4300-003-048-000) Planning Board Action The Planning Board voted 6-0 to recommend approval of the requested special use permit with three (3) conditions. Recommended conditions are included below in the Summary. Two nearby residents spoke in opposition with concerns including alleged health issues resulting from telecommunication towers, reduction of property values, and general dislike of living in close proximity to a monopole tower. Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 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. The subject property is located in the New Hanover County Fire Service District, north area. B. The site is not located within a flood hazard area. C. Access to the site will be from Gordon Road via a 20' access & utility easement. D. The parcel includes an existing church just west of the proposed facility that is located outside of the proposed fall zone as shown on the engineer sealed site plan. E. Between 1-40 and Market Street Gordon Road carries an average of 22,817 vehicle trip per day. Level of Service (LOS) on the road segment is F. meaning that traffic counts exceed the design capacity of the roadway. Trip generation is eight (8) vehicles at peak hours in the a.m. and p.m. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health. S-614, (04/13) Page 1 Board of Commissioners Meeting 05/06/2013 12-2- 1 Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The applicant is proposing to construct a 165' monopole style wireless communications tower east of an existing church in a heavily wooded area. The facility will contain an eight (8) foot security fence around the 100x100 perimeter. B. The proposed setbacks exceed the minimum requirements of 165' from any presidential property line or zoning district as outlined in Section 63.5-1(A). C. The Federal Aviation Administration conducted an aeronautical study under the provisions of 49 U.S.C. Section 44718 and Title 14 of the Code of Federal Regulations, part 77. The study revealed that the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. Within five (5) days of completion of construction the applicant is required to submit the FAA Form 7460-2, Notice of Actual Construction or Alteration to the FAA. D. Applicant provided a map and a report showing the search ring for an inventory of all structures investigated for collocation. No structures existed that could be utilized for the proposed tower. The proposed 165' tower will provide locations for at least six additional future users. E. David Herring signed a written affidavit dated March 6, 2013, outlining his 18 years of experience within the tower industry and certifying the construction or placement of the tower meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy of 1969, FCC Rules and other applicable federal, state, and local laws. The affidavit further certifies that the radio frequency emissions from any antenna array(s) on the tower and any associated facilities will comply with FCC standards, individually and cumulatively. F. A sealed landscape plan has been provided by the applicant in accordance with Section 63.5-1(C) of the Zoning Ordinance. Existing vegetation will remain to meet landscaping requirements. G. Parking is available for service technicians in both the access easement and the church parking lot. H. The applicant provided an engineer sealed site plan which illustrates a fall zone not to exceed 122' as required per Section 63.5-1(B)(1). I. The applicants provided simulated photographic evidence of the proposed appearance of the tower from four vantage points in accordance with Section 63.5-1(B)(2). Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. S-614, (04/13) Page 2 Board of Commissioners Meeting 05/06/2013 12-2-2 Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location and character of the use according to the site and landscape plans will be in harmony with the area. The site will only be cleared to accommodate the construction of the facility. 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. Finding 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 CAMA Plan Update shows the land classification as Urban. The purpose of the Urban classification is to provide for the continued intensive development and redevelopment of existing urban areas. B. The subject property is zoned R-15 Residential. Special Use Permits are required for telecommunication tower proposals. Staff Suggestion: The evidence in the record at this time supports a finding that the location and character of the use if developed according to the plan as submitted will be in harmony with the area and in general conformity with the plan of development for New Hanover County. Summary The proposed telecommunications tower if built as proposed will meet the requirements of Section 63.5-1 and 69.17. Staff finds that evidence presented is positive for each of the required findings of fact. And, the Planning Board recommended approval with the following conditions: 1) Prior to the Board of County Commissioner's meeting on May 6, 2013, the applicant meet with church officials from the Tung Lam Buddhist Temple to determine whether access to the tower site may be gained through the church parking lot instead of the proposed 20' access easement from Gordon Road. The elimination of the access easement will reduce a potential traffic conflict point with Gordon Road and Patsy Lane. 2) The "fall zone" will be adjusted to mitigate concerns with the church playground located nearby. 3) AT&T will be the first designated locator on the tower. A map will be required displaying the five future locators. S-614, (04/13) Page 3 Board of Commissioners Meeting 05/06/2013 12-2-3 Since the April 4t" Planning Board meeting the petitioner met with Tung Lam Buddhist Temple and was able to secure access through the Temple's parking lot; therefore, staff has removed condition 1 from our recommendation. Note: A Special Use Permit is aquasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Grant the Special Use Permit (with or without recommended conditions made by the Planning Board) 2. Grant the Special Use Permit and add conditions to the Special Use; or 3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more criteria. Staffs Recommended Motion: Grant the Special Use Permit with the following conditions: 1) The fall zone be adjusted to mitigate concerns with the church playground located nearby. 2) A map be included with the proposal displaying five future co-locators. S-614, (04/13) Page 4 Board of Commissioners Meeting 05/06/2013 12-2-4 Case S-614, (04/13) Special Use Permit to Erect a Cell Tower in a R-15 Residential Zoning District Petition Summary Data Parcel Location &Acreage: 6115 Gordon Road, 7.51 acres (10,000 square feet to be used) Owner/Petitioner: Thomas H.Johnson,Jr. on behalf of Tung Lam Buddhist Temple, Inc. for SCI Towers, LLC Existing Land Use: Church Zoning History: Area 8B (July 7, 1972) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Smith Creek Park Access &Traffic Volume: Average Daily Trips(ADT) near the 6700 block of Gordon Road reveals a count of 22,817 Fire District: New Hanover County North Watershed &Water Quality Classification: Smith Creek C;SW 303(d) Aquifer Recharge Area: Primary Recharge Area (blend of Castle Hayne & Pee Dee Aquifers) Conservation/Historic/ Archaeological Resources: None Soils: Seagate and Johnston Septic Suitability: Marginal to Poor Schools: N/A S-614, 04/13 Page 1 Board of Commissioners Meeting 05/06/2013 12-3- 1 Z -#--; ;--_ = 0 ot (CID 03 A(w 0 -0 Cl _. 0 ® 0 0 LE 0 , , ' �--�' �u C3 0 �--w INN' CO 0 C) I—® Q7 a)lll� ED-0-li 4-14 LO . � 4"" QD ' °� �y 03_ ry 1>1 0 �— ' k(U JOL:5 < (1) to 0 0 ED for A 0 ED 0 Om cq l 00 c%l 00 CO 4 CO L, ° . 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' k • � ° C3 CD 00 04 ^ k 4 h- LO cp 40. ly- tei C CD CV3 CD yeel 04 � . ci co NO Ol CD r NO 05 Q T— Lin r r k 43 JD r CD co 4849A3 r Board of Commissioners Meeting 05/06/2013 Label Property Owner Receiving Notification Label Property Owner Receiving Notification Label Property Owner Receiving Notification 1 ATKINSON CHRISTAL L 47 HOLBROOK HILLARY ANNE 93 VOLLRATH KENNETH ROBERT 2 BATTI ANDREA P 48 HOWARD DONALD E HELEN J 94 WARD DAVID F ELIZABETH L 3 BOWERS GEORGE L SYLVIA A 49 HUDSON WILLIAM E VILA M 95 WARD FRANKLIN 0 CAROL P 4 BOX EDMUND K JOANNE E SMITH 50 HUGHES JANE G 96 WARD FRANKLIN 0 CAROL P 5 BROOKS KEVIN J CRYSTAL K 51 HUGHES JOHN BETH BANGLEY 97 WARD JACK T JR JEAN C 6 CADLE MATTHEW D CASSANDRA BARYK 52 KAYLOR JEMMALEE ALICE 98 WASHINGTON CURTIS LEROY JR 7 CASSELLI JOHN E 53 KENNEDY JOSEPH C 99 WELAN JUSTIN MICHAEL 8 CAUSEY JOYCE H MICHAEL B 54 KESLER JASON L 100 WELLS IRENE J 9 CCH INVESTMENTS LLC 55 KING BRIAN A 101 WICH BRIAN A 10 CCH INVESTMENTS LLC 56 KIRTLEY NATHAN R 102 WILBERGER DEBRA S ETAL 11 CHILDERS BRENDA PARKER 57 LANGLEY JOHN C 103 WORRELL WILLIAM G DONNAS 12 CIFFO KENNETH J SHELLY L 58 LITTLE KIM 104 WORRELL WILLIAM G DONNAS 13 CLAYTER AMY S ETAL 59 LOVELL JOSHUA CALEB 14 COLLINS WILLIAM B 60 LUTTERLOAH CHRISTOPHER THEO 15 COUNCIL ALBERT M 61 MARGUCCIO DAVID J 16 CROWDER BRUCE L MARTHA K 62 MARTIN TAMI S 17 DALY THOMAS JAMES 63 MARTINEZJOSSELIINJ IS DAVIS CHARLENE 64 MCABEE COLENE E 19 DE ONTBRUN JEANNE 65 M ELE ERICA J SCOTT T 20 DI BONA SHARON MARIE 66 MOON SANDRA C 21 DOWD MARY 67 NAGLIC BRYAN P 22 DREW JAMES S SANDRA M 68 NISI VINCENT H JR SHARON P 23 DREW JAMES STEPHEN 69 ONEIL GORDON L LIVING TRUST 24 DUNCAN JEFFREY M ALLISON K 70 PEREIRA JAIME JUAN 25 FAULK PATRICIA 71 PERRIGO GREGORY G TAMI L 26 FITZPATRICK MARK D 72 PETERSON NORMAN C JUDYTH D V 27 FLAMING JACOB TAYLOR MEG ANNE 73 PHILLIPS RALPH A JR MARIE ETAL 28 FOUNTAIN TERESA G 74 POWERS KEITH CAROL 29 FRANKE ROBIN E MARIA MONICA 75 PRATI JOHN J LINDA 30 FRIZZIELLE LEA J 76 RACKLEY RAMONA A 31 GARRISS JONATHAN R YANAN YI 77 REYES JOSUE E ERIN D 2 GAUSS ROBERT GARRETT 78 RICHARDS PHILLIP WAYNE ETAL 33 GAY ALAN LEON VELDA JEAN 79 RODRIGUEZ DOROTHEA SUMMERS 34 GREGORY TIMOTHY W SUSAN E 80 ROEDER ELIZABETH A 35 HALL ODIS EUNICE SUE 81 SAILIT LLC 36 HANNAN ROBERT C 82 SANCHEZ AGELIO G H ILARIA S 37 HANSLEY WILBERT ANNIE 83 SCHERY RICHARD A EILEEN F 38 HANSLEY WILBERT ANNIE 84 SCHROYER CANDY 39 HARDISON BUILDING INC 85 SECRETARY OF VETERANS AFFAIRS 40 HARDISON BUILDING INC 86 SIBBALDJOAN D 41 HATCHER AMANDA LEA 87 SILL BARBARA S 42 HAYNES GERALDINE Y 88 STEELSE RONALD SARAH WOOD 43 HEATH ROBERT DARRELL 89 STEPHENS MARGIE S ETAL 44 HERRING DOROTHY J 90 STEPHENS TRAVIS E MARGIE 45 HERRING DOROTHY JO SMITH 91 STRICKLAND CHARLES DENISE 46 HODGE JEREMY S 92 TAFT TREVIA T Board of Commissioners Meeting 05/06/2013 12-5-1 ® -c) 0 LW 0- ED ;--_ , = U) C) - . o,�n11';I",,",,,-1 1;",",....�,..,�.�,I,Q,,,,, a:cm;x V441),1 10r:2 3 1 p 0 La) _._E(Qc 0 j Q-.'c1i 1:- 4-L0 0q-11-_A 0 cC3: 40 c 0- 1Z0 c6 p q 0 W(r 0 -- Q 4- 0 1111",,1.,. 2 0 1 °a` ' -�-4 Au �' CO 0 C) 1-® . � � �', " ��°I V L_ 10, m. 0) 0 !- ' k� ,e _j v~LO' -�-- ' 4- to 0 , 0 0 0 }s`('It�._. j1I, }I}r 4f s 7sr`, - - '�»k. - `t {\\ ti{i',InF§,i,�{ 1111 1.}=i,1" ,! \(, ti{sti ti ty 1' i - 'sy r »,ty 11 i t t , P t a t, I � i 1 , r it I ! 1-,\ t fit, , ,,} , ` r v„ „ „t S, 1 y y„�S,}r r,t 1;11"1" s„,•t v„ , '1,;}i. 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UJ ¢a r k ta, a LLI uj LL uj La 5 Ci �t C L -JI 1i L a J 3q ; J 3 yy Ln k—UY lsa 3 3+ab F�(1 ' r IJ 4),u. � r yr � �- T,C,� _ c « = c:, v a _ '7 z W^5 (^° - ",K Y - i- t_JC CL uj C 1�.j s G 9 f f -00- t c, UJ Li c� y e , ' k` 4 Li l �U. ��' s �<:, ` ,!' try y.. sue#h C T11 LO dry, 113 ,✓.f 01'(°"1. CY.. 1 ,3�/. E., t f fCe f f 7/ CIA 1 i 4 f •+vim J CD All 52 N—C C ir,.1W :5 y;.'k /` r,„.,,,r f' .�y .�.¢.l,�,y'L / Cf pr -` Po'L al. yd, Y / r ```•+,. °`°'.-R, f `i�^ f{f f .,�1 C/1 w PR'',� rt r F����w�EASE. 1�, t" PO '�. �``:,ti ^} J ~-'� ,d� ".C: La.. � 0 1 RL'`SSj F ".,_ .5�1,,..'( `r-Sad `.'. Y,L7 tC " J t i�1 C tail. 4 _m LLJ ^ e < _ Lei # .� uj" f , 3 r 1z'Q5 l,7 c UA UJ t f, Board of Commissioners Meeting 05/06/2013 12-7-3 &m i.' 230 Government Center Drive X NEW HANOVER COUNTY suite 110 M phone J� PLANNING & INSPECTIONS Wilmington,NC 28403 DEPARTMENT 910-798-7053 fax SPECIAL USE PE"ff m -t. ■ 711,, 9 dd .. Name OwnwName Address Thczae H. Johnson, jr, Beq for Tung Lam Buddhist Templeir Inc, 6115 Gordon Road SCI Towerisp LLC R04300-003-048-000 Address Address Arm 4241 Parlake Ave., Suite 200 6115-Gordon Road 10,000 square feet city,SM89 ZIP City,State,Zip Existing Zoning and Use Rale-Igh, NC 27612 - c Wilmington,, NC R-15 location Phone none Proposed Use 919-653-7807 910-200-7136 Teleccmmn Email and ClawMeation SUBMISSION �,,,ilt Density PLEASE READ SEC]IONS 70 and 71 of the Zoning Ordinance prior to submission.For high density residential projects, application . Applications please also refer to the High Committee prior to submission for consideration by the Plam'ng Board. . Permits qui are re ired for uses more or less accessory to a residential-use . . provide required,a fee of$150.00'is required.All other Special Use Permits require a fee of$400.00.This fee,payable to New Hanover County,MUST accompany this petition. 1. No application will be aempted unlem accompan*ed by a plan of the proposed use and lot drawn to wale to be used as evi&nce m" support of the required findings of fact(outlined on page 2 of this application),,if submitting . vnill be asked for an additional plan.plans larger than I I x 17,please(13)copies of your site plan if your proposal moves forward to the County Commissioners. Also,please'include one(1)redwed copy of the site Digital submission may be substituted when accurate scaling can be assured. Narrative The following supplemental information ol requh-W. I One copy of current tax imp 3 Adjacent property owners and uses 4 Traffic Impact Analysis(if applicable) 5 Site Plan(Ref.Site Plan Checklist)and migned.site plan checklist 6 Authority for . . appointnent of agent form(Ihe owner or an attorney must handle the case) 7 Applicant answers to the questions on the application Note: Applicants should refer to Article 6&7 of the Zoning Ordiance for additional requk" ements for specific uses.The Planning&Zonin&Planning Board,and/or Board of County Cominiissioners reserve the right to require additional information if needed to assure that the use win its proposed location will be harmonious with the area and M' accordance with the Zoning Ordinance of the County of New Hanover, Page I of 4 Board of Commissioners Meeting 05/06/2013 12-8- 1 EU TURM Applications for Special Use Pmm'ts(other then for single family dwellings on individual lots)are fu-st referred to the New Hanover County Pluming Board for recommendation to the County Cominlissioners.The Cornnuissioners make final action on the permit application"in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by Planning&Zonmig,twenty(20)worldng dop before the Muning Board meeting to allow adequate time for proces i and advertisement as required by the North sing Carolina General Statutes. Plan mig Board meetings are held on the fust Thursday of each month at 5*63OPM'in the Commissionces,Assembly Room at the Old County Courthouse,at Third and Princess Streets,Wilmington,North Carolina. Applications for single-family dwellings,'Including mobile homes,on individual lots must be accepted by Plann m" g&Zoning twenty(20)working days before the regularly scheduled Commissioners meeting.Applications for single-family dwellings on individual lots do not require plantimig board review. V1, a 3DELA Ou Must E— ish For A S2!dRl Use Pemdt Authority to grant a Special Use Pm-mitis contained'in the Zoning Ordinance,pursuant to section 7 1.The Zoning Ordinance a oses,the following General Requirements on the use requested by the applicant Under each requirement,the applicant shoW IMP explalin,with reference to attached plans,where applicable,how the proposed use satisfies these requirements.-(Attach additiona. ■ pages if necessary) General Requirement#1 The Board must find"that the use will not materially endanger the public health or safety'if located where proposed and developed according to the plan as submiued and approved."' See prior appilLcation Geneml Requirement#2 The Board must find"that the use meets all required conditions and speciticatiot&'of the Zoning Ordinance"". See prior applicatlLon Page 2 of 4 SUP(4/10% Board of Commissioners Meeting 05/06/2013 12-8-2 General Requirement#3 The Board must find`�ffiat the use will not substantiallylinjure the value of adjoini 0 ng or abutfing ptoperty or ftt the iuse is a public necessity. See prior application General ReqWrement#4 The Board must find'Vmt 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 i's to be located and*in general confornuity with the plan of development for New Hanover County." See prior application Page 3 of 4 SUP(4/1 V, Board of Commissioners Meeting 05/06/2013 12-8-3 SWE PLAN CHECKLIST Check each item to confu=that j"s included.App Ucadon wig not be deemed complete without addresdng each ftem. 21 Tract boundaries and total a=,plus location of adjoining land parcels and roadways. Existing 11 zoning of the tract and neighboring parcels and proposed tract zoming. R*0 Proposed use of land,structures and other improvements.For residential uses,this shall*include number,height and type of units an, site plan outlining area to be occupied by each structure and/or subdivided lot boundaries.For non-residential uses,this shall incluck ■ approximate square footage and height of each stnxture,,an audine of the area it will occupy and the specific purpose fbr which it will be used. Development schedule including proposed phasmig. *e Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract,proposed right-of-way dedication, plans for access to and from the tract,location,width and right-of-way for internal streets and location,arrangement and access ■ ■ provision for parking&=s. All existing and proposed casements,reservations,required setbacks,rights-of-way,buffaing and signage. The one hundred(100)year floodplain]We,If applicable Location and sizing of trees requiired to be protected under Section 67 of the Zowing Ordinance, Any additional conditions and requfternents,which represent greater restrictions on development and use of the trwt than the corresponding General Use District regulations,which am the mininum requirements for Special Use Permit,or other limitations 01 land which may be regulated by State law or Local Ordinance. Any other information that wfll facilitate review of the proposed change(See Article V11). The Zoning Ordinancei some instances also imposes additional speci a fic requirements on the use requested by the applicant.The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found I Section 72,additional restrictions imposed on certain special uses(as applicable).He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County.The Board of Commissioners may impose additional conditions and restr1ictions that they deem appropriate I um prior to the liss i g of the Special Use Permit.I certify that tWs application is complete and that A of the Information presented'in thi's application Iis accumte to the best of my knowledge,information,and belief. Thcaas ■ Johnson, Jr. 'S�iatufop6do-n Nor Property Owner Prm* t Name Page 4 of 4 SUP(411 V, Board of Commissioners Meeting 05/06/2013 12-8-4 Authority for Appointment of Agent Please note that for quasi-judicial proceedings, either the land owner or an attorney must represent the case at 'Its public hearing The undersigned owner Tung Lam Buddhist Temple, Inc does hereby appoint Thomas H Johnsonr Jr. (Print or Type) (Print or Type) —as his/her/its exclusive agent for the purpose of petitioning Ncw Hanover County for a variance, special use permit,conditional use disti-ict,and/or an appeal of staff decisions applicable to the property described in the attached petition. 1. To submit a proper petition and the required supplemental materials. 1 2.To appeal at public meetings to give representation and commitments on behalf of the,owner. 3. To act on the owner's behalf without limitatio I i ns wth regard to any and all things directly or indirectly connected with or arising out of any petition for an amendment applicable to the Now Hanover County Zoning Ordinance under Article XT therein. This agency agreement shall continue in effect until written hotice of revocation by the owner is delivered to New Hanover County. This the day of AN 4jgA .92 Agent's Name,Address, Ernail &Telephone Signature of Owner(s) (Print or Type) 13t4 Thomas H. Johnson, Jr. tAd-d Nexsen Pruet, PLLC 4141 Parklake Avenue, Suite 200 Raleigh, NC 27612 (919)755-1800 AAA 04/10 Board of Commissioners Meeting 05/06/2013 12-8-5 THE MACDONALD LAW FIRMy PLLC ATTORNEYS AT LAW 1508 MILITARY CUTOFF ROAD,)SUITE 102 WILMINGTONt NORTH CAROLINA9 28403 TELEPHONE 910-256.*6558 FAX 910-2564538 JAMES A.MuDONALD CLIFFORD N.MacDONALD April 4,2013 To WHOM IT MAY CONCERN: This 10s to advise that I have acted as attorney for Tung Lam Buddhist Temple M* regard to the Authority for Appointment of Agent for Thomas H.Johnson,Jr.,,,to act on behalf of the in V Temple connection with a z matter with New Hanover County. 011149 I have reviewed the Authority for Appointment of Agent with Hiep T. Nguyen,who represents the Buddhist Temple,,and he fully understands the document and the authority bemag given to Thomas H. Johnson to act on behalf of the Buddhist Temple. Sincerely yours', The MacDonald Law Firm, PLLC.,01111 gJ es,A.MacDonald J"-Jrm Board of Commissioners Meeting 05/06/2013 12-8-6 SCI Gordon Road 6115 Gordon Road Project Narrative This Application is a Special Use Permit for the construction of a 165' monopole communications tower and related facilities on a 10,000 square foot site on the parcel owned by Tung Lam Buddhist Temple, Inc. located 0 at 6115 Gordon Road, Wilmington, NC 28411. The property is zoned R-15. Telecommunication towers are a a special use in the R-15 district. The site has an existing church building and related facilities. The location of the tower 'I's adjacent to the church building located within the portion of the property that is heavily wooded. The site will be cleared only to the extent necessary for construction of the tower and related facilities. Access will be via Gordon Road, a public right of way. The nearest residence is located 317 feet to the east and is separated by 260 feet of mature existing vegetation. The tower will be setback 200 feet to the east, 372 feet from the northeast, 367 feet from the northwest and 228 feet from the southwest. All of which equal or exceed the required setbacks to the property line and residentially zoned property requirements. Therefore, there are no waivers we are requesting. The tower site will be surrounded by an 8 foot security fence. S'nice this site 'I's heavily wooded, the existing vegetation will remain to meet the landscape requirements of the a zoning ordinance. As evidenced by the enclosed statement, the applicant looked for possible existing sites within it's required service area. Within this service area there are no existing towers or structures to pro ide the necessary vi service. This tower will be designed to accommodate six users. We are proposing a monopole structure am order to accommodate as many future wireless users as possible 'in order to limit the need for additional towers to serve this service area. Unforhmately, a flagpole style tower will limit the number of carriers that can utilize this type of tower. Because the antennas are enclosed the number of antennas are limited, each carrier would need to take two different levels of the tower. This would effectively turn a tower that was designed for six carriers into a three-carr*er structure. Another tower would be ceded in the immediate vicinity to accommodate additional users. As evidenced by the enclosed affidavit, the tower will meet all provisions of the Telecommunications Act of 1996; FCC Rules Sections 1.1311 1.1312 1.1307 and all other applicable federal, state and local laws. Board of Commissioners Meeting 05/06/2013 12-8-7 Tntft Impad W=bbed r I' V MW —"win PW)=RUM (SC k f. i 4"eilf-w/,AA murnm zoxm ----------------------- NE"M W�M- PA OPOM PA VJ MY Avwp DAy TIMM pw)..#2 L16'1 M MANUAL TRAMC GEORATION RSTMAM-o IN Vem: US AND VAPJMLES w VI ft"*&mud OWN 8=ft T MI -- I r, ww b*Aqft I Y., Board of Commissioners Meeting 05/06/2013 12-8-8 Property Record,s Owner Address Parcel ID Advanced Profile PARIDow R04300-003-048-000 TUNG LAM BUDDHIST TEMPLE INC 6115 GORDON RD FiDC- Sales er 1-of 1 Aials Residential Return"to"Sea'rch Results Commercial ............. Misc.Improvements Y0 071N Permilts W!,j n `gg I tpg, At Land Values \c.. � I s" 1 - n�i Agricultural Sketch Full Legal �, _ , �`,,, Exemptions Sub-parce](s)Info i m", F Original Parcel Info 1* Parcel Map ,,\3St.t` a.,..,ts -.1 ..��1+�91 l`,t� .t µt,f 1 `,,, �+,,n.�iir ! t. ,fj)J, �r11 1 r��'1Ar,#4( , }',- 3' ,r 1„".,I�1,e, r�", �4f r��'111+''i=v. - `\ — t 3tJS�,«„ a",'rs��� te.1 _ Last GIS Data Update:2-May-2012 Data Copyright New Hanover County[Disclaimer] [Privacy Policy] Last Updated: 17 Mar 2013 Site Design Copyright ® Tyler Techniogies.All rights reserved. Board of Commissioners Meeting 05/06/2013 12-9- 1 WAYPOINT: ENGINEERING P'LL,C 1970 CHANDALAR OFFICE PARK, SUITE 20 PELHAM', AL 35124 205-378-9618 New Hanover County Planning and Inspections-Planning &Zoning Attn: Mr. Sam B:urgess 230 Government Center Drive, Suite 110 Wilmington, NC 28403 R ew Cl Towers LLC-Gordon Road project-6115 Gordon Road, Wilmington, NC 28411 Tower fall radius Dear Mr. Burgess, Please be advised that the proposed 165' monopole communications tower for the above referenced project will be designed, in the unlikely event of a failure, to collapse within a specific,fall zone not to exceed 122'from the base of the proposed tower location. This fall zone is shown on the site plan submitted to New Hanover County. Thank and feel free to call me with any questions at 205-378-9618. POINT ENGINEERING PILLC 0 E gs"11/0 Russell C Morrism, North Carolina PE#233615 SEAL 23365 Co 0 C., IN C. 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A map of the search ring for the required area is attached for your reference. SCI's did not reveal any existing within . . , Therelbre, it is necessary for SCI to build a new tower at the Proposed Site in order to meet enage objectives. Sincerely, David M Herring { . . .� \ i Board Df Commissioners Meeting 05/06/2013 ]2- ]2- ] :,, ii r r,< ,r<•.-8 ,'�^,,. 3<, „»,:- �^�-_ S,.-, t,}�7 ,, „t, w ut �`"x Y�u,,e, iSS=,, .,�. €, }i t,., >� »rl�.\SYY „ r r.. , ,.„,._u, , :f 9 , ��tyt1, ;� ,, 4,r,€ �•>, Im, l m. ; tt�,,,, iSr .�,t; ,: m,i, :�•� m:'},r»�{ ,�}a ".:�-__-,�,F �r , "t v..:. I t,r.�. "Z, E. fir,, rt r :,, fb.•.is.-. -_ .�� ,t..-.,.r :.,=i k �„r.., �,}'� • , 1,� �� 3 � - }t 1 d",- #tm �,t f}s»S,ii,,, , ;f s � ,. ,.:.,x ,,,_. . , ,,_..., ,.:,�' er , -�, ,,. r.i y, -� ,s I�___ a,•„ { •`" ,v ',..,i+WU,,, Ytyt�Y+mtc r, „j�, t,..,4,rr ..,. ( 1 .„...- , x », , � 5k� r , .:_ ,,, -'jll t,trf - : ,� w ,m,• a, ea«�,l& ,•s, 'w S ”, c ,�..- -, :it ( .."ltl,,. 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Aeronautical V1 I Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth,TX 76137 Issued 4 „ Date: Lee Chapman SCI Towers 8000 South US Highway One Suite 402 Port St b Lucie,FL 34952 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION The Federal Aviation . aeronautical . ., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, , . . Wilmington, Latitude.- Longitude: 77-50-48.70W Heights.- 40 feet site elevation(SE) 199 feet above ground level (AGL) 239 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a . navigation provided . condition(s),'if any,i's(are) . . . . Notice Construction . } on,be completed and retumed to this office any time the project is abandoned . prior.At least 10 days construction Within construction its greatest height(7460-2,Part II) To coordinate frequency activation and verify that no 'is caused to FAA facilities, . beginni'ng any transmission from the site you must contact Roger. . . . Based on this evaluation,marking and lighting are not necessary for aviation safety.However,if marking/ lighting are accomplished on a voluntary basis,we recommend 'it be 'Installed and maintained 'in accordance with FAA Advisory circular f 2. unless:This determination expires on 11/15/2013 extended,(a) office. construction(b) the is subject licensing. authority Communications Commission. (FCC) and an .application construction permit . . . B issioners Meeting 05/06/2013 12- 14- 1 5 6 months of the date of this deterrm"nation.In such case,the determination expires on the date prescribed by the FCC for completion of construction,or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based,'in part,on the foregoing description which includes specific coordinates .heights, . ' a frequency(les)and power Any changes in coordinates ,heights,and frequencies or use of greater power will void this determination.Any future construction or alteration ,including increase to heights,power,or the addition of other transmitters,requires separate notice to the FAA. This determination doesinclude temporary construction equipment such as cranes,dem*cks,etc.,which may be used during actual construction of the structure.However,this equipment shall not exceed the overall heights as a indicated above.Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibili ties relating to any law,ordinancel,or regulation of any Federal,State,or local government body. Any failure or malfunction that lasts more than thirty (30)minutes andaffects,a top light or flashing obstruction light.,regardless of its position,should be reported immediately to (877)4,87-6867 so a Notice to Airmen (NOTAM) can be issued.As soon as the normal operation is restored,notify the same number. A copy of this deterIllination will be forwarded to the Federal Communications Comim'ssion(FCC)because the structure is subject to their licensing authority. If we can be of furdl.er assistance,please contact our office at(847)294-7575.On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2012-ASO-3542-OE. S* ature Control No: 162626791-164697534 (DNE) Ign Vivian Vilaro Specialist Attachment(s) Frequency Data cc.- FCC Page 2 of 3 Board of Commissioners Meeting 05/06/2013 12- 14-2 Frequency Data for ASN 2012-ASO-3542-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 w 806 824 MHz 500 w 824 849 MHz 500 w 851 866 MHz 500 w 869 894 MHz 500 w 896 901 MHz 500 w 901 902 MHz 7 w 930 931 MHz 3500 w 931 932 MHz 3500 w 932 932.5 MHz 17 dBW 935 w MHz 1000 w 940 941 MHz 3500 w 1850 1910 MHz 1640 w 1930 1990 MHz 1640 w 2305 2310 MHz 2000 w 2345 2360 MHz 2000 w Page 3 of 3 Board of Commissioners Meeting 05/06/2013 12- 14-3 Williams-Rowland, Jackie From: Burgess, Sam Sent: Wednesday, April 24, 2013 12:32 PM To: O'Keefe, Chris Cc: Williams-Rowland,Jackie Subject: FW: Gordon Road Tower Revised Plans [IWOV-NPRALl.FID47068] Importance: High FYI -this agreement would satisfy one of the P13 conditions from their April 4 meeting. Sam Burgess I Senior Planner Planning i Planning i I New Hanover County Government r Drive, Suite Wilmington, NC 28403 (910) 798-7441 p 1 (910) 798-7053 f From: Johnson, Thomas H. Jr. [ : . ] Sent: Thursday, April 18, 2013 10:37 AM To: Dave Herring; Burgess, Sam Subject: RE: Gordon Road Tower Revised Plans [IWOV-NPRALI.FID47068] Importance: High Dave did secure agreement to access the tower through the existing parking lot. The location of the access easement is approximate until SCI towers identifies the exact location with the owner and ® However,the tower will use the existing church driveway and will not have a new driveway off of Gordon Road. These revised plans should address all issues from the Planning Board hearing. If you need anything else, please let me or Dave know. Tom From: Dave Herring [mailto-.Dav SCItowers.coml Sent: Thursday, April 18, 2013 10:29 AM To: Sam Burgess Cc: Johnson, Thomas H. Jr. Subject: Gordon Road Tower Revised Plans Sam, Please find attached site and landscape plans with changes as requested by the planning board. If you could please also confirm if you received my email a few weeks back with the modifications to the application, narrative, and Traffic impact statement. i Board of Commissioners Meeting 05/06/2013 12- 15- 1 Dove Dave Hem'ng SCI TOWERS, LLC. 8000 South US Highway One Suite 402 Port St. Lucie, FL 34952 T 888.318.2803 ext. 701 F 888.549.3889 M 321.848.2930 *** CONFIDENTIAL COMMUNICATION The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient' you are hereby notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. 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Board of Commissioners Meeting 05/06/2013 12- 15-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 REGULAR ITEM: 13 DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner and Chris O'Keefe, Planning&Inspections Director(PB Rep: David Weaver) CONTACT(S): Sam Burgess, Senior Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning&Inspections Director SUBJECT: Public Hearing Rezoning Request (Z-923M, 04/13) - Request by Walter Pete Avery on Behalf of TCB Rocky Point, LLC to Modify an Approved CZD(B-1) Conditional Zoning District Neighborhood Business Containing 2.06 Acres of Land and Right-Of-Way Located at 2616,2620,and 2624 Castle Hayne Road BRIEF SUMMARY: On December 3, 2012, the New Hanover County Board of Commissioners approved a Conditional Zoning District B-1 site plan for this parcel. Since the approval, the petitioner has made discoveries requiring the plan to be amended in order to accommodate the Castle Hayne Road right of way which had been improperly surveyed on the original plan. The change in the site plan could not be approved administratively since it resulted in a significant reduction in the approved setback from adjacent properties. At their April 4, 2013 meeting,the Planning Board voted 6-0 to recommend approval. The site is classified as Transition according to the 2006 CAMA Land Use Plan. No one from the public spoke in opposition to the request. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use,economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Action Needed: 1) Motion to approve the petitioner's proposal as amended with conditions; 2) Motion to"table"the item in order to receive more information; or 3) Motion to deny the petitioner's request based on specific reasons Staff recommends approval of the petitioner's proposal as amended with the following conditions: 1. Limit hours of operation from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjacent residential property owners. 2. Specific land uses be limited to General Merchandise Stores and Miscellaneous Retail. 3. The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern Board of Commissioners Meeting 05/06/2013 13-0 corner of the property located at 2620 Castle Hayne Road. 4. Directional lighting installed to reduce light pollution on adjacent properties. 5. The creation of a five-foot easement fronting the property for a future sidewalk. 6. Approval of a septic tank permit through the County's Environmental Health Department. 7. The mitigation of trees located on-site in accordance with the zoning ordinance. ATTACHMENTS: Z-923M Script Z-923M Staff Summary Z-923M Petition Summary Z-923M Adjacent Property Owners Map Z-923M Zoning Map Z-923M Current Approved CZD Site Plan Z-923M Proposed Site Plan Z-923M Applicant Materials Z-923M Community Meeting Summary Z-923M Traffic Impact Worksheet Z-923M Variance Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0 with the conditions set forth by staff. Board of Commissioners Meeting 05/06/2013 13-0 Script for Rezoning (Z-923M)04/13 Request by Walter Pete Avery on behalf of TCB Rocky Point, LLC to modify an approved CZD(B-1) Conditional Zoning District (B-1) Business containing 2.06 acres of land and right of way located at 2616,2620, and 2624 Castle Hayne Road. The site is classified as Transition According to the 2006 CAMA Land Use Plan, The subject properties are located within the Wilmington/New Hanover County Comprehensive Greenway Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any supporters and any opponents of the rezoning will each be allowed 15 minutes total for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. If a rezoning is denied a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. Do you wish to proceed or do you wish to continue the matter? 6. Vote on rezoning. The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Examples of motions appear on the agenda item cover sheet. Board of Commissioners Meeting 05/06/2013 13- 1 - 1 CONDITIONAL ZONING DISTRICT REZONING REQUEST CASE: Z-923M,04/13 PETITIONER: Walter"Pete"Avery REQUEST: Modify Approved CZD(B-1) Conditional Zoning District, Neighborhood Business Site Plan ACREAGE: 2.06(includes land & right-of-way frontage) LOCATION: 2616, 2620, 2624 Castle Hayne Road LAND CLASS: Transition On December 3, 2012,the New Hanover County Board of Commissioners approved a Conditional Zoning District B-1 site plan for this parcel. Since the approval, the petitioner has made discoveries requiring the plan to be amended in order to accommodate the Castle Hayne Road right of way which had been improperly surveyed on the original plan. The change in the site plan could not be approved administratively since it resulted in a significant reduction in the approved setback from adjacent properties. Planning Board Action On April 4, 2013,the Planning Board voted 6-0 to recommend approval of the site plan modifications. No one at the meeting spoke in opposition. County Commissioner Board Action In regular session on December 3, 2012,the New Hanover County Board of Commissioners voted 5-0 to approve the petitioner's request to rezone approximately 2.12 acres of right-of-way and land at 2616, 2620, &2624 Castle Hayne Road from R-20 Residential to CZD (B-1) Conditional Zoning District Business for a Merchandise Store/Miscellaneous Retail. Conditions at that time included the following: 1) Limit hours of operation from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjacent residential property owners. 2) Specific land uses be limited to General Merchandise Stores and Miscellaneous Retail. 3) The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern corner of the property located at 2620 Castle Hayne Road. 4) Directional lighting installed to reduce light pollution on adjacent properties. 5) The creation of a five foot easement fronting the property for a future sidewalk. 6) Approval of a septic tank permit through the County's Environmental Health Department. 7) The mitigation of trees located on site in accordance with the zoning ordinance. Zoning History The subject properties (3) are located near the northeastern corner of the "T" intersection on North Kerr Avenue and Castle Hayne Road. These properties were an original part of a larger R-20 Zoning District dating back to July, 1974. Z-923M, (04/13) Pagel Board of Commissioners Meeting 05/06/2013 13-2- 1 Petitioner's Request The modified application seeks approval of a revised site plan for the two (2) subject properties (2616 & 2620 Castle Hayne Road). No change to the zoning is proposed or needed. After the Board of County Commissioners approval in December, 2012 to CD (B-1) and the companion site plan, two new discoveries were made when a new official survey of the property was completed. First, the survey revealed that the Castle Hayne Road right-of-way varied and actually was wider along the road frontage of the properties rezoned creating less of a property depth than originally realized. Second, there was a discovery in the original survey that the rear property line was incorrect culminating in a property depth decrease of 24.5 feet. This in effect created an eastward shift in the proposed site improvements and building location to compensate for the reduced depth. One problem the shift created was an encroachment of approximately 3-5 feet into the maximum rear yard setback. Attempts to eliminate that problem by making minor tweaks to the site plan were not fruitful due to the building's dimensional needs and requirements and avoiding additional design inconsistencies dictated by other zoning requirements. Because of the rear yard encroachments that could not be avoided, a variance was granted by the New Hanover County Board of Adjustment at their February 26, 2013 meeting (See letter approval). Summary of Site Plan Differences A. Property Lines - Southern Property Line: Length on Approved Plan ( see Exhibit F): 290.41' - Southern Property Line Length on Revised Plan (see Exhibit F.1): 271.24' - Northern Property Line Length on Approved Plan (see Exhibit F): 290.40' - Northern Property Line Length on Revised Plan (see Exhibit F.1): 260.13' B. Rear Yard Setback Encroachment of 3-5 feet on Revised Plan (Variance by Board Adjustment) Maximum Rear Yard Setback on Current Plan: 78.33' (based building height 21') Maximum Rear Yard Setback on Revised Plan: 61.54' (based on revised building height of 16.5') Staff Position This application is necessitated by Section 55.3 of the County's Zoning Ordinance on Conditional Zoning Districts. This section states that changes to setbacks on a previously approved site plan must be approved by the County Commissioners in much the same way a special use permit is reviewed. A related section in the Ordinance requires the same type of changes to follow the normal rezoning/zoning map amendment process. The petitioner held a public meeting to share the revised site plan with the community and no issues were identified at the meeting. Staff recommends the adjustments to the site plan with the conditions adopted by the Board of Commissioners (noted above)at the December 3, 2012 meeting. Action Needed • Motion to approve the petitioner's proposal as amended • Motion to "table"the item in order to receive more information • Motion to deny the petitioner's request based on specific reasons Staffs Recommended Motion: Z-923M, (04/13) Page 2 Board of Commissioners Meeting 05/06/2013 13-2-2 Approve the petitioner's proposal as amended with the following conditions. 1) Limit hours of operation from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjacent residential property owners. 2) Specific land uses be limited to General Merchandise Stores and Miscellaneous Retail. 3) The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern corner of the property located at 2620 Castle Hayne Road. 4) Directional lighting installed to reduce light pollution on adjacent properties. 5) The creation of a five foot easement fronting the property for a future sidewalk. 6) Approval of a septic tank permit through the County's Environmental Health Department. 7) The mitigation of trees located on site in accordance with the zoning ordinance. Z-923M, (04/13) Page 3 Board of Commissioners Meeting 05/06/2013 13-2-3 Case Z-923M, (04/13) Rezoning to Conditional Zoning District CZD (B-1) from R-20 Residential Petition Summary Data Parcel Location &Acreage: 2616, 2620& 2624 Castle Hayne Road, 2.06 acres Owner/Petitioner: Pete Avery on behalf of TCB Rocky Point, LLC Existing Land Use: Mostly Vacant Zoning History: Area 10A(July 1, 1974) Land Classification: Transition Water Type: Public Sewer Type: Private (septic tank) Recreation Area: Cape Fear Optimist Park(N. Kerr Avenue) Access &Traffic Volume: Average Daily Trips(ADT) near the intersection of Castle Hayne Road/North Kerr Avenue is 18,271 (March, 2013) Fire District: New Hanover County North Watershed &Water Quality Classification: Ness Creek(C;SW) Aquifer Recharge Area: Secondary(blend of Castle Hayne & Pee Dee Aquifers) Conservation/Historic/ Archaeological Resources: None Soils: Onslow Septic Suitability: Marginal Schools: N/A Z-923M, 04/13 Page 1 Board of Commissioners Meeting 05/06/2013 13-3- 1 C0 �+ .� C �'C:>O C) a. 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R �tY o_ L sY w.t-¢ �d Q 3 s � ;t I Board of Commissioners Meeting ---- -_ 05/06/2013 -._ --- - M'O_ I n1ey Building Corporation 3 807 Peachtree Avenue,, Suite 200 Wilmington,North Carolina 28403 Pliorie-910-395-6036 * Fax-910-395-6605 vvww.mckinleybui[ding.coni Transmittal Memo TO Sam Burgess and/or Nicole Drelbelbis New Hanover County Plannin De a ent FROM: Walter Pete Avery DATE: March 6,, 2012 R E Application for Zoning Map Amendment/Conditional Zoning District Zoning.: Request to Revise the Previously Approved Site Plan,, Original Case Number Z- 923,p 11/12. 1, the duly Appointed Agent for the owners of the properties located at 26.16, 2620 and 2624 Castle Hayne Road, am submitting the attached Conditional District Zoning Application and supporting documents for approval of minor revisions to the previously approved conditional zoning district's companion site plan. No change in the current B-1 CZD zoning designation is requested. Please note that although I included 2624 Castle Hayne Road in this application, which was included in originally approved rezoning request,. that property is technically not affected by the changes in the site plan being sought. Those are restricted to 2616+ and 2620 Castle Hayne Road. The following materials are provided-, Signed Zoning Map Amendment Application and Signed Acknowledgement of the Site Plan Checklist Check in the amount of$400.- Application Fee ATTACHMENT A - Listing of the Applicant Property Owners, Mailing Addresses, Tax Parcel ID Numbers and Physical Addresses ATTACHMENT A.1-Condensed Project/Application Narrative ATTACHMENT B- Responses to Questions 1 thru 4 from the Amendment Application • ATTACHMENT C—Revised/Updated Legal Description • EXHIBIT C.1 -Tax Map of the Properties • EXHIBIT C.2-Traffic Impact Worksheet EXHIBITs C-3.1 and C-3.2,, Updated Authority for Appointment of Agent Forms • EXHIBIT D - Affirmation and Witness of Community Meeting Scheduled for March 20, 2013 • EXHIBIT E - Notice of Community Meeting Letter (Will be mailed on March 10, 2013 • EXHIBIT E.1- Listing of Property Owners within 500 Feet of the Petitioned Property • EXHIBIT E.2 - Community Report,, A Summary (Will be provided before the Planning Board meetsin regular session in April.) Board of Commissioners Meeting 05/06/2013 13-8- 1 • EXHIBIT F - Approved Conditional Zoning District Site Plan; 13 Full-salzed Copies and one lIX17 • EXHIBIT F.I. Revised Site ® 13 Full-sized Copies and one lIX17 It is my understanding that the application will be considered at the Planning Board's first meeting in April. As you review the materials provided, please let me knowif any requireditem ■ • • is missing from or even worse, if any of the information is erroneous. I particularly would appreciate the courtesy of being able to make any corrections to flawed material if it exists before you send the Planning Board its agenda package. ■ Your assistance in this matter is appreciated. Cc. TCB Rocky Point,. LLC Rhames Board of Commissioners Meeting 05/06/2013 13-8-2 'tee m 23 0 Government Center Drive NEW HANOVER COUNTY Suite I 10 PLANNING & INSPECTIONS Wilmington,NC 28403 910-798-7165 phone 0 DEPARTMENT -7053 fax www.nhegov.com APPLICATION# z-923, 11/12-REVISIONS Petiti"oner Informaflon 13roperty Owner(s) Subject Property If different than Petitioner Name Walter Pete Avery Owner Name Address 2616,26200 2624 TCB ROCKY POINT, LLC CASTLE HAYNE ROAD COmPlInY Owners I Agent Owner Name 2 Parcel ID Address 3807 Peachtree Ave. Address Acreage/Square Feet Suite 200 SEE ATTACHMENT A ® 9 . State,Zip City,State,Zip Existing Zoning and Use WIlmington NC 28403 Wilm'Ington NC 28403 B-1 CZD Phone9l 0-395-6036 Phone Proposed Zoning and Use 910-395-6036 SAME Email Email .Land Classification Petitions pavery@mcki'nleybuild'ing.com same as pettioner Transition SUBMISSION REOUIREMENTS PLEASE READ ARTICLE XI OF THE ZONING ORDINANCE PRIOR TO SUBMISSION prior a Planner acres,more than five (5) a fee of$600.00 will be charged. This fee, payable to New Hanover County, MUST accompany this petition. 'Information ad m I. One copy of the New Hanover County Tax 9 which delineates the property requested for rezoning. PROVIDED 2. Legal description(by metes and bounds)of property requested for re i zon"19. PROVIDED 3. Copy of the subdivision map or recorded plat which delineates the property. PROVIDED 4. Applicant's answers to the questions on thi's application. PROVIDED � . a 5. Authority for appointment of agent form(if applicable) PROVIDED Wthin A.he pas 12 months (consult with 6. Verify that no zom*n a ion has taken place on any portion of the prope y ill e 7<14 staff) NOT APPL CABLE t<7r Ili5- 10 I/ f a 7. Any special requirements of le ordinance(For example, ection 53.5 for Planned Development District,Section 53.6 Exceptional Design Zoning District or Section 59.9 Riverfront Mixed Use District). SITE PLAN PROVIDED 8. Report on Community information meeting(see Section 111-2.1)if applicable. PROVIDED Petitions for change of zoning are first referred to the New Hanover Commissioners.the New Hanover County Board of Certain specialized districts (Riverfront Mixed Use, Planned submission.Development, and Exceptional Design Zoning District) may require review by the Technical Review Committee(TRQ prior to application Board of Commissioners Meeting 05/06/2013 13-8-3 Complete petitions and supplementary information must be reviewed and accepted by Planniing & Zomong twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 5.-30PY1 in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. If the Planning Board approves your petition, the request Will automatically be referred to the Board of County Commissioners.If your petition is demied, you may appeal to the Board of Commissioners.Planning&Zoning can advise you regarding appeal procedures.Please note there 'is a 12-month wait required beWeen subsequent rezoning requests on the same parcel or any part of it,(reference Section 111-3). The owner/applicant and or authorized agent should plan to attend all meetings at which this request will be heard. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals.The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. 717he governing board Iis required to adopt statements that the change 'is or is not consistent, reasonable, and 'in the public's miterest. Since aniendments to zoning maps should also be based on a Land Use Plan,you must explain how your request satisfies each of the following requirements: (Fill in below or attach additional pages). 1. How would the requested change be cons listent with the County's Policies for Growth and Development.? 10 rl"= I"'TACHMENT B "k E E 2. How would the requested zone change be consistent with the property's classification on the Land Class-lification Map? ,S E E H M E N T B 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land 8 involved unsu itable for the uses perm itted-Lmder the existing zoning? Nq�;al E E AT"TAC H M E T ke B Page 2 of 3 ZNIA-04/12 Board of Commissioners Meeting 05/06/2013 13-8-4 How i ® i public i ne Y O "f l Z V In sligniling thi's petition, I understand that the exiisting zoming map is presumed to be correct and that I have the burden of proving why a change i's 'in the publlic linterest. I further understand the sling1ling out of one parcel of land for special zoning treatment unrelated to County polliclies and the surroundiing neighborhood would probably be I'llegal. I certify that this apphicadion i's complete and that all linformadion presented in thils appllication i's accurate to the best of my knowledge,linformatilon,and belief. (NOTE: No change in zoning is requested. This application is submitted for a modific ion to the site plan only affecting property dimensions and setbacks.) odif on to the i WALTER PETE AVERY '0 Signature of Petitioner and7or 1�r�opty Owner Print Name Page 3 of 12 Board of Commissioners Meeting 05/06/2013 13-8-5 SITE PLAN CHECKLISTij'section 59.10-3] Check each item to confirm that 'I's *included.The application will not be deemed complete without all items being addressed. Tract boundaries and total area,plus location of adjoining land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land,structures and other improvements.For residential uses,this shall include number,height and type of units and site plan outlining area to be occupied by each structure and/or subdivided lot boundaries.For non- r 'dential uses,this shall include approximate square footage and height of each structure,,an outline of the area it will esi occupy and the specific purpose for which it will be used. Development schedule including proposed phas' Ing. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract,proposed right-of-way dedication,plans for access to and from the tract,location,width and right-of-way for internal streets and location, arrangement and access provision for parking areas. All existing and proposed easements,reservations.,required setbacks,rights-of-way,buffering and signage. The one hundred(100)year floodplain I mie,if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements,which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations,which are the minimum requirements in the Conditional Use District,or other limitations on land which may be regulated by State law or Local Ordiance. Any other information that will facilitate review of the proposed change(Ref.Article VH,as applicable). By my signature below,I certify that I have read Section 59.10 of the Zoning Ordm* ance.I understand and accept all of the conditions,limitations and obligations of the Conditional District zoning for which I am applying.I understand that the existing official zoning map is presumed to be correct.I understand that I have the burden of proving why this requested change i's in the public interest.I further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal.I certify that thi's applicationis coulpletle and that all information presented 'in this application i's accurate to the best of my knowledge, 'information,and b lief. rma 00! Signature of Fetitioner and/or?roperty Owner Frint Name BQ �rnrnissioners Meeting 05/12 05/06/2013 13-8-6 ATrACHMENT A Property Owners of Petitioned Property Owner Tax Parcel ID Property Address TCB Rocky Point, ILLC TAXID#R03311-004-020-000 2616 Castle Hayne Road 1121 Military Cut-off Road,Suite P TA:-,'.ID#R03311-004-019-000 2620 Castle Hayne road Wilmington NC 28405 Sylvia and Issac Rharnes TAXID#1103311-004-017-000 .21624 Castle Hayne Road 2124 Oleander Drive Wilmington NC 28403 Board of Commissioners Meeting 05/06/2013 13-8-7 ATTACH M ENT A-1 CONDENSED PROJECT/APPLICATION NARRATIVE The attached Conditional Zoning application seeks approval of a revised site plan for the properties located at 2616.. 2620 and 2624 Castle Hayne. No change to the zoning 'is proposed nor 'is it needed. (NOTE) The property at 2624 Castle Hayne Road is included because it was rezoned along with the other two properties. However,the changes to the site plan do not affect the 2624 Castle Hayne Road parcel. This application is necessitated by Section 59.10-(5)of the Zoning Ordinance. Summarizing, it essentially states that changes to setbacks on a previously approved site plan must be approved by the County Commissioners in much the same way a special use permit is reviewed. A related section requires the type of changes requested to follow the normal rezoning/zoning map amendment process. However, it is important to note that the subject site plan was approved under conditional district zoning, which unlike its counterpart conditional use zoning, does not require a companion special use permit. The Staff agrees this creates an un-needed conflict, mostly because it limits administrative discretion to approve minor setback changes and because it triggers a full-scale rezoning review serves no real purpose. Staff did inform me they were preparing a text amendment to deal with this matter. I too idered filing an amendment to address the problem but concluded it would be more appropriate consi for the Staff to do that. The current zoning,, B-1 CZD and the companion site plan, was approved by the County Commissioners in December 2012. At the time, the Owner's site plan was designed based on prior unofficial surveys conducted by others and known deeds describing the property. Fast forward to early February 2013 when it was discovered after a new official survey that the two properties identified as 2616 and 2620 Castle Hayne Road both had less depth (distance to rear property line from the road frontage property line). It was also discovered that the rear property line dimension on the origina.1 plan was 'incorrect, although the discrepancy was not has great as It was for the northern and southern property lines. Overall, the depth decreased by an average of 24.5 feet. This caused an eastward shift in the proposed s ite improvements and building location to compensate for the reduced depth. One problem the shift created was an encroachment of between 3 and 5 feet into the maximum rear yard setback. Honest attempts to eliminate that problem by making minor adjustments to the site plan were not fruitful, due mostly to the building's dimensional needs and requirements, not being able to avoid creating additional design Inconsistencies dictated by other zoning requirements (such as street yard widths), and not being able to modify drive aisle widths because only slight geometric changes would cause extreme difficulty if not make it impossible for the large trucks (typically 18-wheelers) that frequently deliver the products and merchandise needed by the end user. Technically, the rear yard setback encroachments that resulted could only be approved by the Issuance of a variance from the Board of Adjustment.Thus, a hearing was held on that specific point on February 26,? 2013 and the Board voted to grant the variance as requested. At the time this summary was prepared, a written order granting the variance had not been formally issued. SUMMARY OF SITE PLAN DIFFERENCES Jot Propefty Lines -Southern Property Line: Length on Approved Plan - 290.41 Feet; Actual Length on Revised Plan 271.24 Feet Northern Property Lines. Length on Approved Plan -290.40 Feet;Actual Length on Revised Plan— 260.13 Feet Board of Commissioners Meeting 05/06/2013 13-8-8 Other changes to these two property lines included specifying the correct linear and angular distances of each. Rear Yard Setback -Encroachment of 3 to 5 feet on Revised Plano (As Noted, the Board of Ad*ustment Approved a Variance to Permit the Encroachment.There was No Encroachment on Approved Plan.) -Maximum Rear Yard Setback on Current Plaw 78.33 feet(Based on Building Height of 21 Feet) -Maximurn Rear Yard Setback on Revised Plano. 61.54 feet(Based on a Revised Building Height of 16.5 Feet Prlioposed Buildinf:Helitht -Shown on Current Plan: 21 Feet -Shown on Revised Plan.0 16.5 Feet Board of Commissioners Meeting 05/06/2013 13-8-9 ATTACHMENT B 1. How would the requested change be cons'llstent With the County's Pollcles for Growth and Development.? The subject properties were rezoned to B-1 Conditional District by the Board of Commissioners in December of 2012. No change in that zoning is requested Instead,tr the application is submittedfor consideration of revisions to the site plan. These include a modification of the perimeter property lines which caused an eastward shift of the building and site improvements to compensate and a slight reduction to the rear yard setbacks. No changes in the building"s size or the required site improvements are requested. The Board of Adjustment issued a variance on February 26 th to allowfor the slight encroachment into the rear yard setback for the building and the dumpster enclosure. 2. How would the requested zone change bte consistent wfth the property's class if 11ca tion on thle. Land Class'Ificatlon Map? The subject properties were rezoned to B-1 Conditional District by the Board of Commissioners in December of 2012 and that zoning was then and still remains c ' tent with the Land Classification Map. No change in the current zoning is onsis requested 3. What slgn1ficant ne'lghborhood changes have occurred to make the orlglnal zoning inappropriate., or hoi,;,, lis the land 'Involved unsu'ftable 'for the uses permiftted under the exist'ling zoning. It had already been determined in December 2012 that the subject properties were no longer suitable for uses under the then R-20 Zoning District ■Accordingly, the properti . es were rezoned to B-1 Conditional District in December 2012. Nothing has changed since that approval was granted to suggest the property is zoned improperly or inconsistent w'th the County's Policiesfor Growth and Development that guide the proper location of i commercial land uses. 4, Llst proposed condltlons and restOctlons that would mitiga.te the impacts of thes.. proposed Use(s). No new special conditions andlor restrictions are proposed Instead, it is strongly believed that the setbacks, street yard and parking lot landscaping standards, tree protection, height limitations and related site development standards ordinarily applicable to B-1 Neighborhood Business Districts are collectively more than ample for protecting Scattered residential uses nearby. The Board of Adjustment did. approve on February 26, 2013 a variance for a minor encroachment into the rear yard setback. in granting that variance, the Board determined that the health, safety and welfare of the general public would not be compromised Board of Commissioners Meeting 05/06/2013 13-8- 10 ATTACHMENT C REVISED LEGAL DESCRIPTION FOR THE PROPERTIES ON CASTLE HAYNE ROAD AS DESCRIBED BELOW AND CURRENTLY ZONED B-I(CDZ) Being all of the p rope rtiles'I'd e ntilfilled by the New Hanover County Tax Offaice records, [Inclusive of Parcel IDs R03311-004-017-000 z) I I A ,j R03311-004-019-000 and R03311-004-020-000 a shown an Exh"b't attached hereto,and more specifically described as follows: Beginning at a point,that point being an 'iron rod setin the eastern right-of-way line of Highway 117, locally named as Castle Hayne Road,said beginning point and 'iron rod being located 949,58 feet North 00 degrees 02 minutes 40 seconds East of NCGS Monument"ERIC";thence running thence North 82 degrees 40 milnutes 52 seconds West 271.24 feet to an iron pipe,thence North 03 degrees 56 minutes 10 seconds West 93.34 feet to aniaron p1pe;thence North 09 degrees 33 minutes 22 seconds We.-A 75.10 feet to anlron p1pe located'a thence South 81 degrees 50 minutes 49 seconds West to an iron pipe in and marking the southeast corner of the Rhames property asidentlifiled In Deed Book 1274 at Page 160 of the New Hanover County Register of Deeds;thence running North 01 degrees 00 minutes East 106.4 feet to a point min the northeast corner of the Rharnes property as previously referenced; thence South 85 degrees 49 minutes West along the northern property line of the aforementioned Rhames property ISO+/-feet to a pointin the eastern right-of-way of Hwy 117/133,thence due westward 100 feet to a point In the western right-of-way line of Hwy 127/233,thence southward along the western right-of-way line approximately 285 feet to a point in saild right-of-way;thence east northeast 100 to a point In the eastern right-of-way line of Hwy 117/133,saild point also beling the point of beginning as described above. The above description encompasses a tutal of 2.12 acres as follows. -Land area,-. 1.40 acres -R/W area: .66+/-acres Board of Commissioners Meeting 05/06/2013 13-8- 11 0 s .f9 1SL 00 �jIWIJ, R03311-004-014400 03311-004-0 P-000 R03311-004-015-000 ri C 2 25 "R03311-004-010-000 RO.311-004-007-000 mR03311 -005-001-0'0 9ROU11-004-017-00 ® -` WOO 0311-004-017-00 R03300-001-044-000 no, 0 R03311-004-01 w 4 ra ®r' Tit E R03300-001 -0001 R03315-001--Q-Pl-000 9, 03315-001-007-01) MR03315-00i-00 r i; t, a r .s• t eaw C q8 �.°�'�.a a v ®fir°.:..•b t'p 4°w dam.°::• Y IF 00 M 1-R03315-401 05-000 R03315-001-002-0009 ROM 5-001- 04-000 +ak HAYNE ig R03300-001-051-000 ROAD 9 A260RO 9 Ing grow KERR AVE 1222 SR J 322 DR(private)RO9999-999-999 99 R03300-001-040-000 R03315-002-003-000 R03315-002-002-000 R03315-002-001-000 I r-m _ I 9 ® Board of Commis s M in 9 05/06/ 13-8- 12 s EMI t Lu R � estop too CPO ep E �ra qP czi roll L9 R 1�r r , jAyN RD Al IV^ FA at _. . �. s , n' 9 t oili l a it . , ( IN .. e. ol 1pe 0 to Is Pe &A fee ao LO It F� u h r x ,r t W a ; n — g e p `hoar o ommissioner i 05/06/2013 13-8- 13 EXHIBIT C-2 T- rcerf fic Impact Worksheet Alor to submission of nanivesidendul site plan, dil"T warIfsheet Inustheprepared,A Traffic Impact A nalysis will be relpfredfor allprojecls generadog 100penk hour frips '0 fJ s b p 011''More. TIM scope of the TIA s-hall be delennhied by coneurrence ofthe Planning Director fhe-iWO coordhinfor und XCDOT traffic engineer.Any inifigation MCIIS71111aF Y *Pit III It e it W ust b e I'll ch r de,d h i Ih e fl)y a I s ite p In i i s u Ar n ifie dfo i p e v ie I P. jee q I I Fh PROM CTNAAM To deter,ra'mLd PROfErCT ADDI�EiLgS 2616 & 2620 Castle Hayne Road DEVELOPER/OWNE-IR swain & Associates, LLC E)CJ5 S'jjNGZ0NjN4G- R-20 GROSS FLO OR AIRBA 8050 1 q W ft, NEARE ST JNrfERSFCT.j0NN- Kerr Ave. & Castle Hayne Rd. BE.P OJZjP--i,PR OP 03-E-'D PR 0J-H C T Aver-rage Daily Traffir, (Date.) NC 13 3 14 0,3 7 2 LEVEL OP SERVICE (LOS) ESr IlriliiVi-r"iN'UAf,"fILAFT41COEcl\TF-1, ION MMTEP.- *D'E NIA0 ai le-a I 1110LI111 131,Dapar I.-mell ®� L,, a .rt=-.estiir-I-ing I?zetali 'USE AND VARIABL S 5- CEx,,runp I c:Racq u a C I ob 8 C 0111-ts,' Srl W f d a y p VNIINCS) ANI PEAK H0UR"MIu-` 7 PMR-BAKI-IOURIKEPS' 42 (Rafflire gen r-i-atioi i of 10 0 p en If 110 In ft lops j4d i,r;'Iquyre Truffi-c A jp y i ct A i t7 lyst"s je o p h 1,f3 4 ........... .. . (L 1311 Board of Commissioners Meeting 05/06/2013 13-8- 14 Project Name: Family Dollar Wrightsboro - ------ R Client: Swain&Assoc.b {e AMOo 'lUNTE Project Number: 12150.PE t a N i_ It a C.. I Additional Prepared By.- RPB Date: 10/4/12 TRIP GENERATION CALCULATIONS-PRELIMINARY Trips Use Free-Standing Discount Store Land Use Code 815 Average Rate (Weekday) 5602 Average Rate (Peak AM) 0.84 Average Rate (Peak PM) 506 GA Weekday Peak AM-. Average 1000 Sq.Ft. GFA Weekday Peak PM.- Average 1000 Sq.Ft. GFA b p Y, . Jll Vrim -out Trips Anticipated Built IT(Weekday Peak PM) = 42 Avg.VTE Generation Note,.m Based on the Institute of Transportation Engineers,,Trip manual, 7th Edition, the weekday peak hour varied between 10:00 AM and 49POO b e Board of Commissioners Meeting 05/06/2013 �� "f, ` 13-8- 15 Stott t{ ,ti\yt;f€tr rttfit},, Rx Date/Ti'me r Oct 0112 1 4 EXHIBIT C-3.1 i Authority Please note that for quasi-judicial proceedings, elther the land c%'ner or an aftomey i must represent the case atits Public hearing X,.5*4 6 R 14191,d. Ike undersigned a owner eAa (PrInt or Tyji c) Pete 4vew. as } pothlonmig New (FAnt or TYPG) decisions,applikablo to Iffic.property descilbed in thr.ottached patition. 2.To appeal at public xno.afings to grvo repxasentaflon ancL comn-Atraentg an bahaff of the owner. 3.To act an the crwnev'sbehalf without Urnitations withTegard to auy and all th'mgs ffioctly or M" diractly connected with or aris ing out of any petiflDn for an amendment appl[cable td the Now Hanover County Zoinug Ordinance under Article X1 theraind to Now Hanover Cc u aty. 1V61f#W)Uj1o41 III/ rf V41 40 i� I Ago&sName,Address.,Email&Telephone S' ture of Owner(s) (Prkt or Type) -Pete AVEZV. 3B07 Pead Sulte 200 1q!1MftgtMr NC 28403 (910) 395-6036 pavex-k@mckinleybuilding,coin IF E t iA Board of Commissioners Meeting AAA 04/10 05/06/2013 13-8- 16 Y EXHIBIT i Authority for Appointment of Agent Please note that for quasi i-judicial either must represent the case at its pubil' i C,13 The undersigned owner v-11CP d,o es hereby a 1) (Printi variance,-T�7w as his/herfits exclusive 9gent Bor the purpose.of petitionig New (Print or Typ0' Hanover County for a petition.decisions applicable to the prDpoity described in the attached y materials. 2.To appeal at public,meeclags to give representation and commitments on behalf of the,owner. 3.To act an the owner's behalf Without limitations With regard to miy and all tbings dhtctly or M" directly connected vv'l'th or r o- Zoum' g Ordffiance,under Article XI therein. A Tbis agency agreement shall continue 'in effect until written notice of revocation by the owner 'is delivered to Now Hanover County. 49( * Th Is the day of am 20_a ............ Agent!s Name, M. y Address, Signature a(S) (Print or Type) ID ?a vote f —„ i y � AAA 04/10 Board of Commissioners Meeting 05/06/2013 `� 13-8- 17 EXHIBIT D TO 0- New Hanover County Planning Department FROMM- Pete Avery DATE: March 06,, 2013 REI: Zoning Case ® Z-923, 11-12;Site Plan Revisions 03/13 Affirmation of Required Community Meeting inted 1, Walter Pete Avery, the duly appo Agent of the property owners of the realty located at 2616, 2620 and 2624 Castle Hayne Road hereby affirm and attest that a community meeting has been scheduled for 6,.,OOPPA on March 20, 2013 at the Wrightsboro Volunteer Fire Department. The purpose of the meeting 'is to solicit comments from adjacent and nearby property owners with respect to proposed revisions to the original site plan of development that was approved by the County in December 2012. A written notice of this meeting will be mailed on March 10th., 2013 to all known property owners within 500 feet of the site. A copy of that Notice of Community Meeting follows this page and 'I's labeled EXHIBIT E. The property owners being notified are listed in the document labeled EXHIBTI E.I. 11 NNIA............... Walter Pete Avery,A thorizid Agent WITN ESS,.9 T gford I., Teri Bigford, the undersigned and a legal resident of New Hanover County who has personal knowledge that Walter Pete Avery els.the Authorized Agent for TCB Rocky Point,, LLC and Mr. and Mrs. Isaac Rhames, and as witnessed by my signature below, affirm that Mr. Avery did schedule a community meeting as required by the Zoning Regulations of New Hanover County and on the date specified above. Board of Commissioners Meeting 05/06/2013 13-8- 18 EXHIBIT E March 10,2013 Notice of Community Meeting a Ti m e. 6:00 PM to 7:00 PM Date-, M arch 20,2013 0 Place. Wrightsboro Volunteer Fire Department Please be advised that a community meeting will be held on March .th at 6:00PM in the Training Room at the Wrightsboro Volunteer Fire Department. The purpose of this meeting is to obtain your input on proposed modifications to a site plan approved by the County Commissioners in December 2012 when that property was rezoned to ® (CZD) Neighborhood Business, Conditional District. Physically, the property Is located at 2616 and 2620 Castle Hayne Road. The approved plan authorizes the construction of an 8000 plus square foot building specializing in general and miscellaneous retail sales. A copy of the general tax map for this area is provided showing the location of the property. The shaded area on a separate but similar map generally represents the property owners that are being sent mailed notices. 9 This meeting Is required under current zoning standards because the previously approved setbacks on the current plan need to be modified for reasons stated below. The revised site plan submitted differs from the plan originally approved with respect to the property's overall dimensions. Initially, it appeared the property's linear perpendicular distance as measured from the road right-of-way to the rear property line was longer than what it actually as. This fact that it wasn't did not become known until a new survey was completed showing the NCDOT rilght-of-way was actually 19 to 30 feet wider. This revelation post-dates the County's approval of the rezoning and the existing approved site plan. The original site plan's approved rear yard setback is greater than the setback shown on the revised site plan. However, the difference in those setbacks results from using two differing building heights—the actual building height is 16.5 feet as shown on the revised plan and not 21 feet as depicted on the original plan. T Please note that no specific modifications or revisions are being proposed for the size of the building,to the planned site improvements needed to serve to the building or to comply with other zoning ff 0 ■ ■ requirements (vehicular circulation, parKing, signage, service delivery, landscaping, etc.) The revised plan did create a rear yard setback encroachment of between 3 and 5 feet. However., a variance was approved by the BOA on February 26th to allow for the slight encroachment that resulted. If you have any comments on this site plan modification, please contact me at 910-395-6036. Otherwise, S I will be available at the meeting to answer questions or to address any concerns you might have. Respectfully, Walter Pete Avery Authorized Agent for TCB Rocky Point, LLC Board of Commissioners Meeting 05/06/2013 13-8- 19 •SITE PLAN REVISIONS--03/13 E'XHIBIT E.1 L-9231 11/12; LISTING OF PROPERTY OWNERS WITHIN 500 FEET TAX 1D# R03315-002-003-000 TAX 1D# R03311-004-015-000 Owner Clark Stores, LLC Owner MORELAG LLC Address PO Box 769 Address 123 Shipyard Blvd. Clinton NC 28328 Wilmington NC 28412 TAX I D# R03315-002-002-000 TAX I D# R03311-004-014-000 Owner Wrightsboro VFD Owner Delbert Leon Herrmann Address 3315 N. Kerr Avenue Address 2032 Village Street Wilmington TAX 1D# R03315-002-005-000 TAX I D# R03311-004-010-000 Owner Wrightsboro Holdings, LLC Owner Gail Pridgen Address 3807 Peachtree Avenue, Suite 200 Address 12 Sheridan Drive Wilmington NC 28403 Wilmington NC 28401 TAX I D# R03315-002-001-001 TAX I D# R03311-004-013-000 Owner Brinson Property Holdings Owner Same as above: Pridgen Address 3108 Kitty Hawk Road Address Wilmington INIC 28405 TAX I D# R03315-001-009-000 TAX 1D# R03311-004-012-000 Owner Janet Herring Williams Owner Peggy Baston Singleton Address 511 Ashley Place Address 21 Sheridan Drive Jacksonville NC 28546 Wilmington NC 28401 TAX I D# R03315-001-008-000 TAX IN R03311-004-011-000 p Owner William and Elizabeth Harmon Address 625 Kimberly Ct. Address 15 Laurel Drive Rocky Point NC 28457 Wilmington NC 28401 TAX I D# P103315-001-007-000 TAX I D# R03311-004-005-000 Owner Same as above: LABELLAAIROSA Owner Thomas and Debra Pearce Address Address 102 Laurel Drive Wilmington NC 28401 TAX 1D# R03315-001-006-000 TAX I D# - . Wilmington Owner Ocelot Enterprises, Inc. Owner Louise P, Futch Life Estate Address 3508 N. Kerr Avenu Address 16 Laurel Drive TAX 1D# R03315-001-005-000 TAX I D# R03311-004-00?-000 Owner Dan and Marie Inman Owner Eleanor McCandless Address 6419 Orange Street Address 12,Laurel Drive Castle Hayne INC 28429 Wilmington NC 28401 . . Board of Commissioners Meeting 05/06/2013 13-8-20 TAX 1D# R03315-001-004-000 TAX 1D# R03311-004-008-000 Owner Dan and Marie Inman Owner Van Clark Jr. ETAL Address 6419 Orange Street Address 8 Laurel Drive Castle Hayne,NC 28429 Wilmington NC 28401 TAX I D# R03315-001-003-000 TAX ID# R03311-004-022-000 Owner Mrs. I.S. Davis Heirs Owner Janet Herring Williams Address 152 Olde Point Road Address 511 Ashley Place Hampstead NC 28443 Jacksonville NC 28546 TAX 1D# R03315-001-002-000 TAX I D# R03311-006-014--000 Owner Isabel Josenhaus Davis Owner Phillips 66 Company Address 152 Olde Point Road Address 901 S. Madison Blvd. Hampstead NC 28443 Bartlesville OK 74004 TAX I D# R03315-001-001-000 TAX I D# R03311-006-0132-000 Owner Hubert and Cynthia Smi-th Owner Steven and Patricia Morton Address 2139 Echo Lane Address Ill Horne Place Drive Wilmington NC 285403 Wilmington NC 28401 TAX 1D# R03311-004-021-000 TAX I D# R03311-005-004-000 Owner Same as abovea. Smith Owner Joesph and Debra Jewell Address Address 116 Horne Place Drive Wilmington NC 28401 TAX 1D# R03311-005-003-000 Owner Ronald and Kathy Boyd Address 224 Simmons Drive Wilmington NC 28411 TAX 1D# R03311-004-009-000 TAX 1D# R03311-005-002-000 Owner Fred Austin and Sylvia McDowell Owner Ronald Hughes Address 4 Laurel Lane Address 5917 Myrtle Grove Road Wilmington NC 28401 Wilmington NC 28409 TAX[D# R03311-004-01-91-001 TAX 1D# R03311-005-002-GOI Owner Issac and Sylvia Rhames, Owner Ronald Hughes Address 2124 Oleander Drive Address 5917 Myrtle Grove Road Wilmington NC 285403 Wilmington NC 28409 TAX 1D# R03311-004-016-000 TAX I D# R03311-005-001-000 Owner Keith Landon Johnson Owner Ronald Hughes Address 2630 Castle Hayne Road Address 5917 Myrtle Grove Road Wilmington NC 28401 Wilmington NC 28409 Board of Commissioners Meeting 05/06/2013 13-8-21 TAX 1D# R03300-001-044-000 TAX I D# Owner Ronald Hughes Owner Address 5917 Myrtle Grove Road Address Wilmington NC 28409 Wilmington TAX 1D# R03300-001-054-000 TAX I D# Owner Ronald Hughes Owner Address 5917 Myrtle Grove Road Address TAX iD# R03300-001-050-000 TAX I D# Owner Wrightsboro Plaza Owner Address Ennis Wilmington NC 28401 TAX I D# R03300-001-051-000 TAX I D# Owner Laurinburg KFC Take Home,Inc. Owner Address PO Box 1469 Address Laurinburg NC 28353 TAX I D# R03300-001-041-000 TAX I D# Owner Wrightsboro Plaza Owner Address Ill Princess Street Address Wilmington NC 28401 TAX 1D# R03300-001-040-000 TAX I D# Owner Edwin 1. Address Wilmington NC 28405 Owner Owner Address Owner Owner Address Address Owner Owner Address Ad d ress Board of Commissioners Meeting 05/06/2013 13-8-22 Summary of Community Meeting Z-923 11/12; IF It Revisions to Approved Site Plan Date of Meeting: March 20,. 2103 Attendance • Pete Avery..Applicant and Owner's Agent; • Sam Burgess, New Hanover County Planning and Inspections Department • Dan Inman-owns several parcels of land nearby fronting along North Kerr Avenue • Linda Farver-owns the local Ace Hardware store, also located on North Kerr Avenue Both Mr. Inman and Ms. Farver stated they came to the meeting to find out what exactly was being proposedB Neither Mr. Inman nor Ms. Farver was opposed to the originally approved plan or the revised plan. Primary Issues Discussed ific differences in the previously approved site plan and the revised plan • sped I • the circumstances that made revision of the approved plan necessary • how far the proposed building would be from existing buildings located on the Inman and Farver properties • construction schedules for starting site work and the building • status of required site development permits There was no other discussion and the meeting was closed and adjourned at 635 PM. Respect ly submitted, ,ite A Board of Commissioners Meeting 05/06/2013 13-9- 1 EXHIBIT C-2 Traffic. Impact Worksheet 7o Traffic Impad Anedysiswill be npiredfol-lillpri7jects9efterefing 100peak honj*ftl4n pt lei A n di 0 r M Dra IN.scop a of th e TU sh all.he delgrin hied by con consence ofth ePhin n Ing Direetar,theJUP0 coonlinator rindArMOTtrafft angfneers Anil inifigallon measytray w Izi PROJECTNAME To a.r. .A .P.ROJECT ADDIL-R.SS 2616 & 2620 Castle Rayne Road DE-11JELOPER/OWNER Swain Associates, LLC GROSSFLOORAREA 8,1050 Sq.& NRARE-% - LEVEL Or-, SERVICE(L(:)S)._ ITE INLANUAL TR.,,A. -_41C (34 4ERjcnGN ES#M- ,IWE (Date) avidl.ble aw Plowniprr USE AND ,,. _ -8 courts'Saturday poinks) (Exnjnple.-Racquot Club, Sim ature Pplk HOUr CAITINU CCruffillm-d fly 6 Board of Commissioners Meeting 05/06/2013 13- 10- 1 tip ;A HANOVER s�OU �a 1 'inaa a ' s NTV 0 PLANNING & INSPECTIONS DEPARTMENT W]ILMINGTON NORTH CAROLINA 28403 TELEPHONE(910)798-7165 FAX(910)798-7053 Pq Pb Chris 0"Keefe,AICP Dennis Bordeaux Shawn Ralston a Planruing&Inspections Inspections Manager Planniing Manager Director March 15, 2013 TCB Rocky Point, Mr. PetefAvery 3807 Peachtree Avenue, Suite 200 Wilmington,NC 28403 Case No. Dear Mr. Avery: This is to officially advise you that the New Hanover County Zoning Board of Adjustment, at the February 26, 2013 meeting, granted the van'ance request from New Hanover County Zoning a Section ordinance a 69.11 approximately 3.5 61.55 foot rear-yard setback requ][red for a a building at the subject address. enclosed.A copy of flie Board's Order 'is land. Any appeal from this decision must be filed with the Clerk of Superior Court within 30 days of recei t of this IP Should you have any questions concerning this decision of the Board, please-call me at (910) 798- 7118. Kenneth r �y.�•a�,-..,�,r«�,� rid -.r" _.•�,., ' X E.Vafier Executive e Adjustment Board of Commissioners Meeting 05/06/2013 13- 11 - 1 . 0 STA iT OF NORTH CAROLINA COUNTY OF NEW HANOVER ZONING BOARD IN 4 . APPLICATION OF CASE NO. ZBA-872 TCI3 Rocky Point, LLC ORDER GRANTING VARIANCE 2616P 2620 Castle Hayne Road The Board of Adjustment for the County of New Hanover, having held a public hean*ng on FebrugM26, 2013 to consider ■ . application . request for a . following a 'ble under the literal terms of the ordinance and having heard all the evidence and arguments permissi presented at the heafing,makes the following FINDINGS OF FACT and draws the . I. The Board fmds that if the applicants comply with the literal terms of the ordm" ance, Weally, compliance with the required rear-yard setback,the applicant cannot speci secure a reasonable return from,or make reasonable use® property. TCI3 Rocky Point, LLC (the"Applicant") i s the owner of 2616 and 2620 Castle,Hayne Road (the "Subject Property"). After designing a bul*ldm' g for the site, . . R-20 to CZD (B-1), and securing a lease for the proposed building, the■ Applicant . that the Subject Property contains approxfinately 20 feet less 'in depth from flie road frontage than expected. . discovery ■ shift location as. a ■ 'into encroachment of approximately 3.5 feet required cost to redesign the project to remove the encroachment and the■ potential tenant for the building, absent a Variance allowing them to encroach approximately 3.5 feet (ranging from 4 feet on the northeast rear comer to 3 feet on the southeast rear comer) into the required setback, based on the site plan presented. 2. The Board rinds that the hardship m* which the i mstances related to the aDplicant's land. Subject The . . . result of the error in the initial measurement, less deep than originally anti. . ated. The Board of Commissioners Meeting cip 05/06/2013 13- 11 -2 smaller than expected lot size has made planning for the proposed building and complying with required setbacks more challenging. As a rezoned property, the Subject Property also adjois a residential use "in the rear and on one side but adiom" s a commercial use on the other side. These factors contribute to the U111*que circumstances related to the Applicant's land. 3. The Boara"', 'if m* ,ds that the In,a rd-111 slu*p-21L s not th,e resuilt oF, th,e rqnpA1*czn,t's own, actions. The. Applicant. exercised. due diligence and made sigpi�ficant efforts to comply..with J,q applicable setbacks The Applicant relied on the experti . se of professionals throughout flie ■process and promptly acted to correct the current situation when it was discovered. The ■Applicant has at all times acted reasonably. ■ The Board fmds tliat if granted,thq e vari ance wffl b e m' harmony-With the ge n. ,e:i-al nurpose and M" ten,t of the ordinance a,-.,,-d wiLl preserve i ts spirit. a The requested Van*ance will allow the Applicant to encroach less than 5% 'into the required rear setback based upon the current site plan. At 64.5 feet, calculated based on building height, the required setback in thi's case exceeds the ,minimum of 30 feet for rear yard setbacks. The vegetative buffer Will not be reduced, and the reduction M' the required setback is expected to be of minimal impact all things considered. do 5. The 3oa-rd fln-ds that the van*ance will secure thee public safe-ty and weifare and will. s u b s t an, ®U`z 1 u s,�J"c ■ Public safety 'I's not expected to be impacted by the granting of thi's Variance. The Variance will provide a just result to the Applicant in this situation considering all factors. TZT,,F.ar<IjFO-R E* , on the basis of all the forego ffig, IT IS ORDERED that the application for a ■VARIANCE be GRANTED from New Hanover County Zoning Ordinance Section 69.11,rear-yard setback requirements,to allow the encroachment of the proposed building on the Subject Property Board of Commissioners Meeting 05/06/2013 13- 11 -3 approximately 3.5 feet into the required rear yard setback, as shown on the site plan presented at the hean*ng. ORDERED this 26th day of February 2013 Vie tt C h a hom a n (pfint) M4 VA F I OX cutive Secretary to the Board nt) Board of Commissioners Meeting 05/06/2013 13- 11 -4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 REGULAR ITEM: 14 DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S):Roger Kelley, Tax Administrator SUBJECT: Consideration of a Resolution Advancing the Countywide Revaluation BRIEF SUMMARY: Request for one-year Revaluation Advancement to complete measuring and listing of all property. STRATEGIC PLAN ALIGNMENT: Effective County Management Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Request for Extension by 1 year of Revaluation Revaluation Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 14-0 a NEW HA N V ER UN TY Roger L. Kelley� � Tax Administrator TAX DEPARTMENT 230 GOVERNMENT CENTER DRIVE SUITE 190 Jeffery Niebauer WILMINGTON NORTH CAROLINA 28403-1671 ..P° . p- �� � � Asst. Tax Administrator " ��° TELEPHONE (910)798-73 00 m FAX(910)-798-7310 M. f Michelle Harrell Tax Collector May 6, 2013 The last countywide revaluation was completed on January 1, 2012. Upon completion we found that a lot of our adjustments were made due to data corrections. After further investigation we found that the last time all properties were visited for data verification, was in the early 1990's. In preparation for the next countywide revaluation we are planning on having staff visit all properties and make all necessary corrections to ensure a more thorough reappraisal. In order for staff to complete this project and to complete the countywide revaluation it will take approximately 4 years from July 1, 2013. Our next countywide revaluation is scheduled to be completed in 4 years from January 1, 2012, the date of the last revaluation. In order to complete the measure and list of all properties we request that the New Hanover County Board of Commissioners adopt a resolution advancing the countywide revaluation by 1 year to January 1, 2017, as required by North Carolina General Statute 105-286. Board of Commissioners Meeting 05/06/2013 14- 1 - 1 Woody White "_0UNTy', NEW HANOVER COUNTY Chairman 0, BOARD OF COMMISSIONERS Beth Dawson Vice-Chair 230 GOVERNMENT CENTER DRIVE, SUITE 175 Jonathan Barfield,Jr. WILMINGTON, NC 28403 Commissioner (91 O)798-7149 Brian M. Berger (91 O)798-7145 FAX Commissioner WWW.NHCGOV.COM Thomas Wolfe Commissioner QF L I'S V--- Sheila L.Schult Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, North Carolina General Statute 105-286 requires the Board of County Commissioners to adopt an effective date for the next countywide revaluation which must be conducted every eight years or sooner; and WHEREAS,the last countywide revaluation was effective on January 1, 2012; and WHERAS, the New Hanover County Board of Commissioners adopted a resolution to advance the countywide revaluation to be effective January 1, 2012 on April 6, 2010. NOW THEREFORE, the New Hanover County Board of Commissioners hereby resolves that the next countywide revaluation be postponed and be effective January 1, 2017. ADOPTED this the 6th day of May, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy,superior service, courteous contact,judicious exercise of authority, and sound fiscal manages§M tq CW#"Mi6fit4§qrg6gAycerns of our citizens today and tomorrow. AWM602012011 14-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6,2013 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher,Finance Director CONTACT(S):Lisa Wurtzbacher,Finance Director SUBJECT: Consideration of Adoption of Fiscal Policies Presented April 22,2013 BRIEF SUMMARY: At the February 8, 2013 budget work session, the Board of County Commissioners directed staff to begin developing fiscal policies, which include a fund balance policy and a debt management policy,that would assist in guiding the County in its fiscal decisions. These policies not only benefit the County, but also signal to outside parties, including rating agencies,that the County is fiscally well managed. From the directive given by the Board,staff has reviewed policies and procedures from other counties in the state, reviewed financial information and ratios of other counties in the state, and developed draft policies based on what is believed to be the right principles and targets for New Hanover County. At the Board's budget update session held on April 22,2013,the draft Fund Balance and Debt Management policies,which were distributed to the Board on April 15,2013,were formally presented. STRATEGIC PLAN ALIGNMENT: Effective County Management Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that the Board adopt the Fund Balance and Debt Management policies as the formal policy on those matters for New Hanover County. ATTACHMENTS: Draft Debt Management Policy Draft Fund Balance Policy COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/06/2013 15-0 DEBT MANAGEMENT POLICY Introduction New Hanover County recognizes that a formal debt policy is essential to effective financial management. Adherence to a debt management policy signals to rating agencies and the capital markets that a government is well managed and, therefore, is likely to meet its debt obligations in a timely manner and is also a recommended practice of the Government Finance Officers Association. Debt management policies are written guidelines, allowances, and restrictions that guide the debt issuance practices. Adherence to a debt policy helps to ensure that a government maintains a sound financial position and that credit quality is protected. Many of the processes for approval, sale, and repayment of debt are controlled by North Carolina statutes and regulations and may not all be repeated within this policy. This debt policy is to be used in conjunction with those laws and regulations and with the operating and capital budgets and other financial policies. Objectives of the debt policy have been set to assist the County in retaining its bond ratings and include: -Funding a Capital Improvement Plan -Maintaining an appropriate mix of pay-as-you-go and debt funding -Maintaining an adequate fund balance, including an appropriate amount of unassigned fund balance -Structuring debt repayment schedules that observers expect of Aaa/AAA counties Debt Instruments The County will use appropriate debt instruments to provide funding for capital assets at the lowest cost with minimal risk: General Obligation Bonds: General obligation bonds are bonds secured by a promise to levy taxes in an amount necessary to pay debt service, principal and interest, coming due each fiscal year. General obligation bonds are backed by the full faith and credit of the County. These bonds are authorized by a referendum or by non-voted (2/3's) authorization by the governing body. The non-voted authorization allows governments to issue up to two-thirds of the previous year's net debt reduction without a referendum. Revenue and Special Obligation Bonds: Revenue bonds are bonds that pledge revenues generated by the debt-financed asset or by the operating system of which that asset is a part. Special obligation bonds are bonds that are payable from the pledge of revenues other than locally levied taxes. New Hanover County Debt Management Policy Page 1 1 Board of Commissioners Meeting 05/06/2013 15- 1 - 1 DEBT MANAGEMENT POLICY Other Financing Arrangements: Installment financings are an alternative financing method that does not require voter approval. Certificates of participation or limited obligation bonds represent an undivided interest in the payments made by a public agency pursuant to a financing lease or an installment purchase agreement. The security for this financing is represented by a lien on the property acquired or constructed. An Installment Purchase Contract is an agreement in which the equipment or property is acquired and periodic payments, which are sufficient to pay debt service, are made. The County will use this type of financing for short-term equipment purchases of 3 to 5 years. The County will use pay-as-you-go funding for capital improvements or capital assets having a cost of less than $250,000 or assets having a useful life of less than 10 years unless budgetary restraints require the use of financing to acquire the necessary funding for those capital improvement or capital assets. Purposes for Debt Issuance The County may issue debt for the purpose of acquiring or constructing capital assets including land, buildings, machinery, equipment, fixtures and any other eligible expenses of the project and for making major renovations to existing capital improvements, for the good of the public. Exceptions to this rule will be considered on a case-by-case basis to determine if the contemplated debt is in the best interests of the County. Long-term debt shall not be used to finance ongoing operational expenses. When applicable, debt issuance will be pooled together to minimize issuance expense. Before issuing any new debt the County will consider the following factors: -Global, national and local financial environment and economy -Current interest rates and expected interest rate changes -Cash position and current debt position -Availability of funds to repay -Urgency of current capital needs and flexibility to cover future needs -Appropriate debt issuance practices and debt structuring Debt Structure The debt structure is made up of the life of the debt, interest rate and principal maturity schedule. This debt could be general obligation, revenue or special obligation bonds, or other installment financings. The cost of taxable debt is higher than the cost of tax-exempt debt. However, the issuance of taxable debt is mandated in some circumstances, and may allow flexibility in subsequent contracts with users or managers of the improvements constructed with the bond proceeds. The County will usually issue obligations on atax-exempt basis, but New Hanover County Debt Management Policy Page 12 Board of Commissioners Meeting 05/06/2013 15- 1 -2 DEBT MANAGEMENT POLICY may occasionally issue taxable obligations when there is an expected benefit from doing so. The County shall establish an affordable debt level to preserve credit quality and ensure sufficient revenue is available to pay annual debt service. General obligation bonds will generally be competitively bid with no more than a 20-year life unless there are compelling factors which make it necessary to extend beyond this point and applicable law allows a longer term. In a competitive sale, the County may sell its debt obligations in which any interested underwriter or syndicate is invited to submit a proposal to purchase an issue of bonds. The bonds are awarded to the underwriter presenting the best bid according to stipulated criteria set forth in the notice of sale. Negotiated sales or private placements, however, may be used where allowed when complex financing or sales structure is a concern with regard to marketability. In a negotiated sale, the bonds may be sold through an exclusive arrangement between the County and an underwriter or underwriting syndicate. At the end of successful negotiations, the issue is awarded to the underwriters. This method offers flexibility for the County. The criteria used to select an underwriter or syndicate in negotiated sales should include, but not be limited to the following: overall experience, marketing philosophy, capability, previous experience, underwriter's discount, and expenses. The County may elect to sells its debt obligations through a private placement when appropriate. Selection through private placement shall be determined through the Requests for Proposal (RFP) process. Debt service for each issue will be structured in an attempt to minimize the County's interest payments over the life of the issue While taking into account the existing debt obligations of the County. Any debt issued shall not have a maturity date beyond the useful life of the asset being acquired or constructed by the debt proceeds. The County may also consider various financing methods including fixed or variable interest rate debt in order to minimize the interest costs over the life of the issue. The use of these methods will be evaluated based on market conditions and the maximum benefit to the County while minimizing the County's risk. When appropriate, the County may choose to issue securities that pay a rate of interest that varies according to a predetermined formula or results from a periodic remarketing of the securities or reset date determined by the bondholder. The County will limit the issuance of variable rate debt to help maintain the County's Aaa credit rating. The County's long term variable rate debt will not exceed 15% of the total outstanding general debt. Investment of bond proceeds will be consistent with those authorized by existing State law and by the County's investment policy and applicable bond covenants. Bond proceeds shall be invested and tracked separately from other investments. New Hanover County Debt Management Policy Page 13 Board of Commissioners Meeting 05/06/2013 15- 1 -3 DEBT MANAGEMENT POLICY Debt Ratios The County will use an objective, analytical approach to determine the amount of debt to be considered for authorization and issuance. This process involves the comparison of generally accepted debt ratios from comparable counties to the current County ratios. There ratios will be re-evaluated every five (5) years or sooner as market conditions dictate. The County shall adhere to the following: Net Direct Debt per Capita This ratio measures the burden of direct debt placed on the population supporting the debt. This ratio is widely used by rating agencies as a measure of an issuer's ability to repay debt. The County's general obligation debt per capita will be in line with other North Carolina counties that maintain an Aaa bond rating. The County will maintain per capita debt that does not exceed $2,200. Net Direct Debt as a Percentage of Assessed Valuation This ratio measures debt levels against the property tax base that generates the tax revenues, which are the main source of debt repayment. The County will maintain its debt at no more that 1.60% of the countywide assessed value. Net Direct Debt Service as Percentage of Operational Budget This ratio reflects the County's budgetary flexibility to adapt spending levels and respond to economic condition changes. The County will maintain its net debt service at no more than 20% of the operational budget. Ten year Payout Ratio This ratio measures how quickly the County retires it outstanding indebtedness. A higher payout ratio preserves the County's capacity to borrow for future capital. The County will maintain not 'less than 66%for its ten-year payout. Refinancing of Outstanding Debt The County will continually` review the County's outstanding debt and recommend issues for refunding as market opportunities arise. Debt shall be refinanced only for the purpose of achieving debt service savings, unless required to achieve specific debt management goals of the County. The estimation of net present savings should be, at a minimum, in the range of 6% of the refunded maturities before a refunding process would be considered unless the County otherwise determines the annual savings warrants the refunding. The County will not refinance debt for the purpose of deferring scheduled debt service, unless unique New Hanover County Debt Management Policy Page 14 Board of Commissioners Meeting 05/06/2013 15- 1 -4 DEBT MANAGEMENT POLICY circumstances are present. The County is aware that refinancing for the purpose of deferring debt service may have an impact on its credit rating. The County may issue advance refunding bonds when advantageous, legally permissible, and prudent and a net present value savings is achieved. Advance refunding transactions are those undertaken in advance of the first date the refunded debt can be called for optional redemption, and will require an establishment of an escrow account for the defeasance of the refunded debt. All costs incurred in completing the refunding shall be taken into account when determining the net present value savings. The County may issue current refunding bonds when advantageous, legally permissible, and prudent and a net present value savings is achieved. Current refunding transactions shall be considered whenever possible. Current refunding transactions are those undertaken at or after the call date on outstanding debt, and provide for redemption and replacement of refunded debt within 90 days of issuance of the refunding debt. Pay-As-You-Go Funding The County shall use pay-as-you-go and other alternative sources of funding for capital projects to minimize debt levels. To have an effective pay-as-you-go program, at least one funding source must be identified that is consistent, reliable and large enough to provide for capital needs in an amount that reduces dependency on debt. In order to reduce the impact of capital programs on future years, the County will annually appropriate funds for its capital improvement plan. The County will also appropriate proceeds from all county land sales and other capital assets as deemed appropriate for capital projects. This practice will allow additional funding of capital improvement projects and reduce the County's dependence on borrowing. Pay-as-you —go funding will save money by eliminating interest expense on the funded projects and will improve financial flexibility in the event of sudden revenue shortfalls or emergency spending. Issuance of Debt The scheduling and amount of bond sales and installment purchase transaction will be recommended by the Finance Director and the County Manager. The Board of County Commissioners must approve the sale. These decisions will be based upon the identified cash flow requirements for each project to be financed, market conditions, and other relevant factors including debt ratios. If the cash requirements for capital projects are minimal in any given year, the County may choose not to issue debt but instead, the County may fund up-front project costs and reimburse these costs when financing is arranged. In these situations the County will adopt a reimbursement resolution prior to the expenditure of project funds. New Hanover County Debt Management Policy Page 15 Board of Commissioners Meeting 05/06/2013 15- 1 -5 DEBT MANAGEMENT POLICY Fixed rate general obligation bond sales are conducted on a competitive basis by the Local Government Commission (LGC), a division of the Office of the State Treasurer. Variable rate bonds, revenue and special obligation bonds and Installment Financings will be sold on a negotiated basis with a selected underwriter. The County must receive an opinion acceptable to the market from a nationally recognized law firm that each financing transaction complies with applicable laws and all agreements in connection with any financing are legal, valid and binding obligations of the County. Continuing Disclosure In accordance with the Securities and Exchange Commission (SEC), Rule 15c-2-12, the County will provide financial and operating information to the repository or repositories designated by the SEC. Where applicable, the County will also provide its annual financial statements and other relevant information to rating agencies, corporate trustees, and as required by Continuing Disclosure requirements within all debt documents. Arbitrage Liability Management The County will maintain a system of record keeping and reporting to meet the arbitrage and rebate compliance requirements of the federal tax code. This effort includes tracking investment earnings on bond proceeds, calculating rebate payments in compliance with tax law, and remitting rebatable earnings to the federal government in a timely manner in order to preserve the tax-exempt status of the County's outstanding debt issues. It is the County's policy to minimize the cost of arbitrage rebate and yield restriction while strictly complying with the applicable laws. Because of the complexity of arbitrage rebate regulations and the severity of non-compliance penalties, arbitrage calculation will be performed by qualified arbitrage professionals in strict adherence to applicable laws and regulations. These calculations will be done in accordance with required Internal Revenue Service reporting dates. Financing Team The County will provide for a solicitation and selection process for securing all professional services required in connection with any debt issues. The service professionals selected will be required to develop and implement the County's debt management policy with the goal of continuity, quality service and competitive prices. New Hanover County Debt Management Policy Page 16 Board of Commissioners Meeting 05/06/2013 15- 1 -6 DEBT MANAGEMENT POLICY Administration and Implementation The County Manager and the Finance Director are responsible for the administration and issuance of debt including the completion of specific tasks and responsibilities included in this policy. New Hanover County Debt Management Policy Page 17 Board of Commissioners Meeting 05/06/2013 15- 1 -7 FUND BALANCE POLICY 1.0 Purpose To establish a key element of the financial stability of the County by setting guidelines for the General Fund balance. Available fund balance is an important measure of economic stability. It is essential that the County maintain adequate levels of available fund balance in order to ensure against unanticipated events that would adversely affect the financial condition of the County and jeopardize the continuation of County services and/or activities and to provide the capacity to: a) Provide sufficient cash flow for daily financial needs; b) Secure and maintain investment grade bond ratings; c) Offset significant economic downturns or revenue shortfalls; d) Provide funds for unforeseen expenditures related to emergencies; e) Adhere to Local Government Commission minimum fund balance recommendation f) Provide citizens with a stable property tax rate This policy will also establish guidelines for the replenishment of the County's fund balance in the event that the fund balance falls below the required levels set forth herein. 2.0 Definition 2.1 Fund balance. Fund balance is the difference between assets and liabilities reported in a governmental fund. An accounting distinction is made between classifications of fund balance based on restrictions on the use of fund balance. These classifications as defined by the Government Finance Officers Association are (1) Non-spendable, (2) Restricted, (3) Committed, (4) Assigned, and (5) Unassigned. 2.2 Non-spendable fund balance: Non-spendable fund balance are the components of fund balance that cannot be spent because they are either (a) not in a spendable form or (b) contractually required to be maintained intact. 2.3 Restricted fund balance: Restricted fund balance are the components of fund balance that have constraints paced on the use of resources either (a) externally New Hanover County Fund Balance Policy Page 1 Board of Commissioners Meeting 05/06/2013 15-2- 1 FUND BALANCE POLICY imposed by creditors (such as through debt covenants), grantors, contributors or laws or regulations of other governments or (b) imposed by law through constitutional provisions or enabling legislation. 2.4 Committed fund balance: Committed fund balance are the components of fund balance that are used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision-making authority. In New Hanover County, the highest level of decision-making authority would be considered the Board of County Commissioners. These self-imposed limitations must be set in place prior to year-end, but can be calculated after year-end to be considered committed for that fiscal year end. In addition, to be considered committed, the limitations that were imposed at the highest level of decision- making authority must also require the same action to remove or modify the limitations. Ordinances that lapse at year-end do not meet the committed test. 2.5 Assigned fund balance: Assigned fund balance are the components of fund balance that are constrained by the government's intent to be used for specific purposes, but are neither restricted nor committed. These assignments can occur any time before the issuance of financial statements to be considered assigned for that fiscal year end. Further, this assignment ability can be delegated by the Board of County Commissioners to an appropriate person (i.e. County Manager, Finance Officer or Budget Officer). 2.6 Unassigned fund balance: Unassigned fund balance is the remainder of fund balance that has not been reported in another classification and represents assets that are available to appropriate for future purposes. 2.7 Available fund balance: Available fund balance is the total fund balance less the total of non-spendable fund balance and fund balance restricted for stabilization by state statute. 3.0 Policy 3.1 The New Hanover County Board of Commissioners formally establishes the goal of maintaining unassigned fund balance in the General Fund in an amount of twenty-one (21) percent (or approximately two and a half months) of the General Fund expenditures and outflows at the end of each fiscal year. New Hanover County Fund Balance Policy Page 2 Board of Commissioners Meeting 05/06/2013 15-2-2 FUND BALANCE POLICY 3.2 The County Finance Director is charged to maintain available fund balance in the General Fund in an amount no less than eight (8) percent (or approximately one month) of the General Fund expenditures and outflows at the end of each fiscal year, as recommended by the North Carolina Local Government Commission. In the event of an emergency, a supermajority vote (four of five member's affirmative vote) of the Board is required to approve the use of the fund balance such that it falls below the eight (8) percent target. 3.3 The County's budget and revenue spending policy provides for programs with multiple revenue sources. The Finance Director will use resources in the following hierarchy: bond proceeds, federal funds, state funds, local funds and county funds. For purposes of fund balance classification, expenditures are to be spent from restricted fund balance first, followed in order by committed fund balance, assigned fund balance and lastly unassigned fund balance. The Finance Director has the authority to deviate from this practice if it is in the best interest of the County. 3.4 The independent auditor of the County shall monitor the County's compliance with this established Fund Balance Policy. The auditor shall report related findings and recommendations annually as part of the County audit. 4.0 Replenishment of Fund Balance 4.1 If it is anticipated at the completion of any fiscal year that the projected or estimated amount of fund balance falls below the required levels set forth in section 3.1, the County Manager shall prepare and submit in conjunction with the proposed budget a plan for the expenditure reductions and/or revenue increases necessary to restore the amount of fund balance to the minimum requirements within two (2) fiscal years. 5.0 Maintenance of Fund Balance for Enterprise Funds and Special Fire District 5.1 The County will strive to maintain an adequate level of fund balance for its Enterprise Funds and Special Fire District Fund for future capital expenditure needs and for unforeseen circumstances and emergencies. New Hanover County Fund Balance Policy Page 3 Board of Commissioners Meeting 05/06/2013 15-2-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 6, 2013 ADDITIONAL ITEMS ITEM: 16 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S):Chris Coudriet, County Manager SUBJECT: Consideration of Funding Marquis Hills and Heritage Park Sewer Projects BRIEF SUMMARY: As discussed during Staff Updates at Agenda Review on May 2, 2013, staff will present funding recommendations for the Board's consideration. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Consider funding both projects. COMMISSIONERS'ACTIONS: A motion to fund both projects as presented was approved 5-0. 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