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HomeMy WebLinkAboutAgenda 2008 12-01AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROLi@RT G. GRLER. CI LAIR~i 1A ~ R ILLI Al4 A. C:ASTGR. V ICL-Cl GVIR17A V TGD UAVIS.IR_ CO VI~tISSIO~'GR ~ ~l'ILLL1Yi A. KOPP. C(lYi YiISSIOAC2 ~ Nf1VCY I1. P2ITCI[LTT. C0~4:d ISSIOVGR 131:1C I I. ~SIII_I L. t (II \I1' \I:\,\ \I I K W'.\,;\Il\ ('U I'I_I.1'.C (l \I1 .\I I fll:,\I:l' SIII II \ Sc'lll-L I. c I_I :h I~ Ifl IHL 13(l,\I:I) DECEMBER 1, 2008 6:00 P.M. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Patricia A. Melvin, Pastor, International Embassy of Holiness) PLEDGE OF ALLEGIANCE (Commissioner William A. Kopp) Approval of Minutes Presentation of Appreciation Gifts to Commissioners Nancy H. Pritchett and William A. Kopp Administration of Oaths of Office: Ted Davis, Jr. by The Honorable Representative Daniel E McComas Jonathan Barfield, Jr. by The Honorable Judge James H. Faison, III, District Court Judge Jason R. Thompson by The Honorable Judge Jay D. Hoclcenbury, Resident Superior Court Judge Jennifer S. Hardison, Register of Deeds, by the Honorable Judge James H. Faison, III, District Court Judge Election of Chairman and Vice-Chairman: Wanda M Copley, County Attorley, Presiding Break APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Public Bonds 2. Approval of Cape Fear Public Utility Authority Utility Easements 3. Approval of a List of Items be Deaccessioned from the Museum Collection 4. Approval to Implement the Electronic Records System Policy for New Hanover County Sheriff's Office Management Records in Accordance with the North Carolina Retention and Disposition Schedule -County Sheriff s Office as Outlined by the North Carolina Department of Cultural Resources Archives Section 5. Adoption of Ordinance for Budget Amendment ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 7:00 p.m. 6. Consideration of Request by the New Hanover County Library Advisory Board 7:05 p.m. 7. Consideration of LINO, Inc. Lease Agreement Amendment for the Property at 222 Division Drive, also Known as the Former County Jail Annex, Tax Parcel No. R04100-005-002-000 7:15 p.m. 8. Public Hearing Conditional Rezoning (Z-891, ll/08) -Request by Shanlclin and Nichols, LLP for Atlantis Holdings and Others to Rezone Approximately 29 Acres in the Urban Land Classification South of St. Andrews Drive on the East Side of Carolina Beach Road from CD(B-1) and R-15 to CD(B-1) and CD(B-2) at Board of Commissioners Meetin 12 01 2004 8:15 p.m. 8:45 p.m. Belle Meade Plaza (Current CD(B-1) was approved under Z-821 in December 2005. The change would allow a limited range of retail, office and residential uses and would add Movie Theater as an allowable use in the CD (B-2) portion of the project.) 9. Public Hearing Modification of Special Use Pernut (5-531M, 11/08) -Request by New Hanover County Schools to Modify a Special Use Permit for Child Daycare Center at 4905 S. College Road to Increase the Allowable Number of Children from 100 to 144 10. Public Hearing Castle Hayne Community Plan - A Plan for the Future Growth of the Castle Hayne Community NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 9:20 p.m. 9:25 p.m. 11. Presentation of "StorlnReady Supporter" Designation 12. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:35 p.m. 13. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meetin 12 01 2004 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 1, 2008 CONSENT ITEM: 1 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy Co~u1ty Attorney CONTACT(S): Kemp B~upeau, Deputy Co~mty Attorney SUB,lECT: Approval of Public Bonds BRIEI' SUMMARY: PLll'SUant to General Statute 58-72-20, the Board is to annually review the surety bond coverage for the Finance Office. Sheriff, Register of Deeds and the Tax Collector. Staff has verified that adequate coverage is in full force and effect. RECOMMENDED MOTION AND REQUESTED ACTIONS: Enact bond approval resolution. ATTACHMENTS: Bond Approval COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12 01 2004 1-0 STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 1st day of December, 2008. (SEAL) ATTEST: Clerk to the Board NEW HANOVER COUNTY Chairman Board of County Commissioners Board of Commissioners Meetin 12101 2004 1-1-1 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 CONSENT ITEM: 2 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy Co~u1ty Attorney CONTACT(S): Kemp B~upeau, Deputy Co~mty Attorney SUBJECT: Approval of Cape Fear Public Utility Authority Utility Easements BRIIJI' SUMMARY: The Cape Fear Public Utility Authority has requested that the County, as property owner, and the New H~nlover County Airport Authority, as tenant, execute easements for a requested sewer force main. The Airport has approved the location and conditions under which the utilities are to be installed and operated. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorise execution by Chairman on behalf of the County. ATTACHMENTS: New Hanover County Contract 09-0177 New Hanover County Contract 09-0178 New Hanover Co~mty Contract 09-0179 New Hanover County Contract 09-0180 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12 01 2004 2-0 New Hanover County Contract # 09-0177 INSTRUMENT PREPARED BY Cape Fear Public Utility Authority & RETURN T0: Cape Fear Public Utility Authority Engineering Department 235 Government Center Drive Wilmington, N.C. 28403 Telephone (910} 332-fi560 STATE OF NORTH CAROLINA SEWER FORCE MAIN EASEMENT COUNTY OF NEW HANOVER PIN THIS DEED OF EASEMENT, executed this the day of , 2008, by and between New Hanover County, a political subdivision of the State of North Carolina and the New Hanover County Airgort Authority, a North Carolina body corporate and politic (hereinafter individually and collectively referred to as "GRANTOR") and Cape Fear Public Utility Authority, a water and sewer authority organized and existing under the laws of the State of North Carolina, whose address is 235 Government Center Drive, Wilmington, North Carolina 28403 (hereinafter referred to as "GRANTEE"; W I T N E S S E T H: For and in consideration of the sum of One Dollar {$1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and non-exclusive perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building andJor operating a certain sanitary sewer line and related 1 .. Board of Commissioners Meetin 12101 2004 2-1-1 New Hanover County Contract # 09-0177 appurtenances as more particularly described herein, said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows: See the Exhibit "A", attached hereto and incorporated herin by reference {hereinafter referred to as "Easement Area"}. The above-described is a portion of the property conveyed to GRANTOR by deed recorded in Book Page of the New Hanover County Registry. TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its successors and assigns, forever, This right-of-way and easement hereby granted is appurtenant to and runs with the land now owned by the GRANTOR. The GRANTOR reserves the right to grant easements to other parties within the Easement Area so long as such easements do not interfere with the GRANTEE's use of the Easement Area and the rights granted herein. The facilities now in existence or to be placed over, under, upon and across the Easement Area shall became and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities for the same uses and to make such changes and additions to such facilities upon the Easement Area as the GRANTEE may deem advisable, subject to the terms hereof. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE's rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTOR, its heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the Easement Area and use said Easement Area for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within the Easement Area except those arising out of the gross negligence of the GRANTEE. Subject to the terms hereof, for the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANTEE shall have the right of ingress to and egress from the Easement 2 Board of Commissioners Meetin 12101 2004 2-1-2 New Hanover County Contract # 09-0177 Area over such roads, alleys, ways or paths (hereinafter collectively referred to as "Airport raads"} as may now or hereafter exist on the property of the GRANTOR. Any and all construction activities and/or repair or maintenance activities upon the premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with or impede the ongoing safe and uninterrupted operation of the Airport, Runway 6- 24, and Airport navigational aids. Any damages resulting to such Airport roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such, Airport raads at any time. If there are no public or Airport roads reasonably convenient to GRANTEE to access the Easement Area, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the Easement Area in such mannez as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not impede the ongoing business activities to include aviation operations and construction activities conducted on the premises by GRANTOR, its successors and assigns. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. Hy acceptance of this Deed of Easement, the GRANTEE agrees that its use and any construction, inspection, improvement, replacement, removal, maintenance, or repair activities in the Easement Area shall be subject to the following conditions and limitations: a. This easement shall be restricted to a sanitary sewer force main not to exceed thirty inches inside diameter and appurtenances. It is understood that the GRANTEE shall have the right to replace said sanitary sewer force main with another force main serving the same function. The force main will typically be PVC C-905 except in the areas of the directional drill below Smith Greek and the force main at the southwest of the existing Runway 6 where the pipe shall be high-density polyethylene ("HOPE") pipe. In the portion of the Easement Area southwest of the existing Runway 6 and extending four hundred (400) feet on each side of the centerline of Runway 6, the pipe sections shall be fused and direct buried at five (5} feet minimum depth. Any air relief valves and vaults shall be located outside of such area. b. The GRANTEE understands that the location of the Easement Area is in the approach to Runway 6, which is the primary instrument runway at the Airport. The GRANTEE understands that the GRANTOR/FAA will be constructing a Medium-Intensity Approach Lighting System with Runway Alignment Indicator Lights {"MALSR"} which is a piece equipment that provides an 3 Board of Commissioners Meetin 12101 2004 2-1-3 New Hanover County Contract # 09-0177 airport service for pilots and aircraft. The MALSR underground cables and fencing will cross the Easement Area on the end of Runway 6. The Grantor/FAA shall have the ability to construct and maintain the MALSR as needed. c. The GRANTEE shall construct, operate and maintain the sewer force main to ensure the safe and uninterrupted use of Runway 6-24. Without limiting the foregoing, the GRANTEE shall comply with the following requirements in constructing, improving, replacing, removing, maintaining and repairing the sewer force main: (1) During any activities in the Easement Area, the GRANTEE shall not undertake any burning or debris burial. The GRANTEE shall not undertake any night work without the prior written approval of the New Hanover County Airport Authority. (2) The GRANTEE shall provide a minimum of forty-eight (48) hours notice to the Airport Authority prior to any non- emergency construction, repair or maintenance activities. In undertaking such activities, the GRANTEE shall comply with the Federal Aviation Administration ("FAA") Advisory Circular No. 150/5370-2 (most current version) entitled "Operational Safety on Airports During Construction". The GRANTEE shall submit FAA Form 7460 "Notice of Proposed Construction or Alteration" to the FAA and obtain a no hazard determination prior to any non-emergency construction or repair activities. The GRANTEE understands that it may need to mark and light any construction or maintenance equipment while working in the Easement Area. No equipment shall penetrate the height limit as set forth in the Airport Authority's most current Airport Height Control Ordinance. (3) Upon completion of any construction, maintenance or repair activities, the GRANTEE shall grade the surface of the ground so that it is smooth, does not hold water, drains and can be easily mowed or maintained. If the GRANTEE removes any trees, the GRANTEE shall grind the stumps to the surface of the ground. The GRANTEE shall reseed the area distuzbed by construction utilizing grass species approved by the Airport Authority. (4) The GRANTEE shall be responsible for obtaining all permits required for the work. The GRANTEE shall provide the GRANTOR copies of all permits, wetland delineations, surveys or plans related to the Easement Area. (5) After installation, the GRANTEE shall mark the location of the sewer force main with concrete markers flush to 4 Board of Commissioners Meetin 12101 2004 2-1-4 New Hanover County Contract # 09-0177 the ground along the length of the main in the Easement Area. The GRANTEE also shall provide the GRANTOR with record drawings of the constructed sewer force main and any subsequent modifications thereto. GRANTEE shall mark the location of the sewer force main upon request of the GRANTOR. d. The GRANTEE shall provide to the GRANTOR and update as necessary a twenty-four (24} hour emergency contact telephone number. e. The GRANTEE shall comply with all requirements of the Airport Authority and any Federal agency applicable to access to the Airport property. Furthermore, GRANTEE agrees to comply with any future operational, safety or security requirements that a Federal agency may impose on the airport. In the event that the FAA or any other Federal Agency requires the relocation or adjustment of the sanitary sewer force main, the GRANTEE shall pay any cost of the relocation or adjustment not reimbursed to the GRANTOR. f. The GRANTEE shall immediately repair and accept liability for any damage resulting from GRANTEE'S activities to any Airport property or improvements, including but not limited to navigational aids, cable, fencing, roads and pavement. g. The Grantee will not interfere with: the Grantor's/FAA's installation of MALSR, future NAVAIDS, and other airport service equipment so long as the Grantor has received applicable federal, state, city and county permits, except where the requirement for such permits is pre-empted by Federal or State law. h. To the extent permitted by law, Grantee shall indemnify and hold the New Hanover County Airport Authority, its officers and employees, harmless against any and all claims, causes of action, or other liability, including attorney fees, an account of personal injuries or death or on account of property damages or environmental contamination arising out of or relating to the use of the subject easement, resulting from the negligence of or the willful act or omission of Grantee, its agents, employees and contractors. It is understood and agreed that the execution and delivery of this deed by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, 5 Board of Commissioners Meetin 12101 2004 2-1-5 New Hanover County Contract # 09-0177 sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees. Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTOR for its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said easement against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The terms of this Easement shall be binding on the GRANTEE and its officers, employees, contractors, engineers and consultants and their successors and assigns. The GRANTOR specifically acknowledges and agrees that this Easement may be assigned by GRANTEE. IN WITNESS WHEREOF', the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRANTOR: New Hanover County By: Robert G. Greer, Chairman ATTEST: County Clerk New Hanover County Airport Authority BY= Jo D. Lennon, Chairman ~` v- • T~tI3 ~~iY[~l iSi f'!i~ - } ~ t '::ii0~i I~3 s ~°ir, Rrlanr~er required cry i : ~~ Local s~overnment sG. rton ~retary r ~ ~~ ~ budget And Fiscal Gontrai Act ~~ ~ ~ ~ y ~~ ~ 6 IA~1LM1~lGTON y i~tEitFd,~TlONA! v, * Ai6tP~RT ,~i„ `~~. Board of Commissioners Meetin 12101 2004 2-1-6 New Hanover County Contract # 09-0177 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that personally appeared before me, and who being duly sworn, says that she knows the common seal of the County of New Hanover and is acquainted with Robert G. Greer, Chairman, of New Hanover County, and that is Clerk of New Hanover County and saw the said Robert G. Greer, Chairman, of New Hanover County, sign the faregoing instrument, and saw the common seal of said New Hanover County affixed to said instrument by said Chairman, that she, the said , Clerk as aforesaid, signed her name in attestation to the due execution of said instrument in the presence of said Chairman of New Hanover County. 2008. Witness my hand and notarial seal, this the day of Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public, certify that Paul G. Burtan, personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, a body corporate, and that by authority duly given and as the act of the body corporate, the foregoing instrument was signed in its name by John D. Lennon, its Chairman, sealed with its corporate seal, and attested by himself as its Secretary. 7 Board of Commissioners Meetin 12101 2004 2-1-7 New Hanover County Contract # 09-0177 Witness my hand and official seal, this the day of 20 My Commission Expires: AirportSewerForceMaiaEasement 090607(6) Notary Public Board of Commissioners Meetin 12101 2004 2-1-A New Hanover County Contract # 09-0177 ~ x @7 ~A S ~ ~ $3¢ ~°q }~~~~~~Ep~` 96 ~ K2i~~~ ~ ~~ °@ ~~ r Y~ ~~~ a c g'~ a 7 Y@e a' ~ ~a3 3 d ~ ~ pp ~~~~ F ~ ~ ~ ~ ~ " p ~1 ~ $ ~ €~ ~~ a ~ ~8 kk ~ yb ~ ~ $ i $F!a a ~~~ p 11 a8 i ~ ~ ~ ~~~~ k 7k~~ ~ ~~ ~~~~ ~ g~ 8 a.a s ~ p 4 $ ~ 8~ p~€ ~~ a®g¢yy~~ ~ d~i$ ~ €~ e ~ ~a 3 W g ~~~~~ ~ ~ ~~`s~A ® jBB ® tl~~~a4~~gE u 44 ~ a y3 = abp~ ~ Sp~ g 3p 3p ~8~ ~al GG g g ~ &~O ~ 7 ~SS° ~ ~S~N6 x ~ jg a lE`t ~t~~$ ~~ ~ iidiid;~ ~a~~a gg~9p ~ 1 4 F ~ fi ~ 4 ~ g• ~ ~ I3 x~ gg §§g~g~p3p gg ~¢@gg ~$a ~ ~ ; a ~ ~ ~ ~ ~g~¢~g ~ k ~ ~ °~~~~3a t~4~.4 a a ~ e a ~ ~ ~ @ ~ 34€d d L ~ e a@ $ o ®. < F o ;i ~..< ~~ ~ w ~ o F ~~ a a o ~ G § / '-+~ ~ ~ ~g C~ x y Yet ~ t~l / ~ ~ ~ ~ °z o ~ F w ~%J'' ~ Q~ ~ ~ /~' ~ ~ ~ / / ~ i / ~ s ~ I 1 I -0 wOa`~ M ~ F ~6 ~ ~ ~~ ' c~ ~~~~ , ' ~ ~ [B ~~ E g i ~ A~! i / g~g ' ~~~ ~ I ~ ~' i ~ yy # 1 I 1 1 1 + \ \ `\ r¢ Q t ~FF))S N 3•b{ ~ ~ \~ ~ ~` ~~t ~\ /J w Liz ~~ \ Ll ~L QV Z~ I 1 ~ap ~~a$ \\ c `Q ~p 1 ~~ ~~~ ~ ~~ ~ ~ ~~ ~ au : g~~a =p~~a ~ i ~¢~~ ~ i / / ~~s \ ~ 8 ~€44 i ~ ~ ' I ~ I ( ' ~ B Board of Commissioners Meetin 12101 2004 2-1-9 New Hanover County Contract # 09-0177 rr U.S. Department of Transportation Federal Aviation Administration October 7, 2008 Airports District Office, FAA Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-7150 FAX: (404) 305-7155 Ms. Julie A. Wilsey, A.A.E. Deputy Airport Director Wilmington International Airport 1740 Airport Boulevard Wilmington, NC 28405 Dear Ms. Wilsey: I have reviewed the draft easement enclosed in your letter, dated August 27, 2008, requesting approval for a utility easement and a release of federal obligations associated with this property. We concur with the New Hanover County Airport Authority granting an easement for the purpose of constructing a new force main sewer line. Since this new easement will not change the use of the property there is no requirement to release this property from federal obligations. Given that this easement crosses the approach end of Runway 6 please make sure that the easement /utilities are located where they will not interfere with any proposed or future airport development. Sincerely, 1~X(' Rusty Nealis, P.E. Program Manager ~r_ ` ~`~ M._~ _'_ W _.. Partners in creating tomorrow's airports ~ Board of Commissioners Meetin 12101 2004 2-1-]0 New Hanover County Contract # 09-0178 INSTRUMENT PREPARED BY Cape Fear Public Utility Authority & RETURN TO: Cape Fear Public Utility Authority Engineering Department 235 Government Center Drive Wilmington, N.C. 28403 Telephone (910) 332-6560 STATE OF NORTH CAROLINA SEWER FORCE MAIN EASEMENT COUNTY OF NEW HANOVER pIN THIS DEED OF EASEMENT, executed this the day of , 2008, by and between New Hanover County, a political subdivision of the State of North Carolina and the New Hanover County Airport Authority, a North Carolina body corporate and politic (hereinafter individually and collectively referred to as "GRANTOR") and Cape Fear Public Utility Authority, a water and sewer authority organized and existing under the laws of the State of North Carolina, whose address is 235 Government Center Drive, Wilmington, North Carolina 28403 (hereinafter referred to as "GRANTEE"; W T T N E S 5 E T H: For and in consideration of the sum of One Dollar {$1,00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and non-exclusive perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or operating a certain sanitary sewer line and related 1 Board of Commissioners Meetin 12101 2004 2-2-1 New Hanover County Contract # 09-0178 appurtenances as more particularly described herein, said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows: See the Exhibit "A", attached hereto and incorporated herin by reference (hereinafter referred to as "Easement Area"}. The above-described is a portion of the property conveyed to GRANTOR by deed recorded in Book Page of the New Hanover County Registry. TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its successors and assigns, forever. This right-af-way and easement hereby granted is appurtenant to and runs with the land now owned by the GRANTOR. The GRANTOR reserves the right to grant easements to other parties within the Easement Area so long as such easements do not interfere with the GRANTEE's use of the Easement Area and the rights granted herein. The facilities now in existence or to be placed over, under, upon and across the Easement Area shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities for the same uses and to make such changes and additions to such facilities upon the Easement Area as the GRANTEE may deem advisable, subject to the terms hereof. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE's rights hereunder except as provided herein. Tt is expressly understood and agreed, however, that the GRANTOR, its heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the Easement Area and use said Easement Area for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of ita rights hereunder within the Easement Area except those arising out of the gross negligence of the GRANTEE. Subject to the terms hereof, for the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANTEE shall have the right of ingress to and egress from the Easement 2 Board of Commissioners Meetin 12101 2004 2-2-2 New Hanover County Contract # 09-0178 Area over such roads, alleys, ways or paths (hereinafter collectively referred to as "Airport roads") as may now or hereafter exist on the property of the GRANTOR. Any and all construction activities and/or repair or maintenance activities upon the premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with or impede the ongoing safe and uninterrupted operation of the Airport, Runway 6- 24, and Airport navigational aids. Any damages resulting to such Airport roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such Airport roads at any time. If there are no public or Airport roads reasonably convenient to GRANTEE to access the Easement Area, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the Easement Area in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not impede the ongoing business activities to include aviation operations and construction activities conducted on the premises by GRANTOR, its successors and assigns. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. By acceptance of this Deed of Easement, the GRANTEE agrees that its use and any construction, inspection, improvement, replacement, removal, maintenance, or repair activities in the Easement Area shall be subject to the following conditions and limitations: a. This easement shall be restricted to a sanitary sewer force main not to exceed thirty inches inside diameter and appurtenances. It is understood that the GRANTEE snail have the right to replace said sanitary sewer force main with another force main serving the same function. The force main will typically be PVC C-905 except in the areas of the directional drill below Smith Creek and the force main at the southwest of the existing Runway 6 where the pipe shall be high-density polyethylene ("HOPE"} pipe. In the portion of the Easement Area southwest of the existing Runway 6 and extending four hundred {400) feet on each side of the centerline of Runway 6, the pipe sections shall be fused and direct buried at five {5) feet minimum depth. Any air relief valves and vaults shall be located outside of such area. b. The GRANTEE understands that the location of the Easement Area is in the approach to Runway 6, which is the primary instrument runway at the Airport. The GRANTEE understands that the GRANTOR/FAA will be constructing a Medium-Intensity Approach Lighting System with Runway Alignment Indicator Lights {"HALER") which is a piece equipment that provides an 3 Board of Commissioners Meetin 12101 2004 2-2-3 New Hanover County Contract # 09-0178 airport service for pilots and aircraft. The MALSR underground cables and fencing will cross the Easement Area on the end of Runway 6. The Grantor/FAA shall have the ability to construct and maintain the MALSR as needed. c. The GRANTEE shall construct, operate and maintain the sewer force main to ensure the safe and uninterrupted use of Runway 6-24. Without limiting the foregoing, the GRANTEE shall comply with the following requirements in constructing, improving, replacing, removing, maintaining and repairing the sewer force main: {i) During any activities in the Easement Area, the GRANTEE shall not undertake any burning or debris burial. The GRANTEE shall not undertake any night work without the prior written approval of the New Hanover County Airport Authority. {2) The GRANTEE shall provide a minimum of forty-eight (48) hours notice to the Airport Authority prior to any non- emergency construction, repair or maintenance activities. In undertaking such activities, the GRANTEE shall comply with the Federal Aviation Administration ("FAA") Advisory Circular No. 150/5370-2 {most current version) entitled "Operational Safety on Airports During Construction". The GRANTEE shall submit FAA Form 7460 "Notice of Proposed Construction or Alteration" to the FAA and obtain a no hazard determination prior to any non-emergency construction or repair activities. The GRANTEE understands that it may need to mark and light any construction or maintenance equipment while working in the Easement Area. No equipment shall penetrate the height limit as set forth in the Airport Authority's most current Airport Height Control Ordinance. (3) Upon completion of any construction, maintenance or repair activities, the GRANTEE shall grade the surface of the ground so that it is smooth, does not hold water, drains and can be easily mowed or maintained. If the GRANTEE removes any trees, the GRANTEE shall grind the stumps to the surface of the ground. The GRANTEE shall reseed the area disturbed by construction utilizing grass species approved by the Airport Authority. {4) The GRANTEE shall be responsible for obtaining all permits required for the work. The GRANTEE shall provide the GRANTOR copies of all permits, wetland delineations, surveys or plans related to the Easement Area. {5} After installation, the GRANTEE shall mark the location of the sewer force main with concrete markers flush to 4 Board of Commissioners Meetin 12101 2004 2-2-4 New Hanover County Contract # 09-0178 the ground along the length of the main in the Easement Area. The GRANTEE also shall provide the GRANTOR with record drawings of the constructed sewer force main and any subsequent modifications thereto. GRANTEE shall mark the location of the sewer force main upon request of the GRANTOR. d. The GRANTEE shall provide to the GRANTOR and update as necessary a twenty-four (24} hour emergency contact telephone number. e. The GRANTEE shall comply with alI requirements of the Airport Authority and any Federal agency applicable to access to the Airport property. Furthermore, GRANTEE agrees to comply with any future operational, safety or security requirements that a Federal agency may impose on the airport. In the event that the FAA or any other Federal Agency requires the relocation or adjustment of the sanitary sewer farce main, the GRANTEE shall pay any cost of the relocation or adjustment not reimbursed to the GRANTOR. f. The GRANTEE shall immediately repair and accept liability for any damage resulting from GRANTEE's activities to any Airport property or improvements, including but not limited to navigational aids, cable, fencing, roads and pavement. g. The Grantee will not interfere with the Grantor's/FAA's installation of MALSR, future NAVAIDS, and other airport service equipment so long as the Grantor has received applicable federal, state, city and county permits, except where the requirement for such permits is pre-empted by Federal or State law. h. To the extent permitted by law, Grantee shall indemnify and hold the New Hanover County Airport Authority, its officers and employees, harmless against any and all claims, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of praperty damages or environmental contamination arising out of or relating to the use of the subject easement, resulting from the negligence of or the willful act or omission of Grantee, its agents, employees and contractors. It is understood and agreed that the execution and delivery of this deed by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, 5 Board of Commissioners Meetin 12101 2004 2-2-5 New Hanover County Contract # 09-01.78 sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees. Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTOR for its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said easement against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The terms of this Easement shall be binding on the GRANTEE and its officers, employees, contractors, engineers and consultants and their successors and assigns. The GRANTOR specifically acknowledges and agrees that this Easement may be assigned by GRANTEE. IN WITNESS wHEREO~', the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRANTOR: New Hanover County By: Robert G. Greer, Chairman ATTEST: County Clerk New Hanover County Airport Authority By: Jo D. Lennon, Chairman 9' k~aul G B,~rton „~,cretary This Ina€rt ant Nas Leon Pry-Au~ied In T~ ~ ~ ~ Manner Required B The Local Government T ~ ~ ~ = `~ '~ ~ Budget And Fiscal Control Act. ~~+ ri dr- Board of Commissioners Meetin 12101 2004 2-2-6 New Hanover County Contract # 09-0178 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Y, the undersigned Notary Public, do hereby certify that personally appeared before me, and who being duly sworn, says that she knows the common seal of the County of New Hanover and is acquainted with Robert G. Greer, Chairman, of New Hanover County, and that is Clerk of New Hanover County and saw the said Robert G. Greer, Chairman, of New Hanover County, sign the foregoing instrument, and saw the common seal of said New Hanover County affixed to said instrument by said Chairman, that she, the said Clerk as aforesaid, signed her name in attestation to the due execution of said instrument in the presence of said Chairman of New Hanover County. Witness my hand and notarial seal, this the day of , 2008. Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I~ a Notary Public, certify that Paul G. Burton, personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, a body corporate, and that by authority duly given and as the act of the body corporate, the foregoing instrument was signed in its name by ~7'ohn D. Lennon, its Chairman, sealed with its corporate seal, and attested by himself as its Secretary. Board of Commissioners Meetin 12101 2004 2-2-7 New Hanover County Contract # 09-0178 Witness my hand and official seal, this the day of 20 My Commission $xpires: Notary Public AirportSewerForceMainEasentent 090607(6) Board of Commissioners Meetin 12101 2004 2-2-A New Hanover County Contract # 09-0178 .~~ ~_,`~ >gg @n~~a Q $3g p~tl 6~~ D ~ gg~ I 3g3p~ €ag ~s d9D pEY~p p~p ~ ~ ~ A ~ 6 3 ~~ geD_D C 2~Qq~ g~g ~ a `2`h ~ 56~$V ~ k~ ~~i~ ~ R ¢ ff s 88 S K ~ a pgq an } n ~ ~ ~ D @ E ae ; ~~E g SSS 66 ~ a ~ ~~ ~ ~ `p d L ~ ~~ 5 a ~ ~ia~E ~ €~ ~' ~6 ~rbFptpynyp ~ :@ F S ~@Spp~ 'g~ ff i~ yy ({ a 3n~n 9 a ~ i~ ~ tl 4 ~ $p~~$ ~~8 DI ~ I ~I~ ~ aE ~ g ~~ Mg ppG ~ i ~ a # ~~ ~~ pL $p3 g g~ ~ ; $ e ! ~ ~ ~ ~ ~ ~~ ~ a y9~ ~=5~5 4 14 KK' ( a pp g 2i ..533@~€a"s~~8~l9 Q a a E~a aC ~ C~E ~B~ AiDT d p ~d~ ~ ~ i ~ X~B~ ~~ ~ 0 ~$ _~ / \ U OF a qpqp~~ V1~3 ~ \ 4 ~e a\ ~ ~ W e U3~~~ ~~ G ~ ap~ /~ W~3 ~ / ~-_ a / \~ // 4:Wd g~~t ~/ ~ \ / C~ ~~ 60~ f ~ ~ yy ~] F ~~U ~~ CC.. t'6'1' p Z t4 ~~ ~2 ~L ko / 9 / ' ~ .-/ i i / • ippd77 e ~ 6 ~ 'i~ ~ I i Q / - / ~ i ~ ~~ ~ / / I / __~ I ~ ~ l F ~S" S !F F"~~~ ~ I ~ ~ ~€€~R~ ~ I 4~ $ ~~ I I 8 ~ ~~ ~ ~~ ~~Y pp F~ I I I ~ pet ~ ~ ttt I ~iq Ca 71~ ~' ~yF~p j i @ I I i ~~ i ~ ~ i ~ I I ~ ~ ~~q ~ lp ~ gg ~ \ `\ `` ~N ~~ '~ a '~ \ A~! ~ ~ ~\ r1, ~ °`` d, z Ti O ~ `` ~i ~ Z SSF `o s ~ H I Y I y~H ~ ~~ \ ~~aD 3 ~ ~~ ~\` Jg Wrc ~o ~ ~ ~ i ~ O ~: $~p59 : 3~~ 2 ~'r ~ ~ B F~~ '\ ~ ~ ~ ~G \ ~ j~C6 yy¢t83g I ~* I / I X58 ~'.. Board of Commissioners Meetin 12101 2004 2-2-9 r~ U.S. Department of Transportation Federal Aviation Administration October 7, 2008 New Hanover County Contract # 09-0178 Airports District Office, FAA Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-7150 FAX: (404) 305-7155 Ms. Julie A. Wilsey, A.A.E. Deputy Airport Director Wilmington International Airport 1740 Airport Boulevard Wilmington, NC 28405 Dear Ms. Wilsey: I have reviewed the draft easement enclosed in your letter, dated August 27, 2008, requesting approval for a utility easement and a release of federal obligations associated with this property. We concur with the New Hanover County Airport Authority granting an easement for the purpose of constructing a new force main sewer line. Since this new easement will not change the use of the property there is no requirement to release this property from federal obligations. Given that this easement crosses the approach end of Runway 6 please make sure that the easement /utilities are located where they will not interfere with any proposed or future airport development. Sincerely, -~~Cllt! Rusty Nealis, P.E. Program Manager Partners in creating tomorrow's airports s Board of Commissioners Meetin 12101 2004 2-2- ]0 New Hanover County Contract # 09-0179 INSTRUMENT PREPARED BY Cape Fear Public Utility Authority & RETURN TO: Cape Fear Public Utility Authority Engineering Department 235 Government Center Drive Wilmington, N.C. 28403 Telephone (910} 332-6550 STATE OF NORTH CAROLINA SEWER FORCE MAIN EASEMENT COUNTY OF NEW HANOVER pIN THI5 DEED OF EASEMENT, executed this the day of , 2008, by and between New Hanover County, a political subdivision of the State of North. Carolina and the New Hanover County Airport Authority, a North Carolina body corporate and politic {hereinafter individually and collectively referred to as "GRANTOR") and Cape Fear Public Utility Authority, a water and sewer authority organized and existing under the laws of the State of North Carolina, whose address is 235 Government Center Drive, Wilmington, North Carolina 28403 (hereinafter referred to as "GRANTEE" ; W I T N E S S E T H: For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and non-exclusive perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or operating a certain sanitary sewer line and related 1 Board of Commissioners Meetin 12101 2004 2-3-1 New Hanover County Contract # 09-0179 appurtenances as more particularly described herein, said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows; See the Exhibit "A", attached hereto and incorporated herin by reference (hereinafter referred to as "Easement Area"?. The above-described is a portion of the property conveyed to GRANTOR by deed recorded in Book Page _ of the New Hanover County Registry. TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its successors and assigns, forever. This right-of-way and easement hereby granted is appurtenant to and runs with the land now owned by the GRANTOR. The GRANTOR reserves the right to grant easements to other parties within the Easement Area so long as such easements do not interfere with the GRANTEE's use of the Easement Area and the rights granted herein. The facilities now in existence or to be placed over, under, upon and across the Easement Area shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build andjor operate these or new facilities for the same uses and to make such changes and additions to such facilities upon the Easement Area as the GRANTEE may deem advisable, subject to the terms hereof. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE'S rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTOR, its heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the Easement Area and use said Easement Area for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within the Easement Area except those arising out of the gross negligence of the GRANTEE. Subject to the terms hereof, for the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANTEE shall have the right of ingress to and egress from the Easement 2 Board of Commissioners Meetin 12101 2004 2-3-2 New Hanover County Contract # Q9-0179 Area over such roads, alleys, ways or paths (hereinafter collectively referred to as "Airport roads") as may now or hereafter exist on the property of the GRANTOR. Any and all construction activities and/or repair or maintenance activities upon the premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with or impede the ongoing safe and uninterrupted operation of the Airport, Runway 6- 24, and Airport navigational aids. Any damages resulting to such Airport roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such Airport roads at any time. If there are no public or Airport roads reasonably convenient to GRANTEE to access the Easement Area, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the Easement Area in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not impede the ongoing business activities to include aviation operations and construction activities conducted on the premises by GRANTOR, its successors and assigns. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. By acceptance of this Deed of Easement, the GRANTEE agrees that its use and any construction, inspection, improvement, replacement, removal, maintenance, or repair activities in the Easement Area shall be subject to the following conditions and limitations: a. This easement shall be restricted to a sanitary sewer force main not to exceed thirty inches inside diameter and appurtenances. It is understood that the GRANTEE shall have the right to replace said sanitary sewer force main with another farce main serving the same function. The force main will typically be PVC C-905 except in the areas of the directional drill below Smith Creek and the force main at the southwest of the existing Runway 6 where the pipe shall be high-density polyethylene ("HOPE") pipe. In the portion of the Easement Area southwest of the existing Runway 6 and extending four hundred (400} feet on each side of the centerline of Runway 6, the pipe sections shall be fused and direct buried at five (5} feet minimum depth. Any air relief valves and vaults shall be located outside of such area. b. The GRANTEE understands that the location of the Easement Area is in the approach to Runway 6, which is the primary instrument runway at the Airport. The GRANTEE understands that the GRANTOR/FAA will be constructing a Medium-Intensity Approach Lighting System with Runway Alignment Indicator Lights ("MALSR") which is a piece equipment that provides an 3 Board of Commissioners Meetin 12101 2004 2-3-3 New Hanover County Contract # 09-0179 airport service for pilots and aircraft. The MALSR underground cables and fencing will cross the Easement Area on the end of Runway 6. The Grantor/FAA shall have the ability to construct and maintain the MALSR as needed. c. The GRANTEE shall construct, operate and maintain the sewer force main to ensure the safe and uninterrupted use of Runway 6-24. Without limiting the foregoing, the GRANTEE shall comply with the following requirements in constructing, improving, replacing, removing, maintaining and repairing the sewer force main: {1) During any activities in the Easement Area, the GRANTEE shall not undertake any burning or debris burial. The GRANTEE shall nat undertake any night work without the prior written approval of the New Hanover County Airport Authority. (2) The GRANTEE shall provide a minimum of forty-eight (48) hours notice to the Airport Authority prior to any non- emergency construction, repair or maintenance activities. In undertaking such activities, the GRANTEE shall comply with the Federal Aviation Administration ("FAA") Advisory Ciroular No. 150/5370-2 (most current version) entitled "Operational Safety on Airports During Construction". The GRANTEE shall submit FAA Form 7460 "Notice of Proposed Construction or Alteration" to the FAA and obtain a no hazard determination prior to any non-emergency construction or repair activities. The GRANTEE understands that it may need to mark and light any construction or maintenance equipment while working in the Easement Area. No equipment shall penetrate the height limit as set forth in the Airport Authority's most current Airport Height Control Ordinance. (3) Upon completion of any construction, maintenance or repair activities, the GRANTEE shall grade the surface of the ground so that it is smooth, does not hold water, drains and can be easily mowed or maintained. If the GRANTEE removes any trees, the GRANTEE shall grind the stumps to the surface of the ground. The GRANTEE shall reseed the area disturbed by construction utilizing grass species approved by the Airport Authority. (4) The GRANTEE shall be responsible for obtaining all permits required far the work. The GRANTEE shall provide the GRANTOR copies of all permits, wetland delineations, surveys or plans related to the Easement Area. (5) After installation, the GRANTEE shall mark the location of the sewer force main with concrete markers flush tc 4 Board of Commissioners Meetin 12101 2004 2-3-4 New Hanover County Contract # 09-0179 the ground along the length of the main in the Easement Area. The GRANTEE also shall provide the GRANTOR with record dxawings of the constructed sewer force main and any subsequent modifications thereto. GRANTEE shall mark the location of the sewer force main upon request of the GRANTOR. d. The GRANTEE shall provide to the GRANTOR and update as necessary a twenty-four (24) hour emergency contact telephone number. e. The GRANTEE shall comply with all requirements of the Airport Authority and any Federal agency applicable to access to the Airport property. Furthermore, GRANTEE agrees to comply with any future operational, safety or security requirements that a Federal agency may impose on the airport. In the event that the FAA or any other Federal Agency requires the relocation or adjustment of the sanitary sewer force main, the GRANTEE shall pay any cost of the relocation or adjustment not reimbursed to the GRANTOR. f. The GRANTEE shall immediately repair and accept liability for any damage resulting from GRANTEE's activities to any Airport property or improvements, including but not limited to navigational aids, cable, fencing, roads and pavement. g. The Grantee will not interfere with the Grantor's/FAA's installation of MALSR, future NAVAIDS, and other airport service equipment so long as the Grantor has received applicable federal, state, city and county permits, except where the requirement for such permits is pre-empted by Federal or State law. h. To the extent permitted by law, Grantee shall indemnify and hold the New Hanover County Airport Authority, its officers and employees, harmless against any and all claims, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages or environmental contamination arising out of or relating to the use of the subject easement, resulting from the negligence of or the willful act or omission of Grantee, its agents, employees and contractors. It is understood and agreed that the execution and delivery of this deed by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, 5 Board of Commissioners Meetin 12101 2004 2-3-5 New Hanover County Contract # 09-0179 sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees. Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTOR for its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said easement against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The terms of this Easement shall be binding on the GRANTEE and its officers, employees, contractors, engineers and consultants and their successors and assigns. The GRANTOR specifically acknowledges and agrees that this Easement may be assigned by GRANTEE. IN WITNESS wHEREOk', the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRANTOR: New Hanover County By: Robert G. Greer, Chairman ATTEST: County Clerk New Hanover County Airport Authority By: J n D. Lennon, Chairman ,, ; _ This ln~r~nt Nas lae6n Pro-A~~itod I~ The G . ton, a retary Ntanner required ~y The Local Uovemment '~ Budget And Fiscal Control Act ,~ ~,. ~~~ ~ ~ t-' 6 '1'~ . , ~ .~:~ ~-~- ~.~.~ Fg Board of Commissioners Meetin 12101 2004 2-3-6 New Hanover County Contract # 09-0179 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that personally appeared before me, and who being duly sworn, says that she knows the common seal of the County of New Hanover and is acquainted with Robert G. Greer, Chairman, of New Hanover County, and that is Clerk of New Hanover County and saw the said Robert G. Greer, Chairman, of New Hanover County, sign the foregoing instrument, and saw the common seal of said New Hanover County affixed to said instrument by said Chairman, that she, the said Clerk as aforesaid, signed her name in attestation to the due execution of said instrument in the presence of said Chairman of New Hanover County. 2006. Witness my hand and notarial seal, this the day of Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2, , a Notary Public, certify that Paul G. Burton, personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, a body corporate, and that by authority duly given and as the act of the body corporate, the foregoing instrument was signed in its name by John D. Lennon, its Chairman, sealed with its corporate seal, and attested by himself as its Secretary. 7 Board of Commissioners Meetin 12101 2004 2-3-7 New Hanover County Contract # 09-0179 Witness my hand and official seal, this the day of 20 . My Commission Expires: AirportSewerFOrceMainEasement 090607(6) Notary Publie Board of Commissioners Meetin 12101 2004 2-3-A New Hanover County Contract # 09-0179 b j 3 ~_ /:. ~~ ,~ ~~d / / / ~/ _ , ~ ~,~' ~ r ,~ ~a~ F~ ga ~~~ -~~ @p~9 ~" hpe G ~, e 6 i ~~_SA 9~ 26~ t p9 ~ ~~ ~ p~~~q~ ~ ~~ €p~~~ ~~6~~ h 9~~ ~'~k~ F 3 O ~ $ ~~ ~ Il`$1~ ~ hv~ a9~. P~~n~g ~ ~ E ~6 ~ ~ ~ ~ ~~ ~ gi 4 3 g e aC,Seg~_ YaS~a~ a m€8 3 _ .,. /~tl ~ ~\\ ~~ -'" -~~~ / ~ I I I I I ~$ ~~ A ` ~ ,R ~ ~ , ~ & ~ ~ ~ ~ ~ , c8 t~~~i ~~ ,~~°`~ 8g ~~~ i ce :~~~s ~~ ~' -~' ~ ~~R ~ ~~q~ ~ :,~e ~~ ~~~8 ~6 ~~~~ s~< ~; pwwwwww~..~~..~~~~~~~,----BBBBBB~~ N s~~ 4 0 , ~~~~~ ~ ~ g~~~~ F ~ ryOryFUOF ~8 UZ~ O ~~ ~~a~~ g ~~~~ ~~ ~~~~ ~~ °z a s ~ p 4 ~ ~~ ~~ ~ ~ ~~s~ ~~y Q ~a Q° Z~ ~a J~ ~¢ ~~ ~~ $~~~~ ~~ ~~a~~~ ~~~a„ ma• r[ Board of Commissioners Meetin 12101 2004 2-3-9 New Hanover County Contract # d9-0179 rr U.S. Department of Transportation Federal Aviation Administration Airports District Office, FAA Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-7150 FAX: (404) 305-7155 October 7, 2008 Ms. Julie A. Wilsey, A.A.E. Deputy Airport Director Wilmington International Airport 1740 Airport Boulevard Wilmington, NC 28405 Dear Ms. Wilsey: I have reviewed the draft easement enclosed in your letter, dated August 27, 2008, requesting approval for a utility easement and a release of federal obligations associated with this property. We concur with the New Hanover County Airport Authority granting an easement for the purpose of constructing a new force main sewer line. Since this new easement will not change the use of the property there is no requirement to release this property from federal obligations. Given that this easement crosses the approach end of Runway 6 please make sure that the easement /utilities are located where they will not interfere with any proposed or future airport development. Sincerely, Rusty Nealis, P.E. Program Manager Partners in creating tomorrow's airports `L Board of Commissioners Meetin 12101 2004 2-3-]0 New Hanover County Contract # 09-0180 INSTRUMENT PREPARED $Y Cape Fear Public Utility Authority & RETURN TO: Cape Fear Public Utility Authority Engineering Department 235 Government Center Drive Wilmington, N.C. 28403 Telephone (910) 332-6560 STATE OF NORTH CAROLINA SEWER b'ORCE MAIN EASEMENT COUNTY OF NEW HANOVER PIN THIS DEED OF EASEMENT, executed this the day of 2008, by and between New Hanover County, a political subdivision of the State of North Carolina and the Never Hanover County Airport Authority, a North Carolina body corporate and politic (hereinafter individually and collectively referred to as "GRANTOR") and Cape Fear Public Utility Authority, a water and sewer authority organized and existing under the laws of the State of North Carolina, whose address is 235 Government Center Drive, Wilmington, North Carolina 28403 (hereinafter referred to as "GRANTEE"; W I T N E S S E T H: For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and non-exclusive perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or operating a certain sanitary sewer line and related 1 Board of Commissioners Meetin 12101 2004 2-4-1 New Hanover County Contract # 09-0180 appurtenances as more particularly described herein, said premises being a certain parcel or tract of land located in New Hanover County, North. Carolina, and more particularly described as follows: Sae the Exhibit "A", attached hereto and incorporated herin by reference (hereinafter referred to as "Easement Area"?. The above-described is a portion of the property conveyed to GRANTOR by deed recorded in Book Page of the New Hanover County Registry. TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its successors and assigns, forever. This right-of-way and easement hereby granted is appurtenant to and runs with the land now owned by the GRANTOR. The GRANTOR reserves the right to grant easements to other parties within the Easement Area so long as such easements do not interfere with the GRANTEE's use of the Easement Area and the rights granted herein. The facilities now in existence or to be placed over, under, upon and across the Easement Area shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities for the same uses and to make such changes and additions to such facilities upon the Easement Area as the GRANTEE may deem advisable, subject to the terms hereof. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE's rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTOR, its heirs, successors and assigns, shall retain the right to cultivate the ground Lying within the boundaries of the Easement Area and use said Easement Area for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within the Easement Area except those arising out of the gross negligence of the GRANTEE. Subject to the terms hereof, for the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANTEE shall have the right of ingress to and egress from the Easement 2 Board of Commissioners Meetin 12101 2004 2-4-2 New Hanover County Contract # 09-0180 Area over such roads, alleys, ways or paths (hereinafter collectively referred to as "Airport roads"} as may now or hereafter exist on the property of the GRANTOR. Any and all construction activities and/or repair or maintenance activities upon the premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with ar impede the ongoing safe and uninterrupted operation of the Airport, Runway 6- 24, and Airport navigational aids. Any damages resulting to such Airport roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such Airport roads at any time. If there are no public or Airport roads reasonably convenient to GRANTEE to access the Easement Area, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the Easement Area in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not impede the ongoing business activities to include aviation operations and construction activities conducted on the premises by GRANTOR, its successors and assigns. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. By acceptance of this Deed of Easement, the GRANTEE agrees that its use and any construction, inspection, improvement, replacement, removal, maintenance, or repair activities in the Easement Area shall be subject to the following conditions and limitations: a. This easement shall be restricted to a sanitary sewer force main nat to exceed thirty inches inside diameter and appurtenances. It is understood that the GRANTEE shall have the right to replace said sanitary sewer force main with another force main serving the same function. The force main will typically be PVC C-905 except in the areas of the directional drill below Smith Creek, and the force main at the southwest of the existing Runway 6 where the pipe shall be high-density polyethylene ("HOPE") pipe. In the portion of the Easement Area southwest of the existing Runway 6 and extending four hundred {400) feet on each side of the centerline of Runway 6, the pipe sections shall be fused and direct buried at five (5) feet minimum depth. Any air relief valves and vaults shall be located outside of such area. b. The GRANTEE understands Area is in the approach instrument runway at the that the GRANTOR/FAA will Approach Lighting System Lights {°MALSR") which is that the location of the Easement to Runway 6, which is the primary Airport. The GRANTEE understands be constructing a Medium-Intensity with Runway Alignment Indicator a piece equipment that provides an 3 Board of Commissioners Meetin 12101 2004 2-4-3 New Hanover County Contract # 09-01.80 airport service for pilots and aircraft. The MALSR underground cables and fencing will cross the Easement Area on the end of Runway 6. The Grantor/FAA shall have the ability to construct and maintain the MAT,SR as needed. c. The GRANTEE shall construct, operate and maintain the sewer force main to ensure the safe and uninterrupted use of Runway 6-24. Without limiting the foregoing, the GRANTEE shall comply with the fallowing requirements in constructing, improving, replacing, removing, maintaining and repairing the sewer force main: (1) During any activities in the Easement Area, the GRANTEE shall not undertake any burning or debris burial. The GRANTEE shall not undertake any night work without the prior written approval of the New Hanover County Airport Authority. (2) The GRANTEE shall provide a minimum of forty-eight (48) hours notice to the Airport Authority prior to any non- emergency construction, repair or maintenance activities. In undertaking such activities, the GRANTEE shall comply with the Federal Aviation Administration ("FAA") Advisory Circular No. 154/5370-2 {most current version) entitled "Operational Safety on Airports During Construction". The GRANTEE shall submit FAA Form 7460 "Notice of Proposed Construction or Alteration" to the FAA and obtain a no hazard determination prior to any non-emergency construction or repair activities. The GRANTEE understands that it may need to mark and light any construction or maintenance equipment while working in the Easement Area. No equipment shall penetrate the height limit as set forth in the Airport Authority's most current Airport Height Control Ordinance. (3) Upon completion of any construction, maintenance or repair activities, the GRANTEE shall grade the surface of the ground so that it is smooth, does not hold water, drains and can be easily mowed or maintained. If the GRANTEE removes any trees, the GRANTEE shall grind the stumps to the surface of the ground. The GRANTEE shall reseed the area disturbed by construction utilizing grass species approved by the Airport Authority. (4) The GRANTEE shall be responsible for obtaining all permits required for the work. The GRANTEE shall provide the GRANTOR copies of all permits, wetland delineations, surveys or plans related to the Easement Area. {5) After installation, the GRANTEE shall mark the location of the sewer force main with concrete markers flush to 4 Board of Commissioners Meetin 12101 2004 2-4-4 New Hanover County Contract # 09-0180 the ground along the length of the main in the Easement Area. The GRANTEE also shall provide the GRANTOR with record drawings of the constructed sewer force main and any subsequent modifications thereto. GRANTEE shall mark the location of the sewer force main upon request of the GRANTOR. d. The GRANTEE shall provide to the GRANTOR and update as necessary a twenty-four (24} hour emergency contact telephone number. e. The GRANTEE shall comply with all requirements of the Airport Authority and any Federal agency applicable to access to the Airport property. Furthermore, GRANTEE agrees to comply with any future operational, safety or security requirements that a Federal agency may impose on the airport. In the event that the FAA or any other Federal Agency requires the relocation or adjustment of the sanitary sewer force main, the GRANTEE shall pay any cost of the relocation or adjustment not reimbursed to the GRANTOR. f. The GRANTEE shall immediately repair and accept liability for any damage resulting from GRANTEE's activities to any Airport property or improvements, including but not limited to navigational aids, cable, fencing, roads and pavement. g. The Grantee will not interfere with the Grantor's/FAA's installation of MALSR, future NAVAIDS, and other airport service equipment so long as the Grantor has received applicable federal, state, city and county permits, except where the requirement for such permits is pre-empted by Federal or State law. h. To the extent permitted by law, Grantee shall indemnify and hold the New Hanover County Airport Authority, its officers and employees, harmless against any and all claims, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages or environmental contamination arising out of or relating to the use of the subject easement, resulting from the negligence of or the willful act or omission of Grantee, its agents, employees and contractors. It is understood and agreed that the execution and delivery of this deed by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, 5 Board of Commissioners Meetin 12101 2004 2-4-5 New Hanover County Contract # 09-0180 sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees. Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTOR for its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said easement against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The terms of this Easement shall be binding on the GRANTEE and its officers, employees, contractors, engineers and consultants and their successors and assigns. The GRANTOR specifically acknowledges and agrees that this Easement may be assigned by GRANTEE. IN WITNESS WEiEREOE', the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRANTOR: New Hanover County By: Robert G. Greer, Chairman ATTEST: County Clerk New Hanover County Airport Authority By: Jo Lennon, Chairman ~!~ au urt~ ecretary '~' ~=• ~ ,a ,. ~ *i , ~ This i,~~atri:~nt Has ~ee~n F~r~-A~~ited ioT~ Mtanrier required E3 'fhe Local Government ~ ~ ~ Budget And Fiscal Control Act. ~ Wil.M,INc>TOni ~ 6 / "~ 'I' ~llahl/U. ~ * 4~/~U~BiWCMT ~, "~~~~ CAR~~' Board of Commissioners Meetin 12101 2004 2-4-6 New Hanover County Contract # 09-0180 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that personally appeared before me, and who being duly sworn, says that she knows the common seal of the County of New Hanover and is acquainted with Robert G. Greer, Chairman, of New Hanover County, and that is Clerk of New Hanover County and saw the said Robert G. Greer, Chairman, of New Hanover County, sign the foregoing instrument, and saw the common seal of said New Hanover County affixed to said instrument by said Chairman, that she, the said , Clerk as aforesaid, signed her name in attestation to the due execution of said instrument in the presence of said Chairman of New Hanover County. Witness my hand and notarial seal, this the day of , 2008. Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public, certify that Paul G. Burton, personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, a body corporate, and that by authority duly given and as the act of the body corporate, the foregoing instrument was signed in its name by John D. Lennon, its Chairman, sealed with its corporate seal, and attested by himself as its Secretary. 7 Board of Commissioners Meetin 12101 2004 2-4-7 New Hanover County Contract # 09-0180 witness my hand and official seal, this the day of 20 My Commission Expires: Notary Public AirportSewerFOrceMainSasement 090fi07(6) Board of Commissioners Meetin 12101 2004 2-4-A New Hanover County Contract # 09-0180 ~~~ ~p 4 ~ a '~4~C~~u b p Y ~ 343y~y 2Bb gpby 6~~ gyyy ~ EE I 6 e4 6 y ~~~ k~ ~~~~ ~ ~ ~ ~ i ~b6b ~ C ~ 6 p~ ~ S ~ gy ~` b a pp y ¢ ' ~ ia pp 4 ~ g€ Ni ~~]$35~~~~ei ~S 3 E~~`.t 4~8~~~ 2#lll 7.4~3€~~ `~^999999` ~^ ~}3gg p~k7 99 d k ~ ~€ ~ ~ Cgg `~~~' t s~4 d +~ ep~p e 2 ~ $ p~9g gkg ~~k8~ F ~ ~ ~ j , "C k € ~ ~ ~ ~ gg b ~ Ya ® ~( Y gtlQ sg ~^y Fp~"~~ 3€ b Sq~g Yii 6 E sl~~ ~£ y4y{~6 9 ~~ ~gY g.g X ~ Y Y N` ~p 8 ~ gQ3 ~®~y4 ~ Y ®p S~ E p' ° E ~ ~~~ ~ ~ 4tl ~S p~ ~' ~ p g a3 6 b ~ "~~~'~ ~ ~ ~} N ~ E 8 y ~~€9 F p~ k~ 6 t ~dd~b$2°~ ~ 6 4~ Cz >~~ °~@@C~II aA~~~~8a~~24~~s 53 ~ b p yy E "~8 4 ~ ~ ~ a o 'F~a ] ~ ~ a~ ~ f qjBBBBFFF Y~~ C~E b ~ E gl¢ ~R~ r n 6~ ~ ~ ~ M ~ ~3 c. Y €~83c @$ 3 ~Qq@ ~~ tgg~g ~3 g~g ~ gg 3 € e ~ggty°~' 4~ ~ dei~€~ $ ~~a$~ ~~ ~ kA~~~ ~ z ~g ggg $ y / F 9 a~ \ ~ ~ H owa ~ p ~ wS~ ~~ 3 /aa~~F~ ~ ~ -~ ~ a`6P ~M 0 ~u°U ~~ ~ / .-/ ~ ~ ~ e ~ € ,p ,CY ~' _,~~ i ~ P __ ~ i ~ // ~ ~ j .-~~~ ~ ' I ~ i° ~ ~ 9 ~ ~ €€ 4 ~~ " s ~~ E ~ ~ f ~~ ~pp 4 ~$g8 ~ ~ ~~ ~ i ' G$ J ~ ~ a re j ~ ~ I A ~ - 9 ~ % f /E I E 1 ` ` ~ I ' 1 1 Qg S~ [[ , ~ ` ~ ` ti gg 'tip ~ ~ ~~~ t ~ ~ \\ ~ ``~ LL< rp a~ ~ ~ `\ a~ ~~ ~~ Z~ ~ ' ~y t~ Y ~ ~` §J§Ca ~ e ~ ~o ~~ @$ `P i~~8 d V LLLLLLLL 2 ~ / i 99 ~€x S ~ § y N ~, f ~~@~~' / ~ ~ ~/ l ~ ,:~~E I\ \ _ ems' s ~p@33 ~ / ' ~ ~a ~ ~ YT ~~ '''' ~ 2@p~g ~ " , ~ ~~/ i ~ _ ~ ~ l 8$ ~ ~~~~ gX.~Y E ~~~8 ~o. ou~ ~/ ~ ' ~:: Board of Commissioners Meetin 12101 2004 2-4-9 rr U.S. Department of Transportation Federal Aviation Administration October 7, 2008 New Hanover County Contract # 09-0180 Airports District Office, FAA Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-7150 FAX: (404) 305-7155 Ms. Julie A. Wilsey, A.A.E. Deputy Airport Director Wilmington International Airport 1740 Airport Boulevard Wilmington, NC 28405 Dear Ms. Wilsey: I have reviewed the draft easement enclosed in your letter, dated August 27, 2008, requesting approval for a utility easement and a release of federal obligations associated with this property. We concur with the New Hanover County Airport Authority granting an easement for the purpose of constructing a new force main sewer line. Since this new easement will not change the use of the property there is no requirement to release this property from federal obligations. Given that this easement crosses the approach end of Runway 6 please make sure that the easement /utilities are located where they will not interfere with any proposed or future airport development. Sincerely, Rusty Nealis, P.E. Program Manager ._ n `l n lM `' ' ~ OC1 ti 0 20~~ ''t .. -=-._ Partners in creating tomorrow's airports -L Board of Commissioners Meeting 12101 2004 2-4- ]0 This page intentionally left blank. NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 CONSENT ITEM: 3 DEPARTMENT: Museum PRESENTER(S): Ruth Haas CONTACT(S): Ruth Haas SUBJECT: Approval of a List of Items be Deaccessioned from the Museum Collection BRIIJI' SUMMARY: Following completion of the 100°Io audit of the Museum collection in 2002, the Museum staff and Advisory Board have been diligent about culling items fi-om the collections that have no relevant provenance, are in very poor condition, or are duplicates of better examples. This process is a recommended step in effective collections management The items recommended for deaccession have all been reviewed by the Curator, Director, Collections Committee, and Museum Advisory Board. Recommendations for disposition are also provided. Many of the items on the list are identified for transfer to the Demonstl-ation Collection, where they can be used in educational programs and hands-on exhibits. An item may be recommended for auction, a process which removes the sale from immediate conflict of interest with the Museum. Income earned fi-om items sold at auction is kept in a restricted account used to conserve or purchase artifacts for the collection. An object may also be recommended for transfer to another collecting institution. When no reuse can be identified or safety is a concern, the object is destroyed. RECOMMENDI%D MOTION AND RIJQUESTI;D ACTIONS: Accept the recommendation of the Museum Advisory Board to deaccession the items identified on the attached list for deaccession fi-om the Museum's Permanent Collection. ATTACHMENTS: List for Deaccession COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12 01 2004 3-0 O O N V1 N .~ .~ O U O f6 0 m U 2 Z O N C O U w N O U N C O .~ w U U w 7 N 7 N LL N Q U o E C .. fA Qj O ~ .. ~ +J = N ~ N ~ ~ C O O O C C O O C~ O O O E Z >+ 0 ~> O O U P O C~ O U P ++ p O~ ~~ L y ~ 0 a ~ ~ V ~ O a > O~~ ' d 0 '~ ~_ D SUN Q d co SUN U ~ cn 0~2 C O O O O L ° ~ ~ O ° O ~ L ° (0 O ~ L (0 c U W d d c W d c W 0 N y ~ +~ L O ~ N N ~ N O .y C~~ ~O ~ (6~ "O L ~ (6~ "O L ~ ~ O ~ (6~ "O L ~ ~ ~ y (, O ~_Qx(" ~ ~ C W yJ ~ ~~ O ~~ v O ~ ~ U) N ~ C (n N ~ ~ C (n N ~ O ~ ~ O ~ C ~ Q O .O aI CC C C C C C C C ~ C ~ ~ Q N '~ O L ~ ~" ~ ~ O C N ~ "O U ~ O ~ "O U ~ O ~ L O O ~ "a U ~ O -O L O ~ O~ O N ~' ~ U ~ ~ ~ ~ U O 0 O _C O _C ~ O O _C (B ~ L.L D .C N~ o a w~ w~ w~ w~ o ~ UUa~~ N +~+ fA O N ~ N ~ >+ ~ ~ O C ~ " ~ ~ C N +' ~ ++ ~ ~ L ~ N O O ~j ~ ~ 0 C O ~ ~ fA ~ ~ (q L C O -p N O L ~ ~ ~ (B O Q N ~ ++ ' (B J Q ~ . ~ U N ~ 0 O ~ ~ 0 ~ O) C ~ C " N Y O ~ U 0 N `~ p ~O ~ O a otf fA "O ~ ~ N 0 ~ O W ~ d U ~ O ~ ~ " Q 0 ~ LL ~ T N C ~ ~ ~ ~ ~ O O V 0 ~ ~ U N f~pp (~6 '~(B a ~ a O~~ N ~ (n a C 0 ~' ~L O U E ~ ~ i a C 0 ~" ~ U ~ ~ L ~ ~ (0 ~ U ~ ~ ~ O 00 O O (0 O L ~ U ~ V (0 U ~ ~ Q r ~ ~ ~ "~ ~ ~ a..1 ~ ° O Y O (O ~ O N O C O i Ln ~° ~ C O > N ~~ ~ O O (0 U N O E p p ~ ~ ~ O +0-~ ~ YO ~ ~ C ~ ~ 00 Z (0 N U d ~ >, O p Q ~ °~ Q ~, N N U O U N m N " fA =~ ~~ "O O O ~' ~ 00 N~ L fC N Ln ++ N~ N~ ~ '~ d fA Q a O c~ Z 'O O M C N C U N~~ N O ~ O N U Q N LL \ 00 L T U=~~ C U N ~ fA d ~, ~° o - C U U N ~~ O° C L cad M ~ C L . = O 0 3 ' Q C O O O ++ a--~ fA j N~~ >+ >; N O ~ O }, N L ~ ~ ~, 0 O c ,~ Y C ~ co N~ C Q- U N +) E (~ O (0 ~ -p ~' ~ ~ +' ~ C N ~ (n E ( 6 ~ 2 U L (0 "O N C O ~ O Q +J ~' ~ ~ otj .~ J U ~ a W ~ d ~ u a ~ _ (0 Q ° ' Y fA " ~ ~ ~ o i ~ ~j -p ~ >, a (0 ~ .~ ~ a o O O "O O pp D L N pp pp +' L pp L (ndO~~~d~d O "p m co O C (B (n Z cow ~ O C .- C 0 O m~C~~~d O (B O .- ~2m U E O pp C N m}, ._ L L O V! . _ _ L!') ~ ~ ~ O Vl ~ ~ (B ~ .> .a z C N ~ 00 ~ ~ M °~ .> 'a M (B N M Q C O ~M i~ ~ O 00 M ~ O ~ 00 Q ~MM ~,.~ ~ ~ 3 y ~ ~ ~ N ~ O 3 ~ ~ 0 O 0 y O N v In N (O c0 (O ~ O 00 O O O N O ~ 0 O ~ ~ Q 0 0 ~~ O ~ O M ~~ 0 0 ~~ O N ~ O ~ ci'a"a Board of Commissioners Meetin 12 01 2004 3-1-1 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 CONSENT ITEM: 4 DEPARTMENT: Sheriff CONTACT(S): Sheriff S. A. Causey SUBJECT: PRESENTER(S): Sheriff S. A. Causey Approval to Implement the Electronic Records System Policy for New Hanover County Sheriff's Office Management Records in Accordance with the North Carolina Retention and Disposition Schedule -County Sheriff's Office as Outlined by the North Carolina Department of Cultural Resources Archives Section BRIEF SUMMARY: The Sheriff's Office has implemented the proced~u-e of Laserfiche in order to preserve the personnel records in accordance with the North Carolina Retention and Disposition Schedule -County Sheriffs Office. This proced~ue allows for document preservation and access during a critical incident such as a hun-icane and to eliminate the consh~aints of space and paper document storage. RECOMMENDED MOTION AND REQUESTED ACTIONS: Respectfully request adoption of the Electronic Records System Policy for New Hanover County Sheriffs Office M~magement Records, Laserfiche lnsti~uctions Manual, and Laserfiche Auditing Procedures. ATTACHMENTS: Electronic Records System Policy Lnstl~uctions Audit lnstl-uctions COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12101 2004 4-0 ELECTRONIC RECORDS SYSTEM POLICY FOR NEW HANOVER COUNTY SHERIFF'S OFFICE MANAGEMENT RECORDS PURPOSE: Records are considered to be the property of the New Hanover County Sheriff's Office and maintained for the benefit of agency use in delivering services and in documenting agency operations. In keeping with current trends, modern electronic technology is widely used. This electronic imaging record policy reflects guidelines set forth in the North Carolina Department of Cultural Resources publication, North Carolina Guidelines for Managing Public Records Produced by Information Technology Systems. Established guidelines will not only increase the reliability and accuracy of records stored in information technology systems, but also ensures they remain accessible. Established guidelines for reproduced records will likewise enhance their admissibility and acceptance by the judicial system as being trustworthy. Privileged or confidential information will also be protected by this policy. This policy will be re-evaluated at least every five years and updated as required. RECORDS TO BE SCANNED: As defined in the North Carolina Department of Cultural Resources publication, North Carolina Retention and Disposition Schedule County Sheriff's Office, the following record types will be covered by this policy, but not limited to: • ADMINISTRATION AND MANAGEMENT RECORDS • BUDGET, FISCAL, AND PAYROLL RECORDS • BUILDING INSPECTION RECORDS • INFORMATION TECHNOLOGY (IT) RECORDS • LEGAL RECORDS • PERSONNEL RECORDS • PROGRAM OPERATIONAL RECRODS: SHERIFF RECORDS • PUBLIC RELATIONS RECORDS • RISK MANAGEMENT RECORDS Destruction of the original paper record will be processed following imaging and quality control assurance. Paper records scheduled, as "permanent" in the Record Retention and Disposition Schedules for County Sheriff's Office, will not be purged unless a Laserfiche preservation duplicate is created prior to destruction. The document management system is designed to meet all technical requirements as specified by the NC Department of Cultural Resources. Images scanned into the document management system are stored as Group IV TIFF images, and the indexes reside in a database in Microsoft SQL Server to provide a completely non-proprietary system. The vendor has supplied all documentation about the database layout and design to ensure that the images and indexes are readily accessible by the IT Staff of New Hanover County. The County IT Staff have been trained on the proper back-up Board of Commissioners Meetin 12101 2004 4-1-1 techniques for both the images and the database and have committed the proper resources to manage the backup and general maintenance of the imaging server. Scanned records will be maintained for the specified retention periods according to the Record Retention and Disposition Schedules for County Sheriff's Office published by the North Carolina Division of Historical Resources. The original paper record will be shredded on Government premises by Department staff. Security backups of all imaged documents will be generated nightly and maintained off-site. A listing of all records imaged will be kept in electronic format along with a listing of the dates of destruction. Imaged records stored in the Document Management System will be considered the New Hanover County Sheriff s Office "official" agency record. Any hard copy generated from the imaged records will be considered the agency's duplicate "working" record. TRAINING: Detailed documentation of system usage is available to the Sheriff s Office Staff Trainers on proper techniques for image capture, indexing, quality control, security configuration, auditing, and general system maintenance. The key imaging operators have received formal training in the use of the equipment. All applicable Sheriff s Office staff will be trained in the correct procedures required for imaging and the reproducing of records. All applicable Sheriff s Office staff will be trained in the correct procedures for viewing imaged documents and for reproducing of any imaged document. New Hanover County Sheriff s Office Staff Trainers will conduct any ongoing end-user training. AUDIT TRAILS: Documentation of all imaging activities is maintained through audit trails built into the imaging system to protect the agency from potential fraud or any other unauthorized acts, as well as the authenticity of the records. Audit trail includes Success or Failure of the following events (at a minimum): Add/Edit Electronic Document Assign Index Template Copy Document Copy Pages Create Document/Folder Delete Entry Delete Pages Delete Volume Edit Image Export DocumentBriefcase Insert Page Log in/out Move Document Move Pages 2 Board of Commissioners Meetin, 12 01 2004 4-1-2 AUDITS: Managerial staff for the various units of the agency will periodically audit imaged records for accuracy, readability, and reproduction capabilities. Hardcopy records will not be destroyed until the managerial staff has audited a sampling of those records for system's accuracy. A written audit report will be prepared indicating the sampling of records produced and what remedial procedures were followed if the expected level of accuracy was not achieved. DOCUMENTATION: Procedures: Staff trainers of the New Hanover County Sheriff's Office will be responsible for the preparing and updating of detailed procedures that will describe the process followed to produce and reproduce an automated record. This documentation will include a description of the system hardware and software. A current procedural manual will be maintained to assure the most current steps are followed and to assure reliable system documentation will be available for judicial or similar proceedings. Training: Documentation will be maintained for the distribution of written procedures, attendance of individuals at training sessions and refresher training programs and other relevant information, including dates. R etenti nn One set of all system documentation, including documentation describing how the system operates from a functional user and data processing point of view, will be maintained permanently in the event a court review is necessary. When system documentation changes, old versions will be maintained for 3 years after discontinuance of system and after all data (records) created by the system has been destroyed or transferred to a new operating environment. AVAILABILITY OF SYSTEM FOR OUTSIDE INSPECTION: This agency recognizes the fact that the judicial system may request pretrial discovery of computer programs and related materials. Agency personnel will honor requests for outside inspection of the system and testing of data by opposing parties and the court. It will also honor inspection and copy requests pursuant to Chapter 132 of the North Carolina General Statutes. 3 Board of Commissioners Meetin 12 01 2004 4-1-3 ~/ e~ ~w~ a ~~~~ ~~`~ ~ rs~ 1~~i \~ C1 O r~ ~Z~ New Hanover County Sheriff s Office Laserfiche -Electronic Document Archival Instructions Manual Board of Commissioners Meetin 12101 2004 ~4-2- 1 Table of Contents How to Log In Page 2 Adding Pages to Existing Documents Page 3 Creating New Documents Page 4 Searching for Documents Page 5 Basic Laserfiche Functions Page 7 Storing Documents Using Snapshot Page 9 Log In with Windows Authentication Page 10 Saving a Search Page 11 1 Board of Commissioners Meetin, 12 01 2004 4-2-2 How to Loin to LaserFiche. 1. To begin click on the LaserFiche Icon located on your desktop. A~I ~ ~ 2. The LaserFiche program will load displaying the window below. ~ ;~ ~y 3 Available Repositories 4 rx,~ ~r~ (~ Lke '.S n1;:.s ~. .'1u'Ih eeti_t,rn ~ Use a -ead-.n!'; :a-rao-a; OPEP ~ATTAGM RE°RE~I1 5 rr~. RFgi~Sc.rcd te: rx.~ Har 3rx-6eurty _.._ _._. =emc,-l=r<*!a~a gerr~rr =ar-e •. ]r:. =~'I ;~qMc Cec~•-; ad ~~_ t.it? n: Check the box "Use Windows Authentication" if it is not already checked. Click the "Open" button and you will be logged into Laserfiche with your network credentials. After logging in, you will see the Laserfiche Client Interface. You are now ready to search for documents already in the system, or to add documents to the system. • Shnrfff RwraarAc . I ~rcariEchr. ~~ r"9iG~g ~ f~ ndR,..,ana.,an L{7 ~ .4ppfa:S81s - dUU~7 r~ ~ O~~'iqSSi~'-'t8ry AC4~tX CJ l~ ~R i~J 4_~ .asave Emplowee'ketords 4J ea.sehaa ltl ~ RprmS ~ IrmcLlve EmR"o'r'ee Rccarda ITJ ~ Time Sheets • 200b It7 ~ rime sheen - m67 rN,e SMfrtr - 7nng Ctl ~ Raisetctters • ~tSAt ''~ Sr1aG'sMflts f.' iIJ Stath C#i lu ~A~ti BIN t.. ~ Crer-.non[rn:er e ^u'ret i _. ~~ `~ ~' ;~ .~.me ~_::dm:~^'strat=an ~. 'Jetrniion Center rugs oc~'ed -.ages Er<r i[a i 2 Board of Commissioners Meetin 12 01 2004 4-2-3 Adding Pages to Documents Already in LaserFiche. 1. To add pages to an existing document, you have 2 options; Option 1 - Browse to the file and open it, Option 2; Search for the file and then open it. Depending on the number of documents in your system, Option 2 may be much faster. 2. To Browse for a document, simply open the folder where the documents reside and continue through the folder tree until you find the file you are looking for. 3. Double click the User Folder you wish to open and the contents of that folder will be displayed. 4. To open your scanned documents double click the document Name. Fiie "coif 'vlex Tool 1~; in3o~,e Held w~etadata .o x ~~.~u°ma~:~s .o x Fe':"s 'ags _nks 'feraons ~,d;exw ~ ~ '" ~ ~ 5. To add pages to this Template: ShenRHR _~-'-~ ~ t ~ . ,. r document you need to ,pa, ~:, ~_ have it open, and the IAST H(NE o ~ select the Scan option AD~~~+~ from the File menu. RRST NAhE -"~"' .. ta~1.~7ir __ _~..,e 6. LaserFiche will ask ~-~ _~---`~= you where you want to ~ - _ ~'""'~` -=~ ~-- insert the pages, we ~b~~~Y _ 5 recommend scanning c~tnF~~~r~s t0 the front. Sfp7U5 ' . ~~„„E ~°~~~-=°~~ ~~~~ ~~~ 7. After you select the _= _: -. ~_ _~ page insertion, the _---- `~`"`"M ~~` scanning window will open, load the Ready - Sne"~ffRe~a~.,;~~_~~c~,:; Fa~elaf233 document, click scan, z and then review the pages as they feed through the scanner. Note: If pages are not readable those pages will 8. Click "STORE" to have to be rescinded. save the pages into the document, then close 1. Repeat this process for each document where the scan window. you need to add pages. Board of Commissioners Meetin 12101 2004 ~4-2-4 Creating New Documents in LaserFiche If you are adding a new HR file to Laserfiche, you will start by opening the folder where you want the file to reside and then click the "SCAN" button. .i~ra_a~ltyl:a.:r.~ul~rc;~.ar.~,-.a>21c++1 ~a.•~Jr•~:s.:rtulru°~• 4.~lIL~Jll.1 File E~iz '~:ie~ir :+c[W°- $l~n 'a~= ~,~„ .: ,~ ~i , ,,,;r Feeds ~.7ualexJ ~' _ Scar, ~,er's r+?ars+r,un: v Jefaul€ Proaernes i~~age Prolessm fo°. Laser',5r_he Rotatel n _es_ _-~ ~~es ._. _ Sample Image LaserFiche` P-,... x. ul...e ......... ,..! Rill 7®~ Skip 7m: ~ b.,n a..s.:a~v.w ~ y ~ ad. ~ m+... ..y.,. a a31x .a•..+,~.. c,. llrw SliLISIfRi4N !.m suwert 1Nx uAll 1.4.1 MIIZ TERMS. y..u+nrr miscwn urwrvwcl at~4urr - ---~~~..,,.. wm rwa ~.- - - ~- SMS1.5 lA~ a~ s~raawl~w„n..c; ..w rm*u4w ~N~QMC~ ~NV~I~d ! Ip5 okra ~:a~wi ~ Default Praper~es .~ X F7rscunrent Properties De?au _ doturnen!. i~-arn~:. ~"rcld3 Tagps ' Settings w Qefault TelrlplaRe- ;r:ef<f~ ~=~ EFrF~ ED r~~e~7 > LAST `:w'^'~. a,ciar,is > i=i~sT rdaM~ H.~.RC~LD ? ~.tDb_~. v V < T 2. After the scan window opens, you will need to add the appropriate indexes in the fields on the right side and name to the document so it can be retrieved. 3. Load the pages into the scanner, click the "SCAN" button. 4. After the pages have passed through the scanner, you can review them and re-scan them as needed. The pages will display by page number on the left side of the screen. 5. When you are ready to save the images, click the "STORE" button. 6. You can continue with another document or close the scanning interface and return to another task. 4 Board of Commissioners Meetin 12 01 2004 4-2-5 Searching for Documents in LaserFiche To Search for documents you must be logged into the LaserFiche client or the LaserFiche Web Client. Your Program manager will inform you as to which client you will use. After logging in use the following procedures to search for documents. FRIG EOi[ ~'~~f" C9!~ Tp9$ ';~+Ep%`~ Mt"+p I ~" $Edt.'~`. X ''idmE ~ i I Field ~ G CA'-es © ~C:[-RTF x; TempWte: ShenffHR ICDI;Ch!MARY ACIIOh15 I~HW,~xkI RESOURCES LM~7D [~lE I ICR$ OF C4~1~i9VOATfO~' 1. Click on the Search button. 2. The search window will be displayed. Idlmm.C6L UYST NAME ~iME1aC5 PERRtlNE ~:oA„s~F~~=:~. Note: There are several dz Brent es o FIRST hWh1E 6-GARS ~~;~R-~<:;'.~;-~s searches that can be performed. Consult ELI2,46ETH MBE your users' guide by pressing FI for details on creating searches. CATEGORY ~Ans 3. To select a search methods click the ~~ down arrows next to Customize Search. ` ' ~ 4. Now click on the search you wish to `~"`'' ~ RrsE' execute ~~~r_ - - 5. Searches are constructed by entering the information you are looking for in the fields of your search window. Tip: The more fields you fill in the fewer records will be presented for you to choose from. 6. After you have entered all the information you know press the search button or hit enter. 7. Your search results will be displayed in the right hand frame. Double click on the record you wish to view. 5 Board of Commissioners Meetin 12101 2004 4-2-6 Searching for Documents in LaserFiche (Cont'd) 11. If you wish to change search methods you can close your search windows by clicking the red X in the upper right corner of each "Search Method Window". 12. Repeat steps 1 through 7 to configure and execute another search method. File Edt 'sire;; AC~ort fiGO~ °'i'~tdvi+' ~itip J /~ ~~ ~ ~ e ~ MY r li ~b ~?~r~'~1 Text -~ vasi~ TeY.: E4~:rch ::.dYar' ~~ TeP;; ev ;I` Phrase li T~fBMQ l{P~L r+ ~R ~~ rro ~ 'dk111 I1 ~f1 (~ Fuzzy! search Field rt Tempbte: yl°eriff9l~ P`l~flle F~3R4r,E, EPYZA r~ -,~aERIFFST~rs~,a.. P=RRQ".E, E~TZAPc"N f~ -PARS w0:",E, ELiZAEE`H M -OATHS OF Q=F?[E PE~rRr3`r,E, EL?~AE~H P~f ° P~ISCELLAPlE0U5 ~RR~';E, Ei?ZA~"H P~s -P~Eht45 0 P RR4T.E, €LZA€~P1 P~9 -h'EDICAL P nRC~P•,E, E! L+k~'N P+~ -LETTERS C1F 4ph~r~i,,. 0 P~tR4n,E, ELSZ~~H PAP - HUh1~?d RES4URCE5 a€RRar,€, €Laa~-r+P~ -Qi~ct~Li?l;~fiYAUT... r~-~+iRQ" F, ELi%Aw'H Poi -P/]-~C x Ei~P I~ PAST ~tAh~E a~eaanr,i~ ~' search Reset I In l i?~R~EG ya;~..s c~a~r r{a~E r$a~e t~o1e P~o~e r~o~e ?d i~" Omni ~Adni~i yYdni'~i '~~i~o ~~i1i ,,, `'NR~I 'V~dttili ... y1R', ~r~~r ~~hu"'II'11 5i'eri(~we~7'G'j;.F`w;~l'':E;~ EAP 6 Board of Commissioners Meetin 12 01 2004 4-2-7 Basic LaseFiche Functionality: 1. There are several annotation tools that can be used when viewing documents in La~s-e~rFiche. ,,~~ 2. Bellow is a key describing the function of each annotation tool. Hand Tool: This tool allows you to grab a zoomed in region of the ~~ ~ document and slid it so you can view areas that are currently not visible. Magnifier Tool: This tool allows you to zoom in and out on the document currently being viewed. ~ ~ Sticky Note Tool: This tool allows you to add a sticky note to `,~ documents. Sticky notes are text annotations that can be entered by the user. Remember the text of a sticky note can be searched. Highlighter Tool: This tool allows you to highlight areas of the document you wish to draw attention too. Redaction Tool: This tool allows you to cover areas of the document that can not be viewed by others. Security Note: Redactions must be added by users with higher security settings than those viewing documents for redactions to appear solid. ,,,~~ ~ Page Scroll Tool: This tool allows you to change pages by clicking on ~- each arrow to move in the direction you wish to scroll ~ Rotate Tool: This tool allows you to rotate your document to the ~~~ _ ~; correction orientation. The rotation will be retained each time you L open the document. View Image Button: This Button turns on and off the main image a--, viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. 7 Board of Commissioners Meetin, 12 01 2004 4-2-8 Basic LaseFiche Functionality (Cont'd): View Text Button: This Button turns on and off the "OCR" text viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. View Index Fields Button: This Button turns on and off the index viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. View Thumbnails Button: This Button turns on and off the thumbnail 0®0 viewing window. This button is a toggle button. Click once to turn off 00© click again to turn the view back on. Rubber Stamp Tool: This tool will place a stamp on your document. The stamp can place any BMP file (Within a specific size) on your document. Select a stamp: Stamp Name Type Denied Pu61ic Add... Rename Delete Select colur~, Apply Stamp Close Help 1. After selecting this tool and clicking on the document you will be presented with the stamps available to you 2. Select your stamp then click Apply Stamp 3. Now click your cursor on the document where you wish the stamp to be placed. Note: Rubber stamps must be added to the system by your system administrator. 8 Board of Commissioners Meetin 12 01 2004 4-2-9 Storing Documents into LaserFiche using Snapshot: 1. From your program using the file menu selects the print option. 2. The windows print dialogue will be displayed. Now from the drop down list select the Snapshot printer driver. 3. Now click the OK button. Printer Name: Brother HL-5140 series v Status: Adobe PDF Auto Brother HL~5140 series on ARCAMEDES TYPe: Brother HL-5140 series Canon PIXMA iP5000 Print Rang ::i All Microsolt Office Document Ima e Writer Current view (_' Pages 1 1 J Subset: ;a pages. Properties Comments and Forms Documentand Stamps *~^ Preview ~ 8.5 ~ 4. The snapshot utility will be loaded. 5. Now name the document in the Document Name text box. 6. Now select the destination folder by clicking the "..." button. 7. Select the path from the browse dialogue. 8. Click ok to select the folder you wish to store this document. 9. The volume will be already configured for you 10. The Template will already be configured for you. 11. Now you need to enter the Index information to find this document. Click on the case number field and click the edit button. 12. Now enter the case number in the text box provided. 13. Click ok to save your index. 14. Repeat steps 11 through 13 9 Board of Commissioners Meetin 12 01 2004 4-2- ]0 Storing Documents into LaserFiche using Snapshot (Cont'd): Note: For documents to be indexed automatically you must enter at least two values. These values are the County case Number and the case number suffix. 15. Now click the OK button to store ~ your documents into LaserFiche. ~ O cancel Help 16. After the automated process has run document will be available for retrieval. Loping Into LaserFiche using Windows Authentication: During training we learned to login to LaserFiche using the LaserFiche Client. Now you will learn to login using your windows login. This login will not prompt you for a password; it will pass you windows login information to LaserFiche for you. '~~~~~ ~° Options ~~~/ 1. On the login I~ ~ Llse Windowsp Authentication I- lJse a read-only connection Screen C11Ck the ,~ Options URL' oP~~r~ ATT,~CH R1=FRESH Now check the "Use Windows Authentication 3. Now click the open button and you will be logged into checkbox. LaserFiche. Note: The next time you run LaserFiche it will remember which method you have selected last. 10 Board of Commissioners Meetin 12 01 2004 4-2- 11 Saving a Search The current search layout and criteria can be saved for future use. Although you are performing the same search, the search results may vary for the following reasons: • Documents and/or folders have been added or deleted from the repository. • The information or properties associated with a document or folder have changed since the original search was performed. Tip: One possible use for saving a particular search is to allow you to quickly perform similar searches. To save a search 1. In the search pane, configure the type of search that you would like to save. 2. Click (Save) from the toolbar in the search pane. The Save Search dialog box will appear. 3. Perform one of the following: • If you would like to create a new saved search, select the Save as a New Search option. Type the name by which the search layout will be known. • If you would like to save over an existing saved search, select the Replace an Existing Search option. Select the saved search that you would like to overwrite from the list. 4. Click OK to save your search. 11 Board of Commissioners Meetin 12 01 2004 4-2-12 T ~ ;~~ /~~~ 0 3 ~~ `~~ ~ L I E ~ SH \s n O > ~ ~~ 1~~i ., ~~~ New Hanover County Sheriffs Office Laserfiche - Electronic Document Archival Auditing Procedures -1- Board of Commissioners Meetin, 12101 2004 4-3-1 Table of Contents Audit Overview Page 2 How to Log In Page 3 Searching for New & Changed Documents Page 4 Auditing the Documents Page 5 Basic Laserfiche Functions Page 7 Saving a Search Page 9 Using Boxes Labels Page 10 -1- Board of Commissioners Meetin, 12101 2004 4-3-2 Audit Overview The primary purpose of auditing the documents stored in Laserfiche is to ensure the quality and accuracy of the records. Secondly, the audit is a core requirement of the North Carolina Department of Cultural Resources Archives Division if any agency intends to store records digitally. An audit will be the most effective if the paper records are available for comparison to the imaged records. If the originals are not available, the audit can still be valid, but it will be more likely to leave open concerns over the scanned records. Our recommended methodology is to review the images first, and refer to the paper if there are concerns around the quality of the images. There are 2 reasons to compare the original document to the imaged records. Reason 1 -there is a question of the quality of an individual image or series of images that have been scanned. A poor looking scanned image can either mean the document was not captured properly, or that the original was a poor quality document in the first place. If the original document was clean, the expectation should be that the scanned image looks just as clean. If the original document was in poor condition, then a poor scan the properly represents the original is considered acceptable. Reason 2 - there is a concern that not all the paper documents were captured during the scanning process. In this case if pages were not scanned due to double-feeding (more than 1 page passing through the scanner at a time) that may go undetected, or due to poor document handling procedures, a more substantial audit of all scanned records may be required to determine the depth of the issue. At the least, the scanner operator needs to be retrained on the process of scanning and reviewing documents for acceptable quality. The audit process described on the following pages can be expanded if there are serious concerns regarding the integrity of the scanned records. -2- Board of Commissioners Meetin, 12101 2004 4-3-3 Step 1 - Loin to LaserFiche. 1. To begin click on the LaserFiche Icon located on your desktop. 2. The LaserFiche program will load displaying the window belo ~~ File Edit View Action Tools Records Window Help ,4 ,. - 3 Available Repositories 5 ~~ Use Windowsp Authentica ~ Options [[ r Use aread-only nnedion OPEN ~ ATTACH REFRESH 6 Client Registered to: -New Hanover County Version 7.2 © 1993-2006 Compulink Management Center, Inc. All rights Reserved v I< 9 0 entries [Not logged in7 ~. w. J. ~ ~ti The first time you log in to LaserFiche click the "Options" button. Check the box "Use Windows Authentication" if it is not already checked. Click the "Open" button and you will be logged into Laserfiche with your network credentials. After logging in, you will see the Laserfiche Client Interface. You are now ready to search for documents already in the system, or to add documents to the system. -3- Board of Commissioners Meetin, 12101 2004 4-3-4 Step 2 -Search for New or Changed Documents in LaserFiche This search will need to reflect the time frame and type of document you are tasked with reviewing for the audit. ~~~~~~~~~~~ 1. Click on the Search button. ~ ~ ., - {~ 2. The search window will be displayed. ~~~~ _ Note: There are several different types of ®'~ searches that can be performed. Consult your rex~ ,~ o.. ge,~~rz,~ s~aRn Aa~~~e„e.aea~~~ users' guide by pressing Fl for details on `n`ase creating searches. F~==>=ea«„~ ~ ~~ ~~~ ~~~~~~~ 3. Select "Modification Date" as your first F~e~d d o search method, and "Field" as your Tem°~`e1 `""'""" secondary search method. _ ~ ~~~~ - 4. Enter the date range for the records you are ~ , ~3~~ RESe~ going to review (this are the scan dates - ~~_°~`°~` not the on mal document date 5. Next, Select the Template that relates to the type of records you are going to audit -unless you are in charge of auditing all new documents and then you should skip this step. There is no need to enter a search value -only to select the correct template. 6. After you have entered all the information you know press the search button or hit enter. 7. Your search results will be displayed in the right hand frame. Double click on the record you wish to view. -4- Board of Commissioners Meetin, 12101 2004 4-3-5 Step 3 -Audit the Documents A successful search should resemble the image below. Pole Edit '+.~ies~ A~iiar~ TaoL l';indov: Help ti ~ ~~ ;-; Sear) X t~rlodieataon Date +td Find documents or folders modified heYa+.~een these dates. from Cl;C1;2CC8 to 113C:'2CCu v -Search Reset. ~d: 7«-Y ra:_ume; ~t;s, 0 f7it;s., Fd anie OCR'ed Pages Path ^ . ° .. ................................................................................................................................................................ :~.: [-uRCHER, CHARLGTTE';-~ HUf*i.4hJ RESGURCE_ hdone ................................... , ~ndmiraisa'a~ ZiZZO, P•?EL.4FJIE ] -SHERIFFS ST,~.IdG,4RG5 hdone '•,4dministrai ZIZZG, Pv1EL4hdIE J -PARS hJnne '•,4dministr a1 ZIZZG, PviEL.4PdIE J - h1ISCELL.41'dEGUS !dune '•,vdministrai ZIZZO, h1ELA!'diE ] - HUPr1.4f•l RESOURCES hdcie 'ndminisiTai ZIZZO, P+gELAPJIE ] - GCI hJnne '•pdministrai ZIZZG, h1EL4hdIE J - CERTIFICATES hdone "~,4dminis#r'ai ZPZG, P+IELAPdIE J - APPRAYSALS PJone 'y4dminis!rai EPEGA, l1I6UEL R -SHERIFFS STAhdGARGS Plane 'y4dministral EPEG.4, l+tICUEL R - PARS hdone '•,4dminiskrai ZEPEGA, l-1IGUEL R -OATHS OF OFFICE hdone '•,4dministral EPEGA, MiIGUEL R - P+IISCELLAtlE0U5 hJnne '•ndministrai EPEG.4, !•iI6UEL R - P+1EP+dDS' PJane '•,4dmii ~istrai ZEPEGA, lvJIGUEL R - HLIl+1AhJ RESOURCES hdone '•,4dministral ZEPEGA, l1IGUEL R - CERTIFICATES plane '•,4dminisL a1 ZEARFGSS, CHARLES a -SHERIFF'S ST.4f^1C~.4, •. Plane °~.4dministral ZEARFOSS, CHARLES C' -PARS Pdone '~,4dministral ZE.4RF0S5, CHARLES D -PARS Plane '~ndministrai ZEARFO :_, CH.4RLE G - 0.4TH5 GF GFFICE Plane '~r+dministrai ZEARFGSS, CHAR! ES G - P•tEGdCAL plane '•,4dminishai ZEARFOSS, CHARLES C - l~tEGICAL !^Jane '•,4dministral ZE.4RFG55, CHARLES G - LEi fERS OF CGE~V•3E.. • hdone ..,'~HR'•Ann~ ZEARFOSS, CHARLES G - HUh"1.41°! RESGURCES hdone '~ndministrai ZE,4RF0S5, CHARLES G - HUf•lAhd RESOURCES P+Jane '•,4dmir~istral ZEARFGSS, CHARLES G - CERTIFIG4TE5 Some '~,4dministrai v 3 Once you have retrieved the list of documents, you can sort on any of the column headings you see in your window. See detailed instructions on this process at the end of this document. To begin the document review, double click the document you want to audit and it will open in the document viewer. There are 3 core panels you can view in the document viewer: Image, Thumbnail, and Metadata. Each is useful in the audit. First, quickly review the Metadata -these are the indexes attached to the document and should be accurate since they are the primary way to retrieve the record from the Laserfiche system. Second, review the thumbnails of the images to determine if there are pages of questionable quality. If a thumbnail looks concerning, double-click that thumbnail and the image will be displayed in the image pane. -5- Board of Commissioners Meetin, 12101 2004 4-3-6 Finally, if there is concern that each page of a document needs to be reviewed, you can go page by page through the document. It is recommended to do this if you are reviewing documents created by new scanner operators, or if there is a pattern of concern around the integrity of the documents. File Edit 'e*ie~.~? Toois 'a'lindo: Help `; f~Yetnd?t~ ,o x Template: Sheriff HR EMP IG 55 T1~,;r2_nai!s ,D X .__e~ . . _~ .~ ~-~ .. __ - LAST hJAh9E ZEa4RF055 FIRST hJAME CHr.RLES _,~w NIGGLE o ~ -~_-_ CATEGORY HLIh1,~hJ F.ESOIJRCES STATUS ACTI4'E _: ~~.a- 2 ? ^_^~ I ,- :-- a ! 1i ~~~-: ~ _'~~ a If the document passes the audit, you can close the document and move on to the next one in the list you wish to review and repeat the process. -6- Board of Commissioners Meetin, 12101 2004 4-3-7 Basic LaseFiche Functionality: 1. There are several annotation tools that can be used when viewing documents in La~s-e~rFiche. ,,~~ 2. Bellow is a key describing the function of each annotation tool. Hand Tool: This tool allows you to grab a zoomed in region of the ~~ ~ document and slid it so you can view areas that are currently not visible. Magnifier Tool: This tool allows you to zoom in and out on the document currently being viewed. ~ ~ Sticky Note Tool: This tool allows you to add a sticky note to `,~ documents. Sticky notes are text annotations that can be entered by the user. Remember the text of a sticky note can be searched. Highlighter Tool: This tool allows you to highlight areas of the document you wish to draw attention too. Redaction Tool: This tool allows you to cover areas of the document that can not be viewed by others. Security Note: Redactions must be added by users with higher security settings than those viewing documents for redactions to appear solid. ,,,~~ ~ Page Scroll Tool: This tool allows you to change pages by clicking on ~- each arrow to move in the direction you wish to scroll ~ Rotate Tool: This tool allows you to rotate your document to the ~~~ _ ~; correction orientation. The rotation will be retained each time you L open the document. View Image Button: This Button turns on and off the main image a--, viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. -7- Board of Commissioners Meetin, 12101 2004 4-3-8 Basic LaseFiche Functionality (Cont'd): View Text Button: This Button turns on and off the "OCR" text viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. View Index Fields Button: This Button turns on and off the index viewing window. This button is a toggle button. Click once to turn off click again to turn the view back on. View Thumbnails Button: This Button turns on and off the thumbnail 0®0 viewing window. This button is a toggle button. Click once to turn off 00© click again to turn the view back on. Rubber Stamp Tool: This tool will place a stamp on your document. The stamp can place any BMP file (Within a specific size) on your document. Select a stamp: Stamp Name Type Denied Pu61ic Add... Rename Delete Select colur~, Apply Stamp Close Help 1. After selecting this tool and clicking on the document you will be presented with the stamps available to you 2. Select your stamp then click Apply Stamp 3. Now click your cursor on the document where you wish the stamp to be placed. Note: Rubber stamps must be added to the system by your system administrator. -8- Board of Commissioners Meetin, 12101 2004 4-3-9 Saving a Search The current search layout and criteria can be saved for future use. Although you are performing the same search, the search results may vary for the following reasons: • Documents and/or folders have been added or deleted from the repository. • The information or properties associated with a document or folder have changed since the original search was performed. Tip: One possible use for saving a particular search is to allow you to quickly perform similar searches. To save a search 1. In the search pane, configure the type of search that you would like to save. 2. Click ~ (Save) from the toolbar in the search pane. The Save Search dialog box will appear. 3. Perform one of the following: • If you would like to create a new saved search, select the Save as a New Search option. Type the name by which the search layout will be known. • If you would like to save over an existing saved search, select the Replace an Existing Search option. Select the saved search that you would like to overwrite from the list. 4. Click OK to save your search. Step 4 - Using Box Labels to Ensure Disposition Accuracy Boxes where documents will be stored, quality checked, and ultimately either retained or destroyed should all be properly labeled to ensure accuracy. When scanning starts, the box should be properly labeled to identify the records that are stored in it. During the QC process, the paper records should be reviewed against the images to ensure quality is acceptable. Then the box label should be updated to reflect the status of the records in that box. Once the documents have passed the QC process, the disposition of those records should be clearly marked on the label. Boxes to be destroyed should be stored separately from boxes to be retained for longer periods of time to protect against any accidental destruction. -9- Board of Commissioners Meetin, 12101 2004 4-3-]0 DEPARTMENT I START DATE END DATE Q C REVIEW: PASSED SIGNATURE FAIL DATE DISPOSITION: ~ STORE SIGNATURE SHRED DATE -10- Board of Commissioners Meetin, 12101 2004 4-3-11 This page intentionally left blank. NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 CONSENT ITEM: 5 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinance for Budget Amendment BRIEI' SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending Jule 30, 2009. 09-091 -Health RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordimmce for the budget amendment listed in the summary above. ATTACHMENTS: B/A 09-091 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12 01 2004 5-0 AGENDA: December 1, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-091 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-091 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Epidemiology Ex enditure: Decrease Increase Health/E idemiolo Su lies $3,000 Total 53,000 Revenue: Decrease Increase Health/E idemiolo Centers for Disease Control and Prevention Grant $3,000 Total 53,000 Section 2: Explanation The state, with a grant from the Centers for Disease Control and Prevention, has awarded the New Hanover County Health Department $3,000 to be used to purchase arefrigerator/freezer for vaccine storage. This additional storage equipment will ensure adequate and properly functioning facilities are available to safeguard state-supplied vaccines. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE TT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-091, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meetin 12 01 2004 5-1-1 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Robert G. Greer CONTACT(S): Bruce T. Shell SUBJECT: Consideration of Request by the New Hanover County Library Advisory Board BRIEF SUMMARY: The Library Advisory Board of New Hanover County requests that the large, unnamed meeting room at the Northeast Library be named the David M. Paynter Room. Mr. Paynter is the recently retired Library Director. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider request. ATTACHMENTS: Libr~uy Advisory Board Request COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider request. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12101 2004 -0 LINTY. G~ t ~O .~`"~ ~ ~y 9 o ~2 i i ~ q• fj T~BLISry4l~ \~ NEW HANOVER COUNTY L.! i ` r i ~ , IJ~' ~~'~ OCT 3 0 2;;08 { ~ + r~Ew t+n~;wE~R eo BD OF COM~~l551ONFRS PUBLIC LIBRARY 20] CHESTNUT STREET NORTH CAROLINA 28401-3942 TELEPHONE (910) 798-630 October 29, 2008 Mr. Robert G. Greer, Chairman New Hanover County Board of Commissioners 230 Government Center Drive Wilmington, North Carolina 28403 Dear Chairman Greer, The Library Advisory Board of New Hanover County requests that the large, unnamed meeting room at the Northeast Library be named the David M. Paynter room. As you know, Mr. Paynter recently retired from his job as Director of the New Hanover County Libraries after over twenty six (26} years of exemplary service. It is right and fitting that this room be named after Mr. Paynter in recognition of his contribution to both the library system and to the county. Both are better organizations because of his dedication and tireless work on behalf of all citizens of New Hanover County. Sincerely Yours, ~. ; ~. ~~ ~~;I Mary E. Hatcher, Chair New Hanover County Library Advisory Board Board of Commissioners Meetin 12101 2008 C-1-1 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant Co~ulty Manager and Franl<ie Roberts & Scott Redinger of L1NC, lnc. CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of LINO, Inc. Lease Agreement Amendment for the Property at 222 Division Drive, also Known as the Former County Jail Annex, Tax Parcel No. R04100-005-002-000 BRIEF SUMMARY: At its November 10, 2008 meeting, the Board directed that staff give public notice that it would consider a 30-year lease agreement amendment with ZINC, Inc, for the property at 222 Division Drive, the former county jail annex. Tax P~n-cel No. R04100-005-002-000. The proposed lease amendment extends the c~urent 10-year lease with two 10-year renewals at the option of the lessee to a stl-aight 30-ye~u lease. This amendment is requested by L1NC, lnc. so that it can sec~u-e a $310.436 loan from the Federal Home Loan Bank to aid with its renovations of the property. The 30 years would match the amortisation period of the loan. L1NC, hlc. has secured funding from the City of Wilmington ($550,000) and the North Carolina Housing Finance Agency ($500,000). Should the Board elect to honor L1NC, lnc.'s request, County staff recommends the following conditions, which are outlined in the attached lease amendment: - failrue to operate the property as transitional housing for recently released inmates released from custody of the state shall constitute a default; - lease property for $1 per ye~u ; - failure to satisfy all debt and other financial obligations by the lessee shall constitute default: ~md - County reserves the right to approve any sublease or lease assignment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider approving the lease amendment as presented. ATTACHMENTS: Lease Amendment Original Lease COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider lease amendment. COMMISSIONERS' ACTIONS: Board of Commissioners Meetin 12101 2004 7-0 Approved 3-2, Commissioners Greer and Davis voting in opposition. Board of Commissioners Meetin 12101 2004 7-0 New Hanover County Contract #07-0507B STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER LEASE AMENDMENT THIS LEASE AMENDMENT, made and entered into this day of 2008, by and between the County of New Hanover, LESSOR, hereinafter referred to as the "County"; and L1NC, INC., anon-profit corporation, hereinafter referred to as the "LESSEE"; WITNES SETH: WHEREAS, LESSEE leased the old "County Jail Annex" to provide training to and housing for persons re-entering the community from jail/prison, by a Lease Agreement dated June 26, 2007, as amended June 13, 2008; WHEREAS, such use contributes a public purpose consistent with General Statute 160A-279; and WHEREAS, the parties hereto have mutually agreed to the terms of this Lease Agreement as hereinafter set out; NOW, THEREFORE, in consideration of the premises and the promised and covenants contained in the terms and conditions heretofore set forth, the parties hereto amend the original Lease Agreement dated June 26, 2008, as follows. 1. Term. This Lease shall commence on the 1st day of October 2007 and unless sooner terminated or extended as hereinafter provided, shall exist and continue for a term of thirty (30) years to end at midnight on September 30, 2037. 2. Additional Conditions and Provisions. A. Failure of Lessee to operate the subject property as transitional housing for inmates recently released from the custody of the State shall constitute a default hereunder. B. Failure of Lessee to timely satisfy all debt and other financial obligations of Lessee shall constitute a default hereunder. C. Lessor reserves the right to approve any subleases or lease assignments, such approval not to be unreasonably withheld. 3. Description Clarified. Being the premises consisting of the structure known as the "Old Jail Annex," 222 Division Drive, Wilmington, NC, a 156 ft. by 200 ft. site, consisting of .72 acre, more or less, situated within secure fencing immediately surrounding the subject structure; said parcel constituting a portion of the County Farm Tract identified as Tax Parcel No. 804100- 005-002-000. Page 1 of 3 dm Board of Commissioners Meetin 12 01 2004 7-1-1 New Hanover County Contract #07-0507B 4. Ongoing Effect. Except as specifically above amended, the original lease dated June 26, 2007 shall remain unaltered and in full force and effect. IN TESTIMONY WHEREOF, the County and Lessee have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. NEW HANOVER COUNTY County Manager ATTEST Clerk to the Board LILAC, INC. (Corporate Seal) ATTEST Secretary This instrument has been pre- Audited in the manner required by Local Government Budget and Fiscal Control Act Approved as to form: County Finance Director County Attorney Page 2 of 3 President Board of Commissioners Meetin 12 01 2004 7-1-2 dm New Hanover County Contract #07-0507B NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Sheila Schult personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with is official seal and attested by herself as its Clerk. Witness my hand and official seal, this day of My commission expires: STATE OF NORTH CAROLINA COUNTY OF 2008. Notary Public I, a Notary Public of the State of North Carolina the and County aforesaid, certify that came before me this day and acknowledged that (s)he is the Secretary of L1NC, Inc., a North Carolina corporation, and as duly given as act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. Witness my hand and official seal, this day of 2008 Notary Public My commission expires: Page 3 of 3 dm Board of Commissioners Meetin 12 01 2004 7-1-3 ,\ New Hanover County Contract #07-0507 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this ~ day of t,~t, , 2007, by and between the County of New Hanover, LESSOR, hereinafter referred to as the "County"; and LINC, INC., anon-profit corporation, hereinafter referred to as the "LESSEE"; WITNESSETH: THAT WHEREAS, LESSEE desires to lease the old "County Jail Annex" to provide training to and housing for persons re-entering the community from jaillprison. WHEREAS, such use contributes a public purpose consistent with General Statute 160A-279; and WHEREAS, the parties hereto have mutually agreed to the terms of this Lease Agreement as hereinafter set out; NOW, THEREFORE, in consideration of the premises and the promised and covenants contained in the terms and conditions hereinafter set forth, the County does hereby rent, lease, and demise unto the Lessee for and during the term and under the terms and conditions hereinafter set forth, those premises and improvements with all rights, privileges and appurtenances thereto belonging, lying and being in the County of New Hanover, North Carolina, and more particularly described as follows: Being the premises consisting of the structure known as the "Old Jail Annex", 222 Division Drive Wilmington, NC, situated within secure fencing immediately surrounding the subject structure; said parcel constituting a portion of the County Farm Tract identified as Tax Parcel No. R04100-005-002-000. Board of Commissioners Meetins , ,~ ~ ~- ~'' ~ ~.° 12i01i200R ~ ~ ~;~ ~ ~ ya ~'4 7-2-1 TO HAVE AND TO HOLD, said property, together with all privileges and appurtenances thereto belonging, under the term and conditions hereinafter set forth, which the parties hereto agree faithfully to observe, keep and perform: 1. Term. This Lease shall commence on the 1St day of October, 2007 and unless sooner terminated or extended as hereinafter provided, shall exist and continue fior a term of ten (10) years to end at midnight on September 30, 2017. The subject property may be leased for a subsequent ten (10} year term upon written consent of the Lessor. 2. Rent. As rental for the premises heretofore describe, the Lessee agrees to pay the yearly sum of One ($1.00) Dollar. 3. Occupancy and Quiet Enjoyment. The County promises and agrees that the Lessee shall have quiet and peaceable possession and occupancy of the above leased premises in accordance with the schedule of occupancy set forth above and that the County shall not interfere with the Lessee's use and enjoyment of this premise. The County reserves the right to enter and inspect the premises upon reasonable notice to the Lessee. 4. Use. The Lessee will use the premises solely for the purpose of providing transitional housing for persons re-entering the community from incarceration and will not vary that use without the written consent of the County. 5. Assignment or Sub-Lease. The Lessee shall not assign this lease or sublet the leased premises or any part thereof, without the written consent of the County. 6. Insurance. The County will procure and maintain casualty hazard insurance on the building located on the premises. As between the County and the Lessee, any risk or loss of personal property placed by the Lessee in or upon the leased premises shall be the responsibility of the Lessee, regardless of the cause of such loss. 7. Personal Property and Improvements. Any additions, fixtures, which are improvements placed or made by the Lessee in or upon the Board of Commissioners Meetins 12101 '2008 7 2-2 leased premises, which are permanently affixed to the leased premises and which cannot be removed without unreasonable and irreparable damage to said premises, shall become the property of the County and remain upon the premises as a party thereof upon the termination of this lease. Ali other additions, fixtures, or improvements, to include trade fixtures, office furniture and equipment, and similar items, which can be removed without irreparable damage to the leased premises shall be and remain the property of the Lessee and may be removed from the leased premises by the Lessee upon the termination of this lease, provided that the Lessee shall bear the expense of any repairs to the leased premises for damages, other than fair wear and tear, caused by such removal. 8. Maintenance and Utilities. The Lessee shall be responsible for all maintenance and repair, of whatever nature required, including but not limited to yard maintenance, landscaping, foundation, external walls, and roof, and shall bear all the expenses of such maintenance and repair. The County may, at its election, provide in-house maintenance with the Lessee reimbursing the County for the cost of Labor and supplies. Such payment shall be made to the New Hanover County Finance Office upon receipt of invoice for said services. The Lessee shall be responsible for all utilities. The County is entitled to come on the subject property at reasonable times to conduct inspections pertaining to the status of maintenance being performed by tenants. 9. Alterations and Parti#ions. The Lessee may make reasonable alterations and partitions to the leased premises and on or within the building located on such premises to enhance their suitability far the uses contemplated in this lease agreement, provided that prior written approval of graphic plans for such alterations and partitions shall be obtained from the County. 10. (1) Termination. if the Lessee shall fail to pay any installment of rent when due and payable as heretofore provided or fail to perform Board of Commissioners Meetins 12101 '2008 7-2-3 any of the terms and conditions heretofore set forth and shall continue in such default for a period of ten {10) days after written notice of default, the County, at its option, may terminate this lease and take possession of the premises without prejudice to any other remedies provided by law. {2) If the County shall fail to perform any of the terms or conditions here#ofore set forth and shall continue in such default, for a period of ten (10}days after written notice of a default, the Lessee, at its option, may as its sole remedy terminate this lease and vacate the leased premises without further obligation to pay rent as heretofore provided from date of said termination. 11. Mdemnity. Lessee shall indemnify and hold Lessor, its agents and employees, harmless against any and all claims, demands, injuries or death or on account of property damages arising out of or relating to the work to be performed by Lessee hereunder, to the extent resulting from the negligence of or the willful act or omission of Lessee, its agents, employees, subcontractors, invitees and licensees. IN TESTIMONY WHEREOF, the County and Lessee have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. New Hanover County J. unty Manager ~~~~~ Clerk to the Board LINC, INC. {Corporate Seal} ~ ` President Board of Commissioners Meetins 12101 '2008 7 2-4 Attest: `~ - ~N Secreta This instrument has been pre- Audited in the manner required by the Local Government Budget and Fiscal Control Act unty Finance Director NORTH CAROLINA NEW HANOVER COUNTY Appr ved as to form: 0.,.~~.Q~-~. County Attorney 1, ~ ~-~ ~~ , a Notary Public of the State and Count afore id, certify that Sheila Schult personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with is official seal and attested by herself as its Clerk. Witness my hand and official seal, this o~~ay of ~, \`1`515511I11Ifflfiy,;~`~ 2007. ,,~~` 1 h Q. ''~®~. _ My Comm. ~ N tary PU ~C = Expifes - 312412011 My commission exp~,e~••.P~~~t~•~~,~ , '''%~ya~ovel ~ ,,,~ '~'uu+~nlluau151'S STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, _~C~itxri ~ ~ , ~} _ _, a Notary Public of the State of the and County aforesaid, certify that_Kr uZrJ :~ ~ACksoN ,came before me this day and acknowledged that (s)he is the Secretary of LILAC, Inc., a North Carolina corporation, and as duly given as act of the corporation, the foregoing instrument was signed in its name by its Board of Commissioners Meetins 12i01'200R 7 2-5 President, sealed with its corporate seal and attested by himlherself as its Secretary. Witness my hand and official seal, this /q "~ day of , 2007. ~. Notary Public My commission expires: • f~~ a ~~ a~7 Board of Commissioners Meetins 12i01'200R 7-2-6 1, _~ !\ 3 z' t ::lPt NEw xAlvov~x coin WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attontey June 28, 2007 L.LN.C., Inc. Attn: Frankie Roberts P.O. Box # 401 Wilmington, NC 28402 Re: New Hanover County Contract: # 07-0507 Dear Frankie Roberts, SHARON J. HUFFMAN Assistant County Attontey Enclosed please find for your files, the original duplicate of the above referenced contract. Thank you for your assistance with this matter. Sincerely, ~-~~,~ Becky Breen, Administrative Specialist Encl: BBlcb 230 Govetnmeut Center Drive -Suite # 125 - Wihnutgtou, NC 28443 Pltoue: 910-79$-7153 - lia~t: 910-798-7157 www.nhcgov.com Board of Commissioners Meetins 12i01'200R 7 2-7 New Hanover County Contract #07-0507 A STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER LEASE AMENDMENT THIS LEASE AMENDMENT, made and entered into this ~ day of 2008, by and between the County of New Hanover, LESSOR, inafter referred to as`the "County"; and L1NC, INC., anon-profit corporation, h reinafter referred to as the "LESSEE"; WITNESSETH: THAT WHEREAS, LESSEE leased the old "County Jail Annex" to provide training to and housing for persons re-entering the community From jaillprison, by a Lease Agreement dated June 26, 2007; WHEREAS, such use contributes a public purpose consistent with General Statute 1.60A-279; and WHEREAS, the parties hereto have mutually agreed to the terms of this Lease Agreement as hereinafter set out; NOW, THEREFORE, inconsideration of the premises and the promised and covenants contained in the terms and conditions heretofore set forth, the parties hereto amend the original Lease Agreement dated June 26, 2008, as follows. 1. Term. This Lease shall commence on the ls` day of October, 2007 and unless sooner terminated or extended as hereinafter provided, shall exist and continue for an original term often (10) years to end at midnight on September 30, 2017. The subject property may be leased far two subsequent ten (10} year terms upon 60 day written notification by Lessee to County indicating such renewal. 2. Ongoing Effect. Except as specifically above amended, the original lease dated June 26, 2007 shall remain unaltered and in full force and effect. IN TESTIMONY WHEREOF, the County and Lessee have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. ATTEST ~n Clerk to the Board New Hanover Count .-~- Coun y Manager Board of Commissioners Meetins 12i01'200R 7 2-8 New Hanover County Contract #07-0507 A f(`nrnnrata Caall ' ~ ~,~ to 1i~O$ County Finance Director NORTH CAROLINA NEW HANOVER COUNTY LILAC, INC. President Approved as to foam: 4~'` ~. C unty A orne I, ~ u ~a• ~,rDwcf ,,~~~tar~+~Public of the State and County aforesaid, certify that rsonally came before me this day and acknowledged that she is th r the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its n b~ts County Manager, sealed with is official seal and attested by herself as its~l rk. Witness my hand and off cial seal, this ~ aJ~day of ~[,U'1Q 2008. `,,,.~ `~g~®h a. C~~~ .~,,, No Publ' m .... ~~ act: ~aT ~mm. My commission exlaresa ~`y~~ ;tes~ - ~ 3~2RI2d~~ - ~''~~,,,, Hano~e~ ,,,~~~ «~1ll ftlnN11111\` Board of Commissioners Meetins 12i01'200R 7-2-9 This instrument has been pre- Audited in the manner required by Local Government Budget and Fiscal Control Act New Hanover County Contract #07-0507 A STATE OF NORTH CAROLINA COUNTY OF P~1t; - .~U~' p~, a Notary Fublic o the State of North Carolina the and County aforesaid, ce tify that ~'1 ~ 'F"S came before me this day and acknowledged that (s}he is the Secretary of L1NC, Inc., a North Carolina corporation, and as duly given as act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/llerself as its Secretary. Witness my hand and official seal, this day o (~.t'12~ 200$ My commission expires: Board of Commissioners Meetins 12101 '2008 7-2- 10 This page intentionally left blank. NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 REGULAR ITEM: 8 DEPARTMENT: Planning PRESENTER(S): Jane Daughtl~idge and Chris O'Keefe CONTACT(S): Jane Daughtridge and Chris O'Keefe SUB,lECT: Public Hearin Conditional Rezoning (Z-891, 11/08) -Request by Shanklin and Nichols, LLP for Atlantis Holdings and Others to Rezone Approximately 29 Acres in the Urban Land Classification South of St. Andrews Drive on the East Side of Carolina Beach Road from CD(B-1) and R-15 to CD(B-1) and CD(B-2) at Belle Meade Plaza (Current CD(B-1) was approved under Z-821 in December 2005. The change would allow a limited range of retail, office and residential uses and would add Movie Theater as an allowable use in the CD(B-2) portion of the project.) BRIEF SUMMARY: At its November 6, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning and the companion special use permit for this project Several people spoke on this issue. One person fi-om the public spoke in opposition to adding the movie theater use because of its potential impact on traffic at off- peak ho~us through the Johnson Farms neighborhood. Five people from the Belle Meade or Johnson Farms neighborhoods did not oppose the theater but expressed concerns for current traffic conditions, primarily speeding, along Pine Hollow Drive and asked for remedies to these pre-existing problems. As a result, the Pl~mning Board suggested additional conditions for off-site street improvements, which the applicant agreed to at the meeting. The conditions are as follows: Improve roundabouts in Belle Meade Plantation subdivision by inst~rlling raised, reflective devices to slow traffic. Install 3-way stop at the intersection of Pine Hollow Drive and Split Rail Drive in the Johnson F~n-ms subdivision. Stripe stand~u-d bike lanes along Pine Hollow Drive in the Johnson Farms subdivision. Improvements should meet NCDOT stand~uds so that fugue acceptance for maintenance will not be compromised. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION #1 Rezoning: Planning Board and Staff recommend approval. Motion to adopt a statement in accordance with NCGS 153A-341 finding that this request for zoning map amendment fi-om CD(B-1) and R-15 Residential to CD(B-2) and CD(B-1) Conditional Disti~ictsas described is: 1. Consistent with the purposes ~md intent of the Urban land classification and the associated land use policies adopted in the 2006 land use plum; 2. Reasonable and in the public interest to allow a movie theater and a limited range of B-1 uses as noted on site plan for the companion special use permit. ACTION # 2 Companion Special Use Permit: Planning Board recommends approval with conditions. Staff concurs. Board of Commissioners Meetin 12101 2008 8-0 Motion to Approve based on the findings of fact with conditions listed in the staff report. ATTACHMENTS: Z-891 Staff Summary Z-891 Petition Summary Z-891 Adjacent Property Map Z-891 Site Plan Z-891 Applicant Materials Z-891 Illustrations Public Submittal 1 Public Submittal 2 Applic~ult Approved and Proposed Site Plans COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The rezoning was approved 5-0. The conditional use permit was approved 5-0 with the fora conditions recommended. Board of Commissioners Meetin 12101 2004 8-0 CASE: Z-891, 11/08 PETITIONER: Shanklin & Nichols, PA for Atlantis Holdings, et al REQUEST: From R-15 to CD(B-1) for mixed neighborhood commercial use and from CD(B-1) to CD(B-2) to add movie theater use ACREAGE: Approximately 29 acres LOCATION: NE side Carolina Beach Road South of St. Andrews Dr. LAND CLASS: Urban PLANNING BOARD ACTION: At its November 6, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning and the companion special use permit for this project. Several people spoke on this issue. One person from the public spoke in opposition to adding the movie theater use because of its potential impact on traffic at off-peak hours through the Johnson Farms neighborhood. Five people from the Belle Meade or Johnson Farms neighborhoods did not oppose the theater but expressed concerns for current traffic conditions, primarily speeding, along Pine Hollow Drive and asked for remedies to these pre-existing problems. As a result, the Planning Board suggested additional conditions for off-site street improvements, which the applicant agreed to at the meeting. The conditions are as follows: 1. Improve roundabouts in Belle Meade Plantation subdivision by installing raised, reflective devices to slow traffic. 2. Insta113-way stop at the intersection of Pine Hollow Drive and Split Rail Drive in the Johnson Farms subdivision. 3. Stripe standard bike lanes along Pine Hollow Drive in the Johnson Farms subdivision. 4. Improvements should meet NCDOT standards so that future acceptance for maintenance will not be compromised. STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Urban on the 2006 CAMA Land Classification map. The property is accessed from Carolina Beach Road, an arterial roadway. Traffic counts in the area show about 15% increase in average daily traffic between 2004 and 2006. Carolina Beach Road has a 2007 LOS of E, meaning the road is operating at its design capacity. The property is located about a mile from the Monkey Junction commercial area. The northern boundary lies along the jurisdictional line with the City of Wilmington. Much of the surrounding area otherwise is zoned for residential use. Colonial Grande Apartments Board of Commissioners Meetin 12 01 2004 x-1-~ border the property inside the City jurisdiction. Belle Meade Plantation subdivision is developing to the north. A personal care/independent living facility has also been approved to the east. Southeast of the site remains scattered residential acreage, with Silver Lake Baptist Church being directly adjacent. Across Carolina Beach Road is the Silva Terra Subdivision, the Moose Lodge and County EMS facility. The project is in Barnard's Creek watershed drainage area which is classified C; Sw. The property is not within the 100 year flood zone. Soils are primarily Class II or III with limitations for septic systems, however, public water and sewer will serve this site. Land Use Plan Considerations: In 2005 under case number Z-821, a 24 acre site was zoned Conditional (B-1)for a neighborhood business mixed use proposal with about 290,500 sq. feet of space in 18 two-story buildings to be used for a limited range of office, retail and residential uses listed on the approved site plan. Movie theaters, hotel/motel, convenience stores and automobile service stations were expressly disallowed in the 2005 conditional district special use permit. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. This rezoning petition proposes three changes to the currently approved project: 1. Approximately 12 acres currently zoned CD(B-1) and extending southeasterly along Carolina Beach Road from St. Andrews Drive is proposed to be rezoned to CD(B-2) for the purpose of mixed use development that would include a movie theater. The remaining uses would be limited to the same B-1 list as currently approved. 2. Approximately 13 acres would remain zoned CD(B-1) including the original list of uses, but the site plan would be redesigned. 3. Approximately 4.5 acres currently zoned R-15 would be rezoned to CD(B-1) and would be added to the redesigned site plan noted above and subject to the same limited list of uses. The proposed changes would increase the acreage for this project but would reduce overall square footage of the currently approved development from 290,536 to 280,971 sq. ft. and the number of buildings from 18 to 15. No other change in the list of approved uses has been proposed by the applicant other than addition of a 2,626-seat movie theater. The 2005 approval required addition of collector streets with interconnectivity to Pine Hollow Drive and Saint Andrews Drive. This interconnectivity provides substantial circulation options for motorists accessing or exiting the shopping area. NCDOT required a traffic signal and additional improvements to satisfy congestion management for the 2005 proposal and most of those improvements have been installed. An updated TIA indicated that turn lanes will be required at the right-in/right-out driveway on Carolina Beach Rd. for the CD(B-2) portion and also internal turn lanes exiting the parking lots onto Matteo Drive. Board of Commissioners Meetin 12 01 2004 A-1-2 Several policies in the 2006 Land Use Plan support properly sited mixed use development that through design can lessen dependence on the automobile and reduce vehicle miles traveled on our roadways. The application did not provide an estimate of a future residential population. Proximate to Belle Meade, Johnson Farms and other residential communities would make this location favorable for reducing automobile trip demand. The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development at a density approaching 1,500 dwelling units per square mile...Mixed use, cluster and higher density development maybe appropriate in Urban areas. The project is located within the area under consideration for annexation by the city. No comments have been received from the City at this time. The NC General Statutes Chapter 153A-341 notes that counties shall make regulations "with reasonable consideration to expansion and development of any cities within the county, so as to provide for their orderly growth and development." The subject property has signalized access to the US 421/Carolina Beach Road arterial and interconnectivity to public streets feeding into 17th Street Extension and S. College Road. New and existing development in this vicinity will be served by the goods and services proposed. For this reason, staff recommends approval. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from CD(B-1) and R-15 Residential to CD(B-2) and CD(B-1) Conditional Districts as described is (or is not): 1. Consistent with the purposes and intent of the Urban land classification and the associated land use policies adopted in the 20061and use plan; 2. Reasonable and in the public interest to allow a movie theater and a limited range of B-1 uses as noted on site plan for the companion special use permit. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove FD. Board of Commissioners Meetin 12 01 2004 A-1-3 C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. E. A traffic impact analysis was prepared for this proposal, indicating that the right in-right-out driveway for the CD(B-2) portion will require a turn lane, and internal turn lanes will need to be added exiting the parking lots onto Matteo Drive . F. New collector streets as shown on the site plan, and other congestion management improvements as required by NCDOT have been installed at the site. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Approximately 25 acres of the site is currently vacant land zoned CD(B-1) and the 4.5 acre proposed addition is residential land zoned R-15 . This request is made concurrent with conditional rezoning to CD(B-2) for 11.77 acres in order to add a 2,626-seat movie theater to the list of allowable uses, and CD(B-1) on the remaining 18 acres.. B. A table of allowed uses for each zoning portion has been included on the proposed site plan. C. Parking is proposed at 1,393, which exceeds the minimum requirements of the ordinance by 162 spaces. D. Community information meetings were held by the applicant for surrounding property interests on 4 occasions prior to the Planning Board meeting. E. Buffers will meet or exceed the requirements of the ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this proj ect will decrease property values of adjacent parcels. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development and redevelopment of exiting urban areas where urban services are in place or scheduled within the immediate future. B. The proposal is not inconsistent with the policies relating to mixed use developments in proximity to the populations they serve. STAFF COMMENTS: Staff feels these findings are positive and concurs with the additional conditions from the Planning Board. ACTION # 2 NEEDED: (Choose one) Board of Commissioners Meetin 12 01 2004 A-1-4 1. Motion to Approve based on the findings of fact (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Board of Commissioners Meetin 12 01 2004 A-1-5 Case: Z-891 (11/08) Petition Summary Data Owner/Petitioner: Shanklin & Nichols, LLP for Atlantis Holdings, et al Existing Land Use: Residential/vacant Zonin Hg istor~ December 5, 2005(Area 4; Masonboro; Area 9B) Land Classification: Urban Water Tyke: Public Sewer Type: Public Recreation Area: Arrowhead Park Access & Traffic Volume: Carolina Beach Road. LOS-E; 2004 ADT= 35,447 compared to 2006 ADT 40,858 (+15%) Fire District: Myrtle Grove FD Watershed & Water Quality Classification: Barnard's Creek Watershed; C, Sw Aquifer Rechar eg Area: Primary or Secondary recharge of the principal aquifers Conservation/Historic/Archaeological Resources: None Soils: Be-Baymeade fine sand; Se-Seagate fine sand; Ly- Lynn Haven fine sand Septic Suitability: Class II -moderate limitations; Class III severe limitations Schools: Pine Valley Elementary Board of Commissioners Meetin 12101 2004 A-2-1 Rld N r 1SOd r` ~ f I I C N V m ~. 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(l/y~ (l/y~ (l/y~ flJy~ > > ~ ~ Q yW ~2 ~2 ~2 ~2 ~2 ~2 J F F F F F H F F F W~~ J J J~ a O O~~~~ ~ a~ Y Y Y Y J J~ O F? J J J J J J m m m ~ ~ ~ o~>> 4 4 4 4 4 J z u l f n u l v l u l u l v l c n u l v l~~~~~~ ~rvi., ..- a~ ~ ~ r ~~~. i v i -- ~, ,. _ b ~ onrc of C onuui~s~ol ers ~-leetina /~ ~~SS~~f ~ ~,~V ~ ~ ~~~ 1~ 0 8 ~~ ~ ~ bg\ , I ~~~ '~ R-3 ~I APPLICANT MATERIALS Board of Commissioners Meetin 12 01 2004 A-5-1 EXHIBIT "$" TO PETITION FOR CONDITIONAL USE ZONING DISTRICT CLASSIFICATION PETITIONER: Atlantis Holdings, LLC (hereinafter referred to as the "Applicant"} AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLTN & NICHOLS, LLP DATE: October 9, 2008 PROPERTY: 29.36 acres, Carolina Beach Road Wilmington, N.C. New Hanover County (hereinafter referred to as the "Subject Property"} A. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING How would the re nested than a be consistent with the Coun 's Policies or Growth and Development? The subject properly is composed of approximately 29.36 acres of total developable area. In December of 2005, part of the Subject Property was rezoned to CD(B-l}. Allowing the proposed CD(B-1} and CD{B-2} rezoning request would be consistent with the County's objectives for commercial growth, job creation, enhancement and diversif cation of the County's tax base, and providing convenient goods, services and entertainment options to citizens. The subject property is ideally located for the proposed movie theater planned for the development, which will be a great asset to the southern part of New Hanover County. The proposed rezoning is consistent with and supported by the County's CAMA Land Use Plan, including the following provisions: Land Use and Urban Design Policy 4.3 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Board of Commissioners Meetin 12 01 2004 x-s-2 Urban Desi nand Character Mixed-Use Development Policv 5.1 Promote mixed use development outside of sensitive areas within the urban services area and higher density mixed use in redevelopment projects in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space, and reduce dependence on the automobile. Design and Regulation: Policy_5,,,~2 Encourage innovative development strategies while providing flexible design guidelines that enhance the aesthetics and minimize adverse environmental impacts of the built environment. Polic~5,~3 Adopt specific performance criteria -including connectivity, transit facilities, anal pedestrian and bike facilities -for new development and redevelopment that promote efficient transport of goods and services and provide alternatives to the automobile. Trans ortation Polic~6.5 Require street connectivity and prohibit cul-de-sacs that impede connectivity thxough better collector street planning. 2. How would the re nested zone chap a be consistent with the ro er 's classification on the Land Classi rcation Ma ? The Property's classification on the Land Classification Map is "Urban." The Land Use Plan provides: The purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Most of the land within the City of Wilmington is designated as Urban, except for some land designated as Transition, Conservation, or Resource Protection within the estuarine watershed areas. Development may exceed the 25 percent impervious surface area limit and density limits of 2.S units per acre within the Urban class, depending upon local zoning regulations. Mixed use, cluster and higher density development maybe appropriate within Urban areas. Board of Commiss~ ners Meetin, 12101 2008 x-s-~ The proposed CD rezoning and site plan revisions are consistent with the foregoing goals and policies. 3. What_si~nificant neighborhood changes have occurred to make the ori~i ~nappropriaea or n~ the_exist~ng , ,,,,,,.._ zoning? for the As indicated above, the County Commissioners approved the CD(B-1j rezoning for the subject property in December 2005. The proposed CD(B-2j rezoning will allow for the addition of a movie theater use to the site plan and greatly enhance the plan of development. The proposed theater will serve as a focal point and key attraction of the development. The proposed theater will complement the surrounding restaurants and shops and provide area residents with a very high quality, first-rate movie/entertainment option. 4. List ro osed conditions and restrictions that would miti ate the im acts of the proposed use. Conditions and restrictions were previously imposed upon the current site plan approval and CD rezoning approval Additional conditions and restrictions may be developed as this application is processed by the County Planning Department and reviewed by the Planning Board and Board of County Commissioners. B. General Requirement #1 WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." Statement by Applicant: As stated above, in December of 2005 the County Commissioners rezoned the Subject Property from R-1S to CD(B-lj. The proposed revisions to the current approved site plan and Conditional District rezoning will enhance this development anal will not endanger the public health or safety. General Requirement #2 The Board must f nd "that the use meets all required conditions and specifications" of the Zoning Ordinance. Board of Commiss3 ners Meetin 12101 2008 A-5-4 Statement by Applicant: The proposed rezoning meets all requirements and specifications under the Zoning Ordinance for the proposed uses, which are set forth on the site plan. The proposed CD rezoning will limit development on the subject property to the specific site plan. Any minor changes to the site plan will require County Staff approval. Any major changes to the site plan will require a full review, Public Hearing and approval process through the New Hanover County Planning Board and the Board of County Commissioners. urrement #3 __eneral ~q. ,,,~ , ,,...-_ The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant The addition of the movie theater use to the existing approved plan of development will enhance the site plan and will not substantially injure the value of adjoining or abutting property. In fact, the proposed rezoning and site plan amendments will provide goods and services in close proximity to area residents and enhance the shopping and entertainment options for the residents in this area of the County. General Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development far New Hanauer County." Statement by Applicant: Please see response given above under General Requirement #1. Board of Commissi4oners Meetin, 12101 2004 x-s-s ~~:~ ~ a f REP®RT OF FIRST C®MMi1NITY MEETING OWNER: ATLANTIS HOLDINGS, LLC DEVELOPER/ PETITIONER: AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: October 14, 2008 PROPERTY: 29.36 acres, Carolina Beach Road New Hanover County, North Carolina PROJECT NAME: BELLE MEADE CENTRE Pursuant to Section 111-2.1 of the New Hanover County Zoning Ordinance, a community meeting was held on Wednesday, October 8, 2008 from 7:00 p.m. until 9:00 p.m. at the Wilmington Moose Family Center located at 4610 Carolina Beach Road. A copy of a sample letter mailed on September 29, 2008 to adjacent property owners within 100 feet, to alI residents on Pine Hollow Drive and the first 10 houses on both sides of Split Rail Drive is enclosed and marked as Exhibit "A." Over 11 S letters were mailed via f rst class mail regarding this meeting and a second community meeting to be held on Monday, October 20, 2008 at the same location and at the same time. A list of the invited guests is attached hereto as Exhibit "B." There were 21 people in attendance at this meeting in addition to Kenneth A. Shanklin, Matthew A. Nichols, Attorneys, and Pamela C. Craig, Paralegal, of Shanklin & Nichols, LLP; Matthew DiGioia, Developer; and Nick Liguori, Traffic engineer with Jahn Davenport Engineering {Greensboro, N.C.}. Copies of the sign-in sheets from this meeting are also enclosed and marked as Exhibit "C." This meeting was open to the public. All persons listed on the County Planning's "Sunshine" list (pursuant to the "Sunshine Law"} were notified of this meeting via e-mail as well. At the meeting, Mr. DiGioia explained the application that he intended to file requesting a change of zoning from CD(B-1) and R-15 to CD{B-1) and CD{B-2). This Application was fzled on Dctober 9, 2008. Mr. DiGioia explained that the B-2 portion would be for a 14-plex movie theater to be developed by Stone Theatres, a first class movie theatre developer. Also, Mr. DzGioia referenced the list of uses on the site plan that would be used in the B-1 and B-2 areas as limited by the conditional use district and the special use permit that required the approval of the County Commissioners. The main issues Board of Commissioners Meetin 12 01 2004 x-s-~ discussed were traffic impacts on Pine Hollow Road and other neighboring roads. The neighbors in attendance expressed their concerns with "speeding" on Pine Hollow Drive and asked if they could get help with this problem. Mr. DiGioia agreed to meet with them at any reasonable time and place to discuss possible solutions or traffic calming ideas that may help their traffic situation. There were neighbors present at the meeting from the Johnson Farms, Cambridge Heights and Belle Meade Plantation neighborhoods and they agreed that they should meet to discuss the speeding issue. Overall, the neighbors expressed support for the project, including the theatre, but would like assistance with the speeding problem on Pine Hollow Drive. The "speeding" issue stems from the inability of the Sheriff's Department to "ticket" speeders on a private road. A second community meeting will be held on Monday, October 20, 2008 at the Wilmington Moose Family Center from 7:00 p.m. until 9:00 p.m. Please note that two community meetings were held in September, an the 20`t' and 23`d regarding the Petitioner's previous application, which has been withdrawn. These meetings were also held at the Wilmington Moose Family Center. The Petitioner has had a total of three meetings with one more meeting scheduled for Monday, October 20, 2008. _2_ Board of Commissioners Meetin, 12101 2004 x-s-~ Board of Conuuissioners ~-leetina 1?'01 ?OOR 8-6-1 iS-(~-~ r~ W ~ (ice} (~j ~ Ri O ~.~ ~tiJ d 2~~ F~ a~ e a ~~ r--I ~~ W >` a~ ~ ~ N o .::,1 ~ ~::. ~::; 1''.Tla . -~ g ~~ N~ N n z F r~ V A ~ O w 4 A u o w ~ ~a~ ~~w AFB ~A4 ~ w U o~ o~ ~s ~~ ~~~ b~ ~~ ~ ~ .3 ~~ ~~ v~ of Board ~f Conuui: sionen 1~leetina 1?'01 ?OOR 8-7-1 Pe~i~ion for redueed speed lirni~ of 201VIPI~ om Pine ~-Ioiiow Drive I~1ew Hanover C©unty, NC The Residents of the neighborhoods including Johnson Farms, Cambridge Heights and Belle Meade plantation hereby petition the State of North Carolina Department of Highways and the New Hanover County Sheriffs Department, to establish, enforce and post speed limit signs of 20 miles per hour {MPH} max, on the road known as Pine Hollow Drive, in New Hanover County. This includes the entire length of the existing roadway and new extension presently udder construction connecting to Carolina Beach road and St Andrews road. According to North Carolina Dept. of Transportation Div of Highways Traffic Engineering and Safety Branch statute "5-34 -The Speed Limit- 25 MPH in Subdivisions and Short Dead End Roads" applies to Pine Hollow and the adjacent subdivisions. Pine Hollow Drive consists of residential homes with part of the existing road without sidewalks and the newly constructed area known as Belle Meade Plantation and Belle Meade Center with island medians and round-a-bouts. The restricted width of the roadway, including roundabouts and turns are the. only such State maintained roadway neighborhood in New Hanover County and therefore require a reduced speed limit below that required in 5-34. We the undersigned ask that action to post and enforce the new speed Iimit of 20 MPH go into effect as soon as possible. ~~~Z -~,~n ~- L 7F~ l~1 G n-~ ~ ~.r M r r~ Q Tl I ~ } ,~ ?2 N~ Board of Commissioners Meetin 12 01 2004 x_ 111 ~ ~.JY r~ ~'YE~~A% c~- ~~u+~711fZ~ SPx,vut.~ _`4~~..~3 ~=1`rtl~ J,1uL~.e~w ~~ Petition for reduced speed Iinait of 20 N[PH on Pine Hollow ]Drive New Hanover County, NC The Residents of the neighborhoods including Johnson Farms, Cambridge Heights and Belle Meade plantation hereby petition the State of North Carolina Department of Highways and the New Hanover County Sheriffs Department, to establish, enforce and post speed Iimit signs of 20 miles per hour {MPH} max, on the road known as Pine Hollow Drive, in New Hanover County. This includes the entire length of the existing roadway and new extension presently under construction connecting to Carolina Beach road and St Andrews road. According to North Carolina Dept. of Transportation Div of Highways Traffic Engineei7ng and Safety Branch statute "5-34 -The Speed Limit- 25 MPH in Subdivisions and Short Dead End Roads" applies to Pine Hollow and the adjacent subdivisions. Pine Hollow Drive consists of residential homes with part of the existing road without sidewalks and the newly constructed area known as Belle Meade PIantation and Belle Meade Center with island medians and round-a-bouts. The restricted width of the roadway, including roundabouts and turns are the only such State maintained roadway neighborhood in New Hanover County and therefore require a reduced speed Iimit below that required in 5-34. We the undersigned ask that action to post and enforce the new speed Iimit of 20 MPH go into effect as soon as passible. Name Address ~ c. ~ ~~ ~ ~~ ~ 011 G r~ ~ , ~-~ ~ t ~ ~r~~ ~~~ ~u~ ~ ~ . ~~ ~ ~..~ ;~-~~`~t~ ~ ~ ~ M ~ ~~'l iV1 ~ ~ 5 ~ C~ ALL 1-~.. 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Board oY ConunlPBionelS Meefvg 11/O1r2003 g_y-i NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 REGULAR ITEM: 9 DEPARTMENT: Planning PRESENTER(S): Jane Daughtl~idge and Chris O'Keefe CONTACT(S): Jane Daughtridge and Chris O'Keefe SUB,lECT: Public Hearin Modification of Special Use Permit (S-531M, 11/08) -Request by New Hanover County Schools to Modify a Special Use Permit for Child Daycare Center at 4905 S. College Road to Increase the Allowable Number of Children from 100 to 144 BRIEF SUMMARY: In July of 2005 a special use permit was approved for The Hope Child Care and Development Center at this location, which had formerly been occupied by Chesterbrook Academy. Conditions were attached to the permit as follows: 1. The gate located at the rear of the dayc~n~e facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. The current NCDOT driveway permit will be revisited by DOT based on change of use. 4. The daycare facility will be limited to 100 children. 5. Lighting aro~md the dayc~u-e facility will not be intl-usive to adjoining property. The New Hanover County School System recently acquired the property and is continuing to operate the facility as a preschool dayc~n-e. The School system, however, has increased em-olLnent beyond the cun-ently approved 100 children. Also, the school system does not intend to construct or operate a family life center as indicated on the site plan, so the approved permit and the approved site plan are proposed to be amended. At its November 6, 2008 meeting, the Planning Board voted 6-0 to recommend approval, carrying over three of the prior conditions: 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the dayc~n-e facility will be 6 a.m. to 6 p.m. 3. Lighting around the dayc~u~e facility will not be intl-~isive to adjoining property. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION: Planning Board recommends approval with conditions. Staff concurs. Motion to Gr~mt the special use permit based on the findings of fact with recommended conditions as listed in the staff report. Board of Commissioners Meetin 12101 2004 9-0 ATTACHMENTS: 5-531M Staff Summary 5-531M Petition Summary 5-531 M Adjacent Property Map 5-531 Existing Order 5-531 Approved Site Plan 5-531 M Applicant Materials 5-531M Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meetin 12101 2004 9-0 SPECIAL USE PERMIT 5-531 M (6/05; 11/08): Modify Daycare permit from 100 to 144 Children; remove family life center from site plan. Request By: New Hanover County Schools Location: 4905 S. College Road History: In July of 2005 a special use permit was approved for The Hope Child Care and Development Center at this location, which had formerly been occupied by Chesterbrook Academy. Conditions were attached to the permit as follows: 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. The current NCDOT driveway permit will be revisited by DOT based on change of use. 4. The daycare facility will be limited to 100 children. 5. Lighting around the daycare facility will not be intrusive to adjoining property. The New Hanover County School System recently acquired the property and is continuing to operate the facility as a preschool daycare. The School system however has increased enrollment beyond the currently approved 100 children. Also, the school system does not intend to construct or operate a family life center as indicated on the site plan, so the approved permit and the approved site plan are proposed to be amended. Planning Board Action: At its November 6, 2008 meeting, the Planning Board voted 6-0 to recommend approval, carrying over 3 of the prior conditions: 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. Lighting around the daycare facility will not be intrusive to adjoining property. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property accesses S. College Road, an identified arterial through a single driveway. C. Level of Service on S. College Road is rated F meaning the traffic exceeds capacity. D. Traffic Impact Analysis is not required because peak hour traffic generation for the added students is below the 100 peak hour trip threshold for TIA. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The facility is an existing daycare. H. Total area of the site is 4.04 acres. 5-531 Modification Page 1 of 3 Board of Commissioners Meetin 12101 2004 9-1-1 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. The existing special use permit was issued in July 2005 for up to 100 children and includes several conditions. The school system has acquired the property and desires to continue a daycare use but wishes to increase allowed enrollment up to 144 students. The family life center originally shown on the approved site plan is no longer planned for the site. C. Off-street parking requirements meet or exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. D. The play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. E. The day care is licensed by the State of North Carolina. F. Pre-existing signage in excess of the standard allowable 2 sq. ft. is already in place at this site. G. All other local, state and federal requirements must be met. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County. The location has facilitated an operating daycare for several years. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Surrounding property is zoned R-15 C. An existing stormwater pond is located on site. Overall imperious area would be reduced by the elimination of the family life center from the permit. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Transition, which provides for future intensive urban development where necessary services are provided. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1 encourages designation of sufficient land area and suitable locations for the various land use types. Growth in our area has increased demand for child care services. Staff concurs with the Planning Board recommendations. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 5-531 Modification Page 2 of 3 Board of Commissioners Meetin 12101 2004 9-1-2 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. 5-531 Modification Page 3 of 3 Board of Commissioners Meetin 12101 2004 9-1-3 Case: 5-531M, (7/05; 11/08) Increase approved number of children from 100 to 144. Eliminate family life center. Petition Summary Data Owner/Petitioner: New Hanover County Schools Existing Land Use: Daycare in R-15 District Zonin Hg istor~ October 15, 1969 (Masonboro) Land Classification: Transition Water Tyke: Public Sewer Tyke: Public Recreation Area: Myrtle Grove Park Access & Traffic Volume: S. College Road ADT 38,590 (12/06) compared to Annual ADT 31,000 (2007) or -19%; 2007 LOS=F Fire District: Myrtle Grove Watershed & Water Quality Classification: Seabreeze (SA; HQW) Aquifer Rechar eg Area: Primary Recharge Area Conservation/Historic/Archaeologic Resources: None Soils: Leon and Murville Septic Suitability: Class III (Severe Limitations) Schools: Parsley Elementary Board of Commissioners Meetin 12101 2004 9-2-1 Ids r \ ~ N m ~ ~ M ~~~~ r ~ o ~ ~~ ~ J3T N M ~ / / ~ V -~i ~\ 1 NI m /\ ~ ~ ~ ~ ~ ~' o C UJ N }G}~1 VI !C A Q~ ~ ~ J 0 0 ~ ~ ~ d O~"=0'C ~ = ~ p itl O ~ a~ x o ~3 0 ~ ~ ~~z ~~~cc ~~ M ro~~ ~ ~ v ~ ro - ~ d- ~ Q N cn u~Q ~ N M ~ In lD I~ 00 00 T d ,~ \ J Z O ~ ~ N w = = Q ~ J Q Z U U ' J J \ y a Z 7 Q Q W La o oar==$ \_ ~j ~ m m= U U ~ ~~~~~~~°~~W \~ ¢JUUaoo~ L°w~~v}iaZaZZaa QYZ,u~m,u~,~YNO~~~ am~(~7zzv~v5i>>~ N~ mV O of Co mis: 1~ li: 9-3- N m COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Child Daycare iz~ a R-15 Residential Zoning District 5-531, 06/05 The County Commissioners far New Hanover County having held a public hearing an July 11, 2005, to consider Application Number 5-531 submitted by Hope Child Care & Development Center for a Special Use Permit to locate a daycare facility in an R 15 Residential District located at 490 South College Road and having heard all the evidence and arguments presented at the hearing, make the fallowing F1NDINGS OF FACT and draw the fallowing COI~TCLUSIONS: 1) The County Commissioners FIND AS A FACT that all of the specifzc requirements set forth in Section 72-2'7 of ~ the County Zoning Ordinance WILL be satisf ed if the property is developed in accordance with the plans submitted to the County Commissioners. 2) It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the f rst general requirement listed in the Ordinance; namely that the use will not materially endanger the public health ar safet~~ if located where proposed anal developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners mare the following FINDINGS OF FACT: A. The child daycare facility will be served by public water and sewer. 1 } The daycare is proposed to have approximately 100 children. 2} The existhlg facility will also house an elementary school and church. Elementary schools azld churches are permitted in R-15 Residential Districts. 3} Access to the site will be a single dri~~eway from South College Road. College road is classiczed as an arterial road on the County's Thoroughfare Classification Plan. 4) The site is located within the Myrtle Grave YFD. 5) Total area of the site is 4.04 acres. 1) It is the County Coinissianers' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specif cations. In support of this conclusion, the Com~nissianers znalce the fallowing FINDINGS OF FACT: 2} The site is located in a R-1~ Residential District. A child daycare facility is permitted by Special Use Permit. 3) A site plan has been submitted displaying the existing school (12,128 sq. ft.), and future family life center (14,048 sq. ft.). ~) E~:isting setbacl~s, buffeiyards, and parking will need to meet the County's Zoning Ordinance. Board of Commissioners Meetin 12101 2004 9-4-1 5} It is the County Con~xnissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting propertsr, or that the use is a public necessit~7. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 6} The sua-raundi3ig land use is R-15 Residential 7) An existing storm detention pond is located on the site. 8) It 3s the County Coman3sszOners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmo3ry with the axea in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the cornznissioners xnalce the following FINDINGS OF FACT: I} The 1999 Land Classification Plan identifies this area as Resource protection. This class provides for the preservation and protection of important natural, historic, scenic wildlife and recreational resources. ?) The primary land use adjoining the subject site area is residential with B-2 Highway Business and other institutional uses located nearby. 6. Therefore, because the County Commissioners conclude that all of the general and specif c conditions precedent to the issuance of a SPECIAL USE PERMT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A That the applicant shall fully comply with all of the specific require3xlents stated in floe Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by t his Special Use Permit sha11 be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state, and local laws. 2) The gate located at tl~le rear of the daycare facility and adjacent to Foxwood Lane Mill be utilized for emergency access purposes only. 3) Operating hours for the daycare facility will be from 5:00 a.m. to 5:00 p.zn. 4} The current NCDOT Driveway Penz~it will be revisited by DOT based on the change of use. 5) The daycare facility will be li3nited to 100 children. 5) Lighting around the da~rcare facility will not be intrusive to adjoining properly. Board of Commissioners Meetin 12101 2004 9-4-2 Ordered this 1 ith day of July, 2005. Robert G. Greer, Chairman Attest: Clerk To the Board Board of Commissioners Meetin 12101 2004 9-4-3 n d~, ~ ~ ~ w ~ ~ ~ ~ ~..r ~ ~ f . r a~r ~ ~ ra ~ n ~ ~ ~ ~ ~ ~ r ~ ~ 3 ni ~ ~i 1 u ~ 6i ~j I~r~.~ ~ ~ ~ ~ t~-~A ~ ~ x"15 P~F yp~ ~ 4 V f~ fra ' ~y f 1 ~ 7L i r.I ~ ~ ,r p ~ R. ~ ~ 4 ~ w ~ - , r ~ ~ .7 ~ ~i ~ ~ w Cy' r5 Wit. .r~" Y 9 ~ ~ ~ ~ i ~ ~ V r? 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A k o ~ ~ ® . r ~ ~ ~ r~ t ~ ~ c ~ ~ ~ o~ ~ v ~ ~ ~ ~ C,~ ~ 4 ~ ~ ; ra Q ~ n 1 - ~ C ~ C~ ~ 1 0 ~4 ~ ~ rn ~ 1 ff ii;lll1?d~~ ~ ~ iI .ail ,i. h y l I-. ~r~~~ ~ k_ a ' - ~ r . _ - ~ ~ ~ _ _ _ . ~ ~ ~ , c~~ ~ ~f N ~'y ~ _ ~ ~,j , "r` , ,r; tea ~ ~ ~ - ~ ~h ~rn~e~l it ~ l~nt~rd i?t' ['uuniM~ t'u~nm~~3~u~er~w w Y ''r w ,r, C~ _ ;,J I'l ~ s-I„ ~ ' h J - r' ~ 'y n d ~ f ~ 1 ~ ~ h~ ~ Ll~i (,17an~r~i~i~, lirr;~rd ~.c~mnri4~irrntr~ - P ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ ! y{ ~ ~ ~ ~ ~ l~. ~ ~ ~ x ESPPLICAIVT MATERIALS ro Board of Commissioners Meetin 12101 2004 9-6-1 REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi judicial public hearing. Complete petitions and al[ supplementary information must be accepted by the Planning Department twenty (20) working days before the Planning Board meeting to allow adequate time For processing and advertisement as required by the North Carolina Genera] Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning Department twenty {20} working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What Yon Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will .not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." The modification of Special lJse Permit #S513 will not materially endanger the Health and Public Safety as the school currently operates as a Pre-K Center. The current enrollment at the Pre-K Center is 138 students. The modification increases potential enrollment to a maximum of 144 students. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance". The modification meets all required Conditions and Specifications of the Zoning Ordinance. Page 2 of 3 Board of Commissioners Meetin 8UP Q7108 12101 2004 9-6-2 General Requirement #3 The Board must find "that the use will .not substantially injure the value of adjoining or abutting property or that the use is a public necessity." The modifications of the Spec~.al Use Permit will not injure the value of adjoining properties as it is currently operating as a Pre-K Center with a current enrollment of 138 students. General Requirement #4 The Board must find '`that the location and character of the use if developed according to the plan as subrnitked and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." With the modification of the Special Use Permit the location and character of the facility will be in harmony with the surrounding area. The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses {as applicable).1=1e/She should also demonstrate that the land would be used in a moaner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. If w~ ~ . CARMEN V. Gl(~LI,„„_ Signature of Petitioner and/or Property Owner Print Name Fage 3 of 3 Board of Commissioners Meetin ~~' 07/08 12 01 2004 9-6-3 Application for Special Use Permit New Hanover County Pre~School 4905 S, College Road Wilmington, NC SITE PLAN CHECK LIST: Tract Boundaries and total area; See Survey/Site Plan Zoning: R-1 S Proposed Use: Existing building now being used as a Pre-K Center. Special Use Permit required to increase enrollz~n.ent from 13 8 to 144 to achieve S Star Rating for a Day Care Center. Existing SUP limits that number for Day Care to 1 Q0. Development Schedule: NIA Traffic and Parking Plan: See Site P1an/Survey 100 Year Flood Plain: NIA Location and Sizing of Trees required to be protected: No new construction. Additional conditions and requirements, which represent greater restrictions.... 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" ~ ~ X ~ ~ ° k-~ ~ ~ ~ x I ~ ~ ~ ~ ~ ~ ~ o o ~ ~ ~ ~ ~ s~~ ~ . ~ "`~-x _ ~ z ~ ~ • ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ a ~ ~ ~ ~ ~ a ~ a ~ ~ ~ ~ °J ~ ~ ~ w ~ ~ ~ ~ ~ j ~ ~ m ~ ~ ~ ~ ~ ~ ~w ~ ~ ~ ~ ~ ~ a ~ ~I ~ w - w c3 1~ ~ U ~ ~j Lr} ~ 4 z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ G" ~ ~ a w F ~ ~ c~ x D ~ 8 ~ ~ ~ ~ a ~c cc J ~ ~ a a x I A i I 9 x i l 1 I ~ ~ ~ ~ ~ ~ ~ a ~ i ~ D ° a t~ ~ i ! ~ " I ~ ~ ~ i I i ~ i ~ ~ I K Board of Commissioners A4aating 121)12(18 NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston CONTACT(S): Shawn Ralston SUB,lECT: Public Hearin Castle Hayne Community Plan - A Plan for the Future Growth of the Castle Hayne Community BRIEF SUMMARY: In July 2007, the Board of Commissioners unanimously adopted a resolution decl~n-ing the Castle Hayne planning initiative a priority and directed Planning staff to work with the Castle Hayne community on this initiative. As a result, County staff and a task force of Castle Hayne community members and other interested parties worked together over the past year to create a draft plan. Citizen surveys and subcommittee groups identified issues and priorities for the community plan and recommendations for implementing the plan were formulated. Copies of the Castle Hayne Community Plan ~u-e available in the Board of Commissioners office and an executive summ~uy of the planning initiative is included with this agenda item. At its November 6, 2008 meeting, the Phmning Board voted unanimously to recommend acceptance and support for the Castle Hayne Plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to accept the plan as a guide for development within the Castle Hayne planning area. ATTACHMENTS: Executive Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Accepted the plan 5-0. Board of Commissioners Meetin 12 01 2004 10-0 F ~~i ;~ o `I i/> New Hanover County Planning Department Chris O'Keefe Planning Director New Hanover County Government Center 230 Government Center Drive, Suite 150 Wilmington, NC 28403 P 910.798.7165 F 910.798.7053 Executive Summary of the Castle Hayne Planning Initiative The residents that live within the Castle Hayne community cling to a rich history, a rural heritage, beautiful trees, an attractive riverfront and many more attributes that make this community ideal for its residents. Historically, the lack of water and sewer infrastructure in the area and the presence of some of the County's only rural zoning districts have made Castle Hayne less appealing to developers. However, this slow rate of growth is starting to change. With some of New Hanover County's largest remaining expanses of undeveloped land, developers are prospecting the Castle Hayne area for what remains of the County's dwindling developable land at an increasing rate. While most residents within the community realize that development will occur, they do not want to lose sight of the unique characteristics of their community that appeal to them most. Many have not embraced the idea of "change," however they do see the need for improvements and realize that development can bring this. Community members talk about the lack of jobs and lack of local income, and they fear that businesses will pass them by for other areas of New Hanover and Pender Counties. They want to see the aesthetics of their community improved, but they do not want to lose sight of the small community feel they have grown to cherish. With these conflicting points of view in mind, it quickly became apparent to the staff of the County Planning Department that a plan was needed for the long term growth of the Castle Hayne community. To formally promulgate this, in July 2007 the New Hanover County Board of Commissioners passed a resolution recognizing as a priority the need for the creation of a small area plan for the future growth of the Castle Hayne community. In order to create a plan that encompassed the ideas and concerns of the members of the community, it was important that planning staff engaged the residents of Castle Hayne. A community survey was mailed to land and property owners within the Castle Hayne study area in order to retrieve demographic information and find out what the residents of the community felt was most important to the current status and future growth of their community. To further discuss and identify issues that the residents found most important, planning staff held two public meetings for the community at large and requested that residents apply to a Castle Hayne task force. The resultant Castle Hayne task force was comprised of residents that represented different backgrounds and points of view within the community. Through numerous meetings and lengthy discussions with these residents, a plan began to take shape. The end result is a plan that encompasses the issues that were brought forward by the community and recommendations to address these issues as the community continues to grow. Board of Commissioners Meetin 12 01 2004 10-1-1 The Castle Hayne Plan is part of a larger effort to create area plans for the entire unincorporated portion of New Hanover County. This plan is the fifth to be created for unincorporated New Hanover County, and the first in over fifteen years. For New Hanover County, the Coastal Area Management Act (CAMA) Land Use Plan, which is updated every six years and sets forth goals, policies and strategies for meeting the long-term social, economic, environmental and land use needs of the County, is a guiding document for development in the entire County. To accompany the CAMA plan, small area plans (or community plans) are strategic planning documents for specific areas of the County. Both the CAMA Land Use Plan and community plans are part of a planning hierarchy which relies on citizens, dedicated staff, appointed and elected officials for implementation. Mutually supporting goals, objectives, policies and implementing actions contained in the CAMA Land Use Plan and this plan provide for optimum planning effectiveness and benefits for the residents of the Castle Hayne community. In particular, this plan reflects current and anticipated conditions in the Castle Hayne area and advances planning goals, objectives, policies, and implementation considerations to guide decision-making in the region in the future. Implementation of the goals, objectives and policies in this plan are defined by specific recommendations. The Plan will be used to guide various regulatory processes, including zoning, subdivision, and special use permit and rezoning reviews. Implementation strategies were divided into two categories: (1) recommendations that can be completed by 2012 or (2) recommendations that are either ongoing, or cannot be implemented prior to 2012. Several strategies in the plan are long term in nature and may not be implemented for 20 to 30 years. As needed, the plan maybe amended to reflect the emerging issues that inevitably will need to be reflected within this plan. In order to keep the plan current, County Planning staff must review the recommendations of the plan over time and make periodic adjustments based on budgetary considerations, emerging issues or to coordinate with unforeseen issues or needs. It is recommended that a report be generated with regard to the implementation of this plan on a four year cycle with the first report generated in 2013. It will be the responsibility of County Planning staff to assemble and distribute this report to the public, Planning Board and Commissioners. Board of Commissioners Meetin 12 01 2004 10-1-2 This page intentionally left blank. NEW HANOVER COUN 1 Y I30ARD OF COMMISSIONERS REQUEST FOR I30ARD ACTION MEETING DATE: December 1, 2008 ADDITIONAL ITEMS ITEM: 1 1 DEPARTMENT: County Manager PRESENTER(S): Warren Lee and Steve Pfaff CONTACT(S): Bruce T. Shell SUBJECT: Presentation of "StormReady Supporter" Designation BRIEI' SUMMARY: Hogg~n-d High School is the fn-st high school in the nation to be designated a "StormReady Supporter" by the National Weather Service. Nicholas Younghaus spearheaded the program at Hoggard. Warren Lee, Emergency Management Director of New Hanover County, and Steven Pfaff, Warning Coordination Meteorologist of the Wilmington, North Carolina office of the National Weather Service, will present the "StormReady Supporter" sign to Nicholas Younghaus. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: draft press release COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meetin 12 01 2004 11-0 DRAFT Contact: Marcie Katcher FOR IMMEDIATE RELEASE 631-244-0149 December XX, 2008 First High School in the Nation Becomes StormReady®Supporter Program to Expand Throughout North Carolina Steven Pfaff, warning coordination meteorologist of Wilmington, North Carolina, Weather Forecast Office recognized Hoggard High School as the nation's first high school to become a"StormReady® Supporter." This achievement is credited to the efforts of Nicholas Younghaus, a high school student who interned at the National Weather Service. Nicholas Younghaus has overcome the barrier of autism, using his passion to become a meteorologist and his belief in the importance of weather safety in saving lives and property to spearhead the StormReady® program at Hoggard High School. Nicholas is now trying to promote the principles and guidelines of the StormReady® program in other county high schools making the area an example for the rest of the country on severe weather safety and awareness in our school systems. "It is important for schools to become StormReady® Supporters since the program provides for a greater sense of awareness and a roadmap for creating a safer environment for our children," said Warren Lee, emergency management director of New Hanover County, who worked closely with Nicholas Younghaus during his internship at the National Weather Service. "When you have autism or any disability, you can be labeled by others and not given the opportunity to make a contribution. This shows what autistic students can do if they are given the chance," said Younghaus. "As my efforts continue I hope every high school in our county will be a StormReady supporter." NOAH understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources. Visit http://www.noaa.gov. -000- National Weather Service StormReady®: http://www.weather.gov/storm ready/ Board of Commissioners Meetin 12 01 2004 11-1-1