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HomeMy WebLinkAboutAgenda 2013 11-04 New Hanover County, North Carolina N � F November 4, 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 "N 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE,CHAIRMAN-BETH DAWSON,VICE-CHAIR ' JONATHAN BARFIELD,JR.,COMMISSIONER-BRIAN M.BERGER,COMMISSIONER-THOMAS WOLFE,COMMISSIONER r 4 CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD NOVEMBER 4, 2013 6:00 P.M. MEETING CALLED TO ORDER(Chairman Woody White) MOMENT OF SILENCE(Chairman Woody White) PLEDGE OF ALLEGIANCE(Commissioner Thomas Wolfe) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Proclamation Recognizing November 2013 as Brain Aneurysm Awareness Month in New Hanover County 3. Adoption of a Proclamation to Recognize The Big Read Project 4. Approval of Request to Establish and Fund the Landfill Leachate Treatment System Upgrade Capital Project 5. Acceptance of Clean Water State Revolving Fund Loans for Heritage Park and Marquis Hills Sewer Expansion 6. Approval to Submit Application for the Transportation Alternatives Program- Direct Attributable (TAP-DA)FY 2014 7. Adoption of Budget Amendments 8. Ratification of the Approval of an Application for the Waiver of Landfill Tipping Fees for the 2013 Cape Fear Fair and Expo, Retroactive to October 31, 2013 REGULAR AGENDA ITEMS OF BUSINESS 9. Public Hearing Rezoning Request(Z-928, 10/13) -Request by James C. Walker of CBR Wilmington, LLC to Rezone 11.43 Acres Located at 4728 and 4800 Carolina Beach Road from R-15 Zoning District to R-7 Conditional Zoning District to Develop a Residential Subdivision 10. Consideration of Health and Human Services Consolidation Recommendation PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 11. Additional Items County Manager County Commissioners Clerk to the Board Board of Commissioners Meeting 11/04/2013 County Attorney 12. ADJOURN Board of Commissioners Meeting 11/04/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 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: Special Meeting held on October 16,2013 Regular Meeting held on October 21,2013 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 11/04/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of Proclamation Recognizing November 2013 as Brain Aneurysm Awareness Month in New Hanover County BRIEF SUMMARY: Tammie Paris has requested the Board consider adopting the proclamation recognizing November 2013 as Brain Aneurysm Awareness Month in New Hanover County and has requested Governor McCrory to join other states in declaring each September as Brain Aneurysm Awareness Month in North Carolina. 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: Brain Aneurysm Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION RECOGNIZING NOVEMBER AS BRAIN ANEURYSM AWARENESS MONTH WHEREAS, a brain aneurysm (also called a cerebral aneurysm or an intracranial aneurysm) is a bulging,weakened area in the middle layer of the wall of a blood vessel in the brain,resulting in an abnormal widening or ballooning greater than 50%of the normal diameter (width). An aneurysm may occur in any blood vessel,but is most often seen in an artery rather than a vein; and WHEREAS, most brain aneurysms cause no symptoms and may only be discovered during tests for another, usually unrelated, condition. In other cases, an unruptured aneurysm will cause problems by pressing on areas in the brain. When this happens,the person may suffer from severe headaches,blurred vision, changes in speech, and neck pain, depending on what areas of the brain are affected and how bad the aneurysm is; and WHEREAS, symptoms of a ruptured brain aneurysm often come on suddenly. If you have any of the following symptoms or notice them in someone you know, call 911 or other emergency services right away: a sudden, severe headache that is different from past headaches,neck pain,nausea and vomiting, sensitivity to light,fainting or loss of consciousness, and seizures; and WHEREAS, brain aneurysm survivors cannot predict the length of time it will take to improve or recover completely. Most patients experience several challenges during the long journey to recovery after craniotomy or any other treatment: physical challenges, emotional challenges, psychological challenges and several temporary and permanent deficits. Several patients who receive treatment for an unruptured aneurysm require less rehabilitative therapy and recover faster than patients whose aneurysm has ruptured; and WHEREAS, every year over 30,000 families in the U.S. experience the unspeakable tragedy caused by a ruptured brain aneurysm. About 40% of those experiencing a ruptured brain aneurysm will die. Those that survive often face significant challenges, greatly impacting their lives and the lives of their families; and WHEREAS,the survivors who have the willpower to live even if the recovery takes a long time have a better chance of improving their health. If the patients' caregivers or family maintain hope and positive energy around the patient then it would certainly make the patient/survivor's recovery easier and better. The brain certainly can adopt new ways and skills for a lifetime. NOW,THEREFORE,BE IT PROCLAIMED that the New Hanover County Board of Commissioners recognizes November 2013 as Brain Aneurysm Awareness Month in New Hanover County and urges Governor McCrory to recognize the month of September as Brain Aneurysm Awareness Month in North Carolina. ADOPTED,this the 4th day of November,2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 2- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 CONSENT ITEM: 3 DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Museum Director CONTACT(S): Ruth Haas SUBJECT: Adoption of a Proclamation to Recognize The Big Read Project BRIEF SUMMARY: The Big Read is a project funded by the National Endowment for the Arts that encourages community literacy. This is the second year in a row that our community has been funded. Thirteen collaborating community partners are inviting the community to join them to read and discuss The Things They Carried by Tim O'Brien,a novel about a fictional platoon during the Vietnam War. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Market and promote New Hanover County assets • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation endorsing The Big Read. ATTACHMENTS: The Big Read Proclamation The Big Read Events Flyer COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 3-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE BIG READ 2013-14 PROCLAMATION WHEREAS, for the second year, our community has been awarded The Big Read grant from the National Endowment for the Arts with the purpose of promoting community literacy; and WHEREAS, Cape Fear Museum in partnership with New Hanover County Public Library; UNC Wilmington; Cape Fear Community College; New Hanover High School; Ashley High School, Cape Fear Literacy Council; the USS Battleship North Carolina; Cameron Art Museum; World War 11 Wilmington Home Front Heritage Coalition; Thalian Association; The Arts Council of Wilmington and New Hanover County; and WHQR are collaborating to create a full schedule of book discussions and events; and WHEREAS, The Things They Carried, by Tim O'Brien, is the book selected for reading and discussion that will encourage the community to reflect on the experience of the Vietnam War, our many wartime veterans, and active duty military; and WHEREAS, every citizen is encouraged to join in this enriching experience that will also welcome participation from the southeast region with special invitations going to military installations in the region. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that "The Big Read," a commitment to promote literacy and to recognize our military history, is officially adopted and endorsed in New Hanover County. ADOPTED this the 4th day of November, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 3- 1 - 1 W READi I t `i, � Greater Wilmington ,. ' z- ����{ tni��G�i)1 1{!it li ail � {i �t����s `•_3- NOVEMBER 8, 2013 - FEBRUARY 9, 2014 r Please join our community in reading The Things They Carried and attend our many themed events. BOOK DISCUSSIONS NOVEMBER JANUARY All are free and open to the public. Mail Call Exhibit Opens WHQR&StarNews Present Prologue Sat.November 9 @ 9 AM Mon.January 13 @ 7 PM Fri.November 8 @ 2 PM Where:Cape Fear Museum Where:WHQR Where: Myrtle Grove Library Remembrances of Wars Past Welcome Reception for Tim O'Brien Tue.November 19 @ 2 PM Tues.November 12 @ 6:30 PM Tues.January 14 @ 6 PM Where:Northeast Regional Library Where:Northeast Regional Library Where:Northeast Regional Library Tue.November 19 @ 4:30 PM Panel Discussion:Traveling Through Tim O'Brien on Midday Interview Where:Cape Fear Literacy Council Open and Closed Doors:Americans' Wed.January 15 @ 12 PM Wed.November 20 @ 11 AM Perspectives on Living Abroad Where:WHQR 91.3 Where:UNCW Randall Library Wed.November 13 @ 6 PM Where:UNCW Randall Library Tim O'Brien Keynote Presentation& Mon,January 6 @ 6:30 PM Book Signing Where: Myrtle Grove Library Lecture by Kevin Maurer Wed.January 15 @ 7 PM y y Thurs.November 14 @ 6:30 PM Where:UNCW Kenan Auditorium Tue.January @ 6 PM Where:Northeast Regional Library y Film Screening:Vietnam Nurses Where:Northeast Regional Library Film Screening:Broken Brotherhood Wed.January 29 @ 4 PM Wed.January 22 @ 11 AM Thurs.November 14 @ 7 PM Where:UNCW Randall Library Where:UNCW Randall Library Where:UNCW Lumina Theater FEBRUARY ONGOING Adult Night Out:Artifacts of War Fri.November 15 @ 7 PM 9th Annual Battle of Forks Road Veteran's Holiday Card Project Where:Cape Fear Museum Commemoration November 4-December 17 February 8-February 9 Where:Battleship NORTH CAROLINA World War II USO Dance and USO Show Where:Cameron Art Museum Fri.November 22 @ 6:30 PM Mail Call Exhibit Where:Hannah Block Historic USO/ November 9-January 20 Community Arts Center Where:Cape Fear Museum DECEMBER The Things They Carried Student Battleship Alive Veterans Exhibit Mail Call Reenactment @ 2 PM November 11 -January 24 Where:Cape Fear Community College Library Wherre:Battleship NORTH CAROLINA The Things We Carried-Veterans Exhibit November 11 -February 20 Learning Center: V-mail to Vlogs Sat.Dec.7, 14,21,28 Opening Reception Nov 11 @ 11:15 AM PM Where:UNCW Randall Library Where:Cape Fear Museum CFLC Z7 `' �/®� NawHanover A CapeLelr� UNCW. Cape �e({y BATTLESHIP vneo9e°Poh 913fYri X11 @Pgty�OUtit1� TheArts CoUmcll � „„ ,„„.,,,,„„„„. Public Library 1 i COMMUNHYCOLLEGL NORTH CAROLINA ...,.,.�..,,�,��,.,,, ,ao���i�v _.c„u„ds�- OE g 1) x,Ch""no I of Z�Emm&t©n&Ni-IC } 2 The Big Read is a program of the National Endowment for the Arts in partnership with Arts Midwest. readwilmin ton.com Board of Commissioners Meeting www.thebi g g www.facebook.cOWWlggitBdWilmington Owww.twitter.com/BigReadILM #ilmbigread 3-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 CONSENT ITEM: 4 DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Approval of Request to Establish and Fund the Landfill Leachate Treatment System Upgrade Capital Project BRIEF SUMMARY: An upgrade to the landfill's leachate treatment system is required by the National Pollutant Discharge Elimination System (NPDES) Permit. The Environmental Protection Agency (EPA) has established new, more restrictive limits for metal discharge. Changes in the existing leachate treatment system will be necessary in order to protect the environment and meet the EPA's new NPDES permit requirements. This project is necessary for EPA compliance even though the County is soliciting disposal proposals. This project is anticipated to be initiated in the current fiscal year and carry forward through FY16. The total cost of the project over the three-year period is estimated to be $2,000,000, and the ongoing costs should be considered during the contract negotiation with the selected disposal vendor. FY 13-14 $500,000 Engineering/Bench Studies/Feasibility FY 14-15 $750,000 Design/Equipment Acquisition FY 15-16 $750,000 Equipment Acquisition/Implementation Funds for the engineering, bench studies and feasibility work were included in the FY13-14 adopted budget in the Environmental Management Enterprise Fund. A budget amendment ordinance requesting transfer of $500,000 from the Environmental Management Enterprise Fund into the Capital Project Fund (amendment 14-027)is included for Board consideration. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the establishment of the Landfill Leachate Treatment System Upgrade capital project and funding in the amount of$500,000, and adoption of the ordinance for budget amendment 14-027. ATTACHMENTS: BA Cover Page Board of Commissioners Meeting 11/04/2013 4-0 Capital Project Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 4-0 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 027 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-027 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development Strategic Objective(s): Innovate programs to protect the environment Fund: Landfill Leachate Treatment System Upgrade Department: Environmental Management Expenditure: Decrease Increase Capital Project Expense 5500,000 Total SO 5500,000 Revenue: Decrease Increase Transfer in from Enterprise Fund $500,000 Total $0 ES500,000 Section 2: Explanation The adopted FYI budget includes$500,000 in the Environmental Management fund to establish a capital project fund for the Landfill Leachate Treatment System Upgrade. The upgrade is required by the National Pollutant Discharge Elimination System(NPDES)Permit. The Environmental Protection Agency (EPA)has established new,more restrictive limits for metal discharge. The upgrade is necessary in order to protect the environment and meet the EPA's new NPDES permit requirements. 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 14-027, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schuh, Clerk to the Board Board of Commissioners Meeting 11/04/2013 4- 1 - 1 CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY LANDFILL LEACHATE TREATMENT SYSTEM UPGRADE BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in construction for the Landfill Leachate Treatment System Upgrade, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute §159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt that could be incurred by the County. 4. This declaration of official intent is made pursuant to Section §1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute §159-13.2. 2. The project undertaken pursuant to this ordinance is the Landfill Northern Property Closure Construction Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Transfer in from Enterprise Fund $500,000 Total $500,000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $500,000 Total 500 000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 4th day of November, 2013. Sheila L. Schult Woody White, Chairman Clerk to the Board of Commissioners Board of County Commissioners Board of Commissioners Meeting 11/04/2013 4-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 CONSENT ITEM: 5 DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher,Finance Director CONTACT(S): Lisa Wurtzbacher SUBJECT: Acceptance of Clean Water State Revolving Fund Loans for Heritage Park and Marquis Hills Sewer Expansion BRIEF SUMMARY: The communities of Heritage Park and Marquis Hills are ranked number one and two on the high priority list of areas with failing septic tanks in New Hanover County by the Cape Fear Public Utility Authority. The estimated cost to extend sewer service to the Heritage Park area is $5,725,759 and the estimated cost to extend sewer service to the Marquis Hills area is $11,236,425. On September 3, 2013, the Board adopted a capital project budget ordinance authorizing the budget for these projects. To finance the project cost, the County applied for a State Revolving Fund loan with the NC Department of Environment and Natural Resources. The County has been approved for a$11,236,425 loan for Marquis Hills and a $5,725,759 loan for Heritage Park. The County received the Local Government Commission's approval for the loans in October 2013. In order to officially accept the funding, the Board is required to adopt resolutions accepting the loans. The estimated average yearly debt service payment for Marquis Hills is $663,294 and Heritage Park is $337,961,based on a 2%interest rate over 20 years. The County will only draw down funds as necessary to complete the projects and actual debt service on the loans would be based on the actual amounts borrowed. Debt service payments do not begin until six months after the projects are complete, therefore the first payments are estimated to be due in FY 16-17. The closing fee for the loans will be paid in FY 14 and was included in the adopted capital project budget ordinance. The closing cost for Marquis Hills is estimated at$224,729 and Heritage Park is estimated at$114,515. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that the Board adopt two resolutions; Resolution for Accepting a Clean Water State Revolving Fund Loan for Marquis Hill Sewer Expansion in the amount of$11,236,425 and Resolution for Accepting a Clean Water State Revolving Fund Loan for Heritage Park Sewer Expansion in the amount of $5,725,759. The resolutions will authorize the County's Finance Director to execute documents as required in connection with the loans and loan reimbursements. Board of Commissioners Meeting 11/04/2013 5-0 ATTACHMENTS: Marquis Hills Offer and Acceptance Documents Heritage Park Offer and Acceptance Documents Resolution Accepting Marquis Hills Sewer Expansion Loan from NCDENR Resolution Accepting Heritage Park Sewer Expansion Loan from NCDENR COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 5-0 Ad, A AM F NCDENR Noirth Carolina nir n Natural Resources Division of Water infrastructure Pat McCrory Kim Colson, P. E. John SWaria Ili Governor Acting Director Secretary October 8, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ted Davis, Jr., Chairman Board of Commissioners County of New Hanover 230 Government Center Drive, Suite 195 Wilmington, NC 28403 SUBJECT: Offer and Acceptance for a State Loan Project No. CS370426-08 Marquis Hills Sewer Extension Project Dear Mr.Davis: The County of New Hanover has been approved for loan assistance from the Clean Water State Revolving Fund in the amount of$ 11,236,425. Enclosed are two (2) copies of an Offer and Acceptance Document extending a State Revolving loan in the amount of$ 11,236,425. This offer is made subject to the assurances and conditions set forth in the Offer and Acceptance Document. Please submit the following items to Don Evans, Division of Water Infrastructure, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 within forty-five (45) days of receipt. 1. A resolution adopted by the governing body accepting the loan offer and making the applicable assurances contained therein.. (Sample copy attached) 2. One(1) copy of the original Offer and Acceptance Document executed by the authorized representative for the project, along with the signs "Standard Conditions for the Federal SRF loans". Retain the other copy for your files. 3. Federal Identification Number of the Recipient (Memo attached) 4. EPA Form 4700-4. 1633 Mail service Center,Raleigh,North Carolina 27699-1633 Location:512 N Salisbury Street.Raleigh,North Carolina 27 Phone:919-707- 1601FAX:919-715-6229 NoiffiCarohna An Equal Oppotturdy iAffir atW Action Employer Board of Commissioners Meeting 11/04/2013 5- 1 - 1 Mr. Ted Davis, Jr. October 8, 2013 Page 2 On behalf of the Department of Environment and Natural Resources, I am pleased to make this offer of State Revolving Loan funds made available by North Carolina Water Infrastructure Fund and e Federal Clean Water Act Amendments of 1987. Sincerely, *d Mark L. Hubbard, P.E., Assistant Chief Division of Water Infrastructure Enclosures: Loan Offer and Acceptance Document (2 copies) Guidance Document Reimbursement Request form Fed ID Request Form EPA Form 4700-4 Resolution to accept Loan offer(suggested format) cc: Chris Coudriet, County Manager PMB SRF Board of Commissioners Meeting 11/04/2013 5- 1 -2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER INFRASTRUCTRE State Loan or Grant Offer and Acceptance This Offer must be accepted, if at all,within forty-five(45)days of receipt. This Offer is made subject to the attached Standard Conditions and Assurances Legal Name and Address of Award Recipient Account County of New Hanover Clean Water State Revolving Fund (SRF) 230 Government Center Drive, Suite 195 State General Loan (SRL) [] Wilmington, NC 28403 State Emergency Loan (SEL) ❑ High Unit Cost Grant (SRG) Technical Assistance Grant ❑ State Project Number: E-SRF-T-14-0374 Federal Project Number: CS370426-08 Amendment Date Additional Amount CFDA Number: 66.458 Original Project Description: 1 Marquis Hills Project Sewer Extension z Total Financial Assistance Offer: 11,236,42 Principal Forgiveness: $0 Total Project Cost: $11,236,425 Interest Rate: 2% Per Annurn Maximum Loan Term: 20 Years Estimated 2%Closing Fee: $224,729 Consideration having been given by the Department of Environment and Natural Resources to the application submitted by the applicant pursuant to North Carolina General Statute 159G,(1)the applicant is an eligible unit of government, (2) the project meets the eligibility criteria for a State Loan or Grant, and (3)the project has been approved and certified by the Department of Environment and Natural Resources as being entitled to priorityfor State financial assistance, The Department of Environment and Natural Resources, acting on behalf of the State of Carolina, hereby offers the financial assistance described in this document. For The State of North Carolina: John E. Skvarla, III, Secretary North Carolina Department of Environment& Natural Resources /A -------------------------------- ---------------------------- Signature Date On Behalf of: County of New Hanover Name of Representative in Resolution: Title (Type or Print): I, the undersigned, being dulyauthorized to take such action, as evidenced bythe attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this State Loan or Grant offer and make the assurances and accept the conditions. --------------------------------------------------------------------------- •-------------------------------------------------- Signature Date board OT Commissioners Pleeting 11/04/2013 5- 1 -3 STANDARD CONDITIONS FOR FEDERAL SRF LOANS 1. The recipient shall comply with all provisions of the following Federal laws and authorities (super cross-cutters): (a) Title VI of the Civil Rights Act of 1964—42 U.S.C. §2000d (b) CFR 35.3145(c) (Civil Rights laws) and provide completed EPA 4700-4 form (c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972—33 U.S.C. §1251 (d) Section 504 of the Rehabilitation Act of 1973—29 U.S.C. §794 2. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. 3. Civil Rights and Labor Standard Requirements, and use of MBE (Minority Business Enterprise), WBE (Women's Business Enterprise), and Small Businesses: (a) Specific MBE/WBE (DBE) requirements are included in the SRF Special Conditions that are to be included in the contract specifications. Positive efforts shall be made by recipients,their consultants and contractors to utilize small businesses and minority-owned businesses for sources of supply and services. Such efforts should allow these sources the maximum feasible opportunity to compete for subagreements and contracts to be performed, utilizing Federal SRF funds. Documentation of efforts made to utilize minority and women-owned firms must be maintained by all recipients, consulting firms, and construction contractors, and made available upon request. (b) The recipient shall not award contracts to any firm that has been debarred for noncompliance from the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, as amended, or any firm that appears on the EPA's list of debarred firms. The recipient shall also comply with 40 CFR 32. (Complete the Debarment Certification in the SRF Special Conditions) (c) The recipient shall require all prime construction contractors, as part of their bid,to certify that subcontracts have not and will not be awarded to any firm that has been debarred for noncompliance from the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, as amended, or Executive Order 11246, as amended, or any firm that appears on the EPA's list of debarred firms. (Complete the Debarment Certification in the SRF Special Conditions for each Subcontractor) (d) The recipient shall require all contractors on the project to comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-946), under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). (e) The recipient shall ensure all contractors are in compliance with applicable Equal Employment Opportunity regulations. Board of Commissioners Meeting 11/04/2013 5- 1 -4 4. Acquisition of Real Property: The recipient shall comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-645), as amended, in regard to acquisition of all real property, (including easements), for the project covered by this loan, and any resulting relocation of persons, businesses, or farm operations. See Assurance 8. 5. Prompt Payment and Payment Retainage: It is the policy of the State of North Carolina to make timely periodic loan disbursements to the recipient, and to require the recipient to make prompt periodic payment on subagreements. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of incurred eligible costs, and subject to the recipient's compliance with the conditions of this loan and subsequent amendments; (a) The recipient agrees to make prompt payment to its contractor, and to retain only such amount as allowed by North Carolina General Statute. (b) The recipient agrees to include appropriate provisions in each construction contract, and to require the prime contractor to include them in all subcontracts, to implement this prompt payment requirement. 6. The construction contract(s) requires the contractor to adhere to Davis Bacon and Related Acts Provisions and Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5 (29 CFR 5.5). Public Law pertaining to this is also enacted in Title 40, United States Code,Subtitle II Section 3141 through Section 3148. ASSURANCES 1. The recipient acknowledges that in the event that a milestone contained in the most recent Clean Water State Revolving Fund Intended Use Plan and/or the Notice of Intent to Fund is not met,this State Loan or Grant offer will be rescinded by the Department of Environment and Natural Resources. 2. The final plans and specifications have or will be approved by the Division of Water Infrastructure and the applicant so notified, prior to the project being advertised or placed on the market for bids. 3. Eligible project expenses are as discussed in the North Carolina Clean Water SRF Program Guidance. Projects will not receive reimbursement for sales taxes.Sales taxes are deducted from project costs atthe 90% milestone in accordance with the SRF Program Guidance. 4. The applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the application and plans and specifications approved by the Division of Water Infrastructure. 5. The construction contract(s) requires the contractor to furnish performance and payment bonds,each of which is in an amount of not less than one hundred percentum (100%) of the contract price; and to maintain during the life of the contract(s) adequate fire, extended coverage, workmen's compensation, public liability, and property damage insurance. Board of Commissioners Meeting 11/04/2013 5- 1 -5 6. The construction of the project,Including the letting of contracts in connection therewith,conforms to the applicable requirements of State and local laws and ordinances. 7. Any change or changes in the approved plans and specifications or contract(s)which (has/have) made or will make any major alteration in the work required by the plans and specifications,or which increases the cost of the project above the latest estimate approved by the Department of Environment and Natural Resources, was or will be submitted to the Division of Water Infrastructure for approval. 8. The construction contract(s) provides that any duly authorized representative of the State will have access to the work whenever it is in preparation or progress,and that the contractor will provide proper facilities for such access and inspection. Further, any authorized representative of the State shall have access,for the purpose of audit and examination,to any books,documents, papers and records of the applicant that are pertinent to funds received under the Act; and the applicant shall submit to the Division of Water Infrastructure such documents and information as it may require in connection with the project. 9. The applicant will provide and maintain competent and adequate engineering supervision and inspection of the project to insure that the construction conforms with the approved plans and specifications. 10. The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural Resources that it has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights-of-way, to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the project prior to the authorization to award construction contracts. No loan disbursements will be made until dear site certificates are submitted. 11. At least thirty(30) days, shall be allowed from the first date of publication to the date of bid opening. 12.The Project Bid Information package, including MBE and WBE(DBE)requirements, must be submitted and approved prior to the State issuing an Authorization to Award letter. If the approval of the debt instrument for this loan is necessary for the applicant to award contracts, the completed Project Bid Information and supporting documentation must be delivered to the Division of Water Infrastructure a minimum of twenty (20) days prior to the award of contracts. 13. The recipient shall not award any contracts for construction until the Authority to Award is given by the State. Doing so, will be at the risk of the award recipient. 14. Recipient acknowledges that no loan disbursements will be made until the contract documents are submitted and approved.The recipient shall notify the State when contracts are awarded. 15. The recipient shall conduct a preconstruction conference, if applicable, for each construction contract in cooperation with the State, and, in accordance with guidelines which shall be furnished by the State. The State shall be invited to the conference. 16. The Local Government Commission will forward the debt instrument after total project costs are established in the Authority to Award Letter.The applicant must execute the debt instrument a minimum of ten (10) days prior to the request of disbursement of loan funds. 17, Recipient acknowledges that no Idndi9bQr9err€ei9ts'wfflEb§nrnade on the engineering planning and 11/04/2013 5- 1 -6 design or construction phase services until the contracts are submitted and approved. 18. Eligible small purchases estimated to exceed $10,000 require three informal bids for approval. 19. Within thirty(30) days of the date of completion of the project,the applicant will make available to the Construction Grants Section staff all requested project closeout items including final costs forthe purpose of making final adjustments to the Revolving Loan and debt instrument. 20. All principal payments will be made annually on or before May 1st.The first principal payment is due not earlier than six months after the original date of completion of the project.All interest payments will be made semiannually on or before May 1St and November 1st of each year.The first interest payment is due not earlier than six months after the original date of completion of the project. 21. In accordance with G.S. 159-26(b)(6),a capital project fund is required to account for all debt instrument proceeds used to finance capital projects.It is required that a capital project ordinance,in accordance with G.S. 159-13.2, be adopted by the governing board authorizing all appropriations necessary for the completion of the project. A copy of the approved ordinance must be submitted to this office before submitting the first reimbursement request. 22. Adequate accounting and fiscal records will be maintained during the construction of the project and these records will be retained and made available for a period of at least three (3) years following completion of the project. 23. All funds loaned pursuant to North Carolina General Statute 159G shall be expended solely for carrying out the approved project and an audit shall be performed in accordance with G.S. 159-34, as amended. The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party to the construction contract(s)and the loan recipient is expected to uphold its contract obligations regarding timely payment. See Standard Condition 5. 24. The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural Resources its ability to pay the remaining or ineligible cost of the project. Acknowledeement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environment and Natural Resources that the declarations,assurances, representations, and statements made by the applicant in the application; and all documents, amendments,and communications filed with the Department of Environment and Natural Resources by the applicant in support of its request for a loan will be fulfilled. ............................................................... ...................................... Signature Date Board of Commissioners Meeting 11/04/2013 5- 1 -7 North Carolina.Clean Water SRF Program Overview InhasVucture Finance Section Website:All required materials can be found at http://PQrtal.ncdenr.oi,g,/w�b�/�W,"�Lif Jfa p SummaryoftheApplimdonlProcess * Submit Application by Deadline. Please review the attached information on eligible costs. * Notice of Intent to Fund letters mailed within 30 calendar days.Section 1, Funding Phase,applies.Recipients of this letter move on to the next three steps: • Engineering Report Submittal • Permitting/Plans&Specifications • Contracting-See sections 11&III contracting,construction and reimbursements. Dm*dm-1 of ftiect%—asss I.FUNDING PHASE A)Applicadon Applications for State Revolving Fund(SRF)loan assistance may be downloaded from the Construction Grants and Loans(CG&L)Section website.The following forms,constitute a complete application package: * Common Application (5 pages) a Complete signed DEN R Appendix with appropriate boxes checked * Resolution with Certification of Recording Officer(sample included with Appendix) 9 Water and Sewer Rate Form(Included With Appendix,N/A for Stormwater Projects) 0 Priority Point sheet with supporting documentation for the SRF program, 0 Form LGC 108A(Download all LGC forms separately from the DENR website) 0 Form LGC 108 C(Wastewater Projects)or LGC 108D or 108E(Stormwater Projects) Q PLEASE NOTE-an Ergineering Report will onlybe required if project is appro%QdfbrfundIng. The DENR Clean Water Appendix download contains additional instructions,a Sample Resolution and the Water and Sewer Rate form.Local Government Commission (LGC)Forms 108A,and 108C,108D or 108E as required may be downloaded separately from the same web page.The Priority Rating Sheet and Guidance are separate downloads from the DENR website. Interest rates for loans are set on March 31st of each year at Y2the 20-year bond buyers index.The LGC sets the loan term with a maximum term of 20 years.The LGC meets on the first Tuesday of each month.Applicadons that score enough points in ft Pdoft Rating System will haw their applicadons forwarded to the LGCafberreoeMnga notification of interfttDftmd the project This approval is required to ensure that the unit of government has the ability to repay borrowed funds. Board of Commissioners Meeting 11/04/2013 5- 1 -8 }Loan Offer After approval of the Loan Application by the LGC,a formal Loan Offer is prepared.The rate and term of the loan are included in this document.The term is set by the LGC and the rate used is what was in effect at that time(determined on the previous March 31"),For practical purposes the rate given is what was in effect when applications were due.Two copies of the Loan Offer are mailed to recipients with several attachments(including this guidance).The loan recipient should sign and return one copy to CG&L with a resolution accepting the loan offer and keep the other copy for their files. In the event of bids that exceed the project budget,a loan increase for up to 10%but not over$500,000 dollars can be authorized without additional approval of the LGC. Amounts above these require a modified application to be submitted to CG&L for LGC approval.The SRF 2%Closing Fee is invoiced when bids are approved(paragraph II A below).It is due 30 days from when it is dated.The first project reimbursement will not be approved until the closing fee is received. II. A)Audiorlty to Award(ATA) The contracts may be advertised as soon as plans&specifications are approved and permits are issued. NC General Statutes require the project to be advertised for 7 days, however the Infrastructure Finance section requires projects to be advertised for 30 days. For the initial advertisement period,three bids must be received in order for an award to be made.The Plans&Specifications approval letter has the Project Bid Information form attached.It and the other information described in it must be submitted to and approved by this office before contracts can be awarded.This information is as follows: Project Bid Information Form,signed by authorized representative Bid tabulation,sealed by the consulting engineer Proposals of the successful bidders Tentative award resolution from loan recipient subject to CG&L's approval Engineer's recommendation Proof of Advertisement Debarment Certification . MBE/WBE requirements.(Detailed guidance on the webste) Note�Asset Management Plan must be appmved ff points were claimed on the funding application and all addenda must be approved before the ATA letter will be issued. Please n , the second reimbursement,these additional documents will be required. nni Services.(Detailed Guidance later in this document) a EPA 4700 compliance fbrm(found on website). • Gear Site Certificates(found on website). • Capital Project Ordinence(ai5 ui. b�+GS 155-13.2) oard o o missio ers Meeting 11/04/2013 5- 1 -9 l This is the last step before a promissory note will be drawn up and funds can be reimbursed.Approval of contracts requires the following: Contract must be fully executed W Notice to Proceed must be executed by owner and contractor Bonds must be dated on or after contract date Original power of attorney must be dated on or after bonds Insurance must be current All documents must be bound with the specifications ,, InsIxEdons Coordinate the Preconstruction Conference with the Inspector assigned to project. Inspections ensure conformance with approved plans&specs,ensure eligibility of changes to the project,monitor safe construction practices and environmental compliance and conformance with programmatic conditions. B)ftrnl[ssory Note A promissory note is requested after Construction Contract approval.This enables funds to be disbursed for the project.This amount and what it covers,is detailed in the ATA letter. It is issued by the LGC at the request of the Infrastructure Finance Section.A new note will be issued at project completion based on funds actually used. C)Reimbu -General Infiormatian(. ) Forms can be found online,A sample was included with the Loan Offer Please limit requests for reimbursement to one per month.Checks are cut by the State only once per week, All items must be approved in advance before being reimbursed. One copy of the following information is required for reimbursements: • Reimbursement request form with original signature. • Contractor monthly estimates • Engineering invoices • Invoices for any other approved costs(force account,equipment,testing) • Eligible land cost reimbursement requires a receipt indicating fair market value has been deposited with the Court,an appraisal indicating fair market value,and a copy of an offer to purchase the land. Indicate cumulative totals on the reimbursement form As noted in the Loan Offer Assurances,sales taxes will be deducted from loan proceeds at the 9096 milestone,but the Loan Recipient may opt to deduct them with each reimbursement request.Sales Taxes are reimbursed by the NC Department of Revenue. }First Payrnent The Promissory Note M eR 1C �LAV*ant and a copy received 11/04/2013 bytheSection. 5- 1 - 10 E)Second Payment Capital Project Ordinance required 4700 Form Site Certificates by Owner and Title Counsel Engineering Contracts if payment is sought. F) payment milestone o All sales tax certificates must be submitted. Monthly tax reports should have been sent with reimbursements,but taxes are not withheld until now. G)95%Milestone-Project Closeout and Final Reimbursement Final payment(or beyond 95%)requires the following: General The inspector must issue final inspection report signifying that project is complete and all concerns have been satisfied and all change orders must have been submitted. Submit to Leslie Rogers C All final invoices showing zero retainage must be submitted. Submit to Pam Whitle Engineers and Owner certifications. Signed Closeout Checklist. Form 6100-2 IV.REPAYMWrPHASE Repayments will be reflected in the final promissory note and will be for the actual funds borrowed.Repayments by the recipient begin on the May 1t or the November 1st that is between 6 months and 12 months after original project completion in the notice to proceed.The May 1st payment includes principal and interest and the November 1st payment is only interest.Interest begins to accrue from the date of completion on the Notice to Proceed.(Le.,no interest during the originally planned construction period)For multi-prime contracts the General contract will be used to set this date. Board of Commissioners Meeting 11/04/2013 5- 1 - 11 , ble-BIPUMS - I Generally,project eligibility is defined under Sections 212,319 and 320 of the Clean WaterAct.This has historically excluded collection systems intended only to serve growing areas.In 2007,EPA issued the"White Paper"which explored eligible costs in an effort to increase the flexibility of what the SRF program can fund. Anything to be reimbursed must be approved by this office.This includes formal construction bids,small purchases,engineering contracts and engineering amendments,and change orders. I.Construction Projects A.Project elements not essential for treating wastewater are not eligible . B. If preference is given to a brand,it must be bid as a preferred alternate and any cost increase above the base bid is not eligible. C.The SRF will pay to restore project related items such as road patching,sidewalks and seeding. ii.Engineering and Technical Services A.Planning and Design Contracts Calculated after bids using the bid prices and EPA allowance curves Must include task descriptions 1. Planning Tasks Facility Plan/Engineering Report preparation. Environmental Assessment Preliminary Planning Preliminary Design Rate analysis Alternative Analysis 2. Design Tasks Surveying for Plan Map(maybe pulled out from design curve with sufficient justification) Final Design 3. Other(not included in allowance but need quotes to pay) Soils Report(Geotechnical Report) Hydro-geologic Report(For facilities that land apply) Any mark-up by primary A/E is still subject to the allowance curve. B.Construction Administration and Inspection Construction Inspection is required by the Loan Offer Price should be cost plus fixed fee or per diem with a ceiling.This fee schedule should be in the contract. * Task Description should be included Note-Invoices must included hours, rate and task Time Frame for Performance included Payment provisions included Loan Administration contracts(COG's,etc.).Hourly rate are not required but a task description or list of services is required and a fee ceiling. Contract must be amended to pay beyond the ceiling.Must be a Board of Commissioners Meeting corresponding change order. 11/04/2013 5- 1 - 12 Inspection fees are only eligible when they cover eligible construction work. This applies to change orders too. 1.Construction Ad mi nistration.typical tasks Attend various meetings and conferences Provide copies of plans and specs for owner an contractor Sometimes bidding,addenda,tabulation of bids, recommendation,sometimes this is broken out separately o Review shop drawings Review field tests Interpret intent of drawings Establish benchmarks(but not actual staking) Preconstruction Conference Review of Payment Applications Prepare Change Orders Coordinate with DWQ Sometimes 0&M manual included here * Provide As-Builts to the owner Start-up sometimes included here C.Other items broken out separately.These may be paid as lump sums Bidding o Construction Testing Services(Concrete,Geotechnical etc.) Record Drawings * TV and Clean Startup Services u O&M Manuals D.Engineering Amendments Typically if the days in the associated change order were deemed eligible then the associated days in the amendment are eligible for reimbursement. When change order work is not the reason for an amendment,a case by case decision will be made. III.Other Eligible CoZ Legal-Legal fees for contract review and for advertisements etc. 49 Real Property-SRF pays costs associated with real property acquisition but not the cost of the real property itself unless it is integral to wastewater treatment(e.g.land for spray irrigation).Costs for appraisals shall be limited to$1,000.This is based on typical market rates and may be adjusted from time to time.This limit is deemed high enough to account for MAI status,commercial properties,availability of an appraiser,etc. • Soil Testing-Will pay up to$10,000 in invoices w/o requiring a contract. (when not performed by the engineer).Can also be approved as part of the engineering contract. • Preparation of applications and permits required by Federal,State or local regulations or procedures.(40 CFR Pt 35,Subpt.I,App A,H,2,b.) Permits imposed bythe local unit such as building permits are not eligible. Board of Commissioners Meeting 11/04/2013 5- 1 - 13 REIMBURSEMENT Division of Water Quality Project No. Infrastructure Finance Section Period Covered by this Report-From TO SRF-Federal,ARRA SEL,SRL,SRG,-State Recipient Organization Name: Payment No. Address: Page No. of City, State & Zip: Please Label Each Column E-L;Inple CCfumn Lr(als We separ&e column for each con-rent. :Use additional sh °is it need--,!. Contract#1, Contract#2, Use a°ib,rsc."column G'necdet: € Engineer ABC Cosst. Co. XYZ Utility Inc. :............................................................................: Classification of A B C Total Admin&Legal Land Costs Design Fees Allowance En is Fees Admin Ins ection Fees Construction Cost Equipment Misc. Deductions income Total Cumulative to date Previous Received Amount Requested Percent Complete Certification I certify that to the best of my knowledge and belief the billed costs or disbursements are in accordance with terms of the project and that the request for payment represents the monies due which have not been previously requested and that an inspection has been performed and all work is in accordance with the terms of the award. I further certify that the will expend all of the requisitioned loan proceeds for the purpose of paying costs of the project within three(3)banking days after receipt of such funds from the state. Further, I certify that Davis Bacon Reauirments for SRF Projects have been met, and that Certified Payroll records are being submitted by the contractor and kept on file by engineer and owner. Recipient Signature of Authorized Representative Date Type or Print No H i ommissioners Meeting 11/04/2013 5- 1 - 14 FEDERAL ID REQUEST MEMO TO: All Loan and Grants Recipients SUBJECT: Federal Identification Number Please be advised that all local government units receiving grant or loan funds from the State of North Carolina must supply their Federal Identification Number to this office upon acceptance of your loan/grant offer. Therefore, please provide the information below and return to: Ms. Leslie Rogers Infrastructure Finance Section Division of Water Quality 1633 Mail Service Center Raleigh, North Carolina 27699-1633 REC!PIENT: PROJECT NUMBER: FEDERAL IDENTIFICATION N ER: Board of Commissioners Meeting 11/04/2013 5- 1 - 15 (Suggested Format) RESOLUTION Y GOVERNING BODY OF APPLICANT WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, water conservation projects,and WHEREAS, the North Carolina Department of Environment and Natural Resources has offered a(State Revolving Loan, Grant,or State Bond Loan)in the amount of$ for the construction of(project description),and WHEREAS, the(unit of government)intends to construct said project in accordance with the approved plans and specifications, NOW,THEREFORE,BE IT RESOLVED BY THE(GOVERNING BODY)OF THE(UNIT OF GOVERNMENT): That(unit of government)does hereby accept the(State Revolving Loan,Grant,or State Bond Loan) offer of$ That the(unit of government)does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the(loan or grant)offer,Section U- Assurances will be adhered to. That(name and title of authorized representative),and successors so titled,is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project;to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That(unit of government)has substantially complied or will substantially comply with all Federal,State and local laws,rules,regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the (date adopted)at(place),North Carolina. (Signature of Chief Executive Officer) Date Board of Commissioners Meeting 11/04/2013 5- 1 - 16 FORM Approved By OMB:No. 2030-0020 Expires 12-31-2011. United States Environmental Protection Agency Washington,DC 20460 Preaward•Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note:Read ins ons on other side before comvletine form. I. Applicant/Recipient(Name,Address,State,Zip Code). DUNS No. H. Is the applicant currently receiving EPA assistance? III. List all civil rights lawsuits and administrative complaints pending against the applicantfrecipient that allege discrimination based on race, color,national origin,sex,age,or disability. (Do not include employment complaints not covered by 40 C.F.R.Parts 5 and 7. See instructions on reverse side.) IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race,color,national origin,sex,age,or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R.Parts 5 and 7. See instructions on reverse side.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions,orders,or agreements based on the review. Please describe any corrective action taken. (40 C.F.R.§7.80(c)(3)) VI. Is the applicant requesting EPA assistance for new construction? If no,proceed to VII;if yes,answer(a)and/or(b)below. a.If the grant is for new construction,will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? If yes,proceed to VII;if no,proceed to VI(b). b.If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and usable by persons with disabilities,explain how aregulatory exception 40 C.F.R.§7.70 lies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discrin inate on the basis of race,color,national origin,sex, age,or disability in its programs or activities? (40 C.F.R. §5.140 and§7.95) a.Do the methods of notice accommodate those with impaired vision or bearing? b.Is the notice posted in a prominent place in the applicant's offices or facilities or,for education programs and activities,in appropriate periodicals and other written communications? c.Does the notice identify a designated civil rights coordinator? VIII.'•` Does the applicant/recipieut maintain demographic data on the race,color,national origin,sex,age,or handicap of the population it serves? (40 C.F.R.§7.85(a)) IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R.Part 7,E.O. 13166) X. If the applicant/recipient is an education program or activity,or has 15 or more employees,has it designated an employee to coordinate its compliance with 40 C.F.R.Parts 5 and 7? Provide the name,title,position,mailing address,e-mail address,fax number,and telephone number of the designated coordinator. XI* If the appliLant/recipient is an education program or activity,or has 15 or more employees,has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R.Parts 5 and 7? Provide a legal citation or Internet address for,or a copy of,the procedures. For the ApplicantlRecipient I certify that the statements I have made on this form and all attachments thereto are true,accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A.Signature of Authorized Official B.Title of Authorized Official C.Date For the U.S.Environmental Protection Agency I have reviewed the:information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all preaward compliance information required by 40 C.F.R,Parts 5 and 7;that based on the information submitted,this application satisfies the preaward provisions of 40 C.F.R.Parts 5 and 7;and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official B.Title of Authorized EPA Official C.Date See**note on reverse side. Bard of Commissioners Meeting EPA Form 4700-4(Rev. 03/2008).Previous editions are obsolete. 5- 1 - 17 Instructions for EPA FORM 47004(Rev.03/2008) General Items Recipients of Federal financial assistance from the U.S. "Applicant"means any entity that tiles an application or unsolicited Environmental Protection Agency must comply with the following proposal or otherwise requests EPA assistance..40 C.F.R.§§5.105, statutes and regulations. 7.25. Title VI of the Civil Rights Acts of 1964 provides that no person in "Recipient"means any entity,other than applicant,which will actually the United States shall,on the grounds of race,color,or national receive EPA assistance. 40 C.F.R. §§5.105,7.25. origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity "Civil rights lawsuits and administrative complaints"means any receiving Federal financial assistance. The Act goes on to explain lawsuit or administrative complaint alleging discrimination on the that the statute shall not be construed to authorize action with respect basis of race,color,national origin,sex,age,or disability pending or to any employment practice of any employer,employment agency,or decided against the applicant and/or entity which actually benefits labor organization(except where the primary objective of the Federal from the grant,but excluding employment complaints not covered by financial assistance is to provide employment). 40 C.P.R.Parts 5 and 7. For example,if a city is the named applicant but the grant will actually benefit the Department of Sewage,civil Section_13 of the 1972 Amendments to the Federal Water Pollution rights lawsuits involving both the city and the Department of Sewage Control Act provides that no person in the United States shall on the should be listed. ground of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under the Federal Water "Civil rights compliance review"means any review assessing the Pollution Control Act,as amended. Employment discrimination on applicant's and/or recipient's compliance with laws prohibiting the basis of sex is prohibited in all such programs or activities. discrimination on the basis of race,color,national origin,sex,age,or disability. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States Submit this form with the original and required copies of applications, shall solely by reason of disability be excluded from participation in, requests for extensions,requests for increase of funds,etc. Updates of be denied the benefits of,or be subjected to discrimination under any information are all that are required after the initial application program or activity receiving Federal financial assistance. submission. Employment discrimination on the basis of disability is prohibited in all such programs or activities. If any item is not relevant to the project for which assistance is requested,write"NA"for"Not Applicable." The Ace Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program In the e-ent applicant is uncertain about how to ansx�ver amr�questign�s, or activity receiving Federal financial assistance. Employment EPA program officials should be contacted for clarification, discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act *Questions VII—XI are for informational use only and will not affect administered by the Equal Employment Opportunity Commission. an applicant's grant status. However,applicants should answer all questions on this form. (40 C.F.R.Parts 5 and 7), Title IX of the Education Amendments of 1972 provides that no person in the United States on the basis of sex shall be excluded from * Note:Signature appears in the Approval Section of the EPA participation in,be denied the benefits of,or be subjected to Comprehensive Administrative Review For Grants/Cooperative discrimination under any education program or activity receiving Agreements&Continuation/Supplemental Awards form. Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Approval indicates,in the reviewer's opinion,questions I—VI of Form Note:an education program or activity is not limited to only those 4700-4 comply with the preavoard administrative requirements for EPA conducted by a formal institution. assistance. 40 C.F.R.Part 5 implements Title IX of the Education Amendments `Burden Disclosure Statement" of 1972. EPA estimates public reporting burden for the preparation of this form 40 C.F.R.Part 7 implements Title VI of the Civil Rights Act of 1964, to average 30 minutes per response. This estimate includes the time Section 13 of toe'1972 Amendments to the Federal Water Pollution for reviewing instructions,gathering and maintaining the data needed Control Act,and Section`504 of The Rehabilitation Act of 1973. and completing and reviewing the form. Send continents regarding the burden estimate,including suggestions for reducing this burden,to The Executive Order 13166(E.O. 13166)entitled; "Improving U.S.EPA,Attn:Collection Strategies Division(MC 2822T),Office of Access to Services for Persons with Limited English Proficiency" Information Collection, 1200 Pennsylvania Ave.,NW,Washington, requires Federal agencies work to ensure that recipients of Federal D.C.20460;and to the Office of Information and Regulatory Affairs, financial assistance provide meaningful access to their LEP Office of Management and Budget,Washington,D.C.20503. applicants and beneficiaries. The information on this form is required to enable the U.S. Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects,programs and activities on a nondiscriminatory basis as required by the above statutes and regulations. Board of Commissioners Meeting 11/04/2013 5- 1 - 18 CDENR North Carolina nt of Environment and ur I Resources Division of t r Infrastructure Pat c0 Kim Colson, P. E. John Skvarla III Governor Acting Director Secretary October 8, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ted Davis,Jr., Chairman Board of Commissioners County of New Hanover 230 Government Center Drive, Suite 195 Wilmington, NC 28403 SUBJECT: Offer and Acceptance for a State Loan Project No. CS370426-07 Heritage Park Area Sewer Installation Dear Mr. Davis: The County of New Hanover has been approved for loan assistance from the Clean Water State Revolving Fund in the amount of$5,725,759. Enclosed are two (2) copies of an Offer and Acceptance Document extending a State Revolving loan in the amount of$ 5,725,759. This offer is made subject to the assurances and conditions set forth in the Offer and Acceptance Document. Please submit the following items to Don Evans, Division of Water Infrastructure, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 within forty-five (45) days of receipt. 1. A resolution adopted by the governing body accepting the loan offer and making the applicable assurances contained therein. (Sample copy attached) 2. One (1) copy of the original Offer and Acceptance Document executed by the authorized representative for the project, along with the signed "Standard Conditions for the Federal SRF loans". Retain the other copy for your files. 3. Federal Identification Number of the Recipient (Memo attached) 4. EPA Form 4700-4 1033 Mail Service Center,Ral h,North Carolina 27699-16S9 Location:512 N Salisbury Street.Raleigh,North Carolina 27304 Phone:919-707-9100 t :919-715.9229 N06LCarohna An Equal Opportunity 4 Affirmative Action Employer NaAmally Board of Commissioners Meeting 11/04/2013 5-2- 1 Mr. Ted Davis,Jr. October 8, 2013 Page 2 On behalf of the Department of Environment and Natural Resources, I am pleased to make this offer of State Revolving Loan funds made available by North Carolina Water Infrastructure Fund and the Federal Clean Water Act Amendments of 1987. Sincerely, Mark L. Hubbard, P.E., Assistant Chief Division of Water Infrastructure Enclosures: Loan Offer and Acceptance Document (2 copies) Guidance Document Reimbursement Request form Fed ID Request Form EPA Form 4700-4 Resolution to accept Loan offer (suggested format) cc: Chris Coudriet, County Manager PMB SRF Board of Commissioners Meeting 11/04/2013 5-2-2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER INFRASTRUCTRE State Loan or Grant Offer and Acceptance This Offer must be accepted, if at all,within forty-five(45)days of receipt. This Offer is made subject to the attached Standard Conditions and Assurances Legal Name and Address of Award Recipient Account County of New Hanover Clean Water State Revolving Fund (SRF) 230 Government Center Drive, Suite 195 State General Loan (SRL) ❑ Wilmington, NC 28403 State Emergency Loan (SEL) ❑ High Unit Cost Grant (SRG) ❑ Technical Assistance Grant ❑ State Project Number: E-SRF-T-14-0373 Federal Project Number: CS370426-07 Amendment Date Additional Amount CFDA Number: 66.458 Original Project Description: 1 Heritage Park Area Sewer Installation to Replace 2 Failing Septic Tanks Total Financial Assistance Offer: 5,725,75 Principal Forgiveness: $0 Total Project Cost: $5,725,759 Interest Rate: 2% Per Annum Maximum Loan Term: 20 Years Estimated 2%Closing Fee: $114,515 Consideration having been given by the Department of Environment and Natural Resources to the application submitted by the applicant pursuant to North Carolina General Statute 159G, (1)the applicant is an eligible unit of government, (2) the project meets the eligibility criteria for a State Loan or Grant, and (3)the project has been approved and certified by the Department of Environment and Natural Resources as being entitled to priorityfor State financial assistance, The Department of Environment and Natural Resources, acting on behalf of the State of North Carolina, hereby offers the financial assistance described in this document. For The State of North Carolina: John E. Skvarla, III,Secretary North Carolina Department of Environment& Natural ResouT-ces 4�/2/1 Sig ature Date e On Behalf of: County of New Hanover Name of Representative in Resolution: Title (Type or Print): I,the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this State Loan or Grant offer and make the assurances and accept the conditions. ................... ------------------------------..------------------- ---- ------------------------------------------- -. Signature Date board of ommissioners ee 1ng 11/04/2013 5-2-3 STANDARD CONDITIONS FOR FEDERAL SRF LOANS 1. The recipient shall comply with all provisions of the following Federal laws and authorities (super cross-cutters): (a) Title VI of the Civil Rights Act of 1964—42 U.S.C. §2000d (b) CFR 35.3145(c) (Civil Rights laws) and provide completed EPA 4700-4 form (c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972—33 U.S.C. §1251 (d) Section 504 of the Rehabilitation Act of 1973—29 U.S.C. §794 2. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. 3. Civil Rights and Labor Standard Requirements, and use of MBE (Minority Business Enterprise), WBE (Women's Business Enterprise), and Small Businesses: (a) Specific MBE/WBE (DBE) requirements are included in the SRF Special Conditions that are to be included in the contract specifications. Positive efforts shall be made by recipients, their consultants and contractors to utilize small businesses and minority-owned businesses for sources of supply and services. Such efforts should allow these sources the maximum feasible opportunity to compete for subagreements and contracts to be performed, utilizing Federal SRF funds. Documentation of efforts made to utilize minority and women-owned firms must be maintained by all recipients, consulting firms, and construction contractors, and made available upon request. (b) The recipient shall not award contracts to any firm that has been debarred for noncompliance from the Federal Labor Standards, Title Vl of the Civil Rights Act of 1964, as amended, or any firm that appears on the EPA's list of debarred firms. The recipient shall also comply with 40 CFR 32. (Complete the Debarment Certification in the SRF Special Conditions) (c) The recipient shall'require all prime construction contractors, as part of their bid, to certify that subcontracts have not and will not be awarded to any firm that has been debarred for noncompliance from the Federal Labor Standards,Title VI of the Civil Rights Act of 1964, as amended, or Executive Order 11246, as amended, or any firm that appears on the EPA's list of debarred firms. (Complete the Debarment Certification in the SRF Special Conditions for each Subcontractor) (d) The recipient shall require all contractors on the project to comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-946), under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). (e) The recipient shall ensure all contractors are in compliance with applicable Equal Employment Opportunity regulations. Board of Commissioners Meeting 11/04/2013 5-2-4 4. Acquisition of Real Property: The recipient shall comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-646), as amended, in regard to acquisition of all real property, (including easements), for the project covered by this loan, and any resulting relocation of persons, businesses, or farm operations. See Assurance 8. 5. Prompt Payment and Payment Retainage: It is the policy of the State of North Carolina to make timely periodic loan disbursements to the recipient, and to require the recipient to make prompt periodic payment on subagreements. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of incurred eligible costs, and subject to the recipient's compliance with the conditions of this loan and subsequent amendments; (a) The recipient agrees to make prompt payment to its contractor, and to retain only such amount as allowed by North Carolina General Statute. (b) The recipient agrees to include appropriate provisions in each construction contract, and to require the prime contractor to include them in all subcontracts, to implement this prompt payment requirement. 6. The construction contract(s) requires the contractor to adhere to Davis Bacon and Related Acts Provisions and Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5(29 CFR 5.5). Public Law pertaining to this is also enacted in Title 40, United States Code,Subtitle II Section 3141 through Section 3148. :..��uuu�.w.,vuuw�.�,�......�vuvuvuvuvuvuvuvuvuu� ASSURANCES 1. The recipient acknowledges that in the event that a milestone contained in the most recent Clean Water State Revolving Fund Intended Use Plan and/or the Notice of Intent to Fund is not met,this State Loan or Grant offer will be rescinded by the Department of Environment and Natural Resources. 2. The final plans and specifications have or will be approved by the Division of Water Infrastructure and the applicant so notified, prior to the project being advertised or placed on the market for bids. 3. Eligible project expenses are as discussed in the North Carolina Clean Water SRF Program Guidance. Projects will not receive reimbursement for sales taxes.Sales taxes are deducted from project costs at the 90% milestone in accordance with the SRF Program Guidance. 4. The applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the application and plans and specifications approved by the Division of Water Infrastructure. 5. The construction contract(s) requires the contractor to furnish performance and payment bonds,each of which is in an amount of not less than one hundred percentum (100%) of the contract price; and to maintain during the life of the contract(s)adequate fire, extended coverage,workmen's compensation, public liability, and property damage insurance. Board of Commissioners Meeting 11/04/2013 5-2-5 6. The construction of the project,including the letting of contracts in connection therewith,conforms to the applicable requirements of State and local laws and ordinances. 7. Any change or changes in the approved plans and specifications or contract(s)which (has/have)made or will make any major alteration in the work required bythe plans and specifications,orwhich increases the cost of the project above the latest estimate approved by the Department of Environment and Natural Resources, was or will be submitted to the Division of Water Infrastructure for approval. 8. The construction contract(s) provides that any duly authorized representative of the State will have access to the work whenever it is in preparation or progress, and that the contractor will provide proper facilities for such access and inspection. Further,any authorized representative of the State shall have access,for the purpose of audit and examination,to any books,documents,papers and records of the applicant that are pertinent to funds received under the Act; and the applicant shall submit to the Division of Water Infrastructure such documents and information as it may require in connection with the project. 9. The applicant will provide and maintain competent and adequate engineering supervision and inspection of the project to insure that the construction conforms with the approved plans and specifications. 10.The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural Resources that it has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights-of-way, to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the project prior to the authorization to award construction contracts. No loan disbursements will be made until clear site certificates are submitted. 11. At least thirty(30) days, shall be allowed from the first date of publication to the date of bid opening. 12. The Project Bid Information package, including MBE and WBE(DBE)requirements, must be submitted and approved prior to the State issuing an Authorization to Award letter. If the approval of the debt instrument for this loan is necessary for the applicant to award contracts, the completed Project Bid Information and supporting documentation must be delivered to the Division of Water infrastructure a minimum of twenty (20) days prior to the award of contracts. 13. The recipient shall not award any contracts for construction until the Authorityto Award is given by the State. Doing so,will be at the risk of the award recipient. 14. Recipient acknowledges that no loan disbursements will be made until the contract documents are submitted and approved. The recipient shall notify the State when contracts are awarded. 15. The recipient shall conduct a preconstruction conference, if applicable,for each construction contract in cooperation with the State, and, in accordance with guidelines which shall be furnished by the State.The State shall be invited to the conference. 16. The Local Government Commission will forward the debt instrument after total project costs are established in the Authorityto Award Letter.The applicant must execute the debt instrument a minimum of ten (10) days prior to the request of disbursement of loan funds. 17. Recipient acknowledges that no Id�avrdi9W(rs @iPM vMeb ade on the engineering planning and 11/04/2013 5-2-6 design or construction phase services until the contracts are submitted and approved. 18. Eligible small purchases estimated to exceed $10,000 require three informal bids for approval. 19. Within thirty(30) days of the date of completion of the project,the applicant will make available to the Construction Grants Section staff all requested project closeout items including final costs forthe purpose of making final adjustments to the Revolving Loan and debt instrument. 20. All principal payments will be made annually on or before May 1st.The first principal payment is due not earlier than six months after the original date of completion of the project.All interest payments will be made semiannually on or before May 15t and November 15t of each year.The first interest payment is due not earlier than six months after the original date of completion of the project. 21. In accordance with G.S. 159-26(b)(6),a capital project fund is required to account for all debt instrument proceeds used to finance capital projects. It is required that a capital project ordinance,in accordance with G.S. 159-13.2, be adopted by the governing board authorizing all appropriations necessary for the completion of the project. A copy of the approved ordinance must be submitted to this office before submitting the first reimbursement request. 22. Adequate accounting and fiscal records will be maintained during the construction of the project and these records will be retained and made available for a period of at least three (3) years following completion of the project. 23. All funds loaned pursuant to North Carolina General Statute 159G shall be expended solely for carrying out the approved project and an audit shall be performed in accordance with G.S. 159-34, as amended.The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party to the construction contract(s)and the loan recipient is expected to uphold its contract obligations regarding timely payment. See Standard Condition 5. 24. The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural Resources its ability to pay the remaining or ineligible cost of the project. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environment and Natural Resources that the declarations,assurances, representations,and statements made by the applicant in the application;and all documents,amendments,and communications filed with the Department of Environment and Natural Resources by the applicant in support of its request for a loan will be fulfilled. .............................................. ................ .................................. .... Signature Date Board of Commissioners Meeting 11/04/2013 5-2-7 North Carolina Clean Water SRF Program Overview Infrastructure Finance ite:All required materials can be found at http://oor al.ncdenr.o_r /web/w its fan a s SummaryoftheAppiladjori • Submit Application by Deadline.Please review the attached information on eligible costs. • Notice of Intent to Fund letters mailed within 30 calendar days.Section I, Funding Phase,applies.Recipients of this letter move on to the next three steps: • Engineering Report Submittal • Permitting/Plans&Specifications • Contracting-See sections II&III contracting,construction and reimbursements. D00#0W of ftjed Phases 1.FUNDING PHASE A)Applicadon Applications for State Revolving Fund(SRF)loan assistance may be downloaded from the Construction Grants and Loans(CG&L)Section website.The following forms,constitute a complete application package: Common Application (5 pages) Complete signed DENR Appendix with appropriate boxes checked IV Resolution with Certification of Recording Cif iicer(sample included with Appendix) Water and Sewer Rate Form(Included with Appendix,N/A for Stormwater Projects) Priority Point sheet with supporting documentation for the SRF program. Form LGC 108A(Download all LGC forms separately from the DENR website) } Form LGC 108 C(Wastewater Projects)or LGC 108D or 108E(Stormwater Projects) NOTE-PLEASE an EngineeringRepertwill NVourproject is 4pavedfbrfunding. The DENR Clean Water Appendix download contains additional instructions,a Sample Resolution and the Water and Sewer Rate form.Local Government Commission (LGC)Forms 108A,and 108C,108D or 108E as required may be downloaded separately from the same web page.The Priority Rating Sheet and Guidance are separate downloads from the DENR website. Interest rates for loans are set on March 31st of each year at%the 20-year bond buyers index.The LGC sets the loan term with a maximum term of 20 years.The LGC meets on the first Tuesday of each month.Applications that score enough in the Pr1cft Rating System will have their applications forwarded to the ° a notification of intenttofund the project.This approval is required to ensure that the unit of government has the ability to repay borrowed funds. Board of Commissioners Meeting 11/04/2013 5-2-8 Loan Offer After approval of the Loan Application by the LGC,a formal Loan Offer is prepared.The rate and term of the loan are included in this document.The term is set by the LGC and the rate used is what was in effect at that time(determined on the previous March 315').For practical purposes the rate given is what was in effect when applications were due.Two copies of the Loan Offer are mailed to recipients with several attachments(including this guidance).The loan recipient should sign and return one copy to CG&L with a resolution accepting the loan offer and keep the other copy for theirfles. In the event of bids that exceed the project budget,a loan increase for up to 10%but not over$500,000 dollars can be authorized without additional approval of the LGC. Amounts above these require a modified application to be submitted to CG&L for LGC approval.The SRF Z%CIWng Fee is invoiced when bids are approved(paragraph II A below).It is due 30 days from when it is dated.The first project reimbursement will not be approved until the closing fee is received. II.CO A) to Award(ATA) The contracts may be advertised as soon as plans&specifications are approved and permits are issued. NC General Statutes require the project to be advertised for 7 days, howeverthe Infrastructure Finance section requires projects to be advertised for 30 days.For the initial advertisement period,three bids must be received in order for an award to be made.The Plans&Specifications approval letter has the Project Bid Information form attached.It and the other information described in it must be submitted to and approved by this office before contracts can be awarded.This information is as follows: e Project Bid Information Form,signed by authorized representative Bid tabulation,sealed by the consulting engineer Proposals of the successful bidders o Tentative award resolution from loan recipient subject to CG&L's approval Engineer's recommendation C Proof of Advertisement o Debarment Certification # MBE/WBE requirements.(Detailed guidance on the website) Note, n Plan must be approved if points claimed on the funding application and all addenda must be approved before the ATA letter will be issued. Please not,bythe second reimbursement,these additional documents will be required. • Er**eringCbntractsfbrPlann11rWand Design and Constuction Phase Services.(Detailed Guidance later in this document) • EPA 4700 compliance form(found on website). • Clear Site Certificates(found on website). c} • Capital Project ingip Pfd( umi Obyer r s 4ee�t,'3'2) 11/04/2013 5-2-9 } This is the last step before a promissory note will be drawn up and funds can be reimbursed.Approval of contracts requires the following: Contract must be fully executed Notice to Proceed must be executed by owner and contractor Bonds must be dated on or after contract date Original power of attorney must be dated on or after bonds Insurance must be current o All documents must be bound with the specifications III. N F Ay Inspections Coordinate the Preconstruction Conference with the Inspector assigned to project. Inspections ensure conformance with approved plans&specs,ensure eligibility of changes to the project,monitor safe construction practices and environmental compliance and conformance with programmatic conditions. B)Promissay Note A promissory note is requested after Construction Contract approval.This enables funds to be disbursed for the project.This amount and what it covers,is detailed in the ATA letter.It is issued by the LGC at the request of the Infrastructure Finance Section.A new note will be issued at project completion based on funds actually used. C) Reimbursements-General I (4. ) Forms can be found online.A sample was included with the Loan Offer Please limit requests for reimbursement to one per month.Checks are cut by the State only once per week. All items must be approved in advance before being reimbursed. One copy of the following information is required for reimbursements: • Reimbursement request form with original signature. • Contractor monthly estimates • Engineering invoices • Invoices for any other approved costs(force account,equipment,testing) • Eligible land cost reimbursement requires a receipt indicating fair market value has been deposited with the Court,an appraisal indicating fair market value,and a copy of an offer to purchase the land. Indicate cumulative totals on the reimbursement form As noted in the Loan Offer Assurances,sales taxes will be deducted from loan proceeds at the 9(%milestone,but the Loan Recipient may opt to deduct them with each reimbursement request.Sales Taxes are reimbursed bythe NC Department of Revenue. D)First The Promissory Note �1554�� �#pyrt %*Want and a copy received by the Section. 5-2- 1 o E)Second Payment e Capital Project Ordinance required 4700 Form 4 Site Certificates by Owner and Title Counsel lb Engineering Contracts if payment is sought. F) ®payment milestone All sales tax certificates must be submitted. Monthly tax reports should have been sent with reimbursements,but taxes are not withheld until now. G)95'%Milestone-Project CloseoLft and Final Im Final payment(or beyond 95%)requires the following: General The inspector must issue final inspection report signifying that project is complete and all concerns have been satisfied and all change orders must have been submitted. Submit to Leslie Rogers II final invoices showing zero retainage must be submitted. Submit to Pam Whitley Engineer's and Owner certifications. Signed Closeout Checklist. Form 6100-2 IVREPAYMMINHASE Repayments will be reflected in the final promissory note and will be for the actual funds borrowed.Repayments by the recipient begin on the May 1st or the November 1stthat is between 6 months and 12 months afteroriginal project completion in the notice to proceed.The May 1st payment includes principal and interest and the November 1s payment is only interest.Interest begins to accrue from the date of completion on the Notice to Proceed.(Le.,no interest during the originally planned construction period)For multi-prime contracts the General contract will be used to set this date. Board of Commissioners Meeting 11/04/2013 5-2- 11 Generally,project eligibility is defined under Sections 212,319 and 320 of the Clean Water Act.This has historically excluded collection systems intended only to serve growing areas.In 2007,EPA issued the"White Paper"which explored eligible costs in an effort to increase the flexibility of what the SRF program can fund. Anything to be reimbursed must be approved bythis office.This includes formal construction bids,small purchases,engineering contracts and engineering amendments,and change orders. 1.Con 'on Projects A. Project elements not essential for treating wastewater are not eligible. S.If preference is given to a brand,it must be bid as a preferred alternate and any cost increase above the base bid is not eligible. C.The SRF will pay to restore project related items such as road patching,sidewalks and seeding. II.Engineering and Technical Senfices A.Planning and Design Contracts 6 Calculated after bids using the bid prices and EPA allowance curves Must include task descriptions 1. Planning Tasks Facility Plan/Engineering Report preparation. Environmental Assessment Preliminary Planning Preliminary Design Rate analysis Alternative Analysis 2. Design Tasks Surveying for Plan Map(maybe pulled out from design curve with sufficient justification) Final Design 3. Other(not included in allowance but need quotes to pay) Soils Report(GeotechnicaI Report) Hydro-geologic Report(For facilities that land apply) o Any mark-up by primary A1E is still subject to the allowance curve. B.Construction Administration and Inspection • Construction Inspection is required by the Loan Offer • Price should be cost plus fixed fee or per diem with a ceiling.This fee schedule should be in the contract. Task Description should be included Note-Invoices must included hours, rate and task o Time Frame for Performance included Payment provisions included Loan Administration contracts(COG`s,etc.).Hourly rate are not required but a task description or list of services is required and a fee ceiling. Contract must be amEnclO tp mbeyond the ceiling. Must be a oa of Cbm issioners Meeting corresponding Change order. 11/04/2013 5-2- 12 Inspection fees are only eligible when they cover eligible construction work. This applies to change orders too. 1.Construction Administration.typical tasks Attend various meetings and conferences Provide copies of plans and specs for owner an contractor Sometimes bidding,addenda,tabulation of bids, recommendation,sometimes this is broken out separately Review shop drawings Review field tests Interpret intent of drawings Establish benchmarks(but not actual staking) Preconstruction Conference Review of Payment Applications Prepare Change Orders Coordinate with DWQ Sometimes O&M manual included here Provide As-Builts to the owner Start-up sometimes included here C.Other items broken out separately.These may be paid as lump sums o Bidding Construction Testing Services(Concrete,Geotechnical etc.) Record Drawings TV and Clean Startup Services O&M Manuals D.Engineering Amendments Typically if the days in the associated change order were deemed eligible then the associated days in the amendment are eligible for reimbursement. When change order work is not the reason for an amendment,a case by case decision will be made. III.Other EliEpble Costs Legal-Legal fees for contract review and for advertisements etc. o Real Property-SRF pays costs associated with real property acquisition but not the cost of the real property itself unless it is integral to wastewater treatment(e.g.land for spray irrigation).Costs for appraisals shall be limited to$1,000.This is based on typical market rates and may be adjusted from time to time.This limit is deemed high enough to account for MAi status,commercial properties,availability of an appraiser,etc. r Soil Testing-Will pay up to$10,000 in invoices w/o requiring a contract. (when not performed by the engineer).Can also be approved as part of the engineering contract. n Preparation of applications and permits required by Federal,State or local regulations or procedures.(40 CFR Pt 35,Subpt.I,App A,FE,2,b.) Permits imposed by the local unit such as building permits are not eligible. Board of Commissioners Meeting 11/04/2013 5-2- 13 REIMBURSEMENT T FORM Division of Water Quality Project NO. infrastructure Finance Section Period Covered by this Report-From To SRF-Federal,ARRA SEL,SRL,SRG,-State Recipient Organization Name: Payment No. Address: Page No. of City, State & Zip: €Please Label Each Column Exanip'e Column L 7&v's U�3e separato cohimn for E.ch con racf. 'Uze^dditional shee•s if need&:. Contract#1, Contract#2, Use r"Misc."column i'nc-ided i Engineer ABC Cosst. Co, XYZ Utility Inc. :...................................... .......................................: Classification of A B C Total Admin&Legal Land Costs Design Fees Allowance En is Fees Admin Inspection Fees Construction Cost Equipment Misc. Deductions income Total Cumulative to date Previous Received Amount Requested Percent Complete Certification I certify that to the best of my knowledge and belief the billed costs or disbursements are in accordance with terms of the project and that the request for payment represents the monies due which have not been previously requested and that an inspection has been performed and all work Is in accordance with the terms of the award. I further certify that the will expend all of the requisitioned loan proceeds for the purpose of paying costs of the project within three(3)banking days after receipt of such funds from the state. Further, I certify that Davis Bacon Reauirments for SRF Projects have been met, and that Certified Payroll records are being submitted by the contractor and kept on file by engineer and owner. Recipient Signature of Authorized Representative Date Type or Print Na ommissioners Meeting 11/04/2013 5-2- 14 FEDERAL ID REQUEST NXMO TO: All Loan and Grants Recipients SUBJECT: Federal Identification Number Please be advised that all Iocal government units receiving grant or loan funds from the State of North Carolina must supply their Federal Identification Number to this office upon acceptance of your loan/grant offer. Therefore,please provide the information below and return to: Ms. Leslie Rogers Infrastructure Finance Section Division of Water Quality 1633 Mail Service Center Raleigh, North Carolina 27699-1633 RECIPIENT: PROJECT FEDERAL IDENTIFICATION NUMMER: Board of Commissioners Meeting 11/04/2013 5-2- 15 (Suggested Format) RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the rnalcing of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, water conservation projects,and WHEREAS, the North Carolina Department of Environment and Natural Resources has offered a(State Revolving Loan, Grant,or State Bond Loan)in the amount of$ for the construction of(project description), and WHEREAS, the(unit of government)intends to construct said project in accordance with the approved plans and specifications, NOW,THEREFORE,BE IT RESOLVED BY THE(GOVERNING BODY)OF THE(UNIT OF GOVERNMENT): That(unit of government)does hereby accept the(State Revolving Loan,Grant,or State Bond Loan) offer of$ That the(unit of government).does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the(loan or grant)offer,Section lI- Assurances will be adhered to. That(name and title of authorized representative),and successors so titled,is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project;to crake the assurances as contained above; and to execute such other documents as may be required in connection with the application. That(unit of government)has substantially complied or will substantially comply with all Federal, State and local laws,rules,regulations,and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the(date adopted)at(place),North Carolina. (Signature of Chief Executive Officer) Date Board of Commissioners Meeting 11/04/2013 5-2- 16 FORM Approved By OMB:No. 2030-0020 Expires 12-31-2011. United States Environmental Protection Agency Washington, DC 20460 Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA FIttancial Assistance Note: Read instru ns on other side before corn letin form. —7 1. Applicant/Recipient(Name,Address,State,Zip Code). DUNS No. II. Is the applicant currently receiving EPA assistance? in. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color,national origin,sex,age,or disability. (Do not include employment complaints not covered by 40 C.F.R.Parts 5 and 7. See instructions on reverse side.) IV. List all civil rights Iawsuits and administrative complaints decided against the apphcant/recipient within the last year that allege discrimination based on race,color,national origin,sex,age,or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R.Parts 5 and 7. See instructions on reverse side.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions,orders,or agreements based on the review. Please describe any corrective action taken. (40 C.F.R. §7.80(c)(3)) V1. Is the applicant requesting EPA assistance for new construction? If no,proceed to VII;if yes,answer(a)and/or(b)below. a.if the grant is for new construction,will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? If yes,proceed to VII;if no,proceed to VI(b). b.If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and usable by persons with disabilities,ex lain how are at .M exception 40 C.F.R. §7.70 lies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race,color,national ori gin sex, age,or disability in its programs or activities? (40 C.F.R. §5.140 and§7.95) a.'Do the methods of notice accommodate those with impaired vision or hearing? b.Is the notice posted in a prominent place in the applicant's offices or facilities or,for education programs and activities,in appropriate periodicals and other written communications? c.Does the notice identify a designated civil rights coordinator? VIII. Does the applicant/recipient maintain demographic data on the race,color,national origin,sex,age,or handicap of the population it serves? (40 C.F.R.§7.85(a)) IX.^ Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R.Part 7,E.O. 13166) X.i", If the applicant/recipient is an education program or activity,or has 15 or more employees,has it designated an employee to coordinate its compliance with 40 C.F.R.Parts 5 and 7? Provide the name,title,position,mailing address,e-mail address,fax number,and telephone number of the designated coordinator. XI* If the applicant/recipient is an education program or activity,or has 15 or more employees,has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R.Parts 5 and 7? Provide a legal citation or Internet address for,or a copy of,the procedures. For the Applicant/Recipient I certify that the statements I have made on this form and all attachments thereto are true,accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A.Signature of Authorized Official B.Title of Authorized Official C.Date For the U.S.Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all preaa and compliance information required by 40 CER.Parts 5 and 7;that based on the information submitted,this application satisfies the preaward provisions of 40 C.F.R.Parts 5 and 7;and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official B.Title of Authorized EPA Official C.Date See**note on reverse side. Bard of Commissioners Meeting EPA Form 4700-4(Rev.03/2008).Previous editions are obsolete. 11/04/2013 5-2- 17 Instructions for EPA FORM 4700-4(Rev.03/2008) General Items Recipients of Federal financial assistance from the U.S. "Applicant"means any entity that files an application or unsolicited Environmental Protection Agency must comply with the following proposal or otherwise requests EPA assistance. 40 C.F.R.§§5.105, statutes and regulations. 7.25. Title VI of the Civil RiAts Acts of 1964 provides that no person in "Recipient"means any entity,other than applicant,which will actually the United States shall,on the grounds of race,color,or national receive EPA assistance. 40 C.F.R.§§5.105,7.25. origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity "Civil rights lawsuits and administrative complaints"means any receiving Federal financial assistance. The Act goes on to explain lawsuit or administrative complaint alleging discrimination on the that the statute shall not be construed to authorize action with respect basis of race,color,national origin,sex,age,or disability pending or to any employment practice of any employer,employment agency,or decided against the applicant and/or entity which actually benefits labor organization(except where the primary objective of the Federal from the grant,but excluding employment complaints not covered by financial assistance is to provide employment). 40 C.F.R.Parts 5 and 7. For example,if a city is the named applicant but the grant will actually benefit the Department of Sewage,civil Section 13 of the 1972 Amendments to the Federal Water Pollution rights lawsuits involving both the city and the Department of Sewage Control Act provides that no person in the United States shall on the should be listed. ground of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under the Federal Water "Civil rights compliance review"means any review assessing the Pollution Control Act,as amended. Employment discrimination on applicant's and/or recipient's compliance with laws prohibiting the basis of sex is prohibited in all such programs or activities. discrimination on the basis of race,color,national origin,sex,age,or disability. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States Submit this form with the original and required copies of applications, shall solely by reason of disability be excluded from participation in, requests for extensions,requests for increase of funds,etc. Updates of be denied the benefits of,or be subjected to discrimination under any information are all that are required after the initial application program or activity receiving Federal financial assistance. submission. Employment discrimination on the basis of disability is prohibited in all such programs or activities. If any item is not relevant to the project for which assistance is requested,write"NA"for"Not Applicable." The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program In the event applicant is uncertain about how to answer any questions, or activity receiving Federal financial assistance. Employment EPA program officials should be contacted for clarification. discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act Questions VII—XI are for informational use only and will not affect administered by the Equal Employment Opportunity Commission. an applicant's grant status. However,applicants should answer all questions on this form. (40 C.F.R.Parts 5 and 7). Title IX of the Education Amendments of 1972 provides that no person in the United States on the basis of sex shall be excluded from *'`Note:Signature appears in the Approval Section of the EPA participation in,be denied the benefits of,or be subjected to Comprehensive Administrative Review For Grants/Cooperative discrimination under any education program or activity receiving Agreements&Continuation/Supplemental Awards form. Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Approval indicates,in the reviewer's opinion,questions I—Vl of Form Note:an education program or activity is not limited to only those 4700-4 comply with the preaward administrative requirements for EPA conducted by a formal institution. assistance. 40 C.F.R.Part 5 implements Title IX of the Education Amendments 'Burden Disclosure Statement" of 1972. EPA estimates public reporting burden for the preparation of this form 40 CF.R.Part 7 implements Title VI of the Civil Rights Act of 1964, to average 30 minutes per response. This estimate includes the time Section 13 of the 1972 Amendments to the Federal Water Pollution for reviewing instructions,gathering and maintaining the data needed Control Act,and Section 504 of The Rehabilitation Act of 1973. and completing and reviewing the form. Send comments regarding the burden estimate,including suggestions for reducing this burden,to The Executive Order 13166(E.O. 13166)entitled; "Improving U.S.EPA,Attn:Collection Strategies Division(MC 2822T),Office of Access to Services for Persons with Limited English Proficiency" Information Collection, 1200 Pennsylvania Ave.,NW,Washington, requires Federal agencies work to ensure that recipients of Federal D.C.20460;and to the Office of Information and Regulatory Affairs, financial assistance provide meaningful access to their LEP Office of Management and Budget,Washington,D,C.20503, applicants and beneficiaries. The information on this form is required to enable the U.S. Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects,programs and activities on a nondiscriminatory basis as required by the above statutes and regulations. Board of Commissioners Meeting 11/04/2013 5-2- 18 FORM Approved By OMB:No. 2030-0020 Expires 12-31-2011. United States Environmental Protection Agency Washington, DC 20460 Preaward-Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note:Read instructions on glLer side before cornDleting form. 1. Applicant/Recipient(Name,Address,State,Zip Code). DUNS No, 11. Is the applicant currently receiving EPA assistance? III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color,national origin,sex,age,or disability. (Do not include employment complaints not covered by 40 C.F.R.Parts S and 7. See instructions on reverse side.) IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race,color,national origin,sex,age,or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R.Parts 5 and 7. See instructions on reverse side.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions,orders,or agreements based on the review. Please describe any corrective action taken. (40 C.P.R.§7.80(c)(3)) VI. Is the applicant requesting EPA assistance for new construction? If no,proceed to VII;if yes,answer(a)and/or(b)below. a.If the grant is for new construction,will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? If yes,proceed to VII;if no,proceed to VI(b). b.If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and usable by persons with disabilities,explain how a regulatory exception(40 C.F.R. §7.70)applies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race,color,national origin,sex, age,or disability in its programs or activities? (40 C.F.R. §5.140 and§7.95) a.Do the methods of notice accommodate those with impaired vision or hearing? b.Is the notice posted in a prominent place in the applicant's offices or facilities or,for education programs and activities,in appropriate periodicals and other written communications? c.Does the notice identify a designated civil rights coordinator? VIII.'' Does the applicant/recipient maintain demographic data on the race,color,national origin,sex,age,or handicap of the population it serves? (40 C.F.R.§7.85(a)) IX.'.'` Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R.Part 7,E.Q. 13166) X.* If the applicant/recipient is an education program or activity,or has 15 or more employees,has it designated an employee to coordinate its compliance with 40 C.F.R.Parts 5 and 7? Provide the name,title,position,mailing address,e-mail address,fax number,and telephone number of the designated coordinator. XI* If the applicant/recipient is an education program or activity,or has 15 or more employees,has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R.Parts 5 and 7? Provide a legal citation or Internet address for,or a copy of,the procedures. For the Applicant/Recipient I certify that the statements I have made on this form and all attachments thereto are true,accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A.Signature of Authorized Official B.Title of Authorized Official C.Date —� For the U.S.Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all preaward compliance information required by 40 C.F.R.Parts 5 and 7;that based on the information submitted,this application satisfies the preaward provisions of 40 C.F.R.Parts 5 and 7;and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official B.Title of Authorized EPA Official C.Date See**note on reverse side. Bard of Commissioners Meeting EPA Form 4700-4(Rev.0312008).Previous editions are obsolete. 5-2- 19 Instructions for EPA FORM 4700-4(Rev. 0312008) General Items Recipients of Federal financial assistance from the U.S. "Applicant"means any entity that files an application or unsolicited Environmental Protection Agency must comply with the following proposal or otherwise requests EPA assistance. 40 C.F.R.§§5.105, statutes and regulations. 7.25. Title VI of the Civil Rights Acts of 1964 provides that no person in "Recipient"means any entity,other than applicant,which will actually the United States shall,on the grounds of race,color,or national receive EPA assistance. 40 C.F.R. §§5.105,7.25. origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity "Civil rights lawsuits and administrative complaints"means any receiving Federal financial assistance. The Act goes on to explain lawsuit or administrative complaint alleging discrimination on the that the statute shall not be construed to authorize action with respect basis of race,color,national origin,sex,age,or disability pending or to any employment practice of any employer,employment agency,or decided against the applicant and/or entity which actually benefits labor organization(except where the primary objective of the Federal from the grant,but excluding employment complaints not covered by financial assistance is to provide employment). 40 C.F.R.Parts 5 and 7. For example,if a city is the named applicant but the grant will actually benefit the Department of Sewage,civil Section 13 of the 1972 Amendments to the Federal Water Pollution rights lawsuits involving both the city and the Department of Sewage Control Act provides that no person in the United States shall on the should be listed. ground of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under the Federal Water "Civil rights compliance review"means any review assessing the Pollution Control Act,as amended. Employment discrimination on applicant's and/or recipient's compliance with laws prohibiting the basis of sex is prohibited in all such programs or activities. discrimination on the basis of race,color,national origin,sex,age,or disability. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States Submit this form with the original and required copies of applications, shall solely by reason of disability be excluded from participation in, requests for extensions,requests for increase of funds,etc. Updates of be denied the benefits of,or be subjected to discrimination under any information are all that are required after the initial application program or activity receiving Federal financial assistance. submission. Employment discrimination on the basis of disability is prohibited in all such programs or activities. If any item is not relevant to the project for which assistance is requested,write"NA"for"Not Applicable." The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program In the event applicant is uncertain about how to answer any questions, or activity receiving Federal financial assistance. Employment EPA program officials should be contacted for clarification. discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act *Questions VII—XI are for informational use only and will not affect administered by the Equal Employment Opportunity Commission, an applicant's grant status. However,applicants should answer all questions on this form. (40 C.F.R.Parts 5 and 7). Title IX of the Education Amendments of 1972 provides that no person is the United States on the basis of sex shall be excluded from *'Note:Signature appears in the Approval Section of the EPA participation in,be denied the benefits of,or be subjected to Comprehensive Administrative Review For Grants/Cooperative discrimination under any education program or activity receiving Agreements&Continuation/Supplemental Awards form. Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Approval indicates,in the reviewer's opinion,questions I—VI of Form Note:an education program or activity is not limited to only those 4700-4 comply with the preaward administrative requirements for EPA conducted by a formal institution. assistance. 40 C.F.R.Part 5 implements Title fX of the Education Amendments Burden Disclosure Statement" of 1972. EPA estimates public reporting burden for the preparation of this form 40 C.F.R.Part 7 implements Title VI of the Civil Rights Act of 1964, to average 30 minutes per response. This estimate includes the time Section I3 of the 1972 Amendments to the Federal Water Pollution for reviewing instructions,gathering and maintaining the data needed Control Act,and Section 504 of The Rehabilitation Act of 1973. and completing and reviewing the form. Send comments regarding the burden estimate,including suggestions for reducing this burden,to The Executive Order 13166(E.O. 13166)entitled; "Improving U.S.EPA,Attn:Collection Strategies Division(MC 2822T),Office of Access to Services for Persons with Limited English Proficiency" Information Collection, 1200 Pennsylvania Ave.,NW,Washington, requires Federal agencies work to ensure that recipients of Federal D.C.20460;and to the Office of Information and Regulatory Affairs, financial assistance provide meaningful access to their LEP Office of Management and Budget,Washington,D.C.20503. applicants and beneficiaries. The information on this form is required to enable the U.S. Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects,programs and activities on a nondiscriminatory basis as required by the above statutes and regulations_ Board of Commissioners Meeting 11/04/2013 5-2-20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTUION FOR ACCEPTING A CLEAN WATER STATE REVOLVING FUND LOAN FROM THE STATE OF NORTH CAROLINA FOR MARQUIS HILLS SEWER EXPANSION WHEREAS,the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems and water supply systems,water conservation projects; and WHEREAS, the North Carolina Department of Environment and Natural Resources has offered a Clean Water State Revolving Fund (SRF) Loan in the amount of $11,236,425 for the construction of the Marquis Hills Project Sewer Extension; and WHEREAS, New Hanover County intends to construct said project in accordance with the approved plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY: That New Hanover County does hereby accept the Clean Water State Revolving Fund (SRF) Loan offer of $11,236,425. That New Hanover County does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the Clean Water State Revolving Fund (SRF) Loan offer, Section II— Assurances will be adhered to. That Lisa Wurtzbacher, Finance Director, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That New Hanover County has substantially complied or will substantially comply with all Federal, State and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. ADOPTED this the 4th day of November, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 5-3- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTUION FOR ACCEPTING A CLEAN WATER STATE REVOLVING FUND LOAN FROM THE STATE OF NORTH CAROLINA FOR HERITAGE PARK SEWER EXPANSION WHEREAS,the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems and water supply systems,water conservation projects; and WHEREAS, the North Carolina Department of Environment and Natural Resources has offered a Clean Water State Revolving Fund (SRF) Loan in the amount of $5,725,759 for the construction of the Heritage Park Area Sewer Installation to Replace Failing Septic Tanks; and WHEREAS, New Hanover County intends to construct said project in accordance with the approved plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY: That New Hanover County does hereby accept the Clean Water State Revolving Fund (SRF) Loan offer of $5,725,759. That New Hanover County does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the Clean Water State Revolving Fund (SRF) Loan offer, Section II— Assurances will be adhered to. That Lisa Wurtzbacher, Finance Director, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That New Hanover County has substantially complied or will substantially comply with all Federal, State and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. ADOPTED this the 4th day of November, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 5-4- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 CONSENT ITEM: 6 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston,Planning Manager CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Shawn Ralston and Karyn Crichton, Long Range Planner SUBJECT: Approval to Submit Application for the Transportation Alternatives Program-Direct Attributable (TAP-DA) FY 2014 BRIEF SUMMARY: The Wilmington Metropolitan Planning Organization (WMPO) receives annually a direct allocation of $222,151.50 from the Transportation Alternatives Program through Moving Ahead for Progress in the 21st Century (MAP-21). The WMPO will be distributing this allocation to jurisdictions within their boundary through a competitive process. New Hanover County was unsuccessful in its TAP-DA FY 2013 application and requests permission to reapply for FY 2014 funding. New Hanover County's Planning & Inspections Department and Parks and Gardens Department request to apply for $90,000 to extend the Middle Sound Greenway to a new residential development slated to be constructed along Middle Sound Loop Road. Extension of this greenway is included in the recently adopted Wilmington/New Hanover County Comprehensive Greenway Plan. The new development, Middle Sound Village,has pledged$15,000 towards the construction of bicycle/pedestrian facilities from their development to Ogden Elementary. Their private contribution will be used towards a 20% cash match required by the TAP-DA grant. The remaining $7,500 required for the match will be provided through the County's Recreation/Open Space Payment In-Lieu Account. This will leave $95,033.76 in the Recreation/Open Space account. The total project is estimated to cost$112,500. This funding opportunity provides a strategic opportunity to utilize public/private funds in a cost effective way that serves multiple interests. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities • Build and maintain infrastructure • Implement plans for land use,economic development,infrastructure and environmental programs • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Adopt a Resolution of Support authorizing submittal of the grant application; and 2. Authorize the use of$7,500 through the County's Recreation/Open Space Payment In-Lieu Account. Board of Commissioners Meeting 11/04/2013 6-0 ATTACHMENTS: Grant Application Evaluation Form WMPO TAP-DA Submittal Form 2014 Project Map Proximity to Schools Map Bicycle and Pedestrian Generators Map Resolution Supporting TAP-DA Application Wilmington New Hanover Comprehensive Greenway Plan Resolution Adopted 2013 Cape Fear Commutes 2035 Adopted Resolution Middle Sound Plan BOCC Adoption 1987 Meeting Minutes COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 6-0 'S r!^ Ilk tJ Application Evaluation .Form M 1Deparr:r : Lam: 10,10/2,013 Planoin and h spec Lions Deparhr_ent Head: Chris O'Keefe a�uc:us��*esa: �xst�„ i;e t Cinl ,=h and fyconomic I:4a•c'a�xn� t _ Co-dip lirznts/Other:.'wt:tichfingDemtrients/��. a;�A-m'r."rrmr�Zu C��anez t rns: l'ri�a:=a � c�,clap ` C►rae?t'1'itlt~: tran�:�rtatiuxe Alt�����w�-e �rc�,rsun-T?ireut..�.;�e.,FM.�.�l°( '�z�-1:�;"+j a Finding Orgmdzation: Wih-.ington M[euncclitan P'awiing Jrge.-i-nation(5;+MF-�:p) 1 _ Fiscal Year: 2014 Grant Amot nt: 290,000 IVinew;rant r.;� ;:rIL_ C-Tan, * PAulti-y a t�ia�.r=t't ❑Yes r-,Iq� ' ?.irt:bong Funds? IV rf Vj if Ics,l oumt: Iliad o f ❑TtiTa ;122,500($15,00 ;ash,::2,500 agreement&n.d 7,500 LLxi Appucation Due Deli:: Novambur 15,2013 Lricry riescrihe the purpose of the grgnt. Moving Ahead for Progir.ss iv the 2 i"Centary(MAP-21)creatad ue T-rwssuzr r¢T1ar Al w mi z PIr-j, 'te Map-21 piogrwns ine.laduig ntusp or#ati:)n EnIm- a-ixTi:ML-,Decreed anal Trails, Safe Routes to School and several other discretionary programs have been wralpp�d.into this since fiLr-Ch g seam°cc. Witb.the VVNT ?O's new designation u3 a T.-e-Is por`lation Nlmgc!Kcnt Area(TWL),he Wiln3ngtr n Urban Area A eimpol =Pkmn c�Grgan'sation(VVIA )w h receive a direct also cation of$222,151.50 i-a T A-lP futid rg annudily. R compeutna p_ozess h been established frr locel governments"apneies within*he'VVMPO plarmng uiea to ai)p-oy for TI P i'un:1,s. The 7;atislu�cte tics i. 1Le native 1':e: e<u►f a.c's iry�,s �':t; sr<<�h as bicycle/pedestrian projc,-ts; community impro vcmm:gnjects;historic l,Msorva',i gin-, and=,vi i)ianeau mitigation. New Hanover Cor:rnlr',s Plam�ng a ]r�,p ti6ns cparx�teu*:we, yid li'a to app y YL°;'t:diig tote d t1!.e 4 Middle Sound Gre mway fixim Oyster Lime lc)anew w re s Mential auv-,lL pin erli����. Las:�.�;n�l�rc :c�i •ex1 approval lrom the Technical R.ev ew Coin ittee. The dzvei(Trzent,Middle Sound Vij]Rge y,il wiNah.- 47 ' townhouse units under the FxceptionFJ Design ZonLig Dis tact and has commit a to pay$15,000 taws.-�d tho mmstruction of a sidewaf Ukr,lame or multi-use p ud l tlon fiddle Sotuid Loup Rod f orn ifs � development toward Ogden F.leinelntar_v Schuol. If Imo A,re any other IN cif'Departments eligible for tli:s f 3nd:ng? s ❑itiu oss i+Iv Sr!eeify,which orie(i)? P n i but we arr.collaborating With-Pai cs aiiei Garduns 1E a Board of Commissioners Meeting 11/04/2013 6- 1 - 1 �r � 0 flo u'l Cosh rcpt�� `r -i t1 F:R,:s 0."01UC T 111 ally sl liy p",i(ttJ ,nr f;.5 a�Zolo -al 1rt to.0c cu ,o.' 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'..;.. vJ a ;36.".i-w!k"";�'. ka io- x ' ark Board of Commissioners Meeting 11/04/2013 6- 1 -3 Wilmington Metropolitan Planning Organization TAP-DA Funding Request Submittal Form - Background Information Ado Date: 10/10/13 Type of Project: Bicycle/Pedestrian Project Phase: NEPA/Design F-1 Right of Way F-1 Construction Project Information: Project Name: Middle Sound Greenway—Extension to Middle Sound Village Project Location: Middle Sound/Ogden TIP ID: EB-5543 Total Project Cost: $112,500 Requested TAP-DA Funding $90,000 Sponsoring Agency: New Hanover County Managing Agency: New Hanover County Contact Person: Karyn Crichton Project Description: Design, engineer, and construct a 613' off-road multi-use path along Middle Sound Loop Road from Oyster Lane to the Middle Sound Village driveway, a future 47-unit townhouse development to be located at 611 Middle Sound Loop Road. The Middle Sound Greenway is currently funded to Oyster Lane and this project would extend the greenway approximately 1/10 of a mile further. This proposal represents a unique public-private partnership between New Hanover County and a developer both financially contributing to the local match. Problem Statement: Documented as early as 1987 in the Middle Sound/Ogden Small Area Plan:Future Directions and most recently in the Wilmington/New Hanover County Comprehensive Greenway Plan, Middle Sound/Ogden residents have ranked bicycle/pedestrian facilities a high priority and specifically requested, "bike/pedestrian paths on Middle Sound Loop Road" (p.43 Future Directions). Twenty-six years later, the need still exists as indicated in the 2013 Greenway Plan but to a greater extent as the area has become more densely populated. LRTP Status: a. nProject is referenced in this appendix on this page of the adopted Cape Fear X Commutes 2035 Transportation Plan: Project#237 and project#238 Appendix 4 p.19-20 or b. Project is not in the adopted Cape Fear Commutes 2035 Transportation Plan 1 F' a g e Board of Commissioners Meeting 11/04/2013 6-2- 1 Wilmington Metropolitan Planning Organization x TAP-DA Funding Request Submittal Form for Bicycle and Pedestrian Improvements Project Name: Middle Sound Greenway Sponsoring Agency: New Hanover County Who will maintain this project after completion? New Hanover County ***FOR GUIDANCE IN FILLING OUT THIS APPLICATION PLEASE REFER TO THE SUBMITTAL GUIDE*** 1. Closing a,Gap: (5 point maximum) **** Include on a separate 'Closing a Gap' Map-Exhibit C**** a. 1-1 Closing an internal gap in total facility length > 2 miles (5 points) or b. 1-1 Closing an internal gap in total facility length >0.5 miles (3 points) or C. 1-1 Providing an extension making total facility length > 2 miles (3 points) or d. NX No gap and proposed total facility length < 2 miles (0 points) (WMPO INTERNAL USE ONLY)Total Missing Link Points: /5 Link Explanation: 2. Major Obstacle: (5 point maximum) **Include on required 'Map of Proposed Project'—Exhibit A** a. 1-1 High - new connection created across a river, railroad, or limited-access multi-lane freeway (5 points) or b. 1-1 Medium - new connection created across a roadway containing four or more lanes (3 points) or c. NX None - no connection between any major obstacles listed above (0 points) (WMPO INTERNAL USE ONLY)Total Major Obstacle Points: /5 2 F' a g e Board of Commissioners Meeting 11/04/2013 6-2-2 3. Safety Concern: (10 point maximum) Number of Bicycle/Pedestrian Crashes: 2 (TEASS 5 yr data) 1 point per crash with a max of 10 points (WMPO INTERNAL USE ONLY)Total Safety Concern Points: /10 4. Goat Path: (5 point maximum) a. ❑ Yes-The project will provide a facility where a documented worn path has been created by users (5 points) or b. NX No -The project does not provide a goat path facility (0 points) (WMPO INTERNAL USE ONLY)Total Goat Path Points: ! /5 5. Adopted in Plan: (15 point maximum) a. ® Yes—The project has been adopted in Cape Fear Commutes 2035 (10 points) or b. X Yes-The project has been adopted in a plan or policy by resolution (5 points) or C. ❑ No -The project has not been adopted in plan or policy (0 points) (WMPO INTERNAL USE ONLY)Total Plan Adoption Points: /15 List plans: Middle Sound/Ogden Small Area Plan: Future Directions (1987) and Wilmington/New Hanover Comprehensive Greenway Plan (2013). 3 F' a g e Board of Commissioners Meeting 11/04/2013 6-2-3 6. Local Match: (15 point maximum) a. X The project has the required 20% local funding match (0 points) or b. The project has a 30%or more local funding match (5 points) or C. The project has a 40%or more local funding match (10 points) or d. The project has a 50%or more local funding match (15 points) (WMPO INTERNAL USE ONLY)Total Local Match Points: /15 7. Project Cost Table Cost of NEPA/Design Phase: $24,000 Cost of Right-of-Way Phase: $0 Cost of Construction Phase: $88,500 Total Estimated Cost of Project: $112,500 Total Local Match: $22,500 Total TAP-DA Funding Requested: $90,000 8. Proximity of a School: (23 point maximum) **Include on a separate'Proximity of a School' Map—See Exhibit D** a. The project is located within % mile of: (check all that apply) NX Elementary School Middle School ❑ High School College/University (5.75 points for each) b. The project is located within 1 mile of: (check all that apply) Elementary School Middle School ❑ High School College/University (3 points for each) C. The project is located within 1% mile of: (check all that apply) NX Elementary School ❑ Middle School ❑ High School College/University or (1 point for each) d. The project is located more than 1% mile from any schools: (0 points) 4 F' a (; e Board of Commissioners Meeting 11/04/2013 6-2-4 (WMPO INTERNAL USE ONLY)Total Proximity to School Points: /23 9. Bicycle/ Pedestrian Generators: (25 point maximum) **Include on a separate 'Bicycle/Pedestrian Generator Map'—See Exhibit E** a. The project is located within a % mile radius of: (check all that apply) NX Residential Areas NX Public Park/Playground/Recreation Center Public Library Shopping/Retail &Services NX Business Park/Office/Hospital (5 points for each) b. The project is not located within a % mile radius of any residential areas, park/playground/ recreation centers, libraries, shopping/retail and services, and business parks/offices/hospitals (0 points) (WMPO INTERNAL USE ONLY)Total;Bicycle/Pedestrian Generator Points: /25 10. Connection to Transit: (10 point maximum) **Include on required 'Map of Proposed Project''—See Exhibit A** a. The project will connect to a bus stop (10 points) or b. The project will connect to a park and ride lot (5 points) or c. X The project does not offer any connection to transit locations (0 points) (WMPO INTERNAL USE ONLY)Total Connection to Transit Points: /10 11. WMPO Parallel Function Class: (7 point maximum) a. Primary Arterial (7 points) or b. Minor Arterial (5 points) or c. NX Collector Street (3 points) or d. ❑ Local Street (1 point) or e. ❑ Cul-de-Sac/Dead-end (0 points) 5 F' a g e Board of Commissioners Meeting 11/04/2013 6-2-5 (WMPO INTERNAL USE ONLY)Total Points for Associated Parallel Function Class: /7 12. Right-of-Way/Easement Dedication and Utility Relocation: (1`0 point maximum) a. NX No additional right-of-way and/or easement (5 points) or b. ❑X No major utility relocation (5 points) or c. Minimal additional right-of-way and/or easements needed (3 points) or d. Minimal utility relocation (3 points) or e. Significant additional right-of-way needed (1 point) or f. Major utility relocations needed (1 point) (WMPO INTERNAL USE ONLY)Total Right-of-Way/Easement Points: /10 (WMPO INTERNAL USE ONLY)Total Project Points: /130 6 F' a ; e Board of Commissioners Meeting 11/04/2013 6-2-6 O N m O ry LD (B Q = L W U J LL z 3 LL o D W a� Q OH � � W0in O m0- � zQ Ow w0 U) (1) 0OU wU —j OOf w -0 wwQ O ODO 0) � � zz ° Q � O z L c� a� wwU Q � o �z < cn E o Q }' ° 0 w J 0 0 Q Q4 Ocl Q J� O Ov 1ST 0 0 CIII N�a�bp Board of Commissioners Meeting 11/04/2013 0 O ry p QzLL p > g cn � 00 _0 04 z o 0zF--- pcn cD O U U) N w 20 J � � 0 � Q o O0 Z z p Q � - 2 z 0wL cn n ccnn 0 =3 ._ E p o Q }' `~ � o- O O J 7 O J H z � w J W Z NI �I31Skp o O �s z w w J W Z O a w Board o e ing 11/04/2013 Q ° 75 0 N O M r � N O N 0 O O/ / s LL LL O N o p J ry zLL J � p 0 EL 0 o U) Q - o z Z0 O � 2 d m d w Z O W a CD Z:) Q cn (1) Z U J Q — _ � 7 w � Q o w0z 0' (1) oz _ o wQ MJ cu z LL c aza LU � E U Q = ° o `-- o U ~ z m U) w J 0 0 N 1 , 0 OZIbQ �� t, Board of Commissioners Meeting 11/04/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO SUBMIT AN APPLICATION TO THE WILMINGTON METROPOLITAN PLANNING ORGANIZATION IN THE AMOUNT OF $112,500 FOR THE TRANSPORTATION ALTERNATIVES PROGRAM—DIRECT ATTRIBUTABLE FUNDS FOR THE MIDDLE SOUND GREENWAY (EXTENSION TO MIDDLE SOUND VILLAGE) WHEREAS, on September 16, 2013 the Wilmington Metropolitan Planning Organization (WMPO) issued a call for projects to agencies in its jurisdiction for Transportation Alternatives Program — Direct Attributable Funding (TAP-DA). A total of $222,151.50 is available to award. TAP-DA is comprised of a collection of discretionary programs including the planning, design, and construction of on and off-road bicycle and pedestrian facilities. Each agency may submit one application of not less than $50,000 for possible award. The funding requires a minimum 20% local cash match; and WHEREAS, the Middle Sound Greenway Extension is a proposed off-road multi-use path that would extend the Middle Sound Greenway approximately one-tenth of a mile (613') beyond Oyster Lane to Middle Sound Village. This Middle Sound Greenway Extension will provide safe non-motorized transportation alternatives for a new multi-family development as well as the Middle Sound community to destinations including: Ogden Elementary, the Gary Shell Cross-City Trail, and the Bayshore community. The total project is estimated to cost $112,500. Applied grant funds would be $90,000, leaving the required 20% County-supplied match at $22,500. Funding for the local match represents a unique public-private partnership between New Hanover County and a private developer to share the costs with the County contributing $7,500 and the developer contributing $15,000 for a total cash match of$22,500. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the County Manager to submit a TAP-DA application in the amount of $90,000 and will commit $22,500 as a cash match for a total project cost of$112,500 for an extension to the Middle Sound Greenway. ADOPTED this the 4th day of November, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 6-6- 1 Woody white L0 UN _�Y�^,0 BOARD OF COMM OF Beth Chairman Vice-Chair O Jonathan Barfield,Jr. n 230 GOVERNMENT CENTER DRIVE, SUITE 175 2 Q O WILMINGTON, NC 28403 Commissioner z (91 O)798-7149 Brian M.Berger _r Commissioner 3 (91 O)798-7145 FAX 2 a� WWW.NHCGOV.COM Exhibit rnomaswolfe Book X2(91 Page 41, Commissioner •FSTgg11SHED���• Sheila L Schutt Clerk to the Board RESOLUTION ADOPTING THE WILMINGTONINEWHANOVER COUNTY COMPREHENSIVE GREENWAYPLAN WHEREAS, the Wilmington/New Hanover County Comprehensive Greenway Plan lays the foundation and blueprint for a future greenway and blueway system in New Hanover County and the City of Wilmington; and WHEREAS, the planning process provided for collaboration between the citizens, local governments and the Wilmington Metropolitan Planning Organization(MPO); and WHEREAS, the plan was a collective effort between the City of Wilmington, New Hanover County, Town of Carolina Beach,Town of Kure Beach,Town of Wrightsville Beach and the Wilmington MPO; and WHEREAS, the planning process included six open-house style meetings, a dedicated website, stakeholder interviews, and outreach to civic and community organizations. During the planning process, over 3,600 people submitted the public comment forms; and WHEREAS, the Wilmington/New Hanover County Comprehensive Greenway Plan outlines the vision and goals, evaluates existing conditions, provides recommendations for future locations of greenwaysiblueways, identifies appropriate design standards and outlines an implementation plan; and WHEREAS, the Wilmington/New Hanover County Comprehensive Greenway Plan will be utilized by New Hanover County, the MPO and other local governments to determine the appropriate locations and leverage resources to implement the vision through various partnerships and funding sources. Through adoption of the plan,the County is not committing to funding the construction of the recommended actions. NOW THEREFORE, be it resolved that the Board of County Commissioners hereby adopts the Wilmington/New Hanover County Comprehensive Greenway Plan. ADOPTED this the 11`x'day of March, 2013. r NE H VE CO O r' o Woody White, hairma _r •F' A61 1544E Sheila L. Schutt, Clerk to the Board New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority,and sound fiscal manag6M"fte fs0g&Mgg*gncerns of our citizens today and tomorrow. 1 AogM l35/20/2011 6-7- 1 GOiU N T y. Jonathan Barfield,Jr. ^'o NEW HANOVER COUNTY Chairman `Pj, Jason R.Thompson BOARD OF COMMISSIONERS Vice-Chairman C y Ted Davis,Jr. < �o Commissioner = 0 230 Government Center Drive, Suite 175 Brian M.Berger zi Wilmington, NC 28403 Commissioner G.Catlin (910) 798-7149 Exhibit x Commissioner •f, 0, (910) 798-7145 Fax T TABI ISOD Book Page.l._�heila L.Schult www.nhcgov.com Clerk to Board RESOLUTION ADOPTING THE CAPE FEAR COMMUTES 2035 TRANSPORTATION PLAN WHEREAS,the Wilmington Metropolitan Planning Organization has established a comprehensive, cooperative and continuing (3-C) transportation planning process to develop an annual unified planning work program, twenty-year long-range transportation plan and Transportation Improvement Program to facilitate the expenditure of Federal funds,and WHEREAS, the Wilmington Metropolitan Planning Organization has developed the Cape Fear Commutes 2035 Transportation Plan to satisfy the requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) as well as other Federal, State and local laws mandating continuing, cooperative and comprehensive transportation planning activities;and WHEREAS, the Cape Fear Commutes 2035 Transportation Plan is a product of a multi-modal, 3-C transportation planning process, compatible with the Wilmington Metropolitan Planning Organization's long range vision; and WHEREAS,the Cape Fear Commutes 2035 Transportation Plan is fiscally constrained; and i WHEREAS, the Cape Fear Commutes 2035 Transportation Plan was developed by the Cape Fear Commutes j Citizen Advisory Committee in coordination with local elected and appointed officials, local municipal and County staff, service organizations, and the general public; and i t WHEREAS,public conmients were solicited at regular intervals during the planning process and a thirty-day public conunent period was held to receive comments on the plan. i NOW,THEREFORE,BE IT RESOLVED,that the New Hanover County Board of Commissioners hereby adopts the Cape Fear Commutes 2035 Transportation Plan. i ADOPTED this the 3"'day of January, 2011. NEW H OVER COUNTY E I E J athan Barfnel h ' man �TTEST: Sheila L. Schult, Clerk to the Board t t Board of Commissioners Meeting 11/04/2013 6-8- 1 9 94 MINUTES OF REGULAR MEETING, MAY 4, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 4, 1987, at 4:00 o'clock P.M. in Courtroom 317 of the Judicial Building, 4th and Princess Streets, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr. ; W. Albert Corbett, Jr. ; Fred Retchin; Vice-Chairman John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix r' Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order and gave the invocation. APPROVAL OF MINUTES Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to approve the minutes of the Regular Meeting of March 23, 1987, as presented and the minutes of the Regular Meeting of April 6, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA County Manager Cooper requested Budget Amendment #231 1/2 cent Sales Tax be withdrawn from the Consent Agenda for further study; and Clerk to the Board, Lucie F. Harrell, requested Budget Amendment #228, Sheriff's Department, be withdrawn since this item was placed on the Consent Agenda r in error. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the following Consent Agenda items with removal of budget amendments as requested by the County Manager and Clerk to the Board. CONSENT AGENDA Adoption of Resolutions Accepting Offers to Purchase Surplus Property The Commissioners adopted resolutions to accept offers to purchase surplus property owned jointly by the City of Wilmington and New Hanover County, representing an ad valorem tax value of $6,630 as of 1983. Copies of the resolutions are contained in Exhibit Book XV, Page 17. Acceptance of AIP05/PSO Equipment State Grant - Airport The Commissioners accepted the State Airport Grant in the amount of $2,640 for PSO Equipment authorizing the Chairman to execute the document. Airport Manager, R. C. Shackelford was designated as the contact person for the project. Adoption of Proclamation Designating the Week of May 10-16, 1987, as National Historic Preservation Week The Commissioners adopted a proclamation designating the week of May 10-16, 1987, as National Historic Preservation Week in New Hanover County. A copy of the proclamation is contained in Exhibit Book XV, Page 18. Board of Commissioners Meeting 11/04/2013 6-9-1 MINUTES OF REGULAR MEETING MAY.-4 (CONTINUED) 4 � CONSENT AGENDA ITEMS (CONTINUED) Approval of Budget Amendments 87-00000232 Sheriff/911 Debit Credit Installment Loan Proceeds $76,270 Capital Outlay - Equipment $37,770 Installment Lease Payments 38,500 F-1 To set up purchase of ANI and ALI Systems on installment payments through Southern Bell at no U interest. 87-00000241 DSS/Community Alternatives Program Debit Credit Community Alternatives Program $93,248 Salaries & Wages $65,000 Social Security 4,648 Contracted Services 13,000 Mobility Aids 2,000 Medical Equipment 5,000 Medical Supplies 3,600 Underestimated expenditures for the Community Alternatives Program for the Fiscal Year. All Federal funds. PRESENTATION OF LEASE PROPOSALS FOR DEPARTMENT OF SOCIAL SERVICES BUILDING The following persons presented lease proposals to the Commissioners for consideration: Presentation of Proposals Submitted by The Gene Merritt Company, Inc. Mr. Eugene Merritt, Jr. , President of The Gene Merritt Company, Inc. , commented on presenting two sites, Princess Place Drive and 30th Street; and 17th Street and Greenfield Streets stating the Princess Place Drive location was given favorable consideration by the review committee. Mr. Merritt stated two proposals were submitted since the Princess Place Drive property would require rezoning by the City of Wilmington. Upon denial of the rezoning, he was informed by the review committee, that another proposal had been selected. He expressed concern for learning that the site selected, 17th and Greenfield Streets, was his other proposed location stating he had not been given an opportunity to submit the best and final offer on this site. Commissioner Barfield questioned how more than one offeror could have an option to purchase on the same piece of property. Mr. Merritt stated the owner of the property informed him that any of the offerors who had submitted this site would have the option to purchase upon award of the contract. After further discussion, Chairman O'Neal expressed appreciation to Mr. Merritt for presenting his proposals. Presentation of Proposal Submitted by the Wilmington u Corporation for Site Located at 240 Castle Bayne Road Mr. M. E. Dowd, Jr. , President of the Wilmington Corporation, presented his proposal for use of the building located at 240 Castle Hayne Road. He commented on remodeling of the building to meet current and future needs Board of Commissioners Meeting 11/04/2013 6-9-2 96 MINUTES OF REGULAR MEETING , MAY 4, 1987 (CONTINUED) PRESENTATION OF LEASE PROPOSALS (CONTINUED) of the Department of Social Services at a much lower cost. He presented a bid on this project at $5.92 per sq. ft. with an annual cost of $177,000 per year compared to the annual cost of $315,000 as submitted by the company selected to receive the contract. He stressed the amount of savings to taxpayers of New Hanover County. Discussion was held on meeting the criteria of being within one block of existing and established public transportation routes. Mr. Dowd stated since his site did U not comply with this requirement, satisfactory transportation could be provided by an agreement with the Wilmington Transit Authority or operation of a shuttle bus. A lengthy discussion was held on the importance of adequate transportation and the additional cost to the $5.92 per sq. ft. figure. Mr. Dowd requested consideration of his proposal stating he would be willing to negotiate with WTA and present a figure on transportation costs. Chairman O'Neal expressed appreciation to Mr. Dowd for his presentation. Presentation of Proposal Submitted by Metric Constructors for Site Located at Shipyard Blvd. and Holbrooke Avenue Mr. William W. Cram, Chief Estimator of Metric Constructors, Cary, North Carolina, expressed concerns about the solicitation of proposals and selection of the best and final offer. r- Mr. Cram presented his proposal stating all pre-solicitation criteria had been met with a bid of $10.36 per sq. ft. for a building that is functional and responds L to the needs and requirements of the Department of Social Services. He presented a preliminary site plan requesting reconsideration of his proposal. After further discussion, Chairman O'Neal expressed appreciation to Mr. Cram for his presentation. Presentation of Proposal Submitted by Modern Properties, Inc. for Location at 16th and Greenfield Streets Mr. H. G. Bryant presented his proposal stating all criteria had been met and submitted a bid of $9.49 per sq. ft. Discussion was held on the location of the property and exact lot being submitted. It was the consensus of the Commissioners to further review this proposal. Chairman O'Neal expressed appreciation to Mr. Bryant for his presentation. Discussion was held on the option to purchase property with reference to the 17th and Greenfield Streets site. Mr. David Barefoot, representing Associated Builders, stated the company had an executed Option to Purchase contract. vice-Chairman Dolon recommended providing offerors who had presented proposals another opportunity to submit their best and final bid to the review committee before making a final selection. After further discussion, it was the consensus of the Board to have Mr. John Jefferies to further study the proposals submitted with recommendations being presented to the Commissioners within two weeks. Board of Commissioners Meeting 11/04/2013 6-9-3 MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) 4 ADOPTION OF CABLE TELEVISION FRANCHISE - JONES INTERCABLE, INC. - FIRST READING Mr. David Barefoot, representing Jones Intercable, Inc. , gave background information on the franchise stating the company had rebulit, upgraded and expanded the system in New Hanover County from 13 channels to 27 channels. He requested approval of application for a Cable Television Franchise. County Attorney Pope requested deletion of the last n paragraph in the franchise upon adoption stating the comapny had not been sold as previously indicated. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt an ordinance upon the first reading granting a franchise to Cable TV Fund VIII-B, LTD. with deletion of the last paragraph as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Ordinance will be placed on the May 18, 1987, Agenda for final approval upon the second reading. MARTIN LUTHER KING DAY DECLARED AS A PAID HOLIDAY County Manager Cooper stated the Human Relations Commission had requested the Commissioners to declare Martin Luther King Day on the third Monday in January as a paid holiday. After discussion of State and County holidays, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to follow the lead of the State in declaring Martin Luther King Day as a paid holiday on the third Monday in January requesting the Personnel Department to track actions of the State in holidays to be observed. Upon vote, the MOTION CARRIED UNANIMOUSLY. EXECUTIVE SESSION County Attorney Pope requested an Executive Session to discuss pending litigation. Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to convene to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal convened from Regular Session to Executive Session at 5:25 o'clock P.M. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened to Regular Session at 6:15 o'clock P.M. MEETING RECESSED FOR DINNER Chairman O'Neal recessed the Regular Session for dinner from 6:16 o'clock P.M. to 7:08 o'clock P.M. ADOPTION OF AN ORDER To CLOSE A PORTION OF JACKSON STREET LOCATED IN FEDERAL POINT TOWNSHIP Planning Director Hayes gave background information on a Resolution of Intent to close a portion of Jackson Street L-i located in Federal Point Township. He stated Mr. Amsey Boyd, the property owner, had requested the first 200 feet of Jackson Street north of Settlers Lane remain open in order to provide access for future development. Planning Director Hayes stated the staff had no problem with this request. Chairman O'Neal asked if anyone present wished to speak on the proposed road closing. The following person commented: Board of Commissioners Meeting 11/04/2013 6-9-4 f MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) ADOPTION OF ORDER TO CLOSE ROAD (CONTINUED) Mr. Jim Knox presented a map requesting the Board to adopt the Resolution of Intent with the exception of the 200 feet as requested by Mr. Boyd. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the Resolution of Intent for closing a portion of Jackson Street with exception of the first 200 feet as requested by Mr. Boyd. Upon vote, the MOTION n CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XV, Page 18. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION FOR APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF COMMUNITY ASSISTANCE FOR A REVITALIZATION GRANT FOR HOUSING REHABILITATION Planning Director Hayes gave background information on application for a grant in the amount of $600,000 to rehabilitate thirty-six (36) low-income households in Phase I of the Sewer Project. He stated the City was willing to assist the County in the rehabilitation housing program, and a loan program would be established to generate revenue to develop a revolving fund for use in later phases of the system. Planning Director Hayes commented on a local commitment of approximately $150,000 over a period of two to three years if the grant is awarded. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present would like to comment on the grant application. No one commented. Chairman O'Neal closed the Public Hearing. Vice-Chairman Dolan expressed concern for the amount of the local contribution stating no backup data had been received on this commitment. After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the resolution as presented by the Planning Director authorizing submission of an application to the North Carolina Department of Natural Resources and Community Development, Division of Community Assistance, for a Community Revitalization Grant in the amount of $600,000 for the purpose of housing rehabilitation. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman O'Neal Voting Noe: Vice-Chairman Dolan r A copy of the resolution is contained in Exhibit Book XV, Page 18. PUBLIC HEARING TO CONSIDER ADOPTION OF THE MIDDLE SOUND/OGDEN LAND USE PLAN Planning Director Hayes gave background information on the Middle Sound/Ogden Land Use Plan stating the plan is intended to serve as a policy guide for future growth and development of the Middle Sound/Ogden Community. He stated over 200 residents attended meetings and participated in data collection, problem identification, and establishment of objectives for the plan. Board of Commissioners Meeting 11/04/2013 6-9-5 - — MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) 4 � PUBLIC HEARING ON LAND USE PLAN (CONTINUED) Planning Director Hayes stated the plan addresses three critical areas of concern in this community: traffic, development, and environment with traffic being the first priority. He presented the following options to assist in addressing the traffic problem: (1) widen Market Street to five (5) lanes from Eastwood Road to beyond Bayshore Estates, and (2) establish alternate access route(s) for Middle Sound Loop Road. Other areas of concern were h residential density and the high rate of development. He stated recommended action is to rezone undeveloped land in the area to lower residential density such as R-20 Residential District or Rural Agricultural. Staff Planner Patti Logsdon and Staff Planner Wanda Coston presented charts of the proposed plan. Discussion was held on the traffic problem and meetings with the N. C. Department of Transportation. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present would like to speak in favor of the proposed plan. The following person commented expressing appreciation to the County and Planning Staff for allowing citizens of the Middle Sound/Ogden area to participate in developing a plan for their community: Mr. Richard B. Gwathmey, Jr. Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed plan. The following person commented stating the plan does not adequately address the traffic and growth problems requesting further study before adoption: Mr. Wilbur E. Bryant Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the Neighborhood Plan for the Middle Sound/Ogden Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on the traffic problem. Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to write Governor Martin and N. C. Department of Transportation requesting immediate relief for the traffic situation in this area. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Gwathmey, representing the Middle/Sound Ogden Community, presented a resolution requesting a moratorium on permits for subdivisions, mobile home parks, multi-unit rental or condominium projects until the widening of U. S. 17 North to five lanes from the Ogden stoplight to N. C. 132 is completed or until January 1, 1988, whichever is earlier. It was the consensus of the Board not to make a decision on the moratorium request at this time. WITHDRAWAL OF PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE 2.02 ACRES ON THE SOUTHEAST SIDE OF BLUE CLAY ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes stated the petitioner had withdrawn his appeal. Board of Commissioners Meeting 11/04/2013 6-9-6 MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO CLARIFY THE APPLICABILITY OF SPECIAL HIGHWAY OVERLAY DISTRICT REGULATIONS TO NON-RESIDENTIAL USES Planning Director Hayes gave background information on the proposed Text Amendment clarifying applicability to non-residential uses in the Special Highway Overlay District. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in opposition to the Text Amendment. No one commented. Chairman O'Neal closed the Public Hearing. After discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to approve the Text Amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 18. BREAK Chairman O'Neal recessed the meeting for a break from 8:25 o'clock P.M. to 8:40 o'clock P.M. PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE REVISIONS TO SECTION 94-2 REGARDING THE PLACEMENT, LOCATION, REMOVAL, AND SIZE OF OUTDOOR ADVERTISING SIGNS Planning Director Hayes gave background information on preparation of proposed billboard regulations with Assistant Planning Director, Dave Weaver; Staff Planner, Patti Logsdon; and Staff Planner; Wanda Coston, explaining the r following regulatory alternatives: 1. Leave the regulations as they are: Permitted in Highway Business & Industrial Zoning districts but not along I-40, Eastwood Rd. and River Rd. The minimum space between signs is 1,000 ft. on same side of highway; and 150 ft. on opposite side of highway with a maximum sign area of 450 sq. ft. and a maximum height of 40 €t. No amortization period is required. 2. Adopt regulations similar to the City of Raleigh: Permitted only in Industrial Zoning districts but not along I-40, Eastwood Road and River Road. The minimum space between signs is 1,000 ft. in any direction with a maximum sign area of 150 sq. ft. on 4-lane roads; and 75 sq. ft. on 3-lane roads with a maximum height of 30 ft. All non-conforming billboards must be removed or fixed within 5 1/2 years. 3. Ban all new billboards: Not permitted anywhere. Billboards along certain roads must be removed within 5 1/2 years. n Discussion was held on the difference between on-premise and off-premise signs with the distinction that on-premise signs typically represent the only way for a business to identify itself and can be considered an accessory to a principal use. off-premise signs (billboards) can be considered as a principal use that derives its total value solely from its proximity next to a public investment. A lengthy discussion was held on amortization. Board of Commissioners Meeting 11/04/2013 6-9-7 MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) 5 PUBLIC HEARING ON BILLBOARDS (CONTINUED) Planning Director Hayes stated the Planning Board and Planning Staff recommended the proposed plan patterned after the City of Raleigh. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present would like to speak in favor of the proposed billboard regulations. The following persons commented expressing concern for the aesthetic impact of billboards in New Hanover County requesting a ban on billboards or adoption of a plan similar to the City of Raleigh. Mr. John Sawyer Mr. Peter Davis Mr. Ben Washburn Mr. Jack Dunn Mr. Bill Raney Mr. Allan White Mr. Lance Bivens Mr. Mike Vaughan Ms. Eda Fitzpatrick Mr. Cay Davis Mr. Mike Hodges Mr. John Sawyer, Chairman of the Planning Board, expressed appreciation to the County Planning Staff for the work and time given to prepare the billboard ordinance stating he felt the Raleigh Plan would work well in New Hanover County. Chairman O'Neal asked if anyone from the general public wished to speak in opposition to the proposed billboard regulations. The following persons commented expressing concern for approving an ordinance that will eliminate billboards within 5 years and the impact upon the tourist industry, businesses, and loss of jobs by persons working for outdoor advertising companies: Mr. James Pridgen Mr. Dan Woodwock Mr. John Domony Mr. Tom Hodges Mr. Boyd Knapp The following person commented in a neutral position encouraging further study of "just compensation" and current County and City regulations before making a final decision: Mr. Rick Willetts, Jr. Mr. Don Jones, a local citizen, commented on representative government and the beauty of New Hanover County. Chairman O'Neal closed the Public Hearing. r� Commissioner Retchin commented on the following areas where billboards would be allowed if the Raleigh Plan is adopted: 1) Highway 421, across the river (does not include Highway 421, South) and a small portion of the northern area of the County stating adoption of this plan would effectively eliminate billboards. He expressed concern for this plan stating the County had been continually addressing billboard regulations. After further discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to adopt the ordinance as proposed by the Planning Board and Planning Staff similar to the ordinance for the City of Raleigh with a change in the Board of Commissioners Meeting 11/04/2013 6-9-8 MINUTES OF REGULAR MEETING PLXY 4, 1987 (CONTINUED) O � PUBLIC HEARINGS ON BILLBOARDS (CONTINUED) minimum distance for location of signs next to churches, parks, and schools from 200 ft. to 400 ft. Chairman O'Neal opened the floor for further discussions. Commissioner Retchin stated the major problem involved was the size of signs and made a SUBSTITUTE MOTION, SECONDED by Commissioner Barfield to include B-2 Highway Business r with a 1,000 ft. spacing in any direction; increase distance to 400 ft. next to churches, parks, and schools; limit the size of signs to 300 sq. ft. on 4 lanes roads and 150 sq. ft. on three lane roads; and reduce the maximum height to 30 ft. Chairman O'Neal called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Voting Noe: Commissioner Corbett vice-Chairman Dolan Chairman O'Neal Chairman O'Neal called for a vote on the ORIGINAL MOTION as referenced above. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Abstaining: Commissioner Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 18. BREAK Chairman O'Neal recessed the meeting for a break from 10:30 o'clock P.M. to 10:45 o'clock P.M. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Chairman O'Neal adjourned the meeting at 10:50 o'clock P.M. Respectfully submitted, 4Lucaie F. Harrell Clerk to the Board r Board of Commissioners Meeting 11/04/2013 6-9-9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4,2013 CONSENT ITEM: 7 DEPARTMENT: PRESENTER(S): Cam Griffin,Budget Director CONTACT(S):Cam Griffin SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2014: 14-020-DSS 14-022- Sheriffs Office 14-023 - Senior Resource Center 14-024- Sheriffs Office 14-025- Sheriffs Office 14-026- Sheriffs Office 14-028-Finance STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 14-020 B/A 14-022 B/A 14-023 B/A 14-024 B/A 14-025 B/A 14-026 B/A 14-028 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 7-0 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 020 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-020 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Provide health/wellness education,programs, and services Fund: General Fund Department: Social Services Expenditure: Decrease Increase DSS-Daycare Services $191,152 DSS-Daycare Services IV-E Dollars $69,037 Total $191,152 $69,037 Revenue: Decrease Increase DSS-State Subsidy $191,152 DSS-State Subsidy IV-E Dollars $69,037 Total $191,152 $69 037 Section 2: Explanation This amendment amends the budget by reducing the DSS expenditure for Daycare Services.The decrease of $191,152 in the budget is due to sequestration.In addition,this budget amendment reflects the IV-E funds of $69,037 received as reimbursement for our IV-E eligible children for the months of June 1,2013 through September 30,2013.The net result of these two transactions is a decrease of$122,115.This reduction in funding will have an impact on parents being able to maintain or accept employment as funding for approximately 44 children will be eliminated for the remainder of the fiscal year.As of September 30,2013 the current waiting list was 773. 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 14-020, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7- 1 - 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 022 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-022 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: General Fund Department: Sheriff's Office Expenditure: Decrease Increase Sheriff s Office $20,000 Total $0 $20,000 Revenue: Decrease Increase Sheriff s Office $20,000 Total $0 $20,000 Section 2: Explanation This amendment budgets for an increase in revenue due to a Federal grant award from the N.C. Governor's Highway Safety Program(GHSP).The board approved the application for this grant on February 18,2013. Funds will be used for training and in-state/out-of-state travel reimbursement for Sheriffs Office personnel related to the"Booze It and Loose It" and"Click it or Ticket" campaign for Region 3 (southwest region). There is no matching funds requirement for this grant. 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 14-022, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-2- 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 023 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 14-023 be made to the annual budget ordinance for the fiscal year ending June 30,2014. 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 Resources Center/Finance Expenditure: Decrease Increase Senior Resources Center $14,290 Total $0 $14,290 Revenue: Decrease Increase Home and Community Care Block Grant $9,551 NCDOT Rural Operating Assistance Program $4,739 Total $0 $14,290 Section 2: Explanation The Division of Aging and Adult Services has awarded additional Home and Community Care Block Grant(HCCBG)funds to the Senior Resource Center. The funding will be used to increase the Home Delivered Meals program by$2,116 and the Transportation program by$7,435. Also,the NC Department of Transportation's Rural Operating Assistance Program(ROAP)was awarded$4,739 more than estimated in the FY14 Adopted Budget. The 10%match required for the HCCBG funds is available in the current Senior Resource Center operating budget and the ROAP funds do not require a County match. 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 14-023,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-3- 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 024 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-024 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Federal Forfeited Property Fund Department: Sheriff Expenditure: Decrease Increase Sheriff s Office $3,532 Total $0 $3,532 Revenue: Decrease Increase Sheriff s Office $3,532 Total $0 $3,532 Section 2: Explanation To budget Federal Forfeited Fund receipts of 9/24/13. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in the Federal Forfeited Property Fund is$226,935. 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 14-024, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-4- 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 025 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-025 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Controlled Substance Tax Fund Department: Sheriff Expenditure: Decrease Increase Sheriff s Office $16,718 Total $0 $16,718 Revenue: Decrease Increase Sheriff s Office $16,718 Total $0 $16,718 Section 2: Explanation To budget Controlled Substance Tax receipts for 9/23/13 and 10/20/13 and interest on investments. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is$50,092. 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 14-025, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-5- 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 026 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-026 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Department: Sheriff's Office Expenditure: Decrease Increase Sheriff s Office $6,143 Total $6,143 $0' Revenue: Decrease Increase Sheriff s Office $6,143 Total $6,143 $0 Section 2: Explanation To budget actual grant award from Governor's Highway Safety Program for DWI/Seat Belt Enforcement approved by Commissioners at the February 18,2013 meeting. This is the third year of a four year grant. The match for year three is$79,822 which is currently included in Sheriffs budget. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-026, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-6- 1 AGENDA: November 4,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 028 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-028 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Deliver value for taxpayer money Fund: Qualified School Construction Bond(QSCB) Department: Finance Expenditure: Decrease Increase Capital project expense $12,064 Total $0 $12,064 Revenue: Decrease Increase Interest on investments $12,064 Total $0 $12,064 Section 2: Explanation On June 7,2010,the Board of County Commissioners approved the Board of Education's request to apply for Qualified School Construction Bonds(QSCB)made available through the American Recovery and Reinvestment Act of 2009(ARRA). The projects funded by the QSCB funds are complete. The bond bank account has earned$12,064 interest. The terms of the bond require that the interest earned be used on an approved project. The Noble HVAC Replacement project was approved for QSCB funding as well as Lottery. The Board of Education has requested that the interest earnings in the amount of S 12,064 be allocated for the Noble HVAC Replacement project. 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 14-028, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 4th day of November,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/04/2013 7-7- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4,2013 CONSENT ITEM: g DEPARTMENT: PRESENTER(S): Joe Suleyman,Environmental Management Director CONTACT(S):Joe Suleyman,Environmental Management Director SUBJECT: Ratification of the Approval of an Application for the Waiver of Landfill Tipping Fees for the 2013 Cape Fear Fair and Expo,Retroactive to October 31,2013 BRIEF SUMMARY: The Environmental Management Department received an application for the waiver of tipping fees from the Cape Fear Fair and Expo. The application was received on October 31, 2013. The 2013 event dates are November 1 -November 10th. The estimated amount of expected waste for the full event is 45 tons($2,655). This non-profit organization intends to use the proceeds gained from the waiver of tipping fees to support local scholarship and educational programs. The landfill has waived a total of$35,724 in tipping fees(605.5 tons)this fiscal year to date. The Environmental Management Director recommends the ratification of approval of the waiver request, retroactive to October 31,2013. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratification of the Approval of an Application to Waive Tipping fees for the 2013 Cape Fear Fair and Expo. ATTACHMENTS: Cape Fear Fair and Expo Tipping Fee Waiver Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend ratification. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 8-0 APPLICATIC)N F0,1R. 'WAI"fir ,,'R OF TIPI-4.xi NG FEES Th;s fon-n should be comp itted xi d submitted to U--c D-1r;.-ctor of Divironmental Management for consideration of a waiver of eft ablished tipping ft,.L-s. '.hr,3 o,,%-cjjr w"qj review he application and a recniurncrid,!dor, to the Bca of qvn , )I;I-D i S.s i ol Wis Subralt the completed fort n to; Joe Sulayman Director, Environweii.talNi,-tt�,ageri-ic�.t 3002 TIJS all ghway 421 Nort-4 W; ix ton, NCI 28401 �'—ECT ION OtNE (Ta o be conspieted by Appowilernalf, Name of Org-tinkration: jl - E7 ,Z,9 14 Address: cenblet: Phone. Emah Addrzss- I .' What L;-&�e mission of Lit organization', 61 cr,k-c'N. doidocs your orgmzatior. provi&, n0 the he,type ff s T�' Hanov�r County? 3 a 0,ut int; dtic necos-sity of this ,,.lqu 11 i st a i e p, raipapt. 0 0 M o U) rt%�Y-40 nd 10 c Board of Commissioners Meeting 11/04/2013 8- 1 - 1 4., qave tipping fees been waived in the past for this organization (circle one)? NO 5.) Ploase attach a covv do curlientalion o4"your ,rgar.-L�ation's IRS status 6..) Willat was►e remcvaj/hI,-dUling be trarspq,,.ruw-,. 5 aurv'-LINL,," I Wnv. ix lk cstimalc Funount (in tons,or eubiv. %;trd;) of expected wutc "D Tons OR Cnb."X I--- -------------------- I herdZp c rhfy Muxt Me inji;2rmadon above is True an rep ate, and that I,aw cr.ulkarized by nq fp,�qanizadon tv.,pubm,'Y Mis .red eat oa ;ts Ziehatr I also undersiard that it is aq,wganizatiara�v msponsiioliti. to ernure Ybur o isa- rtA� is o:,I;ripbibited wastes, 14411 he diypo,y cd g?f Signa'!,im: Date: TWO (ro be complated by Nuic iww IWO)IVI NIEND f 1)0 C Yl' R E( �d,Al NI, E N i-) c.ircle opi&). Signptur�: Date: A-0 Cc: IVIA,I I 'aluffl! Clerk to the Boea-d Board of Commissioners Meeting 11/04/2013 8- 1 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4, 2013 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner and Chris O'Keefe, Planning&Inspections Director(PB Rep: Ted Shipley) CONTACT(S): Ben Andrea; Ken Vafier,Planning Supervisor; and Chris O'Keefe SUBJECT: Public Hearing Rezoning Request (Z-928, 10/13) - Request by James C. Walker of CBR Wilmington, LLC to Rezone 11.43 Acres Located at 4728 and 4800 Carolina Beach Road from R-15 Zoning District to R-7 Conditional Zoning District to Develop a Residential Subdivision BRIEF SUMMARY: The petitioner is seeking to rezone 11.43 acres on Carolina Beach Road from R-15, Residential District, to R-7 Residential Conditional Zoning District with an accompanying conceptual site plan to pursue a 42-lot Performance Residential subdivision. Should the rezoning request be granted, a preliminary plan will be submitted for consideration by the Technical Review Committee (TRC) in accordance with the New Hanover County Subdivision Ordinance. At their October 3, 2013 meeting, the Planning Board voted 5-0 to recommend approval of the rezoning request. No one from the public spoke in support or in opposition of the rezoning request. The subject properties are classified as Urban according to the 2006 CAMA Land Use Plan. 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 Motion to approve the petitioner's proposal 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: Board of Commissioners Meeting 11/04/2013 9-0 Approve the petitioner's proposal as requested. ATTACHMENTS: Z-928 Script Z-928 Petition Summary Z-928 Staff Summary Z-928 Neighbor Parcels Map W/List Z-928 Zoning Map Z-928 Zoning-Ortho Map Z-928 Reference/Ortho Map Z-928 Applicant Materials Cover Z-928 Application Z-928 Site Plan Cover Z-928 Proposed Site Plan Z-928 Property Description-Map Z-928 Agent Designation Z-928 Community Meeting Report Z-928 Traffic Impact Worksheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/04/2013 9-0 Script for Rezoning (Z-928) 10/13 Request by James C. Walker of CBR Wilmington, LLC to rezone 11.43 acres located at 4728 and 4800 Carolina Beach Road from R-15 Zoning District to R-7 Conditional Zoning District to develop a residential subdivision. The subject properties are classified as Urban according to the 2006 CAMA Land Use 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 11/04/2013 9- 1 - 1 Case Z-928,(10/13) Rezone from R-15, Residential District, to CZD R-7, Medium Density Residential District Petition Summary Data Parcel Location &Acreage: 4728 and 4800 Carolina Beach Road, 11.43 acres Owner/Petitioner: James C. Walker, CBR Wilmington, LLC Existing Land Use: Single Family Residential Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead Park Access &Traffic Volume: Average Daily Trips (ADT) at Carolina Beach Road and Antoinette Drive in August 2013 was 30,260, representing a Level of Service (LOS) of"F". Fire District: New Hanover County South Watershed &Water Quality Classification: Barnards Creek(C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Johnston Soils (JO)—Severe: Flooding/Wetness Seagate Fine Sand (Se)—Severe: Wetness Lynn Haven Fine Sand (Ly)—Severe: Wetness Stallings Fine Sand (St)—Severe: Wetness Schools: Williams Elementary, Myrtle Grove Middle, Ashley High Z-928, 10/13 Page 1 Board of Commissioners Meeting 11/04/2013 9-2- 1 CONDITIONAL ZONING DISTRICT REZONING REQUEST CASE: Z-928, 10/13 PETITIONER: James C. Walker, CBR Wilmington, LLC REQUEST: Rezone from R-15 Residential District to CZD R-7 Medium Density Residential District ACREAGE: 11.43 LOCATION: 4728 and 4800 Carolina Beach Road Parcel ID Number: 7100-002-009-000 LAND CLASS: Urban EXISITING CONDITIONS: Existing Zoning and Land Uses The subject property includes one parcel totaling 11.43 acres located along the south side of the 4700 block of Carolina Beach Road, approximately 1.25 miles from the Monkey Junction intersection of Carolina Beach Road and South College Road. The property is currently zoned R-15, Residential District, and the zoning in the vicinity is primarily R-15 with some areas of B-1, B-2, Multi-Family, and Office and Institutional zoning districts, including some under the jurisdiction of the City of Wilmington. Existing land use in the area consists of single family residential to the south and southeast, duplexes to the southwest on Yulan Drive, and two commercial uses (an electronics repair business and an automotive customization business) directly adjacent to the property to the north. Across Carolina Beach Road, existing land uses consist of a church and a single-family attached residential neighborhood, Magnolia Trace,which is currently under development. Existing Site Conditions The site features direct 420.17' of frontage along and two driveways onto Carolina Beach Road. One of the existing driveways provides access to an occupied single family residential structure at 4800 Carolina Beach Road. The other driveway provides access to 4728 Carolina Beach Road Units A through E; these modular single family residential structures appeared to be occupied as observed on a site visit on September 20, 2013. Energy transmission lines run adjacent to the property along Carolina Beach Road, within the road's right-of-way. Utility easements of varying widths run along the interior of the southeastern and southwestern parcel boundary lines. Environmental Conditions A non-navigable water feature known as Long Branch traverses the southwestern portion of the property and drains to Barnards Creek, which has a water quality classification of C, Sw by the NC Department of Environment and Natural Resources. Soil types on the site include Johnston Soil (JO), Seagate Fine Sand (Se), Lynn Haven Fine Sand (Ly), and Stallings Fine Sand (St). The following table describes the each soil type's limitations for building site development: Z-928, (10/13) Page 1 Board of Commissioners Meeting 11/04/2013 9-3- 1 Building Site Development Restrictions Map Soil Name Symbol Shallow Excavations Dwellings without Local Roads and Basements Streets Lynn Haven Fine Severe: cutbanks cave, Ly Severe: wetness Severe: wetness Sand wetness Severe: cutbanks cave Moderate: wetness Jo wetness Severe: flooding flooding Johnston Soils g Seagate Fine Sand Se Severe: wetness Severe: wetness Moderate: wetness Stallings Find Sand St Severe: wetness Severe: wetness Moderate: wetness No portion of the property lies within a Special Flood Hazard Area and there are no CAMA Areas of Environmental Concern on the site. A cursory review of the site by the application for significant trees noted some significant trees on the property which will need to be mitigated, as well as some significant trees in the area proposed for open space that are proposed to be preserved to the maximum extent practical. Traffic and Transportation Wilmington Metropolitan Planning Organization Staff has provided information that traffic counts were conducted on Carolina Beach Road from August 27, 2013 to August 30, 2013 at two locations. North of the site, at McCarley Boulevard to Fairfield Drive, the average daily trip count (ADT) was 29,843. South of the site, just north of Antoinette Drive, the average daily trip count was 30,262. These figures represent an "F" Level of Service (LOS) meaning that traffic counts are exceeding design capacity of the road, which is listed at 29,300. The subject property is in the vicinity of two transit stops served by WAVE Transit Bus Route 201. The closest stop is located approximately 0.12 mile northwest at the intersection of Carolina Beach Road and Silva Terra Drive and another stop is located approximately 0.19 mile southeast of the property at the intersection of Carolina Beach Road and Horn Road. Community Services Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. The applicant has indicated that an existing sewer line on the southern portion of the property and an existing waterline on the opposite side of Carolina Beach Road can be tapped for service. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County South Fire District. Schools: The property is located within the school districts for Williams Elementary, Myrtle Grove Middle, and Ashley High schools. New Hanover County Schools Staff provided the following information regarding the enrollments and capacities of these schools, as of September 26, 2013: Z-928, (10/13) Page 2 Board of Commissioners Meeting 11/04/2013 9-3-2 Building No. of Total Current School Capacity Mobile Capacity Enrollment Units Williams Elementary 469 2 509 451 Myrtle Grove Middle 810 0 810 825 Ashley High 1 1590 1 0 1 1590 1 1846 Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking to rezone the property from R-15, Residential District, to R-7 Residential Conditional Zoning District with the accompanying conceptual site plan to pursue a 42 lot Performance Residential subdivision. Should the rezoning request be granted, a preliminary plan may be submitted for consideration by the Technical Review Committee(TRC) in accordance with the New Hanover County Subdivision Ordinance. Because any major modification to an approved Conditional Zoning District site plan must be approved by the Board of Commissioners, Staff and the Petitioner have worked to address issues that may arise during the TRC review process, including soliciting comments from key TRC members including the Cape Fear Public Utility Authority (CFPUA), New Hanover County Fire Services, New Hanover County Engineering, North Carolina Department of Transportation (NC DOT), and the Wilmington Metropolitan Planning Organization (WMPO). The proposed project, Adam's Landing, consists of 42 residential lots, a road network, open space, and stormwater management features on the 11.43 acres site. All existing structures would be removed and the petitioner is proposing to completely develop the infrastructure initially and record the lots in two phases. The proposed 42 lots would be for detached single family residential structures with a minimal lot size of 5,000 square feet and average dimensions of 60' x 110'. Maximum structure height is limited to 35' per the Zoning Ordinance. The applicant has stated the density is approximately 3.7 units per acre, under the maximum allowance of 6 units per acre for R-7 Performance Residential per Section 51.8-4 of the Zoning Ordinance. A 20' interior perimeter setback has been designated on the site plan. Access to the subdivision would be via a 50' wide right-of-way subdivision road connecting directly to Carolina Beach Road. From the primary subdivision road stems two cul de sacs and one street terminating with a stub to the adjacent property on the southeastern boundary; these three roads are proposed to have 40' rights-of-way. The roads are proposed to be built to NC DOT subdivision road standards and dedicated as public. Sidewalks are proposed on both sides of the streets. Open space is proposed in two areas and a minimum of 1.26 acres of open space is proposed in the southeastern portion of the property. Half of this open space area (0.63 acre) will meet the criteria for active open space and the remaining half shall be passive open space. The area for the stormwater pond will not be included in the calculation of the open space area. The second area of open space is a Z-928, (10/13) Page 3 Board of Commissioners Meeting 11/04/2013 9-3-3 strip along the frontage of Carolina Beach Road which will serve as a buffer between the residential lots and the thoroughfare. This open space area is not proposed to be included to meet the minimum required 1.26 acres. An 8'tall opaque fence is proposed along the southeastern boundary line to buffer the new residential lots from the existing residential uses. STAFF POSITION: Proposed Zoning Classification Considerations Adopted in 2012, the purpose of the R-7 zoning district is to encourage medium density development in Urban and Transition areas of the county where adequate services are available. The district allows for greater variety of housing types provided that environmental impacts are minimized and adequate open space is provided. The R-7 zoning district has several intents: • Provide for greater population densities to facilitate high qualify affordable housing, a greater range of lifestyles and income levels in close proximate to commercial and employment centers. • Provide for the efficient delivery of public services and to increase residents' accessibility to employment, transportation, and shopping. • Serve as a buffer and transition area between more intensively developed areas and lower density residential areas. Staff opines that the proposal is in harmony with the intentions of the R-7 zoning district. Land Use Plan Classification and Policy Considerations The subject property is classified as Urban according to the 2006 Wilmington-New Hanover County Joint CAMA Land Use Plan. The Urban land use classification is intended to provide for continued intensive development and redevelopment of existing urban areas. The proposal is consistent with the Urban land use classification and not contradictory to any policies within the Land Use Plan. Road Network and Design All proposed roads will be required to be designed and constructed to NC DOT subdivision road standards, including conforming to the required widths and cross sections. An NC DOT Driveway Permit will be required for the road connection to Carolina Beach Road. WMPO Staff has indicated that significant utilities and infrastructure including traffic signal fiber optic cable, communications cables, and overhead electrical transmission lines exist along the frontage on Carolina Beach Road and the presence of this infrastructure may pose conflicts for the subdivision road connection and deceleration lane. Encroachment Agreements will be required for any utility connections or installations within NC DOT right-of-way (with some exceptions per NC DOT). New Hanover County Fire Services has indicated that the cul-de-sac diameters must be a minimum of 96', and that no gates or traffic calming measures will be permitted. Further review of these issues will occur during the TRC review of the Preliminary Plan. Traffic Per the Subdivision Ordinance Section 32-2(22), a traffic impact analysis (TIA) must be completed prior to the submission of any preliminary plan that will generate more than 100 trips during the peak hour. Based on the traffic impact worksheet provided by the applicant, the project will not warrant a TIA. Z-928, (10/13) Page 4 Board of Commissioners Meeting 11/04/2013 9-3-4 Utilities and Infrastructure Water and sewer service must be provided by CFPUA per the Zoning Ordinance and the applicant has indicated that existing water and sewer infrastructure nearby will be tapped to serve the project. CFPUA Staff has indicated that capacity is available at this time but will be further evaluated after the proper submittals to the Authority have been made during the Preliminary Plan review. Utility easements of 10' in width will be required along lot frontages on the Preliminary Plan. New Hanover County Fire Services has indicated that one fire hydrant should be located near the entrance from Carolina Beach Road one hydrant near the second intersection on whichever side of the street the water main will be located. Further review of these issues will occur during the TRC review of the Preliminary Plan. Environmental The project will be subject to several environmental regulations and permits. New Hanover County Engineering has indicated that a Stormwater Authorization to Construct and a Sediment and Erosion Control Permit will be required. Drainage easements will be required and must be verified on the final plat. The area around and including the run of Long Branch may contain wetlands and easements shall be required. Finally, the project is subject to a maximum impervious surface ratio for the gross site area of 50%. Further review of these issues will occur during the TRC review of the Preliminary Plan. Landscaping and Buffering Because the proposed minimum size is 5,000 square feet, no buffers are required for the project per Section 62.1-4(2) of the Zoning Ordinance. Although a cursory survey of significant trees was performed, a survey of the significant trees will be required as part of the Landscaping Plan per Section 62.1-8 of the Zoning Ordinance. The site does feature some significant existing vegetation, and retention and augmentation of the existing vegetation is encouraged to the maximum extent practicable. Aside from the potential mitigation of any significant trees, no additional landscaping is required. Open Space and Recreational Amenities The applicant is proposing to provide at least the minimum of 1.26 acres (0.03 acres per lot) required for the 42 lot subdivision. Per the Subdivision Ordinance, half of the provided open space must be Active Recreation Area and half Passive Recreation Area. The portion of open space adjacent to Carolina Beach Road does not meet the intent of open or recreation area and shall not be included in the computing the minimum 1.26 acres of required open space. Sidewalks are required to be constructed on both sides of the streets as well as along the frontage on Carolina Beach Road in accordance with Section 51.8-5(3) of the Zoning Ordinance and Section 52-11 of the Subdivision Ordinance. A further review of the proposed open space and sidewalk design will occur during the TRC review of the Preliminary Plan. REVIEW AND ACTION: This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on Wednesday, July 24, 2013 in accordance with the requirements for such a request. The community meeting had six attendees with questions regarding the project, but no opposition was voiced. A community meeting report was submitted by the petitioner. At their October 3, 2013, the Planning Board passed a motion 5-0 recommending approval of the request as presented. There were less than 10 members of the public in attendance for the Public Hearing at the Planning Z-928, (10/13) Page 5 Board of Commissioners Meeting 11/04/2013 9-3-5 Board, and no support or opposition was posed. Staff recommends the approval of the proposal as requested. Action Needed • Motion to approve the petitioner's proposal • 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: Approve the petitioner's proposal as requested. Z-928, (10/13) Page 6 Board of Commissioners Meeting 11/04/2013 9-3-6 LO GUTCL 7ZI, z CY) .0 0 00 z 00 m co E E ------------------- 0 ♦ 3 ♦ 0 %% LO I 6V 04 0 LL 0 0 0 00 C4 (0 0 N cl I�r 0) 00 (0 (0 LO (0 LO 00 0 (3) (D CL LO 0 2 -47 — 0 C: 4) co r- 0 — 00 -'e 04 a) -0 LO 00 -7 Oo (D LO (D 00 L) 00 00 LO W E co o 0 cc > (n L) Z 4— 00 CI) 0) (0 0) co E co 0 0) co C N C, No 0) co X 0 00 co (D 04 I- o �2 0 00 (D 0) CL o 0 C \ROLI ,t .0 0 U) 00 v o in — = 00 Z CD C4 co ek- -"�()N-vii INN Bo d f issl Case#Z-928, 10/13 PB Neighbor Parcels ID for Map Neighbor ID Owner Neighbor ID Owner 0 CBR WILMINGTON LLC 45 SOUTH COLLEGE ASSOCIATES LLC 1 HENDERSON DANITA FOLTZ REVOCABLE TRUST 46 SOUTH COLLEGE ASSOCIATES LLC 2 HOGAN JEFFREY D 47 SOUTH COLLEGE ASSOCIATES LLC 3 DUNN GERALD N JO ANN 48 SOUTH COLLEGE ASSOCIATES LLC 4 AV HOLDINGS LLC 49 SOUTH COLLEGE ASSOCIATES LLC 5 RAYJEREMY 50 SOUTH COLLEGE ASSOCIATES LLC 6 BELL JANA B PHILLIP 51 SOUTH COLLEGE ASSOCIATES LLC 7 LANGLEY ERIC W 52 SOUTH COLLEGE ASSOCIATES LLC 8 HOGAN JEFFREY D 53 SOUTH COLLEGE ASSOCIATES LLC 9 MARCUCILLI ANTHONY SHIRLEY 54 SOUTH COLLEGE ASSOCIATES LLC 10 BOSWELL DIANE LIF EST 55 CASON RODNEY 11 MARCUCILLI ANTHONY JOSEPH ETAL 56 SOUTH COLLEGE ASSOCIATES LLC 12 LANE ROY RICHARD 57 SOUTH COLLEGE ASSOCIATES LLC 13 MALPASS RU DIE M REV TRUST 58 SOUTH COLLEGE ASSOCIATES LLC 14 GASQUE STEVEN L ELIZABETH D 59 SOUTH COLLEGE ASSOCIATES LLC 15 EDWARDS BENNIE L IRIS B 60 SOUTH COLLEGE ASSOCIATES LLC 16 WEST TON NYA D 61 SOUTH COLLEGE ASSOCIATES LLC 17 MORSE JOSEPH L 62 SHP BELLEMEADE LLC 18 MANNING NANCY CAN NADY ETAL 63 LAWSON LAWRENCE HRS 19 BUYCE DAVID 64 UNDERKOFLER ALAN J ANITA P 20 EARNHARDT STACY LANE 65 STEWART MICHAEL K MICHELE L 21 BRADSHAW JOSEPH N WENDY A 66 WINTER WALTER O 22 MARCUCILLI ANTHONY SHIRLEY 67 WINTER WALTER O 23 STANGE BRYAN JAMES ETAL 68 WINTER WALTER O 24 FINN DORIS 69 WINTER WALTER O 25 TREETOPS HOA INC 70 WALTER JOSEPH E 26 RHODES ALEXANDRA 71 WINTER WALTER O 27 AV HOLDINGS LLC 72 HILDEBRAND ARTHUR SCOTT 28 AV HOLDINGS LLC 73 COITE LINDA 29 DUNCAN WILLIAM G LENEVE D 74 SAILFISH DEVELOPMENT& RENTALS 30 DUNCAN WILLIAM G LENEVE D 75 STEWART MICHAEL K MICHELE L 31 ABBOTT DORIS A 76 POSADAS HENRY C 32 EMBREY RICHARD W JR 77 WINTER WALTER O 33 CLARK JEFFREY S TAMMY W 78 RIGGS DONALD U DONNA P 34 SOUTH COLLEGE ASSOCIATES LLC 79 WINTER WALTER O 35 SOUTH COLLEGE ASSOCIATES LLC 80 DOWNING CAMILLA L ETAL 36 SOUTH COLLEGE ASSOCIATES LLC 81 HOGAN JEFFREY D 37 SOUTH COLLEGE ASSOCIATES LLC 82 HOGAN JEFFREY 38 SOUTH COLLEGE ASSOCIATES LLC 83 PADGETT DEMETRIA 39 SOUTH COLLEGE ASSOCIATES LLC 84 HOGAN JEFFREY D 40 SOUTH COLLEGE ASSOCIATES LLC 85 DOLFAX GUSTAVE BARBARA J 41 SILVER LAKE BAPTIST CHURCH INC 86 NELSON JEAN M 42 SOUTH COLLEGE ASSOCIATES LLC 87 MASON MICHAEL D 43 ISOUTH COLLEGE ASSOCIATES LLC 88 IWISE MARY H 44 ISOUTH COLLEGE ASSOCIATES LLC 89 ITODD LACY K Board of Commiss ners Meeting 11/04/2 13 9-4-2 Case#Z-928, 10/13 PB Neighbor Parcels ID for Map Neighbor ID Owner 90 COURTNEY RICHARD D LISA S 91 MASON MICHAEL D 92 SWICEGOOD BETTY SUE 93 GARCIA VILLAFANE LUIS ETAL 94 CLARK JONATHAN VANCE 95 DOLFAX GUSTAVE F BARBARA J 96 RATLIFF ROBERT B III 97 REED JUDITH S ETAL 98 RUSS CHARLES LINDA 99 JOHNSTON GAIL RUSS ETAL 100 SWENSON CAROL A 101 DIGIOIA MATTHEW JEAN M NELSON 102 CASEY LAVONNE B 103 NORRIS BILLY WAYNE HELEN E 104 QUALITY WATER SUPPLIES 105 CLARK JEFFREY SCOTT TAMMY W 106 LB PROPERTIES OF WILMINGTON LLC 107 MALPASS RUDIE W QTIP TRUST AGR 108 HOGAN JEFFREY D 109 MARCUCILLI JOSEPH ETAL 110 UNDERKOFLER ALAN J ANITA P Board of Commiss ners Meeting 11/04/2013 9-4-3 ................................ 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Walker 4728 &4800 Carolina Beach Rd Company Owner Name 2 Parcel ED CBR Wilmington, LLC R07100-002-009-000 Address Address Area 13515 NC Highway 210 11.43 ac City,State,Zip City,State,Zip Existing Zoning and Use Rocky Point, NC 28457 -15 ( ) Phone Phone Proposed Zoning and Use 910-675-8001 (CD) -7 ( ) Email Email Land Classification jwalker@eliteconstructionnc.com Urban SUBMISSION PLEASE READ ALL OF SECTION 59.10 OF THE COUNTY ZONING ORDINANCE P TO SUBMITTING YOUR PLICTIN! Petitions must be reviewed by Planning&Zoning for completeness prior to acceptance. For petitions involving five(5)acres or less,a fee of$400.00 will be charged;for those of greater than five(5)acres a fee of$600.00 will be charged. This fee,payable to New Hanover County,AjUST accompany this petition. In addition to the attached site plan check list,the following supplemental information is required: 1. Copy-of the New Hanover County Tax Map,which delineates the property requested for rezoning. 2. Legal description(by metes and bounds)of property requested for rezoning. 3. Copy-of the subdivision map or recorded plat which delineates the property. 4. Site Plan as outlined in section 59.10-3. For plans larger than 11x17,please provide ten(10)copies for the Planning Board meeting. You will be asked for an additional thirteen(13)copies of your site plan if your proposal moves forward to the County Commissioners. Also,please include one(1)reduced copy of the site plan.Digital submission may be substituted when accurate scaling can be assured. 5. Authority for Appointment of Agent form(if applicable).The owner or authorized agent is required to attend the Planning Board meeting. The over or an attorney is required to attend the County Commissioners meeting. 6. Requirements of Section 59.10-2. 7. Applicant's answers to the questions on this application. 8. Signed site plan check list. 9. A report of the required public information meeting outlined in Section 111-2.1. REVIIEW PROCEDURES Petitions for conditional change of zoning are first referred to the New Hanover County Planning Board and then acted upon by the New Hanover County Board of Commissioners. Complete petitions and all supplementary information must be accepted by Planning&Zoning twenty( )working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Page 1 of 3 05/12 Board of Commissioners Meeting 11/04/2013 9-9- 1 Planning Board meetings are held at 5:30PM in the Commissioner's Assembly Room in the Old County Courthouse,at Third and Princess Streets,Wilmington,North Carolina,on the first Thursday of each month. If the Planning Board approves your petition,the request will automatically be referred to the Board of County Commissioners.If your petition is denied,you may appeal to the Board of Commissioners.Planning&Zoning can advise you regarding appeal procedures. Uses and Development Requirements:Within a Conditional District,the Permit may specify additional conditions and requirements which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations,or other limitations on land which may be regulated by state law or local ordinance.Such conditions and requirements shall not specify ownership status,race,religion,character or other exclusionary characteristic of occupant,shall be objective,specific and detailed to the extent necessary to accomplish their purpose,and shall relate rationally to making the Permit compatible with the New Hanover County Land Use Plan,and other pertinent requirements of the Zoning Ordinance,and to securing the public health,safety,morals,and welfare. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Conditional District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of this ordinance and where only a specific use or uses is proposed for the project.You must explain in the space below how your request satisfies each of the following requirements:(attach additional sheets if necessar)) 1. How would the requested change be consistent with the County's Policies for Growth and Development? See Attached Document. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? See Attached Document. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate,or how is the land involved unsuitable for the uses permitted under the existing zoning? See Attached Document. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). See Attached Document. Page 2 of 3 05i12 Board of Commissioners Meeting 11/04/2013 9-9-2 SITE PLAN CHECKLIST (section 59.10-3 J Check each item to confirm that is 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- residential uses,this shall include approximate square footage and height of each structure,an outline of the area it will occupy and the specific purpose for which it will be used. Development schedule including proposed phasing. 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 line,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 Ordinance. Any other information that will facilitate review of the proposed change(Ref.Article VII,as applicable). By my signature below,I certify that I have read Section 59.10 of the Zoning Ordinance.I understand and accept all oft a conditions,limitations and obligations of the Conditional District zoning for is 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 is 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 this application is complete and that all information presented in this application is accurate tote best of my kno ,` o do ,and belief. e-r- SigKature of Petitioner and/or Property Owner Print Name awl Page 3 of 3 05/12 Board of Commissioners Meeting 11/04/2013 9-9-3 Adam's Landing Subdivision 4728 &4800 Carolina each Road 11.43 acre Conditional Use Rezoning PW-1061 9/19/2013 Reguired Findings for Conditional Rezonin 1. How would the requested change be consistent with the County's Policiesfor Growth and Development? The subject property is classified as"Urban"by the 2006 CAMA Land Use Plan. The stated purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban area. This proposal constitutes redevelopment of a 11.43 acre parcel which is currently occupied by a single family residence. The proximity to a major thoroughfare,public utilities,bus routes, and commercial land uses makes this property a good candidate for such redevelopment. 2 How would the requested zone change be consistent with the property's classification on the Land Classification Map? The subject property is classified as"Urban!'by the 2006 CAMA Land Use Plan. The stated purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban area. This proposal constitutes redevelopment of a 11.43 acre parcel which is currently occupied by a single family residence. The proximity to a major thoroughfare,public utilities,bus routes,and commercial land uses makes this property a good candidate for such redevelopment. 3. What signift" ant neighborhood changes have occurred to make the original zoning inappropriate, or how has is the land involved unsuitablefor the uses permitted under the existing zoning? This 11.43 acre parcel is currently occupied by a single family residence which was built in 1940. Five mobile homes have been placed on the site in the years since. Recent years have seen the extension of a major thoroughfare,public utilities,bus routes,and the rise of commercial land uses in close proximity. The current use of the site is no longer appropriate for this area. The creation of the R-7 zone in December of 2012 has enabled more efficient utilization of these urban services. 4. Listproposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The project will meet all federal, state,and local requirements pertaining to the subdivision and development of land. No unique conditions or restrictions are proposed. Board of Commissioners Meeting 11/04/2013 9-9-4 PROPOSED SITE PLAN Board of Commissioners Meeting 11/04/2013 9- 10- 1 d � P a N Soy m g M/a nnend.os< ONObf HDV39 NNl70M� z w ' �QF P 3OVdS N3d0 3OVdS N3d --- ———— 0 g o r-- -- -- -----I zgmo (h � of I � al osoo° I uj � M °�8� 3 M I a PHASE 1 PHASE 2 i I o PHASE 2 dJ N � N ` n6�Ro T �I E5� I i we BxmoFb N N dl i OG __ - oI o � xoa�gas _ W N ! g=QaN€o do oo pe�w� w< - Q°a� - _ 5 ..aa r-aon°o..nu�m mz N m o z m I ONOd 1J31VMWHOIS o w �I ww w 0. ww I ow s g� w3rvssv3:.nun x�aw neaiwn v v.c.._ . ---------- 1_ Nda H—N-1901_M i n :'ON`JN[MVaa i5a-md ON 1J3FO STROUD ENGINEERING, R , CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910)815-0775 DESCRI[PTION FOR REZONING 4728 ADAM'S 11.42 BEGINNING at an iron pipe in the Western line of U.S. Highway No. 421 (160-foot right of way) 620.00 feet Southwardly from its intersection with the Southern line of Silva Terra Drive (60-foot right of way), said Point of Beginning being at the intersection of the Western line of said highway with the Northern line of Lot 3 of the George A. Biddle property, as shown upon that reap of said subdivision recorded in the New Hanover County registry in Map Book 3 Page 27; running thence South 34 degrees 34 minutes East along said line of said highway 300.00 feet to an iron rebar; thence 34 degrees 43 minutes 36 seconds East a distance of 120.17 feet to an existing concrete monument located in the northwestern lane of Tract 2, Prehn Division, as recorded at Map Book 34 Page 94, New Hanover County Registry, thence along and with the northwestern line of Tract 2, Prehn Division, the northwestern line of the now or formerly Lockwood Tract as recorded at Book 2989 Page 0384, New Hanover County Registry, the northwestern line of the now or formerly Diggs Tract as recorded at Book 1501 Page 0739 New Hanover County Registry South 55 degrees 25 minutes 27 West a distance of 923.57 feet to an existing concrete monument; thence along and with the northwestern line of Lot 15, Section 2, Long Branch Subdivision, Section 2 as recorded at Map Book 23 Page 2 New Hanover County Registry South 55 degrees 25 minutes 27 seconds 'West a distance of 254.00 feet to a point in the northeastern line of the now or formerly Central Properties Inc. Tract as recorded at Map Book 32 Page 53 New Hanover County registry; thence along and with the northeastern line of the now or formerly Central Properties Inc. Tract as recorded at Map Book 32 Page 53 New Hanover County Registry North 34 degrees 32 minutes 37 seconds West a distance of 525.66 feet of an existing iron pipe located in the southeastern line of the now or formerly Malpass Tract as recorded at Book 1809 Page 1018 New Hanover County Registry; thence along and with the southeastern line of the Mapass Tract North 55 degrees 27 minutes 23 seconds East a distance of 45,07 feet to a point in the Run of Long Branch; thence along and with the Run of Long Branch the following courses and distances; South 20 degrees 09 minutes 16 seconds East 45.04 feet to a 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY..2,'- GREENVILLE, NC 27358 WILWNGTON, NC 28403 MOREHEAD CITY, NC 28557 (252)756-9352 Board of CUmf 'Sls 6n"As Meeting (252)247-7479 11/04/2013 9- 12- 1 point; thence South 01 degrees 25 minutes 16 seconds Bast a distance of 23.41 feet to a point; thence South 15 degrees 26 minutes 24 seconds Last a distance of 17.96 feet to a point; thence South 73 degrees 59 minutes 53 seconds Bast a distance of 11.92 feet to a point; thence South 42 degrees 39 minutes 49 seconds Bast a distance of 36.05 feet to an iron pipe at the Northwestern corner of said Lot 3; thence leaving the Run of Long Branch and at a right angle to said highway, along and with the Northern line of said Lot 3,North 55 degrees 26 minutes East 1152.02 feet to the Point of Beginning; containing 1.1.42 acres, more or less. And being the sarne property described in Map Book 51 at Page 396 and Deed Boolc 5734 at Page 45 in the New Hanover County registry. Board of Commissioners Meeting 11/04/2013 9- 12-2 w 1 v C7 C 0 D RS CL J a. or_ it � t a. a __ P G t SS `t e �a s C) o- CU CD LO t Board of Commissioners Meeting 11/047204 3 f 1 AGENT DESIGNATION I,James C.Walker, do hereby designate Stroud Enginee rlmg,P.A. as a subcontractor,to act on my behalf for the purposes of application and communication with New Hanover County regarding the conditional use rezoning and associated approvals for the subject project. Adam's Landing residential subdivision project name 4728 and 4500 Carolina Beach Road, Wilmington NC address CBR Wilmington, LLC property owner Deed Book 5734, Page 45 instrument James C. Walker, Member, CBR Wilmington, LLC signing officialftitle gnature date Board of Commissioners Meeting 11/04/2013 9- 13- 1 Adam's Landing 728 and 4800 Carolina Beach Road Special Community Meeting Report A community meeting was held at 6:00 pm on Wednesday, July 24, 2013 on the property. This meeting was organized by Stroud Engineering to provide interested residents in the area an opportunity to review the plan, ask questions, and voice concerns regarding the proposed conditional use rezoning. The residents were notified by registered mail of the meeting concerning the proposed rezoning. There were eight people to attend the meeting. A reporting of the attendees is attached. There were two inquiries of Stroud Engineering in the weeks leading up to the meeting. These were from the immediate adjoining property owners, Keith Stewart and Don Riggs. Both of these concerned residents attended the meeting. Their primary concerns were buffering, access, and drainage. There have been modifications made to the original plan to address these residents' concerns. These modifications are primarily the inclusion of a fence on the east side of the project as well as a stub road to Stewart's property. There was reasonable discussion with all about the effectiveness of the ditch on the west side of the property. It is noted that this ditch would be more effective were it cleaned out along its entire run leading to Barnard's Creek. Other general questions about the project (and the answers provided) included: • When will the construction start? Hopefully, next spring. • How long will the construction last? About three years as project would likely be phased. • What type of homes will be constructed? Difficult to define at this point, however they would likely be in the mid two hundred thousand dollar range. • What improvements would be made to Carolina Beach Road? That would be determined by the Driveway Permitprocess. • Where will the sewer be connected? There is an existing main on the south side of the property. Connections will beat manholes on that line. • Where will the water be connected? There is an existing waterline on the other side of Carolina Beach Road which will have to be bored under. • How will the site be buffered? A shadow box fence is proposed on the eastern property line. • Can a connection be made to the Stewart property? The plan originally showed a stub road further west which has been moved east to coincide with the Stewart property. The proposed use was not discouraged nor were there any interpretations that it was offensive. There were plan revisions made as a result of this meeting. Board of Commissioners Meeting 11/04/2013 9- 14- 1 ADAM'S LANDING COMMUNITY MEETING SIGN IN SKEET- JULY 241 2013 NAME ADDRESS COMMENTS 1'JIMMY FENTRESS 218 ADELE COURT, WILMINGTON 2 DON RIGGS 4802 CAROLINA BEACH RD., WILM. BUFFER-TRAFFIC 3 MICHELE & MICHAEL KEITH STEWART 1315 RIGGS TRAIL, WILMINGTON 4 DAVID &TONYA WEST 4731 SILVA TERRA DRIVE 5 LUIS DIOZ 4800 CAROLINA BEACH RD "E" WILM 6 RONNIE ADAMS (ELITE CONST.) P.O. BOX 99, ROCKY POINT, NC 28457 7 JIMMY WALKER (ELITE CONST.) P.O. BOX 99, ROCKY POINT, NC 28457 8 BUSTER LEVERETTE (ELITE CONST.) P.O. BOX 99, ROCKY POINT, NC 28457 9 10 11 12 13 14 15 16 17 18 _-..-_.. .. 19 20 - 21 22 - 23 - 24 25 Board of Commissioners Meeting 11/04/2013 9- 14-2 Traffic Impact Worksheet J6 Prior to submission of nonresidential site plan, this worksheet must be prepared.A Traffic Impact Analysis will be required for all projects generating 100 peak our trips or more. The scope of the TIA shall be determined b y concurrence of the Planning Director,t he MPO coordinator and NCDOT traffic engineer.Any mitigation measures required must be included in thefinal site plan sub mittedfor review. PROJECT NAME 4 F Z,,d", PROJECT ADDRESS �fvc Cf-4--)"n.% seecf� kpa-f DEVELOPERIOWNER LC EXISTINGZONING 9- U> GR REA NEAREST INTERSECTION ew-, BEFORE PROPOSED PROJECT 67/j900 2®®3 Average Daily Traffic (Date) 2 LEVEL OF SERVICE (LOS) IT E MANUAL TRAFFIC GENERATION ESTIMATE: ITE Manual available at Planning Department L--15 USE AND VARIABLES: (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 3 2- PM PEAK HOUR TRIPS '12- (Traffix generation of 100 peak hour trips will require Traffk Impact Analysis Scopin meeting with Planning Department) Person Providing Estimate Signature 8 EA'i L 35677 Peak re' i confirTne# y Planning&Zoning on 44 ate)\ ByF Board of Commissioners Meeting 11/04/2013 9- 15- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 4,2013 REGULAR ITEM: 10 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet,County Manager SUBJECT: Consideration of Health and Human Services Consolidation Recommendation BRIEF SUMMARY: In September 2013 the county manager recommended a three-year march toward consolidation of social services, public health, and senior resources into one department: Health and Human Services. This recommendation comes from an effort to adopt, where possible, operation enhancements identified by the Health&Human Services Study Commission and to deliver better service at a lower cost. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education,programs,and services • Understand and act on citizen needs • Deliver value for taxpayer money Effective County Management • Increase efficiency and quality of key business processes • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the consolidation plan as outlined by the county manager. ATTACHMENTS: Health&Human Services Background&Fact Check COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend that the Board of County Commissioners direct Depart of Social Services and Health Boards and County Administration to develop a detailed action plan to achieve functional collaboration. COMMISSIONERS'ACTIONS: Approved the manager's recommendation 5-0. Board of Commissioners Meeting 11/04/2013 10-0 Health & Human Services Consolidation Background • 14 member expert panel spent 5 months analyzing the data and determined that "it would be unacceptable and undesirable to operate and govern DSS and Health using the existing Status Quo model" • Central to the Study Group's recommendation: • Maintaining an independent, expert governing board to set policies and make rules • Transferring responsibility and oversight for operations to the county manager • Consolidating the back office and customer support functions, and systematically eliminating the organizational silos Fact Check 0 @ 0 "The overlap is not in the services,the Correct- 100%of DSS clients can be served by Health. Health also seeks out overlap is in the clients." additional private-pay/third party clients. "If it [NHC Health Department] ain't To participate in the Breast and Cervical Cancer Control Program at the Health broke, don't fix it." Department, you must first be qualified as TANF ("welfare")eligible at DSS. "Zero pay" clients at the Health Department(low income and without insurance) are likely eligible for Medicaid. If qualified for Medicaid by DSS,the Health Department would receive revenue (instead of$0). The Health Department offers mental health counseling services to pregnant moms,families and children. DSS clients (e.g. foster care and at-risk children and families) need these services, but can't access them and do not receive preference. "We have an award winning, A CHSA is required to be accredited,just like a Health Department—same accredited Health Department. requirements, same standards. Consolidation will jeopardize that." "Nowhere in all this did it say it Consolidation will help contain costs, improve customer service, and result in [consolidation] would save money." better outcomes for individuals and families. Administrative costs and personnel can be redeployed to high need areas and effective, evidence-based programs. (e.g. DSS and Health have 17 fiscal support staff; the same number in Finance that serves the rest of the county) "If we consolidate, we will sacrifice Whether NHC consolidates or not, NHC is required to provide mandatory prevention in favor of crisis programs/functions. management." Voluntary prevention programs that work (have data to prove they are cost effective and help reach county goals) could benefit from additional investment or redeployed resources. "An independent consolidated board An independent CHSA board will consist of Health and Social Services experts would be too big and it would be who can help cross-train different areas. Much like today, expert staff will also difficult for board members to learn be available to educate and assist board members. Cross appointments would about DSS and Health." help facilitate the learning process. "With consolidation, Health policy An independent CHSA board retains full policy, advocacy, and rule making could be politicized..." responsibilities. The CHSA board and County Manager jointly must consent to hiring and firing decisions related to the CHSA Director. Board of Commissioners Meeting 11/04/2013 10- 1 - 1 "Will CHSA board members be A CHSA board member may only be removed from office [before their term is removed by the BOCC because the up] by the county board of commissioners for(i) commission of a felony or commissioners disagreed with a other crime involving moral turpitude; (ii) violation of a State law governing vote?" conflict of interest; (iii)violation of a written policy adopted by the county board of commissioners; (iv) habitual failure to attend meetings; (v) conduct that tends to bring the office into disrepute; or(vi)failure to maintain qualifications for appointment required under this subsection. A CHSA board member may be removed only after the member has been given written notice of the basis for removal and has had the opportunity to respond. "A CHSA board won't have an engineer Incorrect. The General Statutes specifically require (GS 153A-77 (c)) a on it..." professional engineer to be appointed. The specified professionals include: one psychologist, one pharmacist, one engineer, one dentist, one optometrist, one veterinarian, one social worker, one registered nurse and two physicians licensed to practice medicine in NC, one of whom shall be a psychiatrist. In addition, one county commissioner and 4 consumers of health and human services are required. Note: this list includes the existing professional requirements on the Health board, but adds a psychiatrist, psychologist, and social worker. "A consolidated human services The recommended timeline would allow the county admin to streamline agency is just going to be a big processes and study staffing and programs to most efficiently and effectively bureaucracy that is hard for clients to deliver holistic services with improved outcomes. navigate. " Board of Commissioners Meeting 11/04/2013 10- 1 -2