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Agenda 2006 07-10 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembb Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wdmington, NC ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD July 10, 2006 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCA TION PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1.1 Public Hearing 27 Text Amendment - Request by the New Hanover County Water Development Task Force to Amend the Subdivision Regulations to Require the Installation of Water Distribution Systems to All New Subdivisions (A-351, 6/06) 5:50 p.m. 1.2 Public Hearing 29 Text Amendment - Request to Add "Barber/Beauty Shop" as a Permitted Use in the I-I Industrial District (A-353) 6:00 p.m. 1.3 Public Hearing 31 Special Use Permit- Request by Long Leaf Wood Products to Consider a Special Use Permit to Expand an Existing Debris Recycling Facility in an AI Airport Industrial District Located at 2829 N. Kerr A venue (S-560, 6/06) 6:20 p.m. 1.4 Public Hearing 39 Special Use Permit - Request by Captain Dolan Little on behalf of Cape Fear River Boats to Consider a Special Use Permit for a Commercial Marina with Floating Structures for a Floating Barge Moored in the Cape Fear River Adjacent to 106/108 South Water Street (S-561, 6/06) 6:40 p.m. 1.5 Consideration of a Resolution of Intent to Close a Portion of Owls Lane and 49 Red Hawk Road Near the 5600 Block of Bavarian Lane in the Murravville Area (SC-82, 06/06) 6:45 p.m. 2. Consideration of A ward of Bid 06-0092 and Approval of Contract 06-0092 to 55 Gregory Poole for the Purchase of a Landfill Compactor and Associated Budget Amendment 07-00 I 6:55 p.m. 3. Appointment of Voting Delegate to the NACo Annual Conference 59 7:00 p.m. 4. Meeting of the Water and Sewer District 61 1 7:30 p.m. 5. Non-Agenda Items (limit three minutes) 7:35 p.m. 6. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 7:45 p.m. 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. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 7:00 p.m. 1. Non-Agenda Items (limit three minutes) 7:05 p.m. 2. Approval of Minutes 63 7:10 p.m. 3. Consideration of Wastewater Master Plan 2006 Update - A ward of Contract for 65 Professional Services and Approval of Associated Budget Amendment 2007-01 7:20 p.m. 4. Update on the Draft NPDES Permit 81 7:25 p.m. 5. 83 Consolidation Effort 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Approval of North Carolina Public Schools Facilitv Needs Survey 9 3. Approval to Elect Standard County Status for Work First Program 15 4. Approval of Request to Change Health Department Fee Policy 17 5. 19 6. Approval of Budget Amendment 23 2006-120 Finance 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Regular Meeting and Closed Session Meeting held on June 19, 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Consent Item #: 2 Estimated Time: Page Number: Department: Budget Presenter: Contact: Cam Griffin SUBJECT: North Carolina Public Schools Facility Needs Survey BRIEF SUMMARY: In accordance with NC General Statue 115C-521, New Hanover County Schools submits a survey of facility needs to the State Board of Education every five years. The survey has been approved by the Board of Education. The survey also requires Board of County Commissioners' certification. A copy of the survey is attached. The New Hanover County Schools administrative staff will respond to questions or make a presentation at a Commissioners meeting if requested. RECOMMENDED MOTION AND REQUESTED ACTIONS: Certify the New Hanover County Schools Facility Needs Survey. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: The survey estimates $310,508,599 will be needed to accommodate projected enrollments of 28,780 through 2014-15 school year. ATTACHMENTS: New Hanover County Schools Facility Needs Survey REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 N.C. Public School Facility Needs ""~ ~ ~ New fla'nover County Schools Cost'Summ'8t;! , Unit: 650 Priority New School Additions Renovations FurnfEqpt Land Total i ~:: i::::~:~~:;o::~m~r F=---t--- ~ :1---1 -r-------:F-~: i I:;~ '~::~';:h~O~~::- ..~3-~ 4437i~95~- :. _ _ 31 3274.56:b25000: .- $50,8965~~ . 1'40 HOWE <1 0 0 2'808.86~:- 0, 0 $2,808.869 _ 1143 [BLOUNT _~____ ~4-'-'__ a--=-- 0 ___ 3,090,517 - 316'~- =-_ 0 -_ $3,~06,B46 ,181 Pre-KCenterA 5 0' 0 0 0 0 $0 308 ICAROLlNA BEACH ELE 1_ 5 [ 0 0 , 0 0 0 $0 310 CHARLES MURRAY MIO",,>- ~ ___0 .1.747. ~__ 82~800 f - 146C~__--___ 0-'2,714.542 312 RACHEL FREEMAN ElE 5 0 0 , 0 0 1- $0 . [--316 COLLEGE PARK ELEM+4 - ---- 0' -- 218B7,530-~591,97~- -914,443 -- - -0 -$9,393~947! i~20 DC VIRGO MIDDLE ~~_=~-ot~~~786'561 - 8,076,056 1,210,379r -- O:~~11:Oj2~ :?24 I~DWIN A ALDERMAN E~~-L___-3 4,129,395 5,714,227 _aO~,6171_____ OJ_~~,~4?,23~ ! 325 EMMA B TRASK MIDOlE' 2 ' 0 0 7.044.904 ~ 0 I $7.044,904 :326 ,EMSlEY A LANEY HIG~2-I__---=11321 0.257 11.918.02 6 1.106,33~,___ -0=_$~~61 0 ! 327 =fUGENE ASHLEY HIGH 5! 0 0 0 0 0 · $0 i n~ri~~~~~~~I~~~;~~AR f=-I=---= ~-~=- ~ .--=-~=~~----~ ~;=~~---=:~- I . I ~ ,__+--________._ ______n._______.____-,-________ _ . _._______.._ I 338 [HEYWARD C BELLAMY 2: O' 2,718,912 3,27B,138 228,194 0 $6i25~244 i '---Tr-t- --- ___u_ --- ._- , 339 iHOLL Y TREE ELEM 5 0 0 I 0 0 0 --- -- $0-1 I. , ._________ ____ ___ ________ ________L_~___ -...-------- --. --------.-. i 340 !J C Roe Eleme'''", 4. 14,387.845 O! 0 1.078.653 r 350.000 I $15.816.498 ~----+------_.._~-_.__.._-----_.,----~~----_.,.._'----_..'"--~------_.- ------ -- ~.__._-_._.. ---.-.-----.....-.--.----...-...-....,---. ._-----_._~~--- 341 JOHN J BLAIR ELEM . 3 14,611.547 0 0 1,078,653 0 $15,690,200. ~;I~~~~'i~~~:~ ;~r:=L-=- :t'-20281O; 'l::::!f~50;: ~---~r-~~1:E ! 348 Murrayville Road Elem 5 0 0 I 0 0 ' 0 $0 I l350 MCSNOBLEMIDDLE~~~~-2l-------O, 4,543.8581 --6,117:992, T~6i330 ----O,d$12;029,180-' 1351 MYRTLE GROVE MIDDl 1 ~ ~ 4.137,164 ~ ::386,221 . - :1$iT958.13'-- ~EW HANOVER HIGH - 3-, - -0. 12.140.970 ! i 1.034.185 1.329:486- 0 '24504,641 - : 353- DR HUBERT-EATON ELE -, 1- - 0 ~ ---or-- - 7~ ~~ - - 6 --,,-- - - $0 f~~ I~K~~~:E~~NTAR;- -; ~,~68,~7~J -~=-~ 'I __=- ~ _ ~~~-~~~ .. _~~'-~~,180,3:~n-1 360 tROTH"" JOHNSO". r- 4 -L-=-- 01=____ ----=.0 __ 3.525,678 _.:.Soo,i90t= 0 1!."'-'5"-"-- I 382 I PINE VAllEY ElEM : 3 + 14.605.869 ' 0 t .619~ I 1.076,653. . 0 $15.664 .522 : 3641 ROLAND-GRISE MI"':~ ~_ - - u -f 5654:118: 6646.1".,....702;03: I m __-"~ $i2:9023~ 366 lOR JOHN CODINGTON E 5 0 0 -I-- fr 0 0 , $0 ~ ~~:: ~~KRr~~~-~--t~------=--~f- 2,?B~,97~._ 2,50T16~___ _ _~8,51: ,~ . n~l.$5'_1~_~~~~1 ::~ I:~~::~~~EM i: ---:1:::-- ~ ::~~::~.. :::;:~I --:F~:~~::;~-' 1 400 WINTER PARK MODELET5 -aT n~ol-u~-o ,----u--o'- (J1--------$ol . 404 WRIGH-TSBORO ELEM-!--4-------0!u------ot2,930,074 ' - - 197,53K~------nO'--$3:127,609-1 ..__J_u________u___.1.....:__...1_ _ __----'---__ _________1__..___1___ _1______. New Hanover County Schools Facility Needs printed: 5/15/2006 Page 1 of 2 ---------.---..---..-........- 10 N.C. Public School Facility Needs "r 0 'v> New Banover'eounty Scho'ols eost Sl.Imma~ , Zk " , , k Unit: 650 Priority New School Additions Renovations Fum/Eqpt Land Total L_40~I~TSVILLE BEACH 1-4-!~- ~_ 3)15,~94. _ 2,355,24~ _, 619,8~ r-=-_=-o[- $6,~?,797l Totals: r~3~~5,783L_~I237,9~ 118,216,61~.~20,808,25~~_~O~,~OOL~10,5~8,599 ..! New Hanover County Schools Facility Needs printed: 5/15/2006 Page 2 of 2 ^"---..--------.-...- . 11 N.C. Public School Facility Needs Planned Capacity (future) UNIT" 650 ~~--_.--I " Capacity Units Needs Pre-K K-5 I Middle! High K-12 i 100 IEdw'" A"de",," EI~ 0 , J f 0 Now S,hool (U"d" Coo.l 0 -'9~ 1--:: ~-I__ -",595- 11O_'IE~me",a~ 5,"001 E ~~ 0 New S'hool (U",," Coo~ 0 _ 595 _ -~J 595 ~ 111 ,Middle ","001 BB ~ 0 0 New S,hool (U""" Coo", _ 0 _0 , 966 :-----"- 966 ~H'9hS'hOOIBBB ___, 0 0 NewS,hool ~ -t--o~ 1,590 r 140 rOWE ~ 0 Renovations 216 0 0 0 I 0 143 BLOUNT - - _ ~I_ - 0 0 R,"o,.lIooo 1- : 288 --_0 ----- () - 4 0 I 181 Pre-K Center A 0 I 0 none needed 200 0 0 0 0 ~ 304 BRAOLEY CREEK ELE; I:~ -- 3~ 2 1:""""fffiOO,.IIOO _ i _ 0 5~1--___o h 595 ~CAROLlNA 8EACH ELE _490 t= 357-'---'- 0000 ne'''e~ __: _ 0 418 _ 01 0 , 418 , 310 [CHARLES MURRAY MIO 904 Il1 () ,_ 0 T''''~oIrnoo''"o~_ 1_ ---"'-- 0 : 9a- ~ 1 966 312 RACHEL FREEMAN ElE 569 4911 0 none needed 0 I 491 0 0 491 ~ 3161COLlEGE PARK ELEM 4561 - t -1a<id",Oolrnoo"'~-, 1- 59~ --:0: - 0 I 595 l"'o ID C VIRGO MIDDLE 391 541 0 1''''IOOfffi"~'"OO 0 0 541 0 541 ~ED"'NAALDERMA"EL__~ 327 __ 5 'ddlllonh,"~atlo"1 ~r 595__J-01 595 325 EMMA B TRASK MIDDLE 801 728 I 2 Renovations I 0 0 728 0 728 1332 ,GREGORY ELEMENTA1_ "-: I 595 o-tooo "eeded_ _ ~---",L ~ _ __ 0 I _ _0_1 595 1-'3~HEYWARD C BELLA~ ~ _4~_,--:''''"00","~a~" '_ -" __5;51~_OL -"- 595 1339 HOllY TREE ELEM, ,.1 4981~~~__~e needed.~~~i_ ,u~ I ,u, .,-_,?, 481 1340 'J C Roe Elem'"ta~ '" I _ 0 ',~I 0 INew S,hool (Replaee," ,0, 595 '_OJ'' -', 595 L 341 IJOHN TBLAIR ELEM- u:..246 '---490 -=C~JNew-SchoOI (Replace on. -- .~_ =--595 1:-_.0-~ -- 0' 595 I 342 IJDHN T HOGGARDHIG t 1 '~~1'5 10 ! _, la"",oofreoo,.lIoo L () ___-01-"1,5-'011 ,590 i 346 'MARY C WILUAMS ELE 463 4:::IJ R,"~.lIooo t- 0 469 j 0 0 , 469 1348 Murrayville Road Elemu--r-oT- '-595 0 none need~--- .- -01 -.595 'u, - 0 ! ',__n () 595 1:3-",-M(;S NOBLE MIDDlE -f~ _ 650; 4 '."",oofrnoo,.lIoo ,1_ ~:O-=~:8 966 : 351 iMYRTLE GROVE MIDDL_ 801 _-"'~_4a"",oolrn",,""on f __ _O! _0 f---"'6 __ -", 966 1352 INEW HAN~VER HI~", I ~620 ,~~O , 0-1'''",oolrn''''''~:~ee 00 1_0 I ~;l ~1'5,"-1 1,590 I 353 DR HUBERTEA TON ELE , 5521 _ 4B.'L 3 _ -100"' "eeded _ it81 _--"- _ _-"- 481 l~54 LAKESIDE 236 I__~~'1- Ou_INew School (R..:Plac-=-~..I1.....,-_ 0_ ___ 0 _n .~L 320 320 I ""'10GDEN ELEMENTAR>, _ ---iTs! _261J-Om on", "eoded m _ __----'---_ 0 _595_ ,_ -i--- 0 595 i~60 e.OR~THY B JOHNS~N 294! _~79 0 _Renovations _ _ _ _ L ~ l ~7~L _ _ 0 __.9 ! 379 , 362 JPINE VALLEY ELEM _ 613! ~ it- 4 INe_--S,"ool (Re~a" ,," 1=----<>L 595 ! _ 0 I 0 595 364 IROLAND-GRISE MIDDLE ___797, 7551 ~,",d"onJrnon"""" _ : 1_ ot- "-66, _--" i 966 ~366 lOR JOHN CODINGTO~J 5:: I 481, --"----"'000 ",a<ied ___ _ 0 481 _ -' _0 I 481 : 36~ ISUNSET PARK ELEM 448 ~~ _~""'oolceoo"""" + _ 0 ---'95 '--_ _0 ~ 0 595 380 jWAL TER L PARSLEYEL 627 491 ~ I~~"' ""ded 0 I 491 I 0 J 0 491 : ~84YNNIE H S~IP!.S-~LEM l=__=~o ~~~ O~ R=~~vati~~s-----=-=- ~ 0 .__606 ~ --__~I oi 606 1392 WILLISTON MIDDLEu___L_u9.~2uL~~~.!~e_novations~ ___J~__~_u _OJ_~1.?'_n_ 0 810 -----------..-..--- - ------_.._------~-_._- ---_._--~------ --. ------- - ----------~--.._,._.- Capacity Plan Summary - New Hanover County Schools printed: 5/15/2006 Page 1 of 2 ------.--- 12 c____~~." N.C. Public School Facility Needs I 400 !WINTER PARK MODEL E . :::r:~ I_~ I~:~~::::~ :....::=-' =j:~ . r-r-:.;:- i 4~IGHTSBORO ELEM 2851 132-1- 7j""","'",""",t'oo ~O.-2721- 0-0' 272 I 1~08 -WRIGHT~~~~E BEACH ________J__~..______. _._____ ______ _,_.__L_________.__.~_____'_______ _____J I l Totals: 23,020 21,792 80 Planned Capacity: 704 13,601 6,909 8,270 28,780 ---------------------,-,---- ..~ .- ~---- ----- K-5 Middle High K-12 Proj Enrollment 14/15: 12,829 6,510 8,801 28,140 Current Capacity: 10,253 5,074 6.465 21,792 Difference: 772 399 (531) 640 ADM 2004/05: 10,652 5.418 6,950 23,020 Difference: (399) (344) (485) (1,228) Capacity Plan Summary - New Hanover County Schools printed: 5/15/2006 Page 2 of 2 13 This page intentionally left blank. 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Consent Item #: 3 Estimated Time: Page Number: Department: DSS Presenter: LaVaughn Nesmith, Wanda Marino Contact: LaVaughn Nesmith SUBJECT: Approval to Elect Standard County Status for Work First Program BRIEF SUMMARY: It is time for counties to begin the Work First Biennial Planning for the Federal Fiscal years 2007-2009. The Deficit Reduction Act (ORA) of 2005 and some planned programmatic changes will have an impact on Work First, North Carolina's Temporary Assistance for Needy Families (TANF) program. The TANF program has been re-authorized through FFY 2010 and as more information becomes available, the State will provide additional guidance regarding the impact of the new federal regulations and any subsequent programmatic changes on the Work First program. By August 31, 2006, each county must notify the Department of Health and Human Services (DHHS) of its decision to select either standard or electing status. The decision must have the support of three-fifths of the Board of Commissioners. In compliance with these requirements, the Board of Social Services voted on June 28, 2006, to recommend that the Board of County Commissioners notify the State that New Hanover County again requests Standard County status, and appoint the 2005-07 planning committee to develop the new plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of request to select Standard County status for the Work First plan for the Federal Fiscal Years 2007 -2009; and approval of the 2005-07 planning committee to develop the plan for 2007-09. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 15 This page intentionally left blank. 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Consent Item #: 4 Estimated Time: Page Number: Department: Health Presenter: Kim Roane, Business Manager Contact: Kim Roane, Business Manager SUBJECT: Request to Change Health Department Fee Policy BRIEF SUMMARY: The New Hanover County Health Department (NHCHD) requests fee policy changes to reflect a change to accept patient declaration of income for family planning patients in the Women's Health Program to comply with state requirements. Other changes include four new laboratory service codes and a change in language for a sliding fee scale application for limited physicals. There will be no significant change to revenues or expenditures as a result of these changes. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the revision to the New Hanover County Health Department Fee Policy to include the fees and language changes as listed. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Recommended NHCHD Fee Policy Changes ~ ~.::'::-: Fee Policy changes July 05 NHCHDdoc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 New Hanover County Health Department Fee Policy Requested Changes . Change to the Fee Policy page 8 Letter F statement should read as follows (Bold notes change): The NHCHD will require "proof of income" to reduce charges when applying the sliding fee scale. If a patient is unable to produce this required information, they will be placed on a 100% sliding fee scale status, for a period of ten (10) business days. If proof of income is provided within the ten business-day period, the patient will be billed accordingly, If proof of income is not provided within the established time frame, the patient will be billed at 100% for all patients with the exception of Family Planning patients in the Women's Prevention Health program. The NHCHD representative has the right to verify income information in all cases, however the patient must read, understand, and sign the income statement (Page 35) in order for their income to be checked. The sliding fee scale does not apply to all services. Services with flat rate fees do not require proof of income. In extreme or unusual circumstances, the Health Director or designee may make exceptions. . Change to the Fee Policy page 12 Letter 8-#3 statement should read as follows (Bold notes change): Full charges will be assessed if patient income falls at or above 250% of the Federal Poverty Level. Patient's declaration of income shall be accepted for Family Planning patients receiving services in the Women's Preventive Health Program. LU Codes for Limited Phvsicals . Patient with Medicaid or third party insurance will be given the following choices at the time that the appointment is scheduled. 1. To sign a form giving permission to do an abbreviated physical capturing the information that is requested on the form brought by the patient for completion. A fee based on type of physical will be charged to the patient. 2. To have a full physical and bill Medicaid or third party insurer for this service. 3. To have a full physical with charges based on sliding fee scale. . Changes to Fee Policy page 13 Letter D statement should read as follows (Bold notes changes) Children seen for Child Health Services will be charged in accordance with the NHCHD Sliding Fee Scale (Page 29) with the exception of Limited Physical Examinations. (see E below) . Changes to Fee Policy page 13 new category add Limited Services should read as follows: E. Limited Physical Examinations Limited Physical examinations for such needs as sports, employment, camp, colleges, kindergarten, daycare, foster care, scouts, head start programs are offered as an option to patients. These physicals will be provided at a flat rate per each type of physical examination, determined by the amount of lab tests and special screenings required. Fee Schedule LU203 - Limited Physical: Employment $35.00 LU206 - Limited Physical: Day Care $45.00 LU207 - Limited Physical: Head Start $65.00 LU208 - Limited Physical: Sports $35.00 LU209 - Limited Physical: Foster Care $65.00 LU210 - Limited Physical: Camp $35.00 LU211 - Limited Physical: Scouts $35.00 LU212 - Limited Physical: College $65.00 LU214 - Limited Physical: Kindergarten $65.00 Patients shall be offered the option of a Limited Physical Examination at a flat fee for the service, or to receive an initial/periodic Comprehensive Preventative Medicine Evaluation and Management Visit that will be billed to Medicaid or third party insurance or paid by patient based on the Sliding Fee Scale. Lab Codes . 85025 (complete CBC with Diff) fee $20 . 84152 (PSA) fee $40 . 82150 (Amylase) fee $15 ---~.._---_._.-. ~-~~_._.,-_.- 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Consent Item #: 5 Estimated Time: Page Number: Department: Health Presenter: Janet McCumbee, Personal Health Services Manager Contact: Janet McCumbee, PHS Manager SUBJECT: Grant Application - Cape Fear Memorial Foundation (CFMF) - Child Service Coordination - Personal Health Services - $260,000 BRIEF SUMMARY: One of the greatest needs we have identified in our work with families with young children is behavior management and family counseling around children with atypical behaviors. We are seeing more and more children "out of control" in homes and in preschools, with frustrated parents in need of help. Home visiting for family counseling and behavior management by a Licensed Clinical Social Worker (LCSW) will eliminate transportation problems and provide assistance in the most natural environment - the home. It is imperative that we tackle behavior problems early in a child's development, to avoid discipline issues in school and possible juvenile delinquency. We have received permission from CFMF to submit a grant application in July 2006 to fund a full-time LCSW for three years (salary/fringe/operating and administrative support) in our Child Service Coordination Program to provide this service. No County funds would be required. RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve the submission of a grant application for $260,000 (divided over three years) to CFMF for Child Service Coordination, and to approve any resulting budget amendment if the grant is awarded. Funding Source: CFMF FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: If CFMF approves the grant, these funds will support the position for three years. No County funds would be required. Some Medicaid revenue may be recognized from the services provided by the LCSW. The position will be eliminated when grant funding ends. ATTACHMENTS: The grant application is available for review in the County Manager's Office. ~ GrantApp - CSC Fin Page -Attach.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: Approve 19 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 20 I PART III: FINANCIAL INFORMA TION I 1. Amount requested from Cape Fear Memorial Foundation. (If multi-year funding is requested, also specify how you wish this to be paid per year.) Three - year funding total request of $260,000 Year 1 :;:: $86,000, Year 2 :;:: $85,000, Year 3:;:: $89,000 2. Develop a complete project/program budget; including expenses and income, for the period you are requesting funds. Also, please attach a copy of your most recent (a) 990 and (b) audit or financial statement with this application. Project Budget: From October 2006 To September 2009 Description Year 3 Description Year 3 Salary/Fringe NHCHD Lise. Clinical Social Wkr. 66,500 70,000 73,600 In-Kind Contributions: Admin. Support Salary/Fringe: Tech. 10 hours/week 10,200 10,700 11,200 Supervisor & Administration 8,000 8,500 9,000 Cell Phone 200 200 200 Printing 1,000 500 200 Office Space / Utilities / Department Supplies: Housekeeping 1,500 1,600 1,700 Supplies 1,000 1,000 1,000 Equip. (PC/Printer) 2,500 0 0 Office Furniture 2,000 0 0 Rev. Generated 0 0 4,000 (May potentially offset expenses) Mileage 1,200 1,400 1,600 Training / Travel 1,400 1,200 1,200 Total Budget 86,000 85,000 89,000 Total Budget 9,500 10,100 14,700 Total 3 Yr. Expenses: $260,000 Total 3 Yr. Income $34,300 -",- 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Budget Amendment Consent Item: 6 Estimated Time: Page Number: Budget Amendment Number: 2006-120 Department: HUD DRI Capital Project BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the HUD Disaster Recovery Initiative Capital Project ordinance: Section 1. To Amend the HUD Disaster Recovery Initiative Capital Project Fund, the appropriations are to be changed as follows: Expenditure Decrease Increase HUD DRI Capital Project Transfer to Enterprise Fund (800) $155,904 Capital Project Expense $15,649 Revenue Decrease Increase HUD DRI Capital Project Sales Tax Refund $ 15,957 Interest on Investments $124,298 EXPLANATION: For accounting purposes only; to close fund 380 - HUD Disaster Recovery Initiative ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 This page intentionally left blank. 24 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1.1 Public Hearing 27 Text Amendment - Request by the New Hanover County Water Development Task Force to Amend the Subdivision Regulations to Require the Installation of Water Distribution Systems to All New Subdivisions (A-351, 6/06) 5:50 p.m. 1.2 Public Hearing 29 Text Amendment - Request to Add "Barber/Beauty Shop" as a Permitted Use in the I-I Industrial District (A-353) 6:00 p.m. 1.3 Public Hearing 31 Special Use Permit- Request by Long Leaf Wood Products to Consider a Special Use Permit to Expand an Existing Debris Recycling Facility in an AI Airport Industrial District Located at 2829 N. Kerr A venue (S-560, 6/06) 6:20 p.m. 1.4 Public Hearing 39 Special Use Permit - Request by Captain Dolan Little on behalf of Cape Fear River Boats to Consider a Special Use Permit for a Commercial Marina with Floating Structures for a Floating Barge Moored in the Cape Fear River Adjacent to 106/108 South Water Street (S-561, 6/06) 6:40 p.m. 1.5 Consideration of a Resolution of Intent to Close a Portion of Owls Lane and 49 Red Hawk Road Near the 5600 Block of Bavarian Lane in the Murrayville Area (SC-82, 06/06) 6:45 p.m. 2. Consideration of A ward of Bid 06-0092 and Approval of Contract 06-0092 to 55 Gregory Poole for the Purchase of a Landfill Compactor and Associated Budget Amendment 07-001 6:55 p.m. 3. Appointment of Voting Delegate to the NACo Annual Conference 59 7:00 p.m. 4. Meeting of the Water and Sewer District 61 7:30 p.m. 5. Non-Agenda Items (limit three minutes) 7:35 p.m. 6. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 7:45 p.m. 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. 25 This page intentionally left blank. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 1.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment - Request by the New Hanover County Water Development Task Force to Amend the Subdivision Regulations to Require the Installation of Water Distribution Systems in All New Subdivisions (A-351, 6/06) BRIEF SUMMARY: At their regular meeting on June 1, 2006, the Planning Board recommended adoption of the proposed changes to the Subdivision Regulations by a vote of 6-0. No public comment was received. The changes would require developers to install dry water distribution systems during the development of new subdivisions, similar to the existing requirement for dry sewer systems to be installed. This requirement would minimize future disruptions to subdivisions to construct future water systems. The Water Development Task Force, of which Vice- Chairman Caster is a member, has encouraged this request. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board voted 6-0 to recommend approval. The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: iii A-351- water lines staf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 CASE: A-351, 6/06 Applicant: Staff REQUEST: Subdivision Regulation Text Amendment for Article V, Section 52-3 (1), requiring the installation of water distribution systems in all new subdivisions. Planning Board Action: At their regular meeting on June 1, 2006, the Planning Board recommended adoption of the proposed changes to the Sub-Division Regulations by a vote 6 - O. No public comment was received. (Proposed text amendments are in italics) Section 52-3 (1): Water Supply All subdivisions shall be connected to the water system ofthe applicable local governmental entity in order to provide water to every lot within the subdivision. Mains shall be constructed in accordance with established standards and policies. Water connections shall be constructed under the supervision and approval of the appropriate governing body. If a connection cannot be made to the local governmental entity's water system, the subdivider shall submit to the appropriate governing body along with the Preliminary Plat a letter of approval of water supply signed by the appropriate authority. The subdivider shall install these facilities in accordance with the approved plans. Water distribution systems shall be installed in all new subdivisions. STAFF SUMMARY The New Hanover County Water Development Task Force recommends that all new subdivisions be required to install a water distribution system which shall be designated and built in accordance with the provisions of Chapter 56, EP AlDEM requirements and those performance criteria policies and specifications as promulgated by the New Hanover County Water Development Task Force and adopted by the County Engineer and County Fire Marshall. The purpose of this recommendation is to insure adequate water to maintain public safety in case of fire. 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 1.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment - Request to Add "Barber/Beauty Shop" as a Permitted Use in the 1-1 Industrial District (A-353) BRIEF SUMMARY: At their regular meeting on June 1, 2006, the Planning Board recommended adoption of the proposed changes to the Zoning Ordinance by a vote 6-0. No public comment was received. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board voted 6-0 to recommend approval. The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ,...",. . -- A-353.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 CASE: A-353, 6/06 Applicant: Staff REQUEST: Zoning Text Amendment for Article V. District Regulations, Table of Permitted Uses Planning Board Action: At their regular meeting on June 1, 2006, the Planning Board recommended adoption of the proposed changes to the Zoning Ordinance by a vote 6 - O. No public comment was received. The proposed text amendment adds Barber/Beauty Shop as a permitted use in the 1-1 Industrial District Section 50-4: Table of Permitted Uses Table of Permitted Uses PO R-20S R-20 R-15 R-10 B-1 B-2 1-1 1-2 0&1 AF AI SC Barber/Beautv Shoo p P P P p STAFF SUMMARY Staff suggests that Section 50-4 Table of Permitted Uses be amended to include Barber/Beauty shops in the 1-1 Industrial District. The stated purpose ofthe 1-1 Industrial District is to provide areas for industrial type uses which do not create an excessive amount of noise, odor, smoke, dust, air-bourne debris, or other objectionable characteristics which might be detrimental to surrounding areas. The proposed addition of Barber/Beauty Shops will not create any of those characteristics listed as objectionable, The scope of uses currently permitted in the 1-1 Industrial District includes certain service uses typically associated with business districts, such as business services, including printing, dry cleaners, electrical repair shops, and watch and jewelry repair. Adding beauty/barber shops would appear consistent with existing inclusion of a limited variety of service-type businesses in the 1-1 Industrial District. The 2006 CAMA Plan Update supports the idea of incorporating light industrial into mixed use area as well as placing commercial uses within close proximity to the markets they serve. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 1.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit - Request by long leaf Wood Products to Consider a Special Use Permit to Expand an Existing Debris Recycling Facility in an AI Airport Industrial District located at 2829 N. Kerr Avenue (S-560, 6/06) BRIEF SUMMARY: The New Hanover County Planning Board voted 6 to 0 to recommend approval for a Special Use Permit removing the 6,000 cubic yards per quarter limitation for a vegetative debris recycling facility in AI- Airport Industrial district at 2829 N. Kerr Ave. (S-560, 06/06). Two adjacent neighbors expressed concerns about traffic on the private access easement and maintenance of the easement. The easement is not owned by the applicant. The Board encouraged all parties to work cooperatively to maintain the access easement. The Board placed the following conditions on the permit: 1. Petitioner must secure all necessary permits from NCDENR and remain in compliance with all applicable rules relating to the State permit. 2. Petitioner should make application to the Division of Waste Management for necessary permits within 60 days of issuance of this Special Use Permit modification. 3. A copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the State. 4. The new order removes Finding 2.(C) of the original S-487 order granting a Special Use Permit. All other standards noted in the order granting S-487 remain in effect. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board voted 6-0 to recommend approval. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ........ - -- 5-560 Find of Facts-Revised2.doc S - 56 0 Petition Sum adjacent property land owners map, site plan, and project narrative ITEM DOES NOT REQUIRE REVIEW 31 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the addition of item 3.0 from the original permit S-487 to the current finding of facts. It reads, "The facility shall not emit dust, smoke fumes or vibrations detectable on adjacent properties." The Board requested that staff receive a copy of the State permit when received. 32 Case: S-560, 06/06 APPLICANT: Long Leaf Wood ProductslBlue Horizon REQUEST: Modification to Special Use Permit S-487 for a Vegetative Debris Recycling Facility ACREAGE: 10.7 Acres LOCATION: 2829 N. Kerr Ave PLANNING BOARD ACTION The New Hanover County Planning Board voted 6 to 0 to recommend approval for a Special Use Permit removing the 6,000 cubic yards per quarter limitation for a vegetative debris recycling facility in AI- Airport Industrial district at 2829 N. Kerr Ave. (S-560, 06/06). Two adjacent neighbors expressed concerns about traffic on the private access easement and maintenance of the easement. The easement is not owned by the applicant. The Board encouraged all parties to work cooperatively to maintain the access easement. The Board placed the following conditions on the permit. 1. Petitioner must secure all necessary permits from NCDENR and remain in compliance with ail applicable rules relating to the State permit. 2. Petitioner should make application to the Division of Waste Management for necessary permits within 60 days of issuance of this Special Use Permit modification. 3. A copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the State. 4. The new order removes Finding 2.(C) of the original S-487 order granting a Special Use Permit. All other standards noted in the order granting S-487 remain in effect. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Vegetative recycling operations exceeding 6,000 c.y. of material per quarter require a Waste Management Permit from the State of North Carolina to assure compliance with state rules. B. The property accesses N. Kerr Avenue via a 60 ft. wide private access easement. C. Fire Service is available from the Wrightsboro VFD. D. The property is not located in a flood hazard area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The operation is prohibited from emitting smoke, dust, or creating glare or other visual hazards in the AI zoning district. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The facility and its appurtenant uses must satisfy the requirements of Article VI, Section 69.13-1(3) 33 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Other industrial uses are in the area. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Transition. B. Policies in the Comprehensive Plan support location of industrial uses outside of environmentally sensitive areas. C. The property is zoned AI Airport Industrial. 34 Case: 8-560,6/06 Petition Summary Data Owner/Petitioner: Brian Hutchinson for Long Leaf Wood Products/Blue Horizon Existing Land Use: Vegetative Recycling Processing Facility Zoning History: October 4, 1976 (Airport) Land Classification: Transition Water Type: Well Sewer Type: Septic Recreation Area: N/A Access & Traffic Volume: Access is offN. Kerr Ave. onto a 60 ft. wide private access road. Traffic Counts: Intersection ofN. Kerr Ave. & Blue Clay Rd. - 13,969 (4/05 ADT)and 12,000 ('01 ADT). N. Kerr Ave., west of Bavarian Lane -14,456 (4105 ADT) and 12,000 ('01 ADT). LOS: Level E on N. Kerr Avenue Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Ness Creek (C, SW) Aquifer Recharge Area: Secondary Recharge area ConservationlHistoric/Archaeological Resources: None Soils: Primarily WO - Woodington fine sandy loam Little bit Ra - Rains Fine Sandy Loam Septic Suitability: Class II: Moderate Limitation, requires modification and maintenance Schools: N/A -, -----_._---_.~----~~.._-._._- --_._--~------- . 35 SUMMARY OF PROPOSED EXPANSION: Blue Horizon Vegetative Recycling & Land Clearing, Inc. is applying for a special use permit to expand its operation. Our current special use permit caps us at 6000 cubic yards per quarter. Weare requesting a special use permit for an unlimited amount and applying for permits from the state for the same amount. This permit gives us the ability to handle larger amounts of material in case of hurricanes. It also allows us to handle the ever growing need for a larger recycling site on the Northern side of the county that is expanding so rapidly. We are currently sending this material to the United Cogen plants and International Paper where it is burned to produce electric for the counties. In addition our goal is to start processing this material into colored mulch for resale to the garden centers and the public in the surrounding areas. We hope that this expansion is seen as valuable to the city and county as We do. We look forward to working with the county and the city in the future with the recycling of the area debris and providing the public with quality mulch recycled from our own communities. 36 3J.\fIll~d N ~ ..!. '" M ~ "0 0 ~ Z L ~ C a 1!J iii <{ c Q. (/) .. (.) "0 " Cl", "t:I 0 c- C .g .- " Gl U" >>"0 Cl " 0 Gl " L ...J n:0- (Q ~.~~ o E.o...J (C ~~~ Q~'O.s *~ .. tn!:.. o =>>.!2'C (0 - (I) co , .- U).~;~ fij I CIJ a. c.. (/) a." 0. ' c)J (/)W~ ~' 37 ~ ~~ idiin ., , ~I z, --'-"'_:~- ~ r ~ ;..\ ~ \ '-; 1\ , \ ~i "I a! II (ijij" ~rtl ;:n]~ ~I ~.. '--. ,I: :~'-~ .. ~' ~ ~i ~I ~I ; ii! ~ i . I ;:jI2 ~ ;: E! ~ ~! H '1 .' I 81 !i i 1 :1 i~ ~: r . . ~ ,I i i ~'.~. ~g; .;;.; ~~~ I m -n I -, ~ ~, ~ '~ ---,- 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 1.4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit - Request by Captain Dolan little on behalf of Cape Fear River Boats to Consider a Special Use Permit for a Commercial Marina with Floating Structures for a Floating Barge Moored in the Cape Fear River Adjacent to 106/108 South Water Street (S-561, 6/06) BRIEF SUMMARY: The New Hanover County Planning Board voted 4 to 2 to recommend approval for a Special Use Permit to operate a Commercial Marina with Floating Structures in a B-2 Highway Business District in the Cape Fear River adjacent to the Wilmington Riverwalk. At the hearing, one adjacent neighbor, representing the residents and business owners of 18 S. Water Street, expressed concerns relating to alcohol use in open areas, noise, the intended uses of the Riverwalk, and the barge's ability to withstand hurricanes. The applicant responded to concerns raised, citing his record of compliance for the business. The County has zoning jurisdiction to the west and waterward of the mean high water line adjacent to the City limits. The Board recommended the following conditions on the permit: 1. Floating structures should be limited to two (2). 2. All activities conducted on floating structures are subject to the County's noise ordinance. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board voted 4-2 to recommend approval. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ""I! "'1 :-.. 5-561 Finding of Facts-Rel'ised,doc S-561 Petition Sum maps and photos 39 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 40 Case: 8-561,06/06 APPLICANT: Cape Fear Riverboats, LLC REQUEST: Special Use Permit for a Commercial Marina with Floating Structures ACREAGE: N/A LOCATION: Cape Fear River near 106/108 S. Water Street PLANNING BOARD ACTION The New Hanover County Planning Board voted 4 to 2 to recommend approval for a Special Use Permit to operate a Commercial Marina with Floating Structures in B-2 Highway Business district in the Cape Fear River adjacent to the Wilmington Riverwalk. At the hearing, one adjacent neighbor, representing the residents and business owners of 18 S. Water Street, expressed concerns relating to alcohol in open space, noise, the intended uses of the Riverwalk, and the barge's ability to withstand hurricanes. The applicant responded to concerns raised, citing his record of compliance for the business. The Board recommended the following conditions on the permit. 1. Floating structures should be limited to two (2). 2. All activities conducted on floating structures are subject to the County's noise ordinance. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The existing operation has two floating structures by the County definition; a floating barge used as a waiting area, more or less permanently attached to pilings, and the riverboat, Henrietta III. B. Fire service is provided by the City of Wilmington. C. Water and sewer is provided by the City of Wilmington. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Water dependent uses are permitted by right in the City of Wilmington ordinance in the Historic District. B. Off-street parking requirements are met within the petitioner's property located in the City of Wilmington jurisdiction. The County's parking requirement is 2 spaces per floating structure to be provided on shore. C. Only the water area is within the County's zoning jurisdiction. A minimum of2,000 sq. ft. of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. The applicant's on-shore property is reported as 8,580 sq. ft. D. Floating structures shall not be located within 15 feet of the waterward extension of all adjacent property lines. E. Each floating structure shall be provided with permanent water and sewer systems, and other standards as specified in 72-31.5. "_____'_._~_^_'_.______'_______,_____.__..__"__"__m~_._~____ --,....~,.,,-'------ 41 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The Wilmington waterfront allows water dependent uses such as the riverboat operation along the Riverwalk. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAMA Plan Update only applies the classification system to land areas. This area is water. B. Policies in the Plan support commercial uses"... within close proximity to the markets they serve..." C. The Riverboat operation is part of the City of Wilmington's Historic Urban Waterfront concept, approved through permit number 149-98 by the Division of Coastal Management. ---~-------- -_.~,~,--,-~,~---,-- 42 Case: 8-561, 6/06 Petition Summary Data Owner/Petitioner: Captain Dolan Little for Cape Fear Riverboats, Inc. Existing Land Use: Riverboat mooring and floating barge in the Cape Fear River Zoning History: NHC Land Classification: Conservation Water Type: City Sewer Type: City Recreation Area: Cape Fear River Access & Traffic Volume: Access is off Water Street and the Wilmington Riverwalk Fire District: City Watershed & Water Quality Classification: Cape Fear River (SC) Aquifer Recharge Area: NI A ConservationlHistoric/Archaeological Resources: Wilmington Historic District Soils: N/A Septic Suitability: N/A Schools: N/A -- -~----_.,~---~---- 43 ~^"T- -=\ ~ ~ r- 1\\ 1 ) ~ ~\ ----i 1 I- 1 ~ rr- \~ \.-l -= \ \ \ \ ~ ~ l~ -". il-J -l 1=r=J ~-n \ \ \ \ l.- I ~ _ \ ,--- ------- \ - L---J \ ~ \ --- \ I- .1-~ I---- \ -=- b ~ \ _ \ ~ 1---\ \ !J '5 ...r----' r-- )-_--'-i := Fl~ r-:: )i~~) AS I air J- ~ JI..,. g)it, c \ I I ~ J-- "_".L == ;.\~ At!.. , . ., '1 ~ ~ ---.--1 \ \ ~ D _~ I _ ""ii . \ \ _ ,> 1 ! 'in _ I-- r "~' \ . - l'.ir i . .31>.< IC'i:/S;t-\i;ci"i P 'ii ~' ", ......... 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Z 'I I "0 z. _ . ~""'~8~~, I Ie: \ ! n" II \ 1.1 I[ I in, II /, '" 1111@'li ' I , I, I .. / II c:::-;:::-. I I \ ~~I "'" I "" , ! 10J <t",., I , ~'/ 1"";, .' .. ~I ffi~' ~ D @ q " ' , ", I I ~ ' rn I I I ~ I II ! I' I ! :1 ~ ' II ' '" ' .O~d'/ 1) '! ~. I " ~,,- c c , , ' ;! i 'I " '. , , " !: I · . iI " II --1't !!l!:rl~) ilj ~i I ' , " . ,,, ',=+ -. " ; " 1 -, " . I I g '!j , . -" I.. I - '_ 45 Attachment 1 Accompanying Materials for "Application for Special Use Permit" New Hanover County Planning 1. Copy of Current Tax Map: Copy of map is attached, exhibit "b". 2. Location of existing or proposed structures to be used in connection with the requested use: There are no additional structures planned at this time. The Barge is existing and in use now as the moorings for the Henrietta III. 3. Location of off-street parking: The Barge is floating in the Cape Fear River. Minimum parking requirements are available in the parking lot of Cape Fear Riverboats, Inc, adjoining the docking facility. 4. Location and dimensions of proposed signs: No signs are proposed for The Barge. 5. Location of site relative to major thoroughfares: Please see attached map, exhibit "c". 6. Setbacks from property lines: Not applicable in the situation of this permit request. 7. Narrative of proposed use: The Barge (name of the vessel) is a floating barge in the Cape Fear River used as moorings and a passenger waiting area for the Henrietta III (see attached photo "1 "), a tour and dinner boat located adjacent to the central business district of Wilmington. We wish to be able to offer our customers beer and wine on The Barge while waiting to board the Henrietta III for our cruises. In order to do so we must have an ABC permit for The Barge since the ABC permits ofthe Henrietta III cannot be used because of the tour boat regulations under which she operates that are of different criterion. Since The Barge is located outside of the Wilmington City Limits (which run between her mooring piling and The Barge itself) (see photo "2"), we are applying to the County for this Special Use Permit. ----- ---.. 46 Exhibit "b" 103.95 47.69 * --OOCK- \-..- .,.".'- >,- ...-".- ,.--- ,-----' 55.41 41.7 V 31 (41 ) \ ~101 \1M101 R05308-006-005-000 -,cSt O"l\ :~ 106 \~ ~, * 08-00~~0 1-000 \*101 ;, \ 52.84 42.4 (50) \ ..---,-",.," R09999-9 A\:.\:.EY 145.63 (52) \ 10B \ ? ? \~05308-005-002.000 \<.0 \:~ '<.0 \~ i <.0 <.0 R0530B-006-004-000 \ 102 (62) 005-014-'000 IV:> \O"l \ 115 \v 121.9 .--. __--M-\d-~ (]1 -J --' ? (25) ~ (]1 CP -J (]1 <.0 - .-- - -- - 47 riI · . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 1.5 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Resolution of Intent to Close a Portion of Owls Lane and Red Hawk Road Near the 5600 Block of Bavarian Lane in the Murrayville Area (SC-82, 06/06) BRIEF SUMMARY: Northside Baptist Church has petitioned New Hanover County to close a 1,226 foot portion of Owls Lane (SR 2616) and a 561 foot portion of Red Hawk Road (SR 2617). In accordance with N.C.G.S. 153A-241, a Resolution of Intent to close a road or easement must be adopted prior to scheduling a public hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny a Resolution of Intent. If the Resolution of Intent is adopted by the Board, a public hearing on the matter will be held on Monday, August 14, 2006. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ':;,I! ':;il! ;,;;;;;;; :." :-.. 5 C-82.doc Resolution of I nlent to close Owl:;: Lane.doc Resolution of I ntenl to close Red Hawk Road.doc adjacent property owner map, Clyde Holley letter ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 49 NON-PUBLIC HEARING ITEM Resolution of Intent to Close a Portion of Owls Lane and Red Hawk Road (SC-82, 06/06) Petitioner: Northside Baptist Church Location: Near the 5600 Block of Bavarian Lane, Murrayville area Back2round Northside Baptist Church has petitioned New Hanover County to close a 1,226 foot portion of Owls Lane (SR 2616) and a 561 foot portion of Red Hawk Road (SR 2617). Both roads are located on the north side of Bavarian Lane in the Murrayville area off North College Road and are a part of Plat Book 46, Page 286. In accordance with N.C.G.S. 153A-241, a Resolution ofIntent to close a road or easement must be adopted prior to scheduling a public hearing. A site map depicting the segments of road to be closed is attached. Both roadways contain a 60 foot right of way and are improved. Staff Comments As depicted on the site map, both roads serve access to several tracts of land that have been purchased by Northside Baptist Church. County Engineering may require utility or drainage easements along the roadway. County Fire Services may require turn-arounds for large emergency vehicles if the roads are closed. Future development and alternative access options should be considered by the Board in deciding whether to proceed with the Resolution of Intent to close one or both roads. If the Resolution of Intent is adopted by the Board, a public hearing on the matter will be held on Monday, August 14, 2006. -,-,---,-~'- 50 New Hanover County Planning Department County Annex Building 230 Marketplace Drive, Suite 150 David F. Weaver Wilmington, NC 28403 P 910.798.7165 Acting Planning Director F 910.798.7053 June 6,2006 Mr. Clyde Holley Northside Baptist Church 2501 N. College Road Wilmington, NC 28405 Re: Road Closing Application (SC-81, 06/06) Partial Closure of Owls Lane & Red Hawk Road Dear Mr. Holley: Please be advised that your road closing application has been received and is being processed by the New Hanover County Planning Department. Your request is to close a portion of Owls Lane and Red Hawk Road located on the north side of Bavarian Drive near Murrayville Post in north central New Hanover County. The following time table has been created for the road closing application and will culminate with a public hearing before the Board of County Commissioners if the Resolution of Intent to close the road is adopted by the Board. Resolution of Intent Monday, July 10, 2006 Advertised Star News Friday, July 14,2006 Advertised Star News Friday, July 21,2006 Advertised Star News Friday, July 28, 2006 Advertised Star News Friday, Aug. 4, 2006 Public Hearing (if resolution adopted by Bd) Monday, Aug. 14,2006 The County Commissioners will meet on Monday, July 10 beginning at 5:30 p.m. in the General Assembly Room of the Old County Courthouse, 24 North Third Street to consider the Resolution of Intent. If you have questions or concerns, feel free to contact me at 798-7441. Sincerely, f: Cl;'7l.4CrU"'~} S.A. Burgess Planner ------'- 51 Resolution of Intent to Close a Portion of Owls Lane Murrayville Area Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a road: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Owls Lane (SR No. 2616, 60' right of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198437.458', E = 2340284.154' and is located North 71 degrees 51 minutes 16 seconds West - 541.51 feet from NC Grid Monument "BONNIE" which has NC Grid Coordinates (NAD 83) of: N= 198268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 394.18 feet from the point where the northern right of way line of Bavarian Lane (SR No. 1322 is intersected by the eastern right of way line of Owls Lane. Running thence, from the said point of beginning, and crossing Owls Lane, South 71 degrees 39 minutes ]4 seconds West - 60.00 feet to a point in the western right of way line of Owls Lane; thence, with the western right of way line of Owls Lane, North] 8 degrees 20 minutes 46 seconds West - 71] .70 feet to a point at the beginning of a curve; thence with the western right of way line of Owls Lane as it curves to the left a chord bearing and distance of North 48 degrees 30 minutes 22 seconds West - ] 66.40 feet to a point (Centerline Curve Data: Delta = 60^] 9'] 2", Tangent = 113.66', Radius = 195.60'); thence, continuing with the right of way line of Owls Lane, North 78 degrees 39 minutes 46 seconds West - 281.45 feet to a point at the end of Owls Lane; thence, with the end of Owls Lane, North 04 degrees 35 minutes 07 seconds East - 60.49 feet to a point in the right of way line of Owls Lane; thence, with the right of way line of Owls Lane, South 78 degrees 39 minutes 46 seconds East - 288.55 feet to a point at the beginning of a curve; thence, continuing with the right of way line of Owls Lane as it curves to the right a chord bearing and distance of South 48 degrees 30 minutes 22 seconds East - 226.69 feet to a point (Centerline Curve Data: Delta = 60^] 9' 12", Tangent = 1] 3.66', Radius = 195.60'); thence, with the right of way line of Owls Lane, South 18 degrees 20 minutes 46 East-711.70 feet to the point of beginning, containing] .65 acres more or less computed by the coordinate method. All bearings are in angular relation to NC Grid North (NAD 83) and all distances are horizontal field measurements. Now, Therefore, be it resolved that this Board is considering closing a portion of Owls Lane to public use and that a public hearing on this question will be held on the 14th day of August 2006 at 2:00 p.m. in the Assembly Room of the Historic County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the lOth day of July 2006. Robert G. Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board -~-,~---~_.__._~-- ---- 52 Resolution of Intent to Close a Portion of Red Hawk Road Murrayville Area Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a road: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Red Hawk Road (SR No. 2617, 60' right of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198641.402', E = 2339721.355' and is located North 69 degrees 00 minutes 41 seconds West - 1092.94' feet from NC Grid Monument "Bonnie" which has NC Grid Coordinates (NAD 83) of: N = 1928268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 698.52 feet from the point where the northern right of way line of Bavarian Lane (SR No. 1322 is intersected by the eastern right of way line of Red hawk Road. Running thence, from the said point of beginning crossing Red Hawk Road, South 71 degrees 39 minutes 14 seconds West 60.00 feet to a point in the western right of way line of Red Hawk Road; thence, with the western right of way line of Red Hawk Road, North 18 degrees 20 minutes 46 seconds West - 45.75 feet to a point; thence continuing with the western right of way line of Red hawk Road, North 04 degrees 35 minutes 15 seconds East - 546.91 feet to a point at the end of Red Hawk Road; thence, crossing Red Hawk Road, South 78 degrees 39 minutes 46 seconds East - 60.42 feet to a point in the eastern right of way line of Red Hawk Road; thence, with the eastern right of way line of Red Hawk Road, South 04 degrees 35 minutes 15 seconds West - 527.63 feet to a point; thence, continuing with the eastern right of way line of Red Hawk Road, South 18 degrees 20 minutes 46 seconds West - 33.58' to a point of beginning containing 0.79 acres more or less as computed by the coordinate method. All bearings are in angular relation to NC Grid North (NAD 83) and all distances are horizontal field measurements. Now, Therefore, be it resolved that this Board is considering closing a portion of Red Hawk Road to public use and that a public hearing on this question will be held on the 14th day of August 2006 at 2:00 p.m. in the Assembly Room of the Historic County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the loth day of July 2006. Robert G. Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board --"".",---- 53 ~.. "'Z-<t- ~ ~ '0 Z 0 w ""i' ~ Ii _1"1" r '-I" 'rl.~' I' 'ff 1'[ 'I" ~ <I: "C Z rc e: "" ~ e: ;= .~ ~ ~!'r-+-r- - + -r - +- - - w m.<:: '" :rf! 15.. ~ (\J "0::1 "0 Cl <Xl i i I i I II i I I a>'<:: "t:I ~ .~ ~ n:o : ~i t ! ~I ::21~::E ::E1::E ...J ~!:::!i C , d Ir I '''' 1::5 d I I d Id -' -' 1-' " d!" ~~ 8,r)....~ : "'i~1 I" ;<1"'1 I" ;:!;:. ;: ;:,;: Iii ;:,,,, ~ c. G,) ;..,::":".;j. . ! ~ I" !e: i~ ~ I~ 1 i/;i >- ~ l~ I ~ ~ I~ ~ I~ Ii .!~ ...J u...: to ~-8 '~ " ~ I~ I" I~ '" ~ I" "" I" iP I I;: is I'" ~ 1-' is iiS 8 ~ liS is is is tt is I ~ o~ O'll! 'iT c."1 'r!'! to .. t: I ~:'5' ~ i ~ L Ie ~ ~ I~ '" ~ ,,~ I '" o ~~ b , III a 'Ill "' W IllID F <1i <1i "' a <1i i<1i \l i ~,,~Iil:'" ili I ~~~III'~ il!i! i ~.!!;.: . " ~~.~.." .., ! ~!~I~I~i~I!I~I~I!I~I~i~I~!~,il~l~i~i~l~ (.J 1: Ii ~ en l'IJ 0. ~ 0-<( ---- -' 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 2 Estimated Time: Page Number: Department: Environmental Management Presenter: Ray Church Contact: Ray Church SUBJECT: Award of Bid 06-0092 and Approval of Contract 06-0092 to Gregory Poole for the Purchase of One (1) landfill Compactor in the Amount of $712,000 BRIEF SUMMARY: A Request for Bids was published in the Star News on May 26, 2006, for the purchase of one (1) Landfill Compactor of Four Wheel Design. On Monday, June 5, 2006, bids were opened and read aloud. The results are detailed below: AI-Jon Manufacturing, LLC --- NO BID Road Machinery --- $435,135 Gregory Poole --- $712,000 All bidders were required to submit the machine's specifications and warranty so that the County could verify that the equipment met or exceeded the specifications detailed in the bid package. The bidders were also required to list all exceptions as an attachment to their bid proposal. Gregory Poole bid a Caterpillar 826 H Landfill Compactor. He was the only bidder to provide all the information as requested in the bid package. Road Machinery bid a Terex 3-75 E Trashmaster. After a careful analysis, it was determined that this equipment failed to meet the minimum specifications as detailed in the bid package. There were many exceptions; however, there were several exceptions that made this bid totally unacceptable to the County. These exceptions are detailed below: 1. Machine did not meet the minimum 77,000 pound weight limit. The heavier machine produces a greater density range as well as the ability to compact more tons per hour. In the long run, these higher densities produce savings to the County because less space is used but more garbage is being compacted. 2. Machine was not a four wheel design. The tricycle style compactor bid by Road Machinery creates a safety issue to the County. Its ability to climb hills is limited and it is susceptible to roll-over due to its design. 3. Machine was not equipped with the Caron Double Semi-U design blade. The bid specifications allowed No exceptions. 4. Machine was not equipped with Caron Wheels and striker bars. No exceptions allowed. 5. Extended warranty on the power train not included. New Hanover County has used Caterpillar equipment at the landfill for over 20 years. The CAT 826H compactor bid by Gregory Poole with Caron Wheels and the Caron Double Semi-U design blade is the best machine for the landfill. Steve Edens, Landfill Manager, conducted a thorough analysis of the two machines even though the Terex failed to meet the specifications. This was done to ensure that the County was getting the best equipment for the money being spent. Based on staff experience and the performance of the Caterpillar with Caron Wheels, we request approval of the bid to Gregory Poole in the amount of $712,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution awarding Bid 06-0092 and Contract 06-0092 to Gregory Poole in the amount of $712,000, and authorize the County Manager to execute the contract. Approve attached BA 07-001 for accounting purposes only. 55 FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ :' '= =-(~~~ __n__.. .___n... . "' compactor resolution doc 07.001 doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 56 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10:00 a.m., June 5, 2006, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a landfill compactor for use at the Landfill of the Environmental Management Department, Bid # 06-0092; and AI-Jon Manufacturing, LLC NO BID Road Machinery Services, Inc. $435, I 35 Gregory Poole Equipment Company $712,000 WHEREAS, staff thoroughly analyzed the two bids and determined that Road Machinery Services, Inc. failed to meet the minimum requirements stipulated in the request for bids; and WHEREAS, Gregory Poole Equipment Company met all significant requirements ofthe bid and provided a complete proposal and therefore has been deemed as the only responsive bidder; and WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to Gregory Poole Equipment Company, in the amount of seven hundred twelve thousand dollars ($712,000); and WHEREAS, five hundred twenty-five thousand dollars ($525,000) was approved in the FY05-06 budget for the purchase of a landfill compactor to replace the one currently in use; and WHEREAS, budget amendment # 07-00 I has been prepared and is for accounting purposes to record and budget the financing proceeds and is submitted for approval as part of this request; and WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1.1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that contract # 06-0092 for the purchase of a landfill compactor for the Landfill be awarded to Gregory Poole Equipment Company in the amount of seven hundred twelve thousand dollars ($7 I 2,000); and that the County Manager is hereby authorized and directed to execute contract # 06-0092, contract fonn to be approved by the County Attorney. This, the J oth day of July 2006. (SEAL) Robert G. Greer Chainnan, Board of County Commissioners ATTEST: Sheila L. Schult, Clerk to the Board . .. "_..._._.._"._._--"--~~-~._~""..- .. --"~.~-_._.,- 57 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Budget Amendment Item: Estimated Time: Page Number: Budget Amendment Number: 07-001 Department: Environmental Management-Landfill BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section L The following appropriation is hereby made to the Environmental Management Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Environmental Management-Landfill Capital Outlay Equipment $712,000 Revenue Decrease Increase Environmental Management-Landfill Installment Loan Proceeds $712,000 EXPLANATION: To Budget Installment Loan Proceeds for Compactor ADDITIONAL INFORMATION: AFPROV AL STATUS: To be approved by Board of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Regular Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Appointment of Voting Delegate to the NACo Annual Conference BRIEF SUMMARY: The National Association of Counties' (NACo's) Annual Conference will be held August 4-8, 2006 in Cook County, Illinois. A voting delegate and alternate must be appointed and submitted to NACo by July 14, 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint delegate and alternate. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ,...".. . " NACo. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Appoint voting delegate. COMMISSIONERS' ACTIONS/COMMENTS: William Kopp was appointed voting delegate for the NACo Conference by a vote of 5-0. Robert Greer was appointed voting delegate for the North Carolina Association of County Commissioners (NCACC) Conference by a vote of 5-0. The NCACC Annual Conference will be held September 7-10,2006 in Forsyth County, North Carolina. 59 I ,I \ ~A~~~101 .~:! I MEMORANDUM ELECTION OF SECOND VICE PRESIDENT To C01mty ExecutIves, Pansh PresIdents, Borough Mayors and County Board Chaupersons i From. Blll Hansell, NACo PresIdent Date' May 29, 2006 Subject: Votmg CredentIals - 2006 Annual Conference , , NACo staffers are prepanng for NACo's 71 st Annual Conference to be held I August 4-8, 2006 in Cook County, IL. They need your help to ensure that your county can partIcIpate m the asSOCIatiOn's annual electlOnof officers and pollcy adoption for thIS year's Amencan County Platform. In order to vote, a county must have paid its membership dues, and have one paid registrant for the conference, according to NACo bylaws. Please mdlCate on the enclosed form the name of the votmg delegate and altemate(s) authonzed to pIck up your county's votmgmatenals AddItlOnally, the chief elected official of your county must sign the form. Please revIew the enclosed checklist on the reverse of thIS page before retumIpg the form. I I In addItion, state assoclatlOn executive dIrectors or preSidents are entitled to pick up unclaimed credentIals on Monday, August 7 If you do not want the state associatIon to receIve your votmg matenals, please check the box on the enclosed form. Please ~ review the enclosed "Credentials F.A. Q " before retummg the form. , Please mail or fax ONLY the enclosedform by FRIDAY, JULY 14 , ! Emily Land,sman I Fax (202) 393-2630 Or ! Credentials COlmmttee c/o Emlly Landsman NatlOnal AssocIatlOn of CountIes 440 FIrSt Street, N W WashIngton, DC 20001 Memberslup Coordmator EmIlY Landsman can be reached at (202) 942-4242 or elandsman@naco.org should you have questiOns regardmg votmg procedures. We look forward to seemg you m Cook County! I I 440 First Street, NW Washington. DC 20001-2080 202/393-6226 Fax 202/393-2630 I www.naco oriJ i @ RECYCLEO 60 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 7:00 p.m. 1. Non-Agenda Items (limit three minutes) 7:05 p.m. 2. Approval of Minutes 63 7:10 p.m. 3. Consideration of Wastewater Master Plan 2006 Update - A ward of Contract for 65 Professional Services and Approval of Associated Budget Amendment 2007 -01 7:20 p.m. 4. Update on the Draft NPDES Permit 81 7:25 p.m. 5. Update on the Project Management Interview Process Associated with the 83 Consolidation Effort 61 This page intentionally left blank. 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Regular Meeting of the Water and Sewer District held on June 29, 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 63 This page intentionally left blank. 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Wastewater Master Plan 2006 Update BRIEF SUMMARY: County Commissioners and City Council approved the development of a county-wide Wastewater Master Plan in 1999. That plan was completed by McKim and Creed in 2001 and was used to manage system growth and to establish the need for a treatment capacity upgrade at the Northside Treatment Plant. A minor update of the Wastewater Master Plan with very limited scope was produced in 2005. This minor update only looked at broad statistical zoning population assumptions since the production of the original Master Plan. The update did not fully consider the impact of ongoing and planned development in New Hanover County on capacity at the Southside Plant. County staff and City staff concur that comprehensive re-evaluation of the system with emphasis on management of wastewater flows for the Northside WWTP and Southside WWTP service area is needed. Detailed analysis will be performed to verify/modify population projections, flow factors, service areas, and resultant wastewater flows. Recommendations will be made in the form of a Capital Improvements Plan (CIP) to manage wastewater demands for both conveyance and treatment capacity through the year 2026. A system model will be produced along with a comprehensive evaluation of current capacities of Northside WWTP and Southside WWTP and the implications of potential flow diversions or capacity management strategies for each. Sewer needs in the 421 N corridor will also be examined. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests award of the contract for professional services to McKim and Creed in the amount of $243,075. Staff also requests approval of the associated budget amendment in the amount of $267,383. A 10% contingency of $24,308 is requested to cover additional expenses. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Acct. # 89500000 800700 ATTACHMENTS: ~ ~ ," ..... ~ .,..... - -. . McKim and Creed ProposaLpdf BA2007.01.DOC REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: 65 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 66 F COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Budget Amendment Item: Estimated Time: Page Number: Budget Amendment Number: 2007-01 Department: General Water/Sewer Capital Projects - Water/Sewer District BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the General Water/Sewer Capital Project ordinance: Section L The following appropriation is hereby made to the General Water/Sewer Capital Project Fund, and that the following revenue is estimated to be available to meet tins appropriation. Expenditure Decrease Increase General Water/Sewer Capital Projects Capital Project Expense $267,383 Revenue Decrease Increase General Water/Sewer Capital Projects Transfer in From Fund 800 $267,383 Section 2. The following appropriation is hereby made to the Water and Sewer District Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water and Sewer District Transfer to Capital Projects (General Water/Sewer) $267,383 Revenue Decrease Increase Water and Sewer District Appropriated Fund Balance $267,383 EXPLANATION: To establish budget for Wastewater Master Plan 2006 Update ADDITIONAL INFORMATION: With the passage oftms budget amendment, the fund balance appropriated in the Water and Sewer District will be $267,383. AFPROV AL STATUS: To be approved by Board of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 67 June 5, 2006 PW060459 Mr. Greg Thompson, PE County Engineer New Hanover County Engineering Department 230 Market Place, Suite 160 Wilmington, NC 28403 RE: City of Wilmington-New Hanover County Professional Services Proposal - 2006 Dear Mr. Thompson: McKim & Creed is pleased to submit this proposal update the current City of Hanover year 2006. Our proposal is detailed as I. Proj ect In the decade City of Wilmington experienced by the completion of Interstate 40, an attractive coastal upswing. Projections at the end of the decade indicated into the foreseeable future and significant to service the resultant wastewater the City and County developed a joint wastewater systems to plan for the infrastructure prepared by McKim & Creed, P A and dated for three primary areas, consisting of the systems, and permitting. A major recommendation of this study of the Northside Wastewater Treatment Plant (WWTP) from 8 MGD is currently underway with a projected completion date of December 2008. As noted in the Plan, it was recommended that the figures and data presented in the original report should be re-evaluated approximately every five years to maintain the viability and accuracy of the document. Subsequently, the scope of this master plan update will provide for this re-evaluation, with an emphasis on management of wastewater flows for the Northside WWTP and Southside WWTP service areas. Detailed analysis will be performed to verify/modify population projections, flow factors, service areas, and resultant wastewater flows. Recommendations will be made in the form of a Capital Improvements Plan (CIP) as 68 Mr. Greg Thompson, PE June 5, 2006 Page 2 of 12 required to manage wastewater demands for both conveyance and treatment capacity through the year 2026. Our Scope of Services to complete this project is as follows: II. Scope of Services This project will entail the completion of a detailed update to the City of Wilmington- New Hanover County Wastewater Master Plan, dated July serve as a planning tool for the implementation of wastewater infrastructure the City and County with the most effective wastewater flow the year 2026. The update will include the following essential . Verification and update of current . Update of Zoning and Land Use . Verification of flow factors institutional, retail, and industrial demands . . Evaluation . infrastructure to include force mains, areas (2011, 2016, 2021 and 2026) of major wastewater conveyance systems in the County be provided to the City, the County, and Wrightsville . utilizing Sewer GEMS software by Haestad. Electronic to the City, the County, and Wrightsville Beach . owned wastewater collection systems serving County residents for potential capacity impacts to Northside and Southside WWTP's. . Evaluation of current capacities of Northside WWTP and Southside WWTP and the implications of potential flow diversions or capacity management strategies for each. . Evaluation of alternatives for management of wastewater flows for the Northside and Southside WWTP service areas. 69 Mr. Greg Thompson, PE June 5, 2006 Page 3 of 12 . An evaluation of current allocations for each entity and the differential costs associated with capital investment, treatment, etc. for flow diversions between the wastewater treatment plants. . Recommendations for planning and improvements in a Capital Improvements Plan format. . Opinions of probable construction costs for . Schedule for implementation of recommended . Executive Summary . Electronic copy of the final report, to the City, County, and Wrightsville McKim & Creed will provide detailed to complete the Master Plan update as described below: Task 1 - Project Initiation Meeting An initial project 'kick-off' with of Wilmington, and Wrightsville Beach will by the overall project scope and schedule. and responsibilities of each member will be minutes of this meeting as well as all subsequent accordingly. A on the collection of information and data necessary to as part of the Project Initiation Meeting. Evaluation for assessing current wastewater demands throughout for future demands. McKim & Creed will collect and 1) projections through the year 2026 will be determined data for the County, the City, and Wrightsville Beach. McKim & Creed will also projections of the 2000 census with projected growth rates from the County and City Planning Departments. Original master plan projections will be modified as necessary to correlate the most recent data available. 2) Historical billing record data for water and sewer from the City, the County, and Wrightsville Beach. 70 Mr. Greg Thompson, PE June 5, 2006 Page 4 of 12 3) Potable water demand and sewer demand data for private utility systems currently in operation in New Hanover County. This data will be confined to systems serving County residents that may potentially impact capacities of either Southside WWTP or Northside WWTP. 4) Data on existing Northside and Southside WWTP's historical flow records 5) Data on pre-treatment flow to the Northside and Southside 6) Information on known and requested wastewater properties in the City, County, and Wrightsville Beach. 7) Information on existing industry and land wastewater needs for future service. The is being considered for implementation along the part of the evaluation and recommendations the US 421 corridor was not as part of however, it was included as part expansion/upgrade of the 8) Current New Hanover Beach land use plans to include updated planning base maps. 9) Beach, and the City for comparison to and the recent limited 2005 master plan 10) Beach, and City infrastructure to provide Area Boundaries McKim & land use, zoning and inventory data to verify current boundaries areas defined in the original master plan document. This will also the US 421 Corridor, which was not part of the previous master plan data. Revisions to service area boundaries will be submitted to City, County, and Wrightsville Beach staff for review and comments prior to evaluation of wastewater projections or capacity management determinations. Staff comments will be incorporated as part of the service area determinations. 71 Mr. Greg Thompson, PE June 5, 2006 Page 5 of 12 Task 4 - Wastewater Demand Projections Upon completion of modifications to service area boundaries (if required) and approval by City, County, and Wrightsville Beach staff, McKim & Creed will evaluate information collected regarding wastewater facilities and needs to develop wastewater demand projections for the defined service areas. The projections will be developed through year 2026. Demand projections for wastewater flow will be compiled for flow and peak daily flows for the defined service areas for the years 2011, 2016, Projections will be provided utilizing the following base-line information: . Known or requested wastewater allocations properties . Current system demands . Current land use and zoning data . Updated population . Input from County, City, and McKim & Creed will provided in the original master plan with categories noted in the original master . flows based on historical gallons per These factors will be re-examined for - Several flow factors were used to determine inclusive of specific land use flows (hotels, schools, 'gallons per day per acre' factors for undeveloped areas . flow factors noted in the original master plan originated from data collected pre-treatment coordinator as there were no industrial components present in the County service areas. Projections for future industrial wastewater generation did include contributions from County service areas as indicated from the Comprehensive Plan for industrial growth. These factors will be evaluated and revised to correlate with current conditions and projections noted in the Comprehensive Plan. - 72 Mr. Greg Thompson, PE June 5, 2006 Page 6 of 12 . Inflow/Infiltration (Ill) - The I/I factors developed in the original master plan were compiled from a combination of professional reference data and an inventory on the City, County, and Wrightsville Beach wastewater collection system. A detailed Sanitary Sewer Evaluation Study (SSES) has not been completed; therefore, measured data for this specific flow factor is not available. McKim & Creed will review the data previously collected and will provide recommendations for adjusted 1/1 as applicable. III factors will be determined by the following data: 0 Comparison of metered inflows to both with historical rain events 0 Comparison of flow data (recorded selected wastewater pumping Wrightsville Beach with 0 Evaluation of the collection age, material, and known problems with III. a color-coded map of the wastewater collection of the infrastructure for reference. 0 0 either a detailed SSES or a partial SSES for such evaluations are best suited for wet the New Hanover County region) and data at the current time. If suitable information and be obtained from available data, a scope and (full or partial) can be developed for the appropriate . plan incorporated a 10% reserve capacity in addition to purposes of addressing treatment plant needs. McKim & factor and make recommendations for reserve planning for future McKim & Creed will meet with City, County, and Wrightsville Beach staff and present recommended factors and supporting data. Staff comments will be incorporated and decisions reached on applicable flow factors prior to advancement of the master plan update. Upon concurrence of acceptable flow factors, wastewater demands will be developed for the defined service areas segmented by the categories noted above for the year 2011, 2016, 2021, 73 Mr. Greg Thompson, PE June 5, 2006 Page 7 of 12 and 2026 period. Supporting data and calculations will be presented for review by staff. Comments received will be incorporated into the demand projections where appropriate and agreement will be reached on final demand projections Task 5 - Hydraulic Modeling Hydraulic modeling in the original master plan was performed McKim & Creed's proprietary software Forcemain. As part of the master plan & Creed will provide hydraulic modeling utilizing Sewer GEMS software Methods. Electronic copies of this model will be provided to the City, the Beach at the conclusion of the master plan update. The hydraulic under this scope of work will be limited to the following: . All wastewater pumping stations for the . Major interceptors and outfalls The model will not include gravity as collectors for residential or local area service. Task 6 - Flow Management Upon completion of Task & Creed will evaluate scenarios for to and Southside WWTP service areas. It is Northside WWTP expansion project will be completed and 16 MGD, while the Southside WWTP has a current capacity of scenarios will be analyzed: . force mains, etc. tributary to the for the ability to maximize the available plant expansion of the Southside WWTP. The capacity of also be evaluated for acceptance of flows from in this scenario. . the Southside WWTP in lieu of flow diversions noted in Scenario 1. that costs associated with an expansion would also require and upgrade in capability at this facility. These costs will be considered as part of the evaluation. . Scenario 3 - Capacity evaluation of the Northside WWTP with consideration for the US 421 Corridor projected demands. This scenario will examine the potential to service the projected demands along the US 421 Corridor, which was not included in the original master plan document. ----- ----"-----------.- 74 Mr. Greg Thompson, PE June 5, 2006 Page 8 of 12 . Scenario 4 - Construction of a new WWTP to serve the US 421 Corridor utilizing the County's existing 4 MGD NPDES permit. This does not include negotiations with NCDENR for the approval to extend or act upon this permit. It will be assumed that the permit is valid for this purpose. Opinions of probable costs, advantages/disadvantages, schedules, and regulatory requirements will be provided in a matrix format to aid for the most cost-effective solution for management of wastewater flows. County, City, and Wrightsville Beach staff will be incorporated upon desirable solution. Task 7 - GIS Mapping All mapping developed as part of the master plan formats will be provided to the City, the County, and their existing GIS systems. Task 8 - Progress Meetings and McKim & Creed will conduct herein and provide a subsequent progress report to and document key issues. Staff comments will be which will be provided to all team members for the final document. Task 9 - Plan Update Report Update report detailing all findings, needs. An initial draft report will Beach staff for review and the contents of the report as well as to will be incorporated in the document and a Final . for review by County, City, and Wrightsville Beach staff . . PowerPoint presentation of the Final 2006 Master Plan Update report to be made during a County Commissioners Board meeting, a City Council meeting, and a Wrightsville Beach Town Council meeting. The PowerPoint file will be provided in an electronic format to each entity. III. Owner Responsibilities 75 Mr. Greg Thompson, PE June 5, 2006 Page 9 of 12 New Hanover County, Wrightsville Beach, and the City of Wilmington shall be responsible for the following: . Access to all reports and studies pertaining to respective wastewater infrastructure. . Provide electronic and hard copy data of all water and sewer billings and usage. . Provide data on all pumping stations for inflow/outflow data existing telemetry. Pumping stations without telemetry capability are . Provide appropriate staff contacts in planning, zoning, and utility departments for collection of data necessary to plan update. . Electronic copies of all GIS files, Autocadd files, etc, that may be useful in creation of databases or mapping for . Attendance of staff at periodic meetings for . Review and provide written comments assumptions, etc. for concurrence with master plan update. . Review and concurrence on final for the final master plan update document. . Provide access to as-built or infrastructure for copies. McKim & Creed personnel will required for all copies made. . New Hanover related to their on-going Basin reference in the updated master plan. include the costs of, but can be provided if 2006 Hourly Rate Schedule. Note that the hourly rates 18 months from the date of this proposal: Studies utility engineering or locate services . the conditions of wastewater treatment plants in New Hanover of Wilmington . Assessments or Impact Statements or Biological surveys . As-Built surveys of gravity mains, force mains, pump stations, or infrastructure . Flow monitoring or smoke testing of gravity mains and/or pump stations . Detailed investigations or reports by a soil scientist . Hydrogeological Investigations . Wetlands delineation or mapping . Geotechnical Investigations . Design or Permitting m___'~__,,__^_ 76 Mr. Greg Thompson, PE June 5, 2006 Page 10 of 12 . Consultations with NCDENR regarding NPDES permit negotiations . Bidding & Award . Construction Phase Services . Easement Surveying and Mapping, to include deed and property research . Legal advertisements for construction contracts . Application fees for plan approval or construction permits . Court appearances for litigation, or preparation for the . Evaluation of funding sources or opportunities V. Schedule Upon executed Authorization to Proceed, we will of Work within 180 (one-hundred eighty) calendar days. VI. Fee Compensation McKim & Creed, P.A. will perform the services of Work above as indicated below: Fixed Fee Tasks . Task 1 Project Initiation $1,540 . Task 2 Data $23,270 . Task 3 $25,330 . Task 4 $53,270 . Task 5 $30,500 . Task 6 $48,995 . Task 7 GIS $17,470 . $N/A** $215,575 Tasks 1 through 7. County, McKim & Creed will provide the following McKim & Creed will perform field testing of select wastewater pumping stations (if required) to ascertain operating conditions and verify performance for the purposes of model calibration and capacity determinations. 25 drawdown tests are estimated for this task at a unit price of $500.00 per drawdown test for a total amount of $12,500. Unit Price Task 'B' - Field Verification Surveys - McKim & Creed will perform surveys to determine the elevations and pipe grades of major gravity mains in the system to ascertain 77 Mr. Greg Thompson, PE June 5, 2006 Page 11 of 12 current capacities and for modeling purposes. These services will be performed based on the attached 2006 Hourly Rate Schedule with a not to exceed ceiling of $15,000. Unit Price Task Fees . Unit Price Task' A' $12,500 . Total Unit Price Fee Amount VII. Billing and Payment McKim & Creed, P.A. (the "Engineer") will invoice performed and expenses incurred pursuant to of each such invoice will be due upon receipt (30) days of the date of the invoice. A service percent per annum (1.5 percent per VIII. Acceptance and If this proposal is acceptable, please one executed copy to our office. Upon receipt, Creed to proceed. and look forward to our continuing please do not hesitate to contact me. Ibhc Enclosures: 2006 Hourly Rate Schedule I hereby authorize McKim & Creed, P A to proceed with the work described above. 78 Mr. Greg Thompson, PE June 5, 2006 Page 12 of 12 NEW HANOVER COUNTY By: Date: - --"-'--_._--~-,~-,- 79 This page intentionally left blank. 80 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson Item Does Not Require Review SUBJECT: Update on the Draft NPDES Permit BRIEF SUMMARY: At the direction of the Board of Commissioners, staff has been working with WK Dickson in an effort to secure the District's NPDES permit and to explore options for providing sewer along HWY 421 in the Northwestern area of the County. On June 23, staff received a draft permit from the State. This permit represents the renewed NPDES permit which could be utilized to provide sewer service in the project area. The new permit will expire on November 30, 2011. The draft permit has been reviewed by our consultant, WK Dickson, and all requirements and conditions are consistent with the agreements made between the County and the State during the March 29, 2006 stakeholders meeting. Currently, WK Dickson is arranging meetings with property owners in the project area and developing project information to be used in those meetings. Acquisition of this permit represents a successful completion of the first phase of the project and has also helped establish what will be needed to complete the feasibility study including preliminary design and pricing information. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 8! This page intentionally left blank. 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/10/06 Water & Sewer Item #: 5 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson Item Does Not Require Review SUBJECT: Update on the Project Management Interview Process Associated with the Consolidation Effort BRIEF SUMMARY: On Friday, June 30, 2006, a committee comprised of representatives from New Hanover County and the City of Wilmington interviewed two candidates to provide Project Management services for the current water & sewer consolidation effort. The successful candidate was the partnership of O'Brien & Gere and Municipal & Financial Services Group. A request for proposals has been made for the Project Management service, and at the request of the City, a proposal to provide a rate study for both the City and the County will also be obtained. The process of negotiating a final price and scope of work will take some time, however, it is the goal of staff to present a proposal to the Board for consideration during the July 24, 2006 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: None. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 83