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Agenda 2009 03-02AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse Y. 24 North Third Street, Room 301 Wilmin ton, NC g r ,t~~ ~ TED DAVIS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ~ ~ y~ ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER ~ BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD I~ ~ ~ MARCH 2, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (The Reverend Richard G. Elliott, St. Andrew's On-the-Sound Episcopal Church) PLEDGE OF ALLEGIANCE (Vice-Chairman Jason R. Thompson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Second Reading: Approval of Renewal of Existing Ambulance Franchise for Convalescent Care 4. Approval of Solid Waste Franchise for East Coast Sanitation 5. Approval of NewBridge Bank Corporate Authorization Resolution 6. Approval of Acceptance of the 2008 Safer Grant 7. Approval to Submit Grassroots Arts Grant Application 8. Approval of Museum Re-Accreditation Materials 9. Approval of Board of Education Budget Amendment #5 10. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 6:10 p.m. 11. Consideration of NAACP 100th Anniversary Proclamation 6:15 p.m. 12. Presentation of a Plaque Recognizing Commissioner Greer for His 15 Years of Service on the Parks & Recreation Advisory Board 6:20 p.m. 13. Presentation of Capital Improvements Program by Cape Fear Public Utility Authority 6:35 p.m. 14. Discussion on Commissioner Participation in Budget Cuts 6:45 p.m. 15. Public Hearing Special Use Permit (5-13, 6/71; Modification Request 1/09) - Request by Shanklin & Nichols for Carolina Marina & Yacht Club (Tim Ward) for a Major Modification to an Existing Special Use Permit for a Commercial Marina in an R-15 Residential Zoning District at 1512 Burnett Road 7:45 p.m. 16. Consideration of Request for Proposals (RFP) for Solid Waste Management 8:25 p.m. 17. Consideration of a Resolution Requesting that New Hanover County be Added to Senate Bill 1597 - An Act to Authorize Development Incentives in Exchange for Reductions in Energy Consumption NON-AGENDA ITEMS (limit three minutes Board of Commissioners Meeting n2 ~m ~~nna V.I/VL.IL.VVI ADDITIONAL AGENDA ITEMS OF BUSINESS 8:35 p.m. 18. Consideration of a Resolution Regarding Extraterritorial Planning and Zoning within New Hanover County 8:40 p.m. 19. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:50 p.m. 20. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting n2 ~m ~~nna V.I/VL.IL.VVI NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Board of Equalization and Review meeting held on February 12, 2009 Agenda Review meeting held on February 12, 2009 Regular Session meeting held on February 16, 2009 Tax Increment Financing Work Session held on February 16, 2009 Solid Waste Work Session held on February 16, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of this road and requesting the Board to adopt a resolution in support of adding the road: Swartville Road in New Hanover County (Division File No.1140-N) to the state system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 2-0 ~~~a STATE ~F N~~tTH CAROLINA DEPAR ~F SP~RTATI~N BEVERLY EAVES PERDUE EUGENE A. C4NTI, JR. GOVEE[ZNNQR S$CRETARI~ February 9, 2409 ~ ~ r•, r, S ~ ~ Ms. Sheila Schutt, Clerk to the Board New Hanover County Board of Commissioners Z30 government Center Drive Suite 175 ~ ~ B ~ ~ 204 ` Wilmington, NC 2403 NEW ~~~~~d~~'ER C~. BD 0~ CO"~~"~~I~~~~)r'~rRS Subject: Proposed Addition to the State System of Highways Dear Ms. Schutt: This office is considering the addition of Swartville Road Div. File No. ~ 14U~ N} to the state system. After the Board's consideration please furnish this once with the current county resolution and official road names for our further handling. If we may be of further assistance, please call John Diaz at 914 Z5 ~ ~2~55. Sincerely, Anthony aw District Engineer AWE:jdd Attachments Board of Commissioners Meeting n~~rn~~nna V✓I V1L.IGr1VVI 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 3 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau Deputy County Attorney SUBJECT: Second Reading: Approval of Renewal of Existing Ambulance Franchise for Convalescent Care BRIEF SUMMARY: Coastline Care, Inc. has requested that their existing franchise be renewed for another six (6) years, to run through February 1, 2015. Pursuant to Section 20-51, the applicant has affirmed that all previously supplied information remains valid and correct, and has provided a confidential current financial statement. New Hanover Regional Medical Center, as the County Ambulance Services Administrator, has no objection to the renewal under the previous terms and conditions, for convalescent care only. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise renewal. The renewal was unanimously approved on the first reading on February 16, 2009. This is the second approval required for final franchise award. ATTACHMENTS: Franchise Docs COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 3-0 01l2~l20@9 12:21 ~.910275004~ G`~ASTL~NF PAGE 02f Coas~ine Care, Inc, 3~~ Bhipyard ~ivd, 1Nllmingto~, NC 2841 ~ January 27, ~DU~ Mr. Kemp Burpeau Deputy County Attorney for New Hanover County ~3 Government Place Drive quite 1~~ Vllilmin~ton! NC ~84D3 Dear ll~r. Burpe~u: Coastline Care, Inc,, a convalesr~nt arnbulan~ service, would like ~ formerly request that N~vr Hanover County and its commissioners renew the franchise agreement that was originally ~rant~! in January 20~~4 for another 5 year term, All information in New Hanover Code is the same as when previously applied, 1 have enclosed a copy of the ~tdinance Cran~n~ Franchise to Coastiin~ Care, Inc, signed 1n February of ~ ropy of the letter from Connie Batson, Re~ion~l ~p~cialist, hIC ~~MS recognizing Cotline Care, Inc as part of the New Hanover R~gion~l CMS Model Bystem, ale have enjoyed the wprkin~ relattvnships that we have developed over the past 5 y~a~ and we look forward #o continuing those and cultivating more in the future, Thank you f Or taking the tuna ~ speak with me this morning and if you need anything fu~her please do not hesitate to esk, ~incerely~ Beth ~ ~1r~c#ar of operations Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-1 ~1~~71~009 1~:~1 1910~~50~40 COASTLINE PAGE 0~l11 Q4~t/0~ 1:11 810 7~~ 773 1'fi~R EM3 ~ ~~z~~~i ~ ► ' " ' ' ~ ~~I ~~i~ ~~ae~y ~ ~ 9t ~ ~vf~1~~ Ntm~i ~78~4 F}~ ~~d-943 ~ ~4+ ~ ~ ~ ~V~ reed ~ ~ y~r a4~pl~o~a~ ~ , ~a ~Q~ ~ ~ ~i~ fro ~ ~s ~f ~ ~ " ~ ~a~. ~l ~ ~ ~ ~ ~p~aval ~f ~ ~ ' ~'oax~ ~il~ b~ i~p+au~ aina~ ~ ~pp~~. 1 ~a b~ve ~r q~, ~~aa~~c cwt at ~ ~ ~v ~ffic~. Si~oar, ' ~n~~ . , cs fir. ads~~ HBi ~ plant ~ ~ ~ t ~ FI~ ~ n ~ 1 al: Board of Commissioners Meeting Awe j9"'i-o =iirr'Ci rM^~7lYJ f~ lwf~ 31v1 2 J New Hanover County Contract #09-024$ STATE OF NGRTH CAROLINA ORDINANCE GRANTING FRANCHISE TO COASTLINE CARE, INC. COUNTY OF NEW HANOVER TO PROVIDE CONVALESCENT CARE AMBULANCE SERVICE ORIGINATING WITHIN NEW HANOVER COUNTY WITH AN IN-COUNTY DESTINATION THiS FRANCHISE AGREEMENT, made and entered into this the 1$th day of February, 2009, by and between New Hanover County, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County," and Coastline Care, Inc., a North Carolina corporation with its principal office in Duplin County, North Carolina, hereinafter called "Operator"; WITNESSETH: WHEREAS, Operator has applied for a franchise to provide Convalescent Ambulance transport services within New Hanover County; and WHEREAS, County is authorized to contract with a franchised ambulance operator for the above-described services; NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the consideration stated herein, the parties do hereby covenant and agree as follows; 1. Grant. Coastline Care, Inc. is hereby granted, from and after the effective date hereof, through the term of this Agreement, the right, privilege and franchise to provide Convalescent Ambulance services within New Hanover County subject to the terms and conditions of the New Hanover County Ambulance Service Ordinance and all present and future ordinances of New Hanover County relating thereto. 2. Term. This Franchise is granted for the term extending through February 1, 2015, provided that either party, at its option, may terminate the Franchise upon one hundred twenty X120} days written notice to the other party. 3. Tenritor .This Franchise shall apply to all of New Hanover County. 4. Renewal. This Franchise is renewable at the option of the Board of Commissioners of New Hanover County. 5. Non-Exclusive. The right herein granted shall be non-exclusive, and New Hanover County reserves the right to grant similar Franchises to any person or persons at any period during the present Franchise or any extension thereof. Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-3 New Hanover County Contract #~9-UZ48 6. New Hanover,Re~ional Medical Center, This Franchise is being granted by New Hanover County to Operator, and is limited to the Operator. This Franchise shall not be construed as creating any contractual arrangement between Operator and New Hanover Regional Medical Center, which is the only other existing ambulance franchisee in New Hanover County. This Franchise shall create no financial or contractual obligation upon New Hanover Regional Medical Center as to Operator, nor shall the Franchise create any obligation upon New Hanover Regional Medical Center to provide patients to Operator. 7. Standards. The standards far this Franchised ambulance service, its drivers and attendants, its vehicles and equipment, and its communications facilities shall, at all times during the term of this Franchise ar any extension hereof, comply with all of the laws, rules, regulations and requirements of the State of North Carolina and the requirements of the New Hanover County Ambulance Service Ordinance, all of the terms and conditions of which are herein incorporated by reference and made a part hereof, the same as if fully set forth herein. Operator shall also be subject to the Off ce of Emergency Medical Services Model System Standards, as administered by the System Administrator. 8. Insurance. Operator shall, at all times during the term of this Franchise and any extension thereof, maintain in full force and effect insurance coverage, issued by an insurance company licensed to do business in the State of North Carolina, sufficient to provide all the insurance necessary to meet the requirements of Section 2~-58 of the New Hanover County Ambulance Service Ordinance. 9. Retards. Operator shall keep and maintain all of the records required of the Operator by the New Hanover County Ambulance Service Ordinance and to permit the County to inspect Operator's records, premises and equipment at any time in order to ensure compliance with the New Hanover County Ambulance Service ordinance. 1 Rate and Charges, Operator shall submit a schedule of rates to New Hanover County for approval and shall not charge mare than the approved rates without specific approval by New Hanover County. 11. Acceptance of Franchise. This Franchise and the right, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, provided that within thirty ~3~} days after the date of the final passage of this ordinance, the Operator shall file with the Clerk to the Board of Commissioners its unconditional acceptance of this Franchise and promise to comply with and abide by all of its provisions, terms and conditions, and said acceptance to be in writing and in the form and executed in the manner as provided in this Franchise. 12. 4perator's_ Representation and Covenants,. The acceptance of this Franchise ordinance by Coastline Care, Inc. shall constitute representations and covenants by it that: Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-4 New Hanover County Contract #09-0~~$ a. It accepts and agrees to all the provisions of this ordinance and those instruments and documents incorporated herein by reference; b. It has examined all of the provisions of this and the New Hanover County Ambulance Service ordinance and waives any claim that any provisions hereof are unreasonable, arbitrary or void; c. rt recognizes the right of New Hanover County to make reasonable amendments to the Franchise ordinance or Franchise agreement during the term of this Franchise, provided that no such change shall compromise the ability of Coastline Care Inc., to perform satisfactorily its obligations or right under this ordinance. 7t further recognizes and agrees that New Hanover County shall in no way be bound to renew the Franchise at the end of the Franchise term; d. It acknowledges that its rights hereunder are subject to the police power of New Hanover County to adopt and enforce general ordinances necessary for the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by New Hanover County pursuant to such power. 13. Effective Date. This ordinance shall be in full force and effect from and aver its final adoption by the Board of Commissioners of New Hanover County, North Carolina. CsEAL~ NEW HAN~VER COUNTY ATTEST: Ted Davis, Jr., Chairman Board of Commissioners Clerk to the Board Board of Commissl`ors Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-5 New Hanover County Contract #o9-oZ48 ~CGRPGRATE SEAL] CGASTLINE CARE, INC., President ATTEST: Secretary This instrument has been pre- audited inthe manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney ~ ~ NGRTH CARaLrNA NE~V HANGVER CGUNTY I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that she is 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 Chairman, Ted Davis, Jr., sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2~~9. Notary Public ~ My commission expires: Board of Commissiers Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-6 New Hanover County Contract #090248 NORTH CAROLINA C RUNTY I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (she is Secretary of COASTLINE CARE, INC., a North Carolina corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its President, , sealed with its corporate seal, and attested by himlherself as its Secretary. WITNESS my hand and official seal, this day of , 2o0g. Notary Public My commission expires: Board of Commissiiers Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 3-1-7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 4 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Approval of Solid Waste Franchise for East Coast Sanitation BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The initial franchise period would run for seven years. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility. ATTACHMENTS: Franchise Agreement Franchise Docs COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 4-0 NEW HANOVER COUNTY CONTRACT # 09- NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2009, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and EAST COAST SANITATION, INC., a North Carolina corporation with its principal office located at ,hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G. S . 15 3 A-13 6, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys anon-exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of A reement. The initial term of this Franchise Ordinance and Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County-approved disposal sites. 3. Disposal at County-Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County-approved facilities. With regard to County-approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. Page 1 of 4 cb Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 4-1-1 4. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. It is understood by both parties that Sections 44-42 and 44-43 shall not be enforced so long as the County remains enjoined by the Unites States Court for Eastern District of North Carolina. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment such as to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, his or her agents and employees shall not be entitled to any County, and as such, Operator, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnit~To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Assignment, Contracting The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 10. Termination. The franchisee may terminate this franchise upon three hundred sixty- five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Section 44-43.5 of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. Page 2 of 4 cb Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 4-1-2 1 l.Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 12. Equal OpportunitX. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 13. Entire A reement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. NEW HANOVER COUNTY Ted Davis, Jr. Chairman, Board of Commissioners ATTEST: Clerk to the Board EAST COAST SANITATION, INC. President ATTEST: Secretary Page 3 of 4 cb Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 4-1-3 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that she is 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 Chairman, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2009. Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Secretary of East Coast Sanitation, Inc., and that by County duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested byhim/herself as its Secretary. WITNESS my hand and official seal, this day of , 2009. Notary Public My commission expires: Page 4 of 4 cb Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 4-1-4 _ ! ~ ~~~~1~~~~ 1609 Setter Lane Wilmington N.C: 28411 914=619-644$ 914-796-4467 Fax ecsanitation@bel lsouth.net February 10, 2009 New Hanover County Nxanager CIS Bruce Shell, Dear'Sir, I Matthew O'Connell am submitting for a franchisefor the collection of residential waste as a private hauler in the entire unincorporated county or sections of the county,' at the discretion of the county. The follo~ing are. the details outlined in Section 44-55 franchise required for. solid waste collections. 1. Matthew Connell is the president, and the business is an ~S} ..Corporation. 2. 2 Residential trucks.... 3. 5 employees initially with plans to hire additional as needed. 4. Matthew a' Connell previously had several years of service with A- I Sanitation and was the Operations Manager 1997-1999, as well as an employee of Republic Services and Disposal Express. 5. See attached statement from Certified Public Accountant. Sinc ely, Ma hew Connell y: 1609 Setter Lane Wilmington N.C. 28411. 9 i 4-614-640$ Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 4-2-1 Ja B Maread SPA P.A. 1508 Military Cutoff Road Suite 306 Wilmington ,North Carolina 28403 Phone: (910} 25b-252 Fax (910} 25b-5620 Email: jbmareadt@bize~.rr,com February 10, 2009 The Board of Commissioners New Hanover County, North Carolina Re: Matthew O'Connell 1 have been associated with Matthew O'Connell for several years. Mr. O'Connell has worked in the business on a day-to-day basis and learned all aspects of the business. VL~ith my knowledge and discussions with Mr. O'Connell, it is my opinion that financial resources are and will be available to make this a viable business venture. Sincerely Jay B Maready, CPA, P.A. North Carolina Pender County I, ~ , I ~ a Notary Public for said County and State, do hereby certify that , (Y1o~.r personally appeared before me this day and acknowl ed the due exe ution of the foregoing instrument. witness my hand and official seal, this the ~ day of , of X009. m~m ~4fficial Seal} ary Public My Commission expires Q , 20~. Mr~I+er o f A~rnran ~ndi6~tr o~ Crrti~ird ~~lir aa~~ntan~~ ,~~I~yr~~~ Carolina Atu+ciatiun o~Crrtr~rd P1~l~r p►rcol{flfan~~ Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 4-2-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 5 DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder CONTACT(S): Avril M. Pinder SUBJECT: Approval of NewBridge Bank Corporate Authorization Resolution BRIEF SUMMARY: NewBridge Bank Corporate Authorization Resolution is for a Certificate of Deposit purchased with NewBridge Bank. This resolution authorizes Avril M. Pinder, Finance Director and Barbara D. McClure, Assistant Finance Director as the authorized representatives and allows them the authority to execute all appropriate documents for this account. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Commissioners' approval of above NewBridge Bank Corporate Authorization Resolution. ATTACHMENTS: NewBridge Bank Corp Authorization Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 5-0 CORPORATE AUTHORIZATION RES~LUTI~N NewBridge Bank By. NEW HANOVER COUNTY P.Q. Box $67 230 GOVERNMENT CENTER UR STE 165 38 West First Avenue WILMINGTON NC 28403 Lexington, NC 27293-08G7 Referred to in this document as "Financial Institution" Referred to in this document as "Garporativn" 1, ,certify that 1 am Secretary {clerks of the above named corporation organized under the lags of NC ,Federal Employer I, D. Number 5 6- ~ ~ 0 0 3 2 4 ,engaged in business under the trade name cf NEW HANOVER COUNTY ,and that the resolutions on this document are a correct copy of the resolutions adapted at a meeting of the Board of Directors of the Corporation duly and properly called and held on Q3~(~~~~`2009 (dates, These resolutions appear in the minutes of this meeting and have not been rescinded yr modified. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position Signature Facsimile Signature. {if used9 A AVRIL PINDER ~e -ra X ,r , B, BARBARA MCCLURE ~ ~w ~ C. X X ~~w. D X X _ E. X X . F. X X 4:..~~~ POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before Packs t . r,. Following each power indicate the number of Agent signatures required to exercise the power,) . °ga' ~ Indicate A, B, C, Description of Power Indicate nun~bArw~' D, E, andlor F signatures rec~►~_ {11 Exercise all of the powers listed in this resolution, ~ -~-a~• A, $ (2M Open any deposit ar share account{sf in the name of the Corporation. Al B {3f Endorse checks and orders for the payment of money or otherwise withdraw ar transfer funds on deposit with this Financial institution. _ {41 Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory nvteG :,..,,®a.,~~ . F~ or other evidences of indebtedness. m {5y Endorse, assign, transfer, mortgage ar pledge bills receivable, warehouse receipts, bills of lading, stocks, . ~n.,~,e_ _ bands, real estate or other property now owned ar hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills 9 received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. . ~ . _ _ . {61 Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Bax in this Financial lnstitutian. {71 Other ~ ~ `''.w itil~a.~; E 44 T,r~ LIMITATIONS ON POWERS The following are the Corporation's express limitations an the powers granted under this resolution. a E>"FECT DN PREVIOUS RESOLUTIONS This resolution supersedes resolution dated . If not completed, all resolutions.remain~..c~ ~t.. CERTIFICATION OF AUTHORITY ~ ~ ~ I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and la~tif~~l aut~~~rit tc adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority "to~~~~~~ ~®v same. {Apply seal below where appropriate. ❑ If checked, the Corporation is anon-profit corporation. In Witness Whereof, I have subscribed my name to this document and, affix ...r.., .~-a`wa of the Corporation onQ~ 2 0 0 9 iae° Attest by One Other Officer Secretary 1985, 1997 Bankara 5yatom~, Inc,, St. Cloud. MN Form CA-1 1113198 ~ Board of Commissioners Meeting mf ~ F~ nM_"~'~~ n~ irn ~~nnn V-I/VL,IGVVy 5-1-1 . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 6 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall and Frank Meyer CONTACT(S): Donnie Hall and Frank Meyer SUBJECT: Approval of Acceptance of the 2008 Safer Grant BRIEF SUMMARY: The 2008 Staffing for Adequate Fire and Emergency Response (SAFER) Grant, awarded each year by FEMA, was created to provide funding directly to fire departments and volunteer firefighter interest organizations in order to help them increase the number of trained, "front-line" firefighters available in their communities. The submission of application for this grant was approved at the July 21, 2008 Board of County Commissioners meeting. This grant awarded includes: 1) $9,400 for a professionally designed and produced fire department marketing program designed to recruit motivated people to volunteer in the fire service. $4,600 for the design, production, and Year 1 marketing expenses $1,600 Year 2 marketing expenses $1,600 Year 3 marketing expenses $1,600 Year 4 marketin expenses $9,400 Total No matching funds are required. 2) $72,000 for an internship program with tuition reimbursement assistance for part-time volunteer positions for resident college interns. College students enrolled in a 4-year program would receive $2,000 /year ($1,000 per semester) and students enrolled in a 2-year program would receive $1,000 /year ($500 per semester) of tuition reimbursement. Depending on the mix of students, the interns who participate could fill up to 18 part-time slots. $18,000 Year 1 Tuition Reimbursement $18,000 Year 2 Tuition Reimbursement $18,000 Year 3 Tuition Reimbursement $18,000 Year 4 Tuition Reimbursement $72,000 Total No matching funds are required. 3) $731,680 to pay a portion of the salary and benefits for six (6) new additional full-time paid firefighter positions to bring two stations within compliance to meet NFPA and OSHA standards of a four person company. The grant provides a sliding scale portion of salary and benefits for the addition of six (6) paid firefighter positions over the next five years. Grant Award County Match $256,690 Year 1 Salary & Benefits $45,290 Year 1 FY 08/09 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 6-0 $227,650 Year 2 Salary & Benefits $82,504 Year 2 FY 09/10 $149,620 Year 3 Salary & Benefits $172,157 Year 3 FY 10/11 $ 97,720 Year 4 Salary & Benefits $236,144 Year 4 FY 11/12 $ 0 Year 5 Salary & Benefits $326,834 Year 5 FY 12/13 $731,680 Total $862,929 Total There is no requirement to continue funding these six (6) positions after the last year of the grant award. For FY08-09, $42,782 in grant funds will be budgeted. The $7,549 county match is already included in the current FY budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve acceptance of the 2008 Safer Grant and adopt ordinance for budget amendment 09-155. ATTACHMENTS: BA 09-155 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 6-0 AGENDA: March 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-155 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-155 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Fire Services Department: Fire Services /Fire Services Operations Ex enditure: Decrease Increase Fire Services 0 erations: Salaries $7,549 $37,513 Social Securit Taxes 2,870 Retirement -Local Government 1,834 Medical Insurance 8,013 Lon Term Disabilit Insurance 101 Total $7,549 $50,331 Revenue: Decrease Increase Fire Services 0 erations: SAFER Grant -Federal $42,782 Total $42,782 Section 2: Explanation To budget a Staffing for Adequate Fire and Emergency Response (SAFER) Grant, awarded by FEMA for $42,782 for FY08-09. The funds will be used to pay salaries and benefits for six (6) new firefighter paid positions to bring two stations within compliance to meet NFPA and OSHA standards of a four person company. The County Board of Commissioners approved application for this grant at the July 21, 2008 meeting. There is a $7,549 match requirement for FY08-09. The monies for the match will come from the existing FY08-09 budget (salaries). There is no requirement to continue funding these six (6) positions after the last year of the grant award. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-155, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 6-1-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 7 DEPARTMENT: Museum PRESENTER(S): Ruth Haas CONTACT(S): Ruth Haas SUBJECT: Approval to Submit Grassroots Arts Grant Application BRIEF SUMMARY: Cape Fear Museum requests to apply as the Designated County Partner for managing and subgranting funds allocated to New Hanover County for the North Carolina Grassroots Arts Grants. Cape Fear Museum (CFM) will partner with the Greater Wilmington Arts and Cultural Alliance (GWACA) to manage the Grassroots Arts funds distributed by the North Carolina Arts Council to New Hanover County. CFM will request the proposed amount of $57,971 with 80% to be further distributed as sub-grants to local 501(c)3 arts organizations whose applications meet review standards by an objective and representative committee of reviewers. Approximately 20% will be requested by CFM and GWACA to offset costs of administration and support defined program goals. Ruth Haas, Museum Director, will be the designated manager. She will work with NHC Finance to issue sub-grant checks and account for the grant in a final report. The grant does not require a County match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend County Commissioners approve application for funds. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 7-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 8 DEPARTMENT: Museum PRESENTER(S): Ruth Haas CONTACT(S): Ruth Haas SUBJECT: Approval of Museum Re-Accreditation Materials BRIEF SUMMARY: Cape Fear Museum is seeking re-accreditation from the American Association of Museums (AAM). The Museum was granted AAM Accreditation in 2000 and is required to be reviewed every ten years to assure standards are maintained. AAM is the only national organization that serves the entire scope of the museum community. AAM materials cite the words of a former museum director, "Accreditation realizes the dream of a visionary board, a dedicated staff, and a supportive community." This philosophy is embraced by the Cape Fear Museum of History & Science. Submitted for review and approval, and available in the County Manager's Office for review, are documents the Museum Boards and staff have developed and endorsed during a year of self-study. They include: Cape Fear Museum Strategic Vision with 2010 and Long Range Objectives Cape Fear Museum Statement of Governance Cape Fear Museum Code of Ethics Cape Fear Museum Collections Policy Cape Fear Museum Self-study Questionnaire Each of these documents requires approval by the NHC Board of Commissioners before submission to AAM for review by the Accreditation Commission. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the following documents for submission to the AAM Accreditation Commission: Cape Fear Museum Strategic Vision with 2010 and Long Range Objectives Cape Fear Museum Statement of Governance Cape Fear Museum Code of Ethics Cape Fear Museum Collections Policy Cape Fear Museum Self-study Questionnaire COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 8-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 9 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Approval of Board of Education Budget Amendment #5 BRIEF SUMMARY: The Board of Education Budget Amendment #5 records the State Lease of School Buses. No funds directly flow through the local Board of Education budget. The entry on the Board of Education books is necessary since the State cannot directly enter into the Lease for the Buses. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education Budget Amendment #5 passed by the Board of Education on February 3, 2009. ATTACHMENTS: Board of Education Budget Amendment #5 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 9-0 Budget Amendment #5 New Hanover County Administrative Unit Capital Outlay Fund The New Hanover County Board of Education at a meeting on the 3rd day of February 2009, passed the fallowing resolution, . Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2009, Code Number Description of Code Increase Decrease} Various See Attached $469,258,98 Revenue, Various See Attached $469,258,98 Explanation: See attached Total Appropriation in Current Budget $ 86 413,394,51 Amount of IncreaselDecrease of above Amendment 469,258,98 Total Appropriation in Current Amended Budget $ 86942,653,49 Passe by majority vote of the Board of Education of New Hanover County on the ~ day of 20.~, Chairman, Board of Education Secr ry, Board of Education DEB ~ ~ NEW NAN4VER ~Q, B~1aGE~ OEP~. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 9-1-1 r Capital outlay Fund Amendment #5 To record budget for 2008-09 API Finance Replacement of School Buses: 4.6550.120.551 ~ School Bus Lease ~ ~ 469,258.98 Revenue: 4.3400.120.OU0 DPl School Bus Revenue 469,258.98) Total Capital Increase 469,258.98 Capital outlay -Page 1 Board of Commissioners Meeting n2 ~m ~~nna %J -,Y / %J 14-/ 14- %J %J ---l 9-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 CONSENT ITEM: 10 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09-148 - Sheriff s Office 09-152 -Library RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 09-148 B/A 09-152 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 10-0 AGENDA: March 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-148 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-148 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: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Su lies $63,012 Ca ital Outla - E ui ment $85,657 Total $63,012 $85,657 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: Local Ex losives Ordinance Dis osal Team rant $22,645 Total $22,645 Section 2: Explanation The Sheriff s Office has received notification that they have been awarded additional grant funds for the Local Explosives Ordinance Disposal (EOD) Team. The original grant of $64,454 was increased to $87,099. There is no local match requirement. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-148, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V11.1/VLl1LV1Vl to - 1 - 1 AGENDA: March 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-152 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-152 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: Library Ex enditure: Decrease Increase Libra /Administration: Su lies $4,387 Total $4,387 Revenue: Decrease Increase Libra /Administration: State Aid to Public Libraries Grant $4,387 Total $4,387 Section 2: Explanation The Library has received notification that the State Aid to Public Libraries Grant funds were reduced from $208,406 to $204,019 for this fiscal year. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-152, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 10-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 11 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Consideration of NAACP 100th Anniversary Proclamation BRIEF SUMMARY: The New Hanover County Board of Commissioners is asked to issue a proclamation recognizing the 100th Anniversary of the National Association for the Advancement of Colored People (NAACP) and the New Hanover County NAACP Branch. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: NAACP Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 11-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 100TH ANNIVERSARY OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) PROCLAMATION WHEREAS, the National Association for the Advancement of Colored People (NAACP) was founded on February 12, 1909, in honor of the centennial of Abraham Lincoln's birth who was the 16th President of the United States and author of the Emancipation Proclamation of 1863; and WHEREAS, the NAACP was founded by amulti-racial group of activists Ida Wells-Barnett, W.E.B. DuBois, Henry Moscowitz, Mary White Ovington, Oswald Garrison Villiard, and William English Walling who answered "The Call" for a national conference on the civil and political rights of blacks in America following the brutal terror by white mobs in Springfield, IL in 1908; and WHEREAS, the NAACP's mission is to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination; and WHEREAS, the NAACP is the oldest and most recognized civil rights organization in the nation, having been in the forefront of every key civil rights victory in American life since 1909; and WHEREAS, the NAACP continues to obtain its goals through nonviolence and to effectively achieve its objectives through direct action, litigation, legislation and political action; and WHEREAS, the New Hanover County Branch was organized in May 1919 with 75 members, Rev. A.F. Elmes was president; Horace Cogdell, vice president; Dr. L.J. Devenport, secretary; and R.D. Bizzell, treasurer; and WHEREAS, the New Hanover County Branch is a member of the NC State Conference of the NAACP, the largest State NAACP Conference in the South, with over 100 adult branches, youth councils, high school and college chapters across the width and breadth of North Carolina; and WHEREAS, the New Hanover County Branch has worked tirelessly to eradicate racial discrimination in employment, housing, public accommodation, education, in the courts and in every aspect of life serving as the conscience of New Hanover County since its founding; and WHEREAS, the New Hanover County Branch continues to press the cause of equality and social justice, meet and confront challenges of disparities in this community, and to be the voice of the people; and WHEREAS, the New Hanover County Branch NAACP continues to move forward into its second century of activism. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that it honors the memory of those who founded the NAACP for their vision and service they rendered to our nation, state and local community and congratulates the NAACP and the New Hanover County Branch on its 100th anniversary and expresses appreciation for its significant contributions to social change. ADOPTED this the 2nd day of March, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V1.11/VLl1LV1Vl 11 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 12 DEPARTMENT: Parks PRESENTER(S): Neal Lewis, Walt Conlogue CONTACT(S): Neal Lewis SUBJECT: Presentation of a Plaque Recognizing Commissioner Greer for His 15 Years of Service on the Parks & Recreation Advisory Board BRIEF SUMMARY: The plaque will be presented by Parks & Recreation Advisory Board Chairman Walt Conlogue on behalf of past Chairs Jack Bragg, Keith Suttle, Liz Coughlin and John Coble, who will be in attendance. RECOMMENDED MOTION AND REQUESTED ACTIONS: Presentation of plaque. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present plaque. COMMISSIONERS' ACTIONS: Presented plaque. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 12-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 13 DEPARTMENT: County Manager PRESENTER(S): CFPUA CONTACT(S): David F. Weaver SUBJECT: Presentation of Capital Improvements Program by Cape Fear Public Utility Authority BRIEF SUMMARY: The Cape Fear Public Utility Authority will present its Capital Improvements Program (CIP) to the Commissioners for their review and comment. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Commissioners should listen to the presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 13-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 14 DEPARTMENT: County Manager PRESENTER(S): Chairman Davis CONTACT(S): Bruce T. Shell SUBJECT: Discussion on Commissioner Participation in Budget Cuts BRIEF SUMMARY: Chairman Davis would like to discuss steps the Commissioners could take to participate in the budget cuts being proposed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold discussion. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hold discussion. COMMISSIONERS' ACTIONS: A motion to withhold 1/2 of each Commissioner's paycheck for one pay period between now and June 30, 2009 (to equal 5 days without pay) was approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 14-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 15 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge & Chris O'Keefe CONTACT(S): Jane Daughtridge SUBJECT: Public Hearing Special Use Permit (5-13, 6/71; Modification Request 1/09) -Request by Shanklin & Nichols for Carolina Marina & Yacht Club (Tim Ward) for a Major Modification to an Existing Special Use Permit for a Commercial Marina in an R-15 Residential Zoning District at 1512 Burnett Road BRIEF SUMMARY: The area is classified as Conservation on the 2006 LAMA Land Classification Map. The request is to allow a forklift pier, single-layer storage of up to 81 boats, and redesign of the site plan at 1512 Burnett Road. The proposal would intensify the currently permitted use. At its February 5, 2009 meeting, the Planning Board voted 4-3 to recommend denial of this proposal. Members complimented the applicant's effort to address the issues but concluded that the proposal is not compatible with the surrounding residential neighborhood. Three people made public comments against the proposal, citing concerns for safety, environmental concerns, nuisance issues and lack of harmony with the neighborhood. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation. 3. Motion to Deny based on specific findings in any of the four categories in the Staff Findings, such as lack of consistency with adopted plans or determination that the project will pose public hazard, will not adequately meet requirements of the ordinance, or will not be in harmony with the surrounding area. ATTACHMENTS: 5-13 Mod Findings of Fact 5-13 Mod Petition Summary 5-13 Mod Site Plan for Feb 2009 5-13 Adjacent Property Map 5-13 Sept OS site plan 5-13 Current CAMA Permit site plan Carolina Marina Supporting Materials Tucker Burnett Opposition Wilson opposition letter Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Commissioner Thompson's request to be recused was approved 4-0. The request was denied 4-0 because it was considered not to be in harmony with the neighborhood. Board of Commissioners Meeting n2~m~~nna V.I/ VL/ LVVI 15-0 February 9, 2009 Case: 5-13, Major Modification Request 1/09 APPLICANT: Ken Shanklin for Carolina Marina & Yacht Club REQUEST: Allow one 24 to 42 foot wide forklift pier, replacing two smaller facilities and removing boat ramp; allow storage on single layer racks of up to 81 boats; reorganize site layout to accommodate the increased boat storage. LOCATION: 1512 Burnett Road PLANNING BOARD ACTION: At its February 5, 2009 meeting, the board voted 4-3 to recommend denial of this proposal. Members complimented the applicant's effort to address the issues but concluded that the proposal is not compatible with the surrounding residential neighborhood. Three people made public comments against the proposal, citing concerns for safety, environmental concerns, nuisance issues and lack of harmony with the neighborhood. History: This permit relates to a marina project in a residential district which was originally approved in 1971. In 2002, 2005, 2006, 2007, and 2008, the applicant has applied for and withdrawn six requests for modifications to include dry stack storage or to include a forklift pier. In five of the cases, the Planning Boards have recommended denial. In one case, the Planning Board vote was split 3-3. Most recently in June, 2008, another application was filed for dry stack storage and forklift pier under case number 5-582. That request was denied by the County Commissioners in July, 2008. Over time, the details of the proposal have been modified by a series of administrative approvals under the provisions of Section 71-1(9) of the zoning ordinance. The County deems the 9/25/OS administrative approval to be the current valid site plan. The proposed change differs substantially from the existing, valid site plan. It also is substantially different from the recent 5-582 case in that dry stack storage is not requested and the drop zones have been redesigned. The applicant is requesting a major modification to 5-13, thus re-opening the case for a new review and re-approval. Preliminary Staff Findings 1. The board must find that the modification will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subj ect property is located within the Myrtle Grove VFD. 5-13 M Page 1 of 5 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-1-1 February 9, 2009 B. Private water will be provided by anon-site well, and sewer is to be provided by Aqua, NC. Sewer capacity to accommodate a marine pump-out for this location is not available to the applicant from Aqua, NC. Therefore, no pump-out is provided. C. All utilities will be underground. D. The subj ect property is located in a 100-year floodplain VE zone. E. The site is located in a Primary Nursery Area. F. The site is located in SA shellfishing waters. G. Water depths are shallow in this area. Atmore than 150 feet off shore, mean low tide depths are only about 2.6 feet. H. Proximity to Carolina Beach Inlet makes the area vulnerable to frequent shoaling and makes navigation more hazardous than in other waterway locations. I. Applicant proposes that the "T" end of the dock will be wave attenuating construction, designed to reduce wake impacts in the drop zones. J. The site is located in an R-15 Residential Zoning District. K. The site is adjacent to a community beach access area for the Tucker-Burnett Subdivision to the north and single-family residential uses to the south and west. L. The site is approximately 2.9 acres in size with 240 feet of waterway frontage. M. Access to the site is from Silver Ave. and Burnett Road, local streets that deliver traffic to Carolina Beach Road, a major arterial thoroughfare. N. A Special Use Permit was issued in 1971 for expansion of an existing marina. The original site plan has been altered by administrative approvals over a long period of time. The current valid site plan was administratively approved in September of 2005. o. This requested modification proposes elimination of the boat ramp, combination of the two piers shown on the September 2005 plan into one 24' wide pier plus 8' walkway, flaring to 42 feet wide with approximately 425 sq. ft. fuel attendant station and wave attenuating T-end of 185 feet. The modification also proposes boat storage for 81 boats on racks (single layer) and addition of a maintenance shed of approximately 1160 sq. feet; shifting of the clubhouse out of the conservation overlay district; adding a 10 feet wide covered porch to the clubhouse, and increasing automobile parking for the clubhouse from 45 to 54 spaces. P. No maj or boat repairs shall be performed on site. Q. The current valid site plan, administratively approved in September, 2005, shows a boat ramp with eight-foot wide by 215 foot long floating dock to the south, plus smaller floating docks north of the launch area of the ramp, and replacement of an existing four-foot wide by 190 foot long pier, plus addition of aten-foot wide "T" end floating fuel dock approximately 70 feet long. The landward area consists of a clubhouse and parking area with 41 oversized parking spaces to accommodate boats on trailers, plus 45 standard spaces for the clubhouse. 2. The Board must find that the modification meets all required conditions and specifications of the zoning ordinance. A. The proposed location of the clubhouse facility and maintenance building are in a Special Flood Hazard Velocity zone, and must meet the elevation requirements set out in the flood 5-13 M Page 2 of 5 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-1-2 February 9, 2009 code for such structures. No enclosures are allowed below flood elevation except under standards specified in the flood ordinance. B. Conservation Overlay District standards apply to this proposal. C. According to the Major Permits Coordinator for Coastal Management, the applicant's prior dredging proposal received objection from Marine Fisheries because of the primary nursery area impacts. A variance from the Division of Coastal Management would be required in order to dredge up to the ramp. The applicant wishes to eliminate the ramp and substantially expand the width of the existing pier in order to utilize a forklift for dropping of boats closer to the channel rather than launching from the ramp into shallow water. D. A marina requires a special use permit and site-specific site plan to operate in a residential district. E. Explicit approval for dry stack storage at a marina in a residential district must be granted by a special use permit through the New Hanover County Board of Commissioners. F. Parking must meet the requirements of the current zoning ordinance for the combined range of uses of the property. The proposed plan depicts an increase in automobile parking from 45 to 54 standard spaces to serve the marina and clubhouse facilities. Pervious pavers are proposed. G. Uses within the clubhouse must be incidental to the operation of the marina. H. Buffering must meet the requirements of the current ordinance. The proposed plan shows a 20 ft. buffer along property lines. I. Night lighting must be contained on site per the ordinance. J. Stormwater permit will need to be reviewed by both the County and the NC Division of Water Quality and new permits will need to be issued which reflect current state and local Stormwater standards. K. Anew LAMA permit will be required if this proposal is approved by the county. The existing permit allows improvements significantly less intensive than the current proposal. L. Anew permit or site plan approval will rescind any and all prior approvals. 3. The Board must find that the modification will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Marinas in Residential zoning districts require special use permits in order to evaluate and mitigate potential negative impacts on surrounding residential quality of life. B. The applicant intends to deliver boats to the water via a forklift. The use of a forklift was authorized by the Board of Adjustment in January, 2007 (ZBA-793). C. Widening the pier structure will facilitate use of a forklift to drop boats in deeper water. D. Delivery of boats to the water via forklift is most often associated with dry stack storage of boats. The applicant is not requesting to stack boats. This proposal includes allowance of rack storage for up to 81 boats in a single layer that roughly approximates a boat on a trailer, and storage is restricted to the area marked for boat storage. E. Stacked storage of boats, on any sort of racks or structures, is not part of the approved site plan for 5-13 (1971 The 1971 minutes of approval couched parking within the context of 5-13 M Page 3 of 5 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-1-3 February 9, 2009 "larger parking spaces for cars with boat trailers." Allowance of single layer racks for boat storage will replace parking of boats on trailers in any designated parking area F. Applicant has formerly made application for approval of dry stack storage of boats, and was most recently denied by County Commissioners on July 7, 2008. An appeal of that decision has been filed in Superior Court but has not been calendared. G. Boating is not a public necessity, but increased public access to the water is an important goal in coastal counties. This proposal promotes expanded access to the water as a private enterprise. 4. The Board must find that the location and character of the use if modified 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 New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. ~Uater-dependent uses are appropriate. B. With limited exceptions, the 2006 LAMA Land Use Plan prohibits dredging in a primary nursery areas and open shellfishing waters; therefore, removal of the boat ramp would be in harmony with the area and consistent with the land use plan. C. The immediate surrounding area is populated with residential uses. An industrial style forklift pier adjacent to the residential and neighborhood recreational uses maybe incompatible with the character and harmony of the area in which it is located. Staff Comments: 1. Re-opening the existing special use permit allows for a whole case review, includin addition of conditions on undevelobed portions of the project. For example, impervious limits by today's stormwater rules and imposition of setbacks to meet Conservation Overlay District requirements have been applied to bring the project into compliance with modern standards. 2. This project has been contentious with the neighborhood for many years, and there has been a long history of proposed use modifications which would change the character of the project to industrial or higher intensity commercial use in this residential neighborhood. Since the project has been speculatively debated through the years, staff feels that clearly establishing the details and intent of approval would be an important step to resolve matters and create predictability for all parties, including any potential future modification requests, staff interpretations, or appeals to the Board of Adjustments. 3. Zoning enforcement staff has expressed a desire for a clarification as to the count position on use of the clubhouse for sit-down food service for members only versus the 1 ■ 5-13 M Page 4 of 5 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-1-4 February 9, 2009 general public. A condition on the 1971 approval requires that "sales and services connected with the operation of the club facility shall be incidental to the marina's operation." To date the interpretation has been that the clubhouse is a private club associated with the marina, and food service would only be allowed for members and their invited guests. In the absence of new direction from the commissioners, that interpretation will continue. If the modification is approved, STAFF RECOMMENDS the following additional conditions and clarifications: 1. Parking or storage of boats will not take place in the "Customer Parking Area. " 2. A building permit for the approved pier must be issued within 24 months of approval or 5=13 shall expire in its entirety and shall be void and of no effect. If the permit is reapproved under awhole-case review, a new time clock should start for accomplishing the development. Since this proposal has lingered for many years without substantial progress, it seems appropriate to set a benchmark for keeping the new permit approval valid. Acquiring a building permit for the enhanced pier within the normal 24-month period would be a reasonable expectation. ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation. 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 hazard, will not adequately meet requirements of the ordinance, or will not be in harmony with the surrounding area. 5-13 M Page 5 of 5 Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-1-5 Case: 5-13,1971; Major Modification Request, l/09 Forklift pier Petition Summary Data Owner/Petitioner: Ken Shanklin for Carolina Marina & Yacht Club Existing Land Use: Marina Zonin History: April 7, 1971 (Area 4) Land Classification: Conservation Small Area Plan: None Water Type: Well ~r Sewer T~ Aqua NC Recreation Area: Snow's Cut Park Access & Traffic Volume: Burnett Rd. (local) to Carolina Beach Rd. 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Q VF VI ...1 F C1' W ~ N ~ T ~ ¢ U.~x it u, k~4~ Iii ;i7il• in °~5'~ww~~~~r-oar ~,1 I~~;ly~ r:, r V w~ ti .S - w c>. ~ I ` g i'~`il 111 'C Y ~ v ~ Ali il. i~ N ~ (.!1 Lil ~ ~ u ~ 4 ~ ~ n ink l" "fix (7 U U1 O p ~ ~ .S ' ~ Q q .J W I~II # o ~ ~ ~ ~ ~ ~ ~ ~ ! _ LL1 ,clr, u n S a W a W W W W N .w•.'^w"^'""'n ,...~wkl. (V ti. ~ r N E z O EfEfE 11~~ ao I~1 _ v....r....-~.-_-' a W n!I I~ PSI l/ 37 EI f LJ ~ F u.._~........ ~.!~.;7..~617s= ~ J ~r..l. ..,3 --•-~g3iF ,-IMSi._ Ir H ~ H W In w.-yir ,~31i - T.W. ._...~.9L ~ ~ ~ ~ _ ~ ~ ~ 0 W J N D SL ~ ZaZV dp m.~pU 2 E' ~ a= 0 0 UW~WL~I"'J _~..W_.._.___..__ ~ ] ~ ~ 0 W W LL Q aC !a ~ ~ p .:a w#- ~7 wwacw~~nL Board of Commissioners Meeting ri u U Ca u, -0 J 03/02/2009 15-6-1 Carolina Marina and Yacht Club 1512 Burnett Rd. Wilmington, NC 28409 Commissioners, My name is Tim Ward and t am the owner/developer of Carolina Marina. I wil! describe for you the details of the proposed site plan submitted far approval. Please be aware that this is a modification of d~~ c3~i~i~ir~ dNNruiicu ~ria'r~ dr~u i~iai `[ne ~T~a~'ina (,1~r~t]~r n~5 ~X#5~~Q TOI' almost forty years, Attachment #1 is the current approved sits plan. All necessary permits are in hand ~o develop this plan as shown except for dredging. This plan and Special Use Permit #13 have a list of conditions as shown in attachment #2. fn addition to this fist of conditions, as shown in attachment #3, these has been clarification from the New Hanover County hoard o~ Adjustment that the use of marine forklifts is allowed as a part of this marina's operations. The current approved plan is ready for construction to begin. CAMA, USACE, S#ormwater, DOT and the county have aid issued their permits. [n December 2008 a new site plan request, attachment #4, was submitted and the only requested change was to eliminate the provision for dredging and replace it with a modification of the existing pier which would allow boats to be launched in deep water at the end o~ the pier. The a~t~ehments #5, #6 and #7 show a similar structure permitted and in use in New Hanover County. Attachment #8 clarifies that the Division of Marine Fisheries has stated they would have no objections to the proposed pier modification. Dredging through a primary nursery area Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-7-1 as stated in the staffs report, is nod in compliance with the 2006 New Hanover County CAMA Land Use Pian. However since the county has approved this feature of our pfan, the state can allow it ~o be permitted through a variance. At the January 2049 Planning Baard hearing the board members asked us to modify the plan to accommodate the planning staff s most recent recommendations, attachment #9. The proposed changes to the site p[an before you, other than the pier modification, are therefore a result of requests from the New Hanover County Planning staff and Planning Board to incorporate some additional conditions which will lessen the impacts on the environment and ci~rrn~~nriin~ rnr~nn~nit~, Ni~hl~~hi-S n#ih~~n ~hanba~ Mrs, rµla~;r~¢~ in attachment #10. And while no plan is perfect, I would agree with the planning board and staff ghat phis plan, shown in attachments #11 and #12, is the best design for this site. The confusing part for me is that a 'Few neighbors still are objecting to the changes. These changes are in their best interests, not necessarily the marina's. They seem to believe that ~f this request is denied, the marina will not be built, !have tried to communicate to them that we are going to build this marina anc! operate it to the best of our abilities, regardless of which plan is allowed. I am convinced that the marina and the surrounding communities cart coexist in harmony. Additionally, jobs will be created, water access will increase and the environment will be less impacted with the proposed plan. it is infieresting to note that many if not all of those in opposition to this p~aject have their own private access #o the public trust waters, unlike the majority of residents in New Hanover County. Some Qf those apposing even have multiple waterfront properties from which they can access fihe Intracoastal waters in our county. And while we all desire to enjoy our residential properties, it Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-7-2 must be recognized that the marina was here first. Jus# about every Tucker/Burnett resident who has spoken against this project at the planning boards and county commissioners' meetings to date acquired their property after the marina permit was issued and the marina had been operating for many years. Also please be aware that at the planning board and county commissioners meetings in June of 1971 there was not vne Tucker Burnett resident or any other person objecting to the permit being issued. The planning board and the county ea~nmissione~s unan~ma~sly approved the issuance of the permit. This clearly defines on the record that the location of phis marina wac anr# ~#i~l is Fn harmnn~ with tea area irk uuhirh it yc Inrat~rl and in genera! conformity with the plan of development for New Hanover County. Additiona~iy it is reasonable to believe that anyone who owned property before the marina permit was issued obviously had no objections tv a marina at'this side. ~ ask you to place significant consideration on who was here first, But beyond this the more pressing issue ~s simply which plan, the current approved plan or the proposed plan, is better for ali concerned? Some opponents have said that there are plenty of slips available in New Hanover County. I beg tv differ. This board is surely aware of the dwindling water access available to the non-waterfront residents of this county and beyond. Especially this coming summer the bottleneck at local boat ramps in our area wild be very visible due tv the closure of the Carolina Beach State Park for renovations. Additionally the proposed plan limits the quantity of vessels which can be stored at thFS site to S1. This quantity is very similar to the amoue~t of boats at a boat ramp {n our state. However unlike a boat ramp the average number of users of the facility on any given weekend day would be around twenty. This is a match to the Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-7-3 parking requirement in New Hanover County that there should be one space for every four boats in storage. The current approved plan has no limitation on the quantity of boats. Opponents have also stated ghat there are concerns over the uses at the clubhouse. The New Hanover County Planning staff has asked for and we have agreed to additional proposed conditions which state that the clubhouse patronage and hours will be s~gni#icantly limited. The current approved plan has no limitations on hours or patronage. Another concern has been that the homeowners' lot will be more signi~~cantly impacted with this new plan. If you compare the site plans you can see that in the proposed plan the rl~~hhn~~cr~ hac h~ao~ !r~?v7~a~ .~..1.~I.~~..jl'~C~x;~; the h~efY1~~Y1~lA~l~'~,OR^.~sl ~~rw u.Cr ~'~i~~~ r~.~.~i Vi~MY~~v NV~.~r rM MVO out of the Conservation Overlay District. An additional concern raised is a fear about fuel sales. The equipment used by modem marinas fioday is successful in eliminating threats to the environment and waterway patrons. Fue! sales are also already a component of the current approved site plan. The opposition also fears that approval o~ ~hi~ request will a!!ow big boats to tower over their homes. This is totally false and inaccurate. The site plan depicts an average vessef length of 26 feet. The typical 26 foot boat is approximately 10 feet in height, including a T top. While we may accept a few vessels over 30 feet En length they v+rill nQt tower over anyone's home. In fact, by moving the boat storage area ~o the north side of the property in this new submittal we have been able ~o significantly increase spacing from any residence to the boats being stored. The closest residence is approximately 144 feet away from the nearest boat and over 5a0 feet away from the launch and retrieval area. The proposed plan at one bevel high makes this development a small community boating faci~~ty which will probably serve the needs of the immedia~e~y surrounding Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-7-4 communities. The decision to store boats on site rather than open the floodgates for anyone to trailer their boat into the facility was made to limit the impact vn the surrounding community. Same concerns have been raised that our forklift will violate the county's noise ordinance. Not true again. The forklift company has submitted a letter (attachment 12~ which states that the fvrk(ift will not exceed the nose ordinance. Additionally we pfan to construct a wood fence for noise attenuation along the southern property fine where we abut residential property. Unanimously in 197 the New ~lanover County CammissFOners approved a SUP application for a marina at this location. They were ~~cin~a, the camp rrftp~^i~ nn ~uhirh to hates th~air ~ipr c~nn a~ ~~n~,~~ rho ~n,;~~~ findings of fact. The commissioners must have had input from staff as ~o where a good location might be for a marina. Beyond the discussion about the past, it is without question, a di~fiicult economic period we live in today. We can all look around and ask the question, why can help creme jobs? Even fihough this is not gong to create 1000 new jobs over the next ten years ~t wild creme somewhere around ten to fifteen marina positions and countless consfiruction jobs today. What ~f every business owner could create ten to fifteen new jobs? I am simply asking that you compare the two plans and conditions with each and make a decision based on what ~s good for the county as a whole. In one o~ these pans more jobs are created, increased taxes are paid, the boating community has more access, the environment is more protected and the immediate neighborhood is less impacted. Surely the planning staff doesn't ask for conditions to a plan w~~ch make the plan more detrimental than before? I believe you can improve life for everyone impacted by this marina by approving the proposed plan. ! thank you for your time and your decision. Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-7-5 ~ ~ f^" ~ ~ irk . ~ F # 4' ~..h ~ ~rL} ~ r~i~ ~ . ~ as ~r a~. ~ • ~ M ~ ~ i i i ~ t . , i ~i ~ + ~ irk ~ * ~ y ~ ~ ' ~ y ' ~ ~ f~ r , rr ~ '~~r ~ ■ r ~ ■.F ItF ■ X17 ~I ~ . 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J lil "a ,~o^Kp ~r~ ~ QTY ~ Board of Commissioners Meet r~.1~'~t~a~ ~ ~ ~.e - - n2 ~m ~~nna V.l / V L.I V V l r •'s i i4~V Z j + MUM: (&10) 341 -7118 15 - ,r+ . _ . r ~ o~ Ad~usent far the un a e~ an~~rer, h~~d~ ph~~a hea~ng an ~v~e~ ~a consider a~aan ~B~4-7 ~ s~.b.t~ed b ~Ca~o~a ~a~ ~I+, a~~ tie de~~o~ h~~ ng ~oreement ~c~ .A~ din tit a use pert ~a~ a ~ar~d ~ ~ B~rnet~ aad, ~oxd~ aroma, dae nat .o ~ use a~ a ~or~1 to dyer baa~s ~a the heed alb the edence and ar~en~ ~~resented ~ h~ar~n, tie Bawd. des ~ ~a~n k~~ ~i~JI~: ~ # ~'he s~~a~ use perm~.t~ .mbe~ +~3, ~.eh is eontro~ as a s~~ec~ ~ra~, ~a~ at Bu~net~ ~e not ~~ude the ~ a forte to ~~li~er bobs to the ~a~r. ~ ~ ~ ~ ~ nit ~ ~ ~~~ox sped. use e~t~ hit ~ awed b~ ~ ~ permit. reced~n ~ used ~.~an a fo~~a~ nds: ~ . ~ ~s n age ~r~ on a ar~~ Witten pain a e . ~orld~s are aft ~ ~aa~rnas, ~nc~ud ~~ca~ mares, puce b~~.ts the ater* . 'fie ~s n~ ~.eio~. ~ph~h~t~ a in the n.ntes the ~ ~ the ~~~g Bard. Bch ~~nme o the ~i~, ~o~ tb.~ ~a~s~ane~rs n~eet~n at ~vh~h the or~na~ pest ~ anted. 'there is na ~roh~~i~~n ~t a or1.f~ a~ a a ~u~ n wee. Based rain a preen one~~sia and ~~nd~ns o~ tae the Baard h~h~ rre~rse deter~.~on the e~ ~a~n ~cer, and d.~ees that fork i aho. 15 ~ B~.ett gad ~ #~e e~ ~ use pmt, to ~na~e boats, e~~rn anal tom ~e ~e~~ ~ ma~~.~n to prt. this Ord Jam, i to ~ Baaxd r hair~nan ~TB: a are Issas. a dee~s~~n Bow an appeal be men ~ up~t~r o~ a~ e ~.ae~ our. th ~ ~ da.~s aver a ate this a~der is sued an ~u., fee eo~.1~~ ~~the e ano~er niua rd~anc~. ~~11~~ . Board of Commissioners Meet' , IN: 15-7-8 VAX", %I-PVRU i R~"1 ~~1 ~1r1u4o 1~~N •^p~YiY h~. 1 i n ~ li ~ i ~d a~ I! .r W v~•••~~~ccc ti 5t A5 ~ Gnu ~ ~~y~_-~ L~ • ~ ~ ~ ~ ; ~ n w~Y1,~: i ~ 'r~ ~ I . ~ ~ xi i _ ~FF7b~~~~e~ I~p~ ~j x r r~ i r+~ii J ~F F,.... ~ ~ i ,M,~ ~ 1 I ~ C RNA Sr L]]L ~ i i .-•--`.~---.~,,....,~,-.,..r.--~.~ ~ ~";4 ~ „sl ••,i~, :'s* ~~S~,L,IJr~ ~ '~•/}}~f~ } I- F ~ I ~i 1~}~g C a! hf` r4 ~ ~ rrr i 11 ~~I • R B . CS.e ~ '7 x~ .~y*• 'r Y~ 1 .•rRA a~-. ti~ W C1 ~ ~ ~ n r K i~r n 5n ~'~-r i l a~ ~ ~x ~ ' '1,h , 9, •x'. rR. ' 1 'tir 5~y •.J. 'i`. 'J'. 'a ' ~'~ti~1 i h I ~ I " r r r ~r + `Y • ~r' M `P ~ DWI ~~,1}4,. ~y ~ 4' ' , 'sL i f' ~i v 'fir ~r J;- r F ` h r n , • ~ ~ ~ - ~ i~ f M ~ ~I ~ Y i s ••k r ~1+ 1 r a ; K ~ r e ~ d ~W 3 kj Y ~ ~ ~ ~ ~s •,s ~ , . D,~ d. ,~N.. •d,C Y, ~rk •-~r ~i, ,•I' t`~ 14 Rw ~ ~ ~ d h f, .5 s •,P r• .F `•fw •1; Ak. '.C ~y1 r~J ~ ~ ¢ ~~~1 Iggo ' S. ~ ti ~r~ + ~f~• ~T ~ ~J~ .d. ~N. r. ` 'i:. 'C. 1 LLy~r+~~i k N t• l 4 ! 1 / Y ••Y j hl w} ¢ r7 d rw ~ r!i'~ r ~ ~ ~ ~ +C r i; {e t4 ~5 •4, * 1 ~ ~ " r . r , r ~r ~ ~r fib(' d •r. •rv., '3., :1. I~1-•+a~~,~'~I ~ F i i41'C A~7E~• ,fit t 'r. ^t. 'J•. L. E • i~ i 5. f i - d r ~ ~ I ~ + f ~ Y ; { r 1 i ~ I i+ -~r r t. ' ~ ~ ~ M r i ! rF 4Ln ~ ! J • Y ' CII I r S i fff~r j• i Y R ~f: r yyrr ~ r Pi , 5~I`~i ~fr r r , i + •Ci#Nia1G+ j• 1 ~ ~ W ~ ~1^ ~ ~ _ = L . ~ '-11.99 ~G1ik i~`i~-'...,. al ~ ~ I ~ ~ I ~ I ± F i• x- 'art ~rr~- _ _ ~ r , r ►l I Vi'i'- Jl-7_L"[ii'~. ~ i13 ti ~ " ~ Ct1~C~ kp.~ ~ _ , - ~~5ry_ ~ ~r ~ L7C~ I '~fi ~ ~ ~~i ~ ILk y~l C ~r •f Y' ~ { ~7 7i r I g.Y ~ a. 9i • ~ 2 ~ I ~ ~ '.ki ~ ~1 f~~ ` i 5,~~ I rrr i r i ``rr1°~ d J~ 2,~!]yp~{d1,rr_ a 1 I1 i r"~"'•`-y+~ ~ ~.w4 ~,N I iM1~ r+~i~ ~ w~~~ i'ilA Y~ 1 ~ I I~ "w~ w__~~~ 'fit"~ y 'y . I 155 1"' ~ r~ hW ^R~ 5 44 • . ~ 'e Cif'' L~~1 •yS~S •1 ~ 1• ~ ! 8: fi ~ ~ a` i.~iBi! ~k~(1E t1.'~t' ±$r i ~ ~ r 1 ~ - i i-~ I.. . * J ~ it ~ ~ ~ 13 { ~ ~ I ~ ~ ~ ..._:y. - x I: a I ar ~IMp: n n ' ~ 2 I Board of Commissioners Meeting I V.I/ V L/ LVV l 15-7-9 ' r F: ~ , : b5. Y d. ~ ^ .u u ~p ,o . .~r • e ~ h i a~ v X ~ °'a u w, • ~,@^ a ~i, ~ N u ~ a ~ ~ ~ r gyp'. ~ig - a _ • N i 9 V' E .u r n ~ F HI~'~r1 is a , ~ r ~ . , . _ ~ ~ ,,g ~ n ~ ~l~ ~I I 4 q rc: V. ' ~ R ! N ~ .e~ yr,~+~ R7 Y .a ~s ~ ~ ri Y."'~i was i, o I d tl i .,y,., . ! ~d° u A I ~ h.1 `~i d f~ ' ~ l~ 6'~E ra qq7 II~ I .:I M ~ ~ ri° I ~~ll `iii 1 ~ : ~ 1 t,. . W. ..I I MT` 1 11 Y ~ k ~ G .d ~yl~ ~ ~ {ryPe a ~ N. L i. I C ~ 1 ~ ' i;, ~ v. _ w~~ ■ ' i - 'z . ~ ~ IA' ~ I~ i r ~ i. Ms 1 ~ ~ , • i ,F., I.. E e.,. 6 I l • r L = ° ~ 'S. ~ 9 { a. x I. f f`EI _ _ Ii ~ I i ~a n'' ~ ~ ~i . p' d tse~ ' i V.,, r . w.. ~ y ~ r . - . ~v r ~ . f ' uuiwui~ v,..«u unu. • II ~ u 6 V II n R .~ilil M, A ~ l! br ~ W ~~'~W (III~~ un ! Ij P II u Iu d P~ .o ~ . . e w. • M ~~a w ~ft~ _ ~ iil , f~ !N u.. ~ Ij Su t 9, uV ~ ~ ~A4~ E- ~7 • ~k~. ~ ' I ~ Boas°d of Commis' n2 ~n~ na 15-7-10 tX,~l'.d Y.. y . w Y ~ ~ n .....v ai .arv iu e ,^r .",..u.,.. a ru, m., .u~. al'~ k . ~ ae~ Q ae. dw ' ~ I:. V ~ ' t w V • . . Y 1 ~ J ~ ~ Gu' ~rrt.,a~r,5 n ,w ii X~ ~ ~ ~ d 4 h r I II 4 "7w"r~v s.... w.. ~,~,r~1-~~~ klr,l` ~ ~I r5i i i u 4 _ ~ it^: ~ ~ 4 ~ ~ ~ i i r ~4 ~ ~ ~ ~ r i .i~ ~ F 4' ~ ' i' , ' i ~ ~ r~ ~ I. ~ Y , r ! f ~ i _ ~~X. .a 1 11 ~ I~ cs r ry 'I Nr i ~ ~ r ~ ~ i~.r~b ~ f;l NISI I! ! d ~Y ~t 1 L ~~i ^ ~ ~ ~ ~ ff-~ ~ V .s, - r F+ .,rW.tl1~'TC-/ ~p• y f~ . "-Lx ~ ~ ~ i~ yi 1 k lal ~ ril ~Y'' t 1 y ~ ~ Yi' S i( I `4r i` ' - ~ ~ ~ ~ ~ ~{y - ~ ~ ~r .ay r ~ !tN° F f ly E ~ G~~~ I[ _x. i Y i r F _ ~ ~ . , u _ S ~..f ~ ~ ~ ~ SFr u;+ styi! h i i ,~.r ~ ~ •i ~ ~J. . ~ y , f III t. wW ~P . "i ,M~l~; ~ :r ~M 19i` m ~ V I FFFl u~ e w~ _ 1 } F ,A r Y 4~~ F~ ' } ,tiny y+.~ `~'f •n • " 4~y .r. ...p fl J ~i ' w ! ~ . ~ ' ~ ~ V p ~ri ~Y~ ~K,r/' i ~ y~'Y ~ ~ .k •.~!J ~'W^-A 74~~u s °~d~F '°•u ~u. ~ - J~ ~ ~ ! ~ ~ ~ ~ ~ r Y r 1 • L _ ~ ~ \ y'/*f :ebb" ~ ~~a L~~ •S. ~'f .s ~ f ~ ~ ~ ~ r~ rJ r ~ ~ Y ^S~ '~r-' T ~ ~~~/T 1• ~ ~ ~ ~ .^L,.~ ~}6 °"u*,L"~.~"' 4t~r~4, ' 111~~1 sA. ~ ~I } L . • ~ ~ swum 'gym r s ~ ~ ~ ~,r I ,i 1, w r r Yu J I x F ii ~ i ~ ' ~ ~ ~ ` Y it iY ~ ~ { _ ~ , ' ` 4 G v ~ a ~ ~ ~ I ~ ~ eo ~ ~ ~ ~ +_r y `off ~w,~, L'. ,_v - Y _ ~ ~~•J V i] ' • f ~ " ~ 'M~ , uI u , f .a ' W ~ ~ ~ , k Y I n ~ I u Na t ~ f ~.::•d'~~N.wV~ msm mrs Two nr ..i"L.....,1. ~k. .a ~i,. ~pp ~~w.... w~m~xwraai~a~~uw~ +"u~- ~a~ ~ _ .w✓~ fi u,. ~ . i " ~W~ i d., W s ~k ~I i i ~ ~ ~ Board of Commissioners n2 ~r~» nr i~► lf,~/VL/LVV / 15-7-t1 ~ ~ . . ~ _ a _r~' uu I I ° a~ urn f~ ~ 1 . , ~T ~ f ~ ~ ~ ~ .n ~ a ~ . ~ . , _ ~ - . . u ~-+;~-;mac f ' d a 4 . :l..~. . F 4 •Wr } p ~ ~ . . ti- ..,,y.~~ ~y . y . - ~ du5.* . ~ al ~~o~ ~~I, r LIB • - . y.1~ ~ ~r~ . w . _ . .1' .e. la _ • ~ r ~ 1 ba ~ Y . . _ . ~ r L r . ~ f „ • i .w .p ~ . LL... . . a w, V . ~w a W d • • _ - I, . . . n ~ ~ _ _ ~r.. . . . • ~ _ . ~ a . ~ , q,iv a . _ ~ w . . ! ~ ~ ~ - r._ _ w...~~ .,Y ,...m ~ I1 ' ~~a,~,ceL4A n.,. .may " Y _ I. . •Y•. " ~r ~1 . . „i~ ,ar,~ d. ~rv . ~ ~ ~,m, t rvm ~ r ,r n ~ :2 , r 1,15 m... M - II,.YI .wri.~atti ~.~W~md b~ cif ) 1 I I C I h~ i ' i ~ ~ dd i ~ i u I I. b A 11 up R ~ r 9 ii.y ~ I bl~ y, . ~pln, I k& 6d ~ I. ~ u ,o a o, f I t it P'. II a ~ r i xG ' p . ~ I. w M 9 N a ~ i II I ~I ~ ~ I ~ . _w ,III l u~v I I I''~ 1', III ~I ~ A i~ > I~ I ~ '~P;' I~ ! 1 Ili . rill III` ~ ~ I, I~ IIII ~ `I~ _ III N . ~ , ~ ~ _ ~ ~ ~ ~ m w. u I n. ~~,.u. . 4 .1 w u. W nl' ~Y4 1. '..I ~i~ n ~ . ~i. . ~1 ~'y to ~ . .W . ~ U ..v .y •..w . . 1 . a u . 11 '.1 u .q " ~ " _ ".ii ~P 0.. Y . •~I~J X41 ...Y ~1 T~ '.1 e ~ . J '`~~~oard of C'~onlm~ssioners e iw 15-7-12 ' 1r _ r r ~ pVyy V PP ` v yI l~o: tl~o~~yw a~.n~~ ub~ect; Caralin~ l~~rin~ and Ya~h~ flub D~~~; Tie, i Dec SOOT 1~: X5:4 Per our recent phony conversation, I d1d with you to discuss your proposed changes in the pier and doc1~ at Carolina Marina to something ~.~milar tat pre~rlt at I~U.~~~~~i~• .3.~ ~r~ 1t4 1.~.11d~~~.3~G~.~d~11~ 4r~~~ V ~ 1 can bui~.d a ford lift style pier, you w'i~.l close off the boat ramp. used on my review of the prelim,.~nary draw~.ngs ~ I dog. ~ t be~.~.eve that the Division of urine fisheries wi11 here any rna~or issues with ~.t. ~rit2 horde B~.oiogist supervisor .~~.~~'~~~7.~.~~.~~.n~~~1~mC1v~~14~~~~8~~~~0~~3~~~04~~~1~$~SSbB0A0~~... ~~11 ~1~~~~ ~ ~ Boa d of Commissioners Meeti n2~m~~nna e,~~:n., V.I/ V L/ LVV l 15-7-13 ~+p q~ ~y ~y ~yr~ r ~ ~ A~~r~~f ~~~R~ ..4 ~ o~~ty ~~~a~s Bu~~~~n~ ''j~.:1~~.1~~11Mtt ti~• ~ ovrn~nt Center ~r~u~, t~s'te ~.5~ w~~r~t~ngtar~, 8~~a3 ~E~r~n~r~g ~ir~cte~ Janua~'y 9, ~0~9 den Shanklin Shanklin Nichols, l~l~P P.~,1347 wilrr~ngtan, NC 2$4~~ RB; S- l 3 Nlodzi"xcatian Request ~ 110} axolina farina and Yacht flub l 51 ~ Burnett Rd. bear den ~s requested by you at the Planning Board meeting last night, here is the detailed list of site plan revisions necessary for further cans;deration of this proposal, the actual deadline far subn~ssions to the February ~~09 meeting has passed, so I will sly that copies of the revised site plan be returned to me na latex than Tuesday, 3anuary ~we would remind fir. ward that the `eery concept of a special use permit requires us to mrake choices and accept the limitations inherent in asking fox approval of a special use rather than pursuing a permitted use. A~s Section 70-1 of the ordinance states, "by means of controls exercised through the special Use Permit procedures, prapert~ uses which would otherwise be undesirable in certain districts can be developed to rninirni~e any had effects they might have on surrounding properties," ~r~Iy when a proposal definitively depicts and declares tl~e full scope of the proposal can decision-makers reasonably decide whether to appra~ve or disapprove the request. It would not be prudent to approve a project with significant uncertainties, since the goal is to create certainty for all partses. with thane can~ments in mind, please have the site plan revised to address the staffs recamrnended conditions and the Planning Board's added conditions as follows; The rr~a~ina may park up to 3 boats an standardboat trailers as ~~d~ated the proposed site planar may store 39 boats on u~enclased c~radieslracks ire single layer and at a height ofi~ the ground that raughiy appro~mates a boat on a trainer, if appraprYately drawn and labeled on an approved site pYan and if allowable under the special flood hazard ~regolations. tacking of boats at mare than ore layer shall not be allowed on either a permanent or a temporary basis. E~tplicit approval for dry stack storage at a marina in a residential dYStrlct must be granted by a special use perrnlt through the New Hanover bounty Board of omrnisioners. ~'r~structior~ ~o ap~~ican~: ~f you desire to store boats rater tJ~ar~ simply park boats as part o~ this project, you rust say so A'.~ show it ors tie site p~arz. ~'~e same is true f ,~o~ desire ~o suck ~~ats~ Spec~;~y ors the site ~~an the r~~~nber of boats yon d~sir~ to sure, depict it A1VD ~a~~~ it, ibis car~rtot be are open-ended r~urnbcr because tie boards must deter~cir~e the impacts o, f }your ~ro~o~sa~ opt the sr~rrour~ir~~ resider~ti~~ r~~ih~orhood~ ~~',~or~ do ~~ot a~~ow t~e~n t~ corite,~~ate t~~,~u~~ scope ar~d co~tsequeuces o, your ~ropos~d operation, t~tey nay be amore inc~ir~ed to disa~~ow ~o~sr ~e~~cest. 1 Board of Commissioner~vlec`ti:~lt~t ~ ~ ~ ~ t 15-7-14 ~ r~~. r ~ r; ~~~~~~g ~~~~t~~~ - 4 ~ ! p ~y y/ ~ [ 1 F~i~j~il.1ti1111~i,}''r ~.1 ~7~~~} ~f f~ U~~~~~ 4~t~~ ~~V f~f~~~C~~~~l, ~ ~~f~ ~#~~t~ ~ ~ ~~~~~~~C~ ~~~'+~C~O~' The xocatian of boats being parked or stored for delivery by forkri~t to the water shall be restricted to the area showing 2 foot long parking spaces and shall be designated as the bast parking and storage area an the approved site plan. The forklift shai7 not lift or move boats a~orth of the "~.a' Landscape Area" shaven on the site plan. ~nstruc~ivr~ to ~pp~icar~~: This condition focuses impacts of are ir~ustriai nature on the center o your praperty in order to try and remove the operation from ar~d mitigate negative impacts on the adjoining con2rrtunity and com~norz dot to the greatest extent, The whole permit is opened for review. You must firing a pia that accurately re, f ~ec~s phis ir~ter~t. ~2eser~~iar~ce to the ~OO.S site plan is raot necessary, ~r ~~~li~~nn1 snx~n~. rr~~~f~1zn~ ~~r~iprn~x~t ha~1 be r~r~r~ir~~ fnx~ ~h~ fnrklif~ in nlrr~~r r~~~~r►r~ ~r►i~~ im~n,~~►f~ f~,~ - ~ - - s~urrounding residential area. ~'nstr~ct~on to A~pp~ica~: when asked, you stated that you were agreea~ie to this, but you then ~uadxed your answer in re~atior~ to costs. The notation you puce o~ the site p~ar~ to address this condition should be def i~i~ive. 4, The conservation ~veriay District standards shall apply to ah new construction perzn~its, and the approved site plan shall make such notation. ~~str~c~cor~ to ~.pp~aca~~: The site pdar~ should design the project ire a way that reflects c~crrent standardsa and the notes should so state. At this point, the on%~ way to preserve yor~r graradfathered 0~ situatio~~ is to ~uidd the approved ~oD,~ site piar~. Ar~y ~noi acatior~s to the permit at this point a~td, forward will need to re,ect ail ct~ standards. S. ~f a ne~v stormwater pernvt is required, standards for impervious surface coverage shall meet current stake and county standards far areas ad~acea~t to shel7fishing waters. ~n na case shall impervious areas be greater than 4 4~,~~0 q, i't, ~r~strr~ctio~ ~o Ap~~ica~t: , ~xpiicitiy delineate an impervious area proposal that does not exceed the cu~rerit state and county standards for deveioprnent. Since you are revising the site piara to fully represent the scope ar~d intensity of the project ou GLesare o have approved, the r~u~nher lasted above rnaght riot ~e the r~u~er on your revision, dales and services connected with the operation of the club i~acility shall be incidental to the marina's operation. ~nstructio~ to ~pp~xca~t: This condition is origir~ai to the permit and already applies to the ~OOSpian. I ,you ore hoping to eii~ninate or otherwise alter phis condition, you must explicitly junta; fy removing or altering it, ~theri~se, list it in tie notes. 7, ado outside sales shall be allowed except at the fueling dark, Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-7-15 1 it ~ ~ ~ °l; . ~f ~ _ ~ " f ~ ~1_ _ _ ~w~ ~ { _ ; ' , i . _ ~ - . i i - ~ E ,E .r ~k ~ - ~ ~ ~ I k f ` V ~ . ~ v a i !r ~ ~ l i ' ~ ~ ~ ~ i , E E ~ ~ _ ~ ~ ~ I _ ~i • ~ i r ~ ~ ~ ~ ~t i~ ~ ~ ~ ~ F ~ - ~ ~ Y . ~ _ ' r ~ E i + .r i ~ _ _ , i ~ ~ _ ~ f ! ~ i ~ ~ . 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At fi~11 engine thrattle, tie maximum A-v~e~hted pound pressure ~eve~ ~xl~ be S~ at 23 feed open field, ~t , this drupe 7I dB; at l3~ it will be d5 dB. tdle speed. the mea,s~ ~S dB at 23 . The nose ~s n~marxl~r tom ~ n~er~~nn n~ the d~ese~ engine+ This enio:e is use all of our n~i~-sad. arena ~~~s, n~~n~ frame v~r 1 pM ~a tie 4a~C. A-v~e~,ghted sound ~ feet ~ feet 132 feet pressure level idle engine Throt~~e ~ dB 9 d 5~ dB .Full Engine Throttle 8o dB 71 dB ~ dB ~ your evunty, the resident~a~ noise codes ca~~ far 5 dB at adjacent structures. Therefam, even fI throttle o~atian of your Marina Bull should satisfy your loci codes. Ifyou have any addition ques~ans or cancerns~ p~ea,se don't hesitate to ca1~ ua. ince~eiy, • Eruce Farber Diree~ar a~Engi~eering oc; Mee 'igins ~ PD Box ,~~r~~'~1i~~~~x1.~8.f.?$11, fax: 85.485.,5130 www.w;g,~_ins~i~.com n2 ~m ~~nna V.I/ V L/ LVV l 15-7-21 IVev~ Hanover County Board Of Commissioners March 2, 2009 Commissioners, We would like to bring to your attention a few facts concerning the application that Carolina Marina has submitted seeking a mQdif~cation to Special Use Permit # 13. In June of 1971 Homer Ward was granted SUP # 13 to build a sma1120 wet ship marina with a parking lot to park 2 ~ cars towing boats on tra~lexs ~n our small residential neighborhood. homer Ward never built the facility he was granted permission ~to build ~vith Special Use Permit # 13. In September 2005 without notification to the neighbors of the Tucker Burnett Subdivision Tim Ward was granted what was called a minor revision to the 971 site plan far SUP # 13. This minor revision eliminated the wed nips, but doubled the size of the parking permitted on the 1971 SUP site plan. The 2005 site plan allows 41 parking spaces fog caps pulling boat trailers, and somehow the clubhouse was changed from what Was obviously meant to be a 150Q square foot building to a 4500 square foot facility. We did not think it was such a minor revision, but here we are four yeaars later. March 2, X009 Carolina Marina will come before you asking to be allowed to build a large dry sack marina where a sma11 wet slip marina was issued a SUP over 37 years ago to be built. They are asking for permission to build a marina where no evidence has shown any type of marina acti~ifiy and very, very little activity of any type for aver 30 yeas now. Under any normal circumstance Special Use Permit # 13 should be and would be Xong ago void because the features pezmitted on the site plan were nevear built. We believe because of these fads this is without a doubt a new Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-1 marina, a new request asking for permission to build. a marina in a thriving pr~ma~y nursery area open to the harvest of shelf ash. The 2006 CAMA Land Use Plan states that new marinas are not allowed in primary nursery areas. Dredging in a primary nursery axes is not allowed according to the 2006 LAMA Land Use Plan. The project before you wi~1 result in prop dredging of the bottom in a vital primary nursery area. Tim Ward is asking for your permission to again double the size of his proposed project ~n our s~nal~ neighborhood. He wi11 seek your approval to a~1ow permanent storage for ~1 boats on ray , or skids and to a~~ow a 32 foot wide forklift bridge almost 200 feet in length to Iaunch boats in sha ovv wader, He will ask to build a 1 SS foot long fuel dock in very shallow water that with its use will ruin a primary course area. The proposed forklift bridge wild be over six times urger than the existing pier. The avearage pier is only six feet wide with a T end on the end of the pier. If Tim Ward was allowed to build three pears because he owns three lots at the water front they would pale in comparison to this mammoth pier. This project if approved wi1~ be four times larger than what was approved in 197 I~ has become apparent to ou r neighborhood by the statements that Tim Waard made during the February 2449 Planning Board Meeting thafi he needs at lea,~t ~0 or more boa~~ to be shored o rack, a for ft bridge to deliver boats to the mater e clams wi~~ be deep enough to launch boats, and a very large clubhouse ~o a~~ a proj~~~ ~ha may be profitable. There is more to this project # ~n what meets ~ eye. lay club ruse wi I have to become a very busy building to pay for the size facility that he plans to build. Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-2 We reviewed the materials submitted and the statements Tim Ward made at the February 5, 2009 Planning Board NN~ee~ing, and ~hexe were several things presented by t ie applicant that are not true, Carolina Marina used a power point presentation in which they showed a plan comparison between the current approved 2405 site plan, and the new 2009 site plan submitted for this SUP modification. The plan comparison listed two categories for this project, Current and Proposed. Tim Ward stated that he can currently have 20 per amen Erma ~ted ~wvet sips and stated to the members of the Planning Board that he now is only seeking 10 ~~mpor~ry s ips. Carolina Marna has no permanent wet slips shown on the 2005 site plan, and accordzn.g to the plan and application he submitted for his CAMA permit he can only have 4 temporary slips. Tim: Ward was issued a LAMA permit to build what is shown on land on the approved 2005 site plan but nod the fea#,ures shown in the water on that sifie plan. There are several differences in the 2005 site plan, and the approved C.~►. site plan. The Noah Carolina Departament of Natural Resources would not approve the 2005 site plan because of the 50 food wide proposed channel to be dredged and the floating docks shown to fine south of the existing pier. Tim Ward did state ~o the Planning Board thafi N.C. CAMA officials would not allow the floating docks because of insufficient ~v~.~er o float the docks, and that they ~ulcd not a ova dr~dg~ng from his boat ramp in a primary nursery area open to the harvesting of she~1 fish. Tim Ward stated ~ha~ mull-level racks to stack boats are not restricted on the 2005 site plan, and that multi-level racks would be prohibited on fihe current proposed plan. If this were true ~vhy s the app ican~ coming before you ~o only gimme up what e already has a right to do? The 2005 site plan dearly does nod allow rack storage of any kind. Senior Planner Jane Daughtridge made it very clear during the Planning Board Meeting that the Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-3 2005 s~~e plan ~ilo~v~ parking spaces for gars ullfng boats o trailers. Tim 'ward challenged the authority of Panning Director Chris Q'keefe concerning this issue ~n 2007 and went before the Board of Adjustment staffing ghat he should have the right to stack boats on racks at his property. The ~ deckled that the Planning erector, and erector of honing have the authority to determine ~ha~ issue, and that he could. not sack boats on his prop~r~y. We only wish that they would have made the same decision concerning the use of a forklift at an earlier BOA meeting. Tim. Ward states that the current 2005 sits plan has na c~. ~ci~yy ~i~n ta~ions for the amount of boas to be placed on his propear~y, and that the clubhouse h~.s no limitation to the number of patrons that would use that facility. The 2005 site plan shows 45 parking spaces for the clubhouse, and 41 spaces fog parking cars with boat trailers. The limitation s shown in the amount of parking spaces. Tim Ward sated during the February 2009 Planning Boaxd Meeting that v~vf h the 2045 side plan there was the potential for dreclgng in a PIOTA, and that the current 2049 site plan would eliminate t~.at potential. The 2005 site plan v►~ould be much Tess likely o haran the pra ary nursery area because there would be very litfile use of the ramp due to fact that there is only suff~cxent water to launch a small boat only at high fide. The new proposed site am vv~ll launch boats from the bridge ins ~i~ov~ water on the back side of the fuel dock. These boa~~ v~~ll ~.ve ~o travel ground the dock and other ~e~sels ~n water that will only be about .foot deep at lo~v tide. The large fuel dock wi11 attract larger vessels, and they will run aground, and prop dredge the primary nursea-y area. The Iarge fa~rklift badge will allow the use of a large forl(~if~ that will be able to handle boats much urger khan what the 2005 site plan shows. The amount of boats stored ~n the new site plan will cause irreplaceable damage to the nursery area that eg~s~s here. Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-4 The CA permit ghat Tim Ward was issued sta e~ that prop dredging of any kind evil be a violation of his permit. e s aware of this fact. His brother tried to come in one afternoon froa~n using his new 22 foot boat, but could nod get his boat back to the pier ~o place it on the boat lift for several hours because the water was toa shallow to move his boat. There are pictures n the fodder to show this fact. There are several picfiures showing the water depth out past where the fuel dock is proposed to be bunt and to be ~~ss khan ee deep. Tim Ward sated at the Planning Board Meeting that he has no limitations on boat repairs ~vith the 2005 side plan, and that they would be limited with the new 2009 site plan. VV~e could not see on the 2409 site plan where any type of repairs would take place except for perhaps in the proposed shed near the homeowner's lot. Any type of repairs will cause excessive none and this facility does nod have enough width ~o buffer the no~~e from the neighboring homes to allow repairs on boats. 'I'he 1971 SUP permit does not state that any type of repairs can be done at this facility, and it states thafi no construction of boats is pexm.itted, We believe the old SUP permit more than says repairs are nab allowed a# this facilifiy. ~We have however noticed thafi because the use of the clubhouse facility is stated ~o be incidental to the marina operation perhaps Tim feels he can have a three ring circus with a Ferris wheel to sight see the water and all these things could be incidental ~o ~e use of the marina. ~t sounds silly and ~s far fetched but hey Zook at the things that Tim Ward claims he can have a~ his proposed manna. We ask humbly ghat you please hook through the materials we have submitted to you. They are far less cumbersome than what Mr. Shanklin submitted and more entertaining, but seriously please consider all the facts. We are a sma ~ neighborhood, old. X115 15 a very large pro,~ect. ~t is out of harmony with this neighborhood. Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-5 One Planning Board member that voted for this project also sated that this project would not be in hazmony with our neighborhood, and he stated that he thought it never could be in harmony with the area. This project wi11 harm the environment here. No longer will the home owners here be able to swim at our beach or enjoy our deeded lot as a park. This project will cause a hazard for the general public and for our neighborhood. The fuel tanks could cause a hazard that we may never get over. The size of the property that he wishes ~o build this project on is only 240 feet wide. There is not enough property to buffer the noise, oar the unsightly visual effect that th~~ project will bring. Tim Ward submitted a plan to the TRC in November 2008 asking for a performance residential neighborhood ~o be built at this site. This is the best site plan we have seen to date. If we have to choose between what is offered now and the 2005 site plan, the 2005 plan is better for the environment and the neighborhood. The 2U~5 site plan has all the marina development much farther away from the residences. The 2005 side plan will not allow for the use of a barge forklift, and does not have a fork lift bridge. There is nat a huge fuel dock allowed on the 2005 side plan, and the dock is much farther away from our swimming area at our beach lot. The size of the operation shown on the 2005 side plan is much friendlier to the neighborhood. The size of the boats using the facility will be much smaller, and on a temporary basis if the 2005 site plan is used. The 2009 site plan will place boats on this site ~al~ex than our homes and the S 1 rack spaces wi11 probably be sold to the public. The clubhouse and parking on the 2005 site plan are much farther away from the homes on the sough side and the domes across the street from this project. Please consider our lives and what we wi11 have to endure if this project is allowed. Tucker Burnett Neighborhood Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 15-8-6 Mr. and Mrs. Preston Daniel Wilson, Jr. 1208 Farmers Market Drive Raleigh, NC 27603 (919) 838-6777 February 3, 2009 New Hanover County Planning Board 230 Government Center Drive, Suite 150 Wilmington, NC 28403 Dear Planning Board Members: We are property owners at 1500 Burnett Road in Wilmington. Once again, we are contacting you regarding the proposed boat storage plan, club house, and 200' pier at 1512 Burnett Road by Tim Ward of Carolina Marina and Yacht Club, LLC. We are OPPOSED to this type of commercial endeavor in an existing residential neighborhood. We do not feel that single rack boat storage (for 81 boats), a club house, and a 200' pier are appropriate and will only bring problems to our neighborhood. This facility will bring increased automobile traffic, noise, litter, environmental hazards, and invite volumes of people to a peaceful area who could potentially cause harm to our neighborhood. We remain STRONGLY OPPOSED to this proposed marina and feel that it should not be allowed. We're now entering into YEAR 7 of Mr. Ward's proposed commercial marina. When does this end? We plan to retire here. If Mr. Ward wins, our plans will change. We don't want to be bordered by a loud environment and boat storage for 81 boats. We remain STRONGLY OPPOSED to Mr. Ward's plans for destroying our neighborhood as we know it now. This proj ect will benefit no one in our neighborhood. The only person who will benefit is Tim Ward, and he doesn't even live in our neighborhood. Thank you for your consideration. Sincerely, Dan and Flo Wilson Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 15-9-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 16 DEPARTMENT: County Manager PRESENTER(S): Dave Weaver CONTACT(S): Dave Weaver SUBJECT: Consideration of Request for Proposals (RFP) for Solid Waste Management BRIEF SUMMARY: The Board of County Commissioners, at the February 16 work session on solid waste, directed staff to prepare a Request for Proposals (RFP) for solid waste management companies to use in soliciting the County to manage its solid waste. Key features of the attached conceptual RFP include: • Request for proposals for solid waste functions (solid waste disposal, landfill gas, and recycling) with several alternates • Emphasis on companies providing a comprehensive approach for all functions, although not required • Long-term flexible contract • Evaluation criteria to be used for selecting a proposal • Common set of assumptions for all companies to work from If the Board approves this draft RFP framework, staff will go forward with the RFP process and review of proposals, with the objective of making a recommendation to the Board at its June 1 meeting. All proposals will be available to the Commissioners for their review. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the conceptual RFP. ATTACHMENTS: Conceptual RFP COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 16-0 The Board discussed options and gave staff direction on the manner to proceed. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 16-0 Conceptual Framework for Solid Waste RFP (Draft 2/19/2008) I Notice /Call for RFP (1) Instructions (2) Timing / Schedule of Events (3) Data Room/ Site Visits (4) Single point of contact (5) Responses to all questions will be in the form of an addendum, issued in writing, to all known bidders. II Terminology III Background /History IV Scope of Services Sought (1) Module 1: Solid Waste Disposal a. Minimum and Maximum Acceptable Landfill Tonnage provided by NHC b. Must address the NHC Landfill, including maintaining the existing permits c. Must address WASTEC (whether mothball, dismantle, sale to third party, refurbishment and use, etc) d. Must discuss disposition of residual MSW (whether reduction due to some conversion process, transport and disposition at another landfill, etc.) (2) Module 2: Landfill Gas (3) Module 3: Recycling Collection and Disposal a. Residential (at a minimum must provide expanded # of drop sites vs. current) b. Commercial and Industrial (incl. C&D) Bidder(s) may bid on one or more Modules; Bidder(s) may bid alone or as a team. Bidding on all modules to create a comprehensive, integrated solid waste management system is preferred. Bidders must meet the minimum criteria; more extensive proposals will be given preferential consideration. V Historical Data, Current Operations Data, Key Assumptions for Each Module (1) Historical Data (2) Current Operations Data (3) Facilities and Equipment (4) Key Assumptions a. In general and for each Module b. Assume 10 year contract with 2 five (5) year renewals based on performance Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 16-1-1 VI Submission Requirements (1) Standardized submission format a. Executive summary b. Numbered questions for each module - responses to all questions in a module must be present to be considered a "good" bid for that module c. Assumptions for financial model explicitly identified (any assumptions NOT provided by NHC) including a 20 year capital investment plan d. T-chart summarizing all services provided by bidder(s) and key deliverables and responsibilities / requirements of NHC (financial and other) e. Service fee (bundled and unbundled) (2) Environmental Impact Analysis (EIA) a. Energy and emissions associated with fuels, electrical energy and material inputs for all stages of the proposal are captured. Similarly, potential benefits associated with the energy and / or material recovery, displacing (avoiding) energy and / or materials production from virgin resources are captured. b. Identifies differentiating factors such as energy consumption and emissions of NOx, SOx, carbon monoxide and carbon dioxide. Additional factors for inclusion in the EIA could be identified by New Hanover County during the assignment. (3) Sample terms and conditions a. Includes any minimums, guarantees, penalties, elevator clauses, etc b. Identifies service fee and included services c. Identifies any additional costs or services available d. Discusses termination of the contract (4) Qualifications, Litigation, Conflict of Interest, and Financial Soundness Documentation VII Evaluation Criteria (1) Qualifications of the proposal team (experience with similar projects and local government) Individual companies Key members of the management team (2) Service fee charged to County over life of contract (3) Financial depth and stability and guarantees (insurance, bonds, letters of credit) ensuring performance (4) Past record in similar projects with regard to meeting performance measures, environmental compliance, historyof litigation (5) Carbon footprint, emissions, and other environmental impacts of total operation (6) Extension of life of County landfill (7) Overall plan to maximize recovery and minimize waste, thus progressing toward the zero- wastedisposal goal. (8) Flexibility and adaptability of proposal, e.g. contingency plans, risk assessment (9) Continuance of employment of existing County employees (10) Means for continuous interface with County management Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 16-1-2 (11) Seamlessness and strength of connections between modules of solid waste management (12) Degree of cooperation and transparency during proposal submission and review process. VIII RFP Process Terms and Conditions (1) Bidder responsibilities (2) Questions (3) Addenda (4) Exceptions (5) Omissions, Discrepancies, and Interpretations (6) Incurred Costs (7) Post-Submission Adjustments or Withdraw) of Proposals (8) Prohibition Against Gratuities (9) Acceptance of Proposals (10)Verification (11)Conflicts of Interest (12)Ownership and Confidentiality of County-Provided Data (13)Ownership and Disclosure of Proposal Documentation (14)Intellectual Property Rights (15)Failure or Default of a Bidder (16)Publicity (17)Negotiation and Agreement (18)Governing Law Board of Commissioners Meeting nz im i~nno V.I/ V L/ LVV l 16-1-3 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 REGULAR ITEM: 17 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Chris O'Keefe CONTACT(S): David Weaver, Shawn Ralston, Chris O'Keefe SUBJECT: Consideration of a Resolution Requesting that New Hanover County be Added to Senate Bi111597 - An Act to Authorize Development Incentives in Exchange for Reductions in Energy Consumption BRIEF SUMMARY: Senate Bill 1597, ratified June 30, 2008, allows certain cities, towns and counties to adopt ordinances to grant a density bonus, make adjustments to otherwise applicable development requirements, or provide other incentives to a developer within a local government's planning jurisdiction. The incentives may be offered if the developer agrees to construct new development or reconstruct existing development in a manner that the county or municipality determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption. Currently Senate Bill 52 is being proposed by Senator Soles in order to amend Senate Bill 1597, thereby authorizing Pender County to also offer development incentives in exchange for reductions in energy consumption. It is proposed that the Board of Commissioners adopt the attached resolution requesting that New Hanover County's legislative delegation support amending Senate Bill 1597 to add New Hanover County to this bill in order to enable the County to offer development incentives in exchange for reductions in energy consumption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider adoption of the resolution requesting that New Hanover County's legislative delegation support amending Senate Bill 1597 to add New Hanover County to this bill in order to enable the County to offer development incentives in exchange for reductions in energy consumption. ATTACHMENTS: Resolution Senate Bill 1597 Letter to Senator Boseman COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider adoption of the resolution. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 17-0 ry { NEW HANOVER COUNTY BOARD OF COMMISSIONERS e 2~0 GOVERNMENT CENTER DRIVE, SUITE ~ 75 'WILMINGTON, NC 28~0~ (910 7987~~9 • (910 7987~~5FAX • .~tN~~~~.~o Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner . „ i ~ b~~. Sheila L. Schuh, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO REQUEST THAT NEW HANOVER COUNTY'S LEGISLATIVE DELEGATION SUPPORT AMENDING SENATE BILL 1597 IN ORDER TO ADD NEW HANOVER COUNTY TO THIS BILL TO ENABLE THE COUNTY TO OFFER DEVELOPMENT INCENTIVES IN EXCHANGE FOR REDUCTIONS IN ENERGY CONSUMPTION WHEREAS, the New Hanover County Board of Commissioners recognizes the importance and value of promoting energy efficient and sustainable development practices throughout the County; and WHEREAS, the General Assembly of North Carolina has enacted Session Law 2008-22, Senate Bi111597 which enables specific localities therein named to provide incentives to developers who agree to construct new development or reconstruct existing development in a manner that reduces energy consumption based on generally recognized standards; and WHEREAS, the New Hanover County Board of Commissioners supports the County having authority to provide development incentives in exchange for energy efficient construction. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners requests that the members of our state legislative delegation, during the 2009 legislative session, support legislation which will add New Hanover County to the list of localities which are enabled to enact said incentives per Session Law 2008-22, Senate Bill 1597. ADOPTED this the 2nd day of March, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schuh, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V11.1/VLl1LV1Vl 1~ - 1 - 1 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2008-22 SENATE BILL 1597 AN ACT TO AUTHORIZE CABARRUS COUNTY; THE CITIES OF CONCORD, DURHAM, KANNAPOLIS, AND LOCUST; AND THE TOWNS OF CARP, HARRISBURG, MIDLAND, MOUNT PLEASANT, AND STANFIELD TO PROVIDE DEVELOPMENT INCENTIVES IN EXCHANGE FOR REDUCTIONS IN ENERGY CONSUMPTION. The General Assembly of North Carolina enacts: SECTION 1. Sections 1 and 2 of S.L. 2007-241 read as rewritten: "SECTION 1. Land-Use Development Incentives. ~i~ ~77N(7 Counties and municipalities, for the purpose of reducing the amount of energy consumption by new development, and thereby promoting the public health, safety, and welfare, may adopt ordinances to grant a density bonus, make adjustments to otherwise applicable development requirements, or provide other incentives to a developer or builder within the count or municipality and its extraterritorial planning jurisdiction if the developer or builder agrees to construct new development or reconstruct existing development in a manner that the count or municipality determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption. "SECTION 2. This act applies only to t~Cabarrus County, the Cities of Asheville, Charlotte, Concord, Durham, Kannapolis, Locust, and Wilmington, and to the Towns of .Carrboro, Cary, Chapel Hill, Harrisburg, Midland, Mount Pleasant, and Stanfield." SECTION 2. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 30th day of June, 2008. s/ Marc Basnight President Pro Tempore of the Senate s/ Joe Hackney Speaker of the House of Representatives Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 17-2-1 ry { NEW HANOVER COUNTY BOARD OF COMMISSIONERS e 2~0 GOVERNMENT CENTER DRIVE, SUITE ~ 75 'WILMINGTON, NC 28~0~ (910 7987~~9 • (910 7987~~5FAX • .~tN~~~~.~o Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner . „ i ~ b~~. Sheila L. Schult, Clerk to the Board March 3, 2009 Senator Julia Boseman North Carolina Senate 3 00 N. Salisbury Street, Room 3 09 Raleigh, NC 27603-5925 Dear Senator Boseman, The New Hanover County Board of Commissioners recognizes the importance and value of promoting energy efficient and sustainable development practices. We are aware that the General Assembly of North Carolina has enacted Session Law 2008-22, Senate Bi111597 which enables specific localities to provide incentives to developers who agree to construct new development or reconstruct existing development in a manner that reduces energy consumption based on generally recognized standards. The New Hanover County Board of Commissioners, at their March 2, 2009 meeting, adopted a resolution in support of New Hanover County having the authority to provide the same incentives in exchange for energy efficient construction. We are aware that Senator R.C. Soles is currently sponsoring Senate Bill 52, which is an act authorizing amendment of Session Law 2008-22 in order to add Pender County to the list of localities allowed to provide said incentives. On behalf of the Board, and with your assistance, the Commissioners also request to be added to Senate Bill 52 in order to enable New Hanover County to provide these same incentives listed in Session Law 2008-22, Senate Bi111597. We appreciate your assistance with this important legislation. Sincerely, Ted Davis, Jr. Chairman cc: Representative Daniel McComas Representative Carolyn Justice Representative Sandra Spaulding Hughes County Commissioners County Manager County Attorney County Clerk Planning Director Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 17-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 2, 2009 ADDITIONAL ITEMS ITEM: 18 DEPARTMENT: County Attorney PRESENTER(S): Sharon Huffman CONTACT(S): Sharon Huffman SUBJECT: Consideration of a Resolution Regarding Extraterritorial Planning and Zoning within New Hanover County BRIEF SUMMARY: Senate Bill 173 entitled "An Act to Allow the City of Wilmington to Exercise Extraterritorial Planning and Zoning within New Hanover County" has been filed as a local act. North Carolina General Statute 160A-360 (a) requires County approval when a city with a population more than 10,000 seeks to extend its extraterritorial jurisdiction (ETJ) beyond the one-mile limit granted to cities G.S. 160-360(e) requires that County approval be obtained for city ETJ into any area where the County enforces zoning, subdivision regulations and building codes. This includes the one-mile adjacent to cities. G.S.160A-360(g) requires that a County approve ETJ through a formally adopted resolution. House Bill 313 entitled "An Act Prohibiting a City From Exercising Extraterritorial Jurisdiction in an Area if the County has Adopted and is Enforcing Zoning Ordinances" has been filed as a public act. It is proposed that the Board of Commissioners adopt the attached Resolution requesting that New Hanover County support House Bill 313 and oppose Senate Bill 173. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 18-0 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, Senate Bill 173 entitled AN ACT TO ALLOW THE CITY OF WILMINGTON TO EXERCISE EXTRATERRITORIAL PLANNING AND ZONING WITHIN NEW HANOVER COUNTY has been filed as a local act; and WHEREAS, House Bill 313 entitled AN ACT PROHIBITING A CITY FROM EXERCISING EXTRATERRITORIAL JURISDICTION IN AN AREA IF THE COUNTY HAS ADOPTED AND IS ENFORCING ZONING ORDINANCES has been filed as a public act; and WHEREAS, G.S. 160A-360(a) requires county approval when a city with a population of more than 10,000 seeks to extend its Extraterritorial Jurisdiction (ETJ) beyond the one-mile limit granted to cities. G.S. 160A-360(e) currently requires that county approval be obtained for city ETJ into any area where the county enforces zoning, subdivision regulations, and the building code. This includes the one-mile area adjacent to cities. G.S. 160A-360(g) requires that a county approve ETJ through a formally adopted resolution; and WHEREAS, New Hanover County has adopted zoning ordinances, subdivision regulations and enforces the State building code; therefore, the granting of ETJ to the City of Wilmington would apply City ordinances and regulations to County residents inside the ETJ and County ordinances and regulations to residents outside the ETJ; and WHEREAS, County residents within the ETJ would be subject to ordinances and regulations imposed by City officials who are not their elected representatives; and WHEREAS, the granting of ETJ through a local act disregards the mandates of G.S. 160A-360, and diminishes the legislative powers of elected County officials. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports House Bill 313 and opposes Senate Bill 173. ADOPTED this the 2nd day of March, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 18-1-1 Dear Re: Senate Bill 173 Titled: AN ACT TO ALLOW THE CITY OF WILMINGTON TO EXERCISE EXTRATERRITORIAL PLANNING AND ZONING WITHIN NEW HANOVER COUNTY Re: House Bill 313 Title: AN ACT PROHIBITING A CITY FROM EXERCISING EXTRATERRITORIAL JURISDICTION IN AN AREA IF THE COUNTY HAS ADOPTED AND IS ENFORCING ZONING ORDINANCES On behalf of the New Hanover County Board of Commissioners, I am seeking your support in opposing Senate Bill 173, and supporting House Bill 313, for the reasons stated in resolution adopted by the Board on March 2, 2009. A copy of the Resolution adopted by the Board accompanies this letter. The Board appreciates your consideration in supporting New Hanover County's continued authority to regulate land use decisions in accordance with its own ordinances and regulations in the unincorporated area of New Hanover County. Sincerely, Ted Davis, Jr., Chairman Copy: Commissioners County Manager County Attorney Planning Department Clerk to the Board Board of Commissioners Meeting n2 ~m ~~nna V.I/ V L/ LVV l 18-2-1