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Agenda 2006 09-05 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 Septem ber 5, 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. Consideration of Partial Funding for Assistant District Attorney and Approval 41 of Associated Budget Amendment 07-032 5:45 p.m. 2. Consideration of Adoption of Series Resolution - $120 Million Hospital 43 Revenue Bonds 5:55 p.m. 3. Update Presentation on Findings on Adult Care Home 45 6:00 p.m. 4.1 Public Hearing 47 Special Use Permit (S-566, 8/06) - Request by Samantha Croom for In-Home Daycare of 12 Children on 0.26 Acres at 7213 Quail Woods Road in Quail Woods Subdivision 6:10 p.m. 4.2 Public Hearing 53 Rezoning (Z-846, 8/06) - Request by Green Meadows Properties, LLC to Rezone 5.09 Acres Located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 6:20 p.m. 4.3 Public Hearing 59 Special Use Permit (S-562, 7/06) - Request by New Hanover County Fire Services for a Special Use Permit to Locate a Fire Station in an R-IO Zoning District on Approximately 3.5 Acres at 5807 Murrayville Road 6:40 p.m. 4.4 Public Hearing 71 Special Use Permit (S-564, 7/06) - Request by Withers & Ravenel for Brad & Sherry Dunker to Locate a 204 Child Development Center in the R-15 Residential Zoning District on 2.98 acres at 547 Sanders Road 7:10 p.m. Break 7:20 p.m. 4.5 Public Hearing 85 Conditional Use Rezoning (R-IO) (Z-844, 7/06) - Request by Dominion Land Corporation for Dargan T. Tunstall, Carroll T. Eckel, and Mabel H. Trask to Rezone Approximately 107 Acres Near North College Road and Parmele Road from R-15 and 1-2 to Conditional Use CD 7:50 p.m. 4.6 Public Hearing 91 Special Use Permit (S-565, 8/06) - Request by Dominion Land Corporation for Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask for Residential Development on Approximately 107 Acres Near North College Road and Parmele Road 8:00 p.m. 5. Consideration of a Resolution Authorizing the Execution and Delivery of an 97 Installment Purchase Contract with Banc of America 8:10 p.m. 6. Meeting of the Water and Sewer District 105 8:40 p.m. 7. Non-Agenda Items (limit three minutes) 8:45 p.m. 8. Additional Items County Manager Commissioners Clerk to the Board County Attorney 8:55 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. 8:10 p.m. 1. Non-Agenda Items (limit three minutes) 8: 15 p.m. 2. Approval of Minutes 107 8:20 p.m. 3. Consideration of Westhaven Water Line Extension - Request for District 109 Participation and Approval of Associated Budget Amendment 07-013 8:35 p.m. Approval of Budget Amendments: 4.1 07-029 Water and Sewer 117 4.2 07 -031 Water and Sewer 119 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 to Adopt a Proclamation Designating September 25.2006 as Familv 9 Dav in New Hanover County 3. Approval to Adopt a Proclamation to Recognize September 16-30,2006 as Fall 13 Litter Sweep in New Hanover County 4. Approval to Create One Half-Time Regular Position to Assist All County 15 Departments When Employees are on Leave or Have Increased Workload Due to Special Projects 5. Approval of New Hanover County Partnership for Children Grant to the Library 17 and Associated Budget Amendment 07-015 Approval of Budget Amendments: 6.1 07 -016 Various 19 6.2 07 -017 Department of Social Services 23 6.3 07 -026 Finance 25 6.4 07-027 Department of Social Services 29 6.5 07-030 Various 31 6.6 2007-17 Sheriff 35 6.7 2007-19 Finance 37 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 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 August 14, 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: 09/05/06 Consent Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Bruce Shell Item Does Not Require Review SUBJECT: Approval to Adopt a Proclamation Designating September 25, 2006 as "Family Day" in New Hanover County BRIEF SUMMARY: The National Center on Addiction and Substance Abuse requests the Board's adoption of a proclamation to designate the fourth Monday in September as Family Day - A Day to Eat Dinner With Your Childrentm in New Hanover County. The attached letter was received via email. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ;'-:";,;;::';'. ;0":-;.=:::';". Famil}' Day letler.doc Family Day proclamation. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 August 2, 2006 Dear Mr. Shell: In 2005, the President, 47 governors and the mayors and executives of more than 500 cities and counties across the nation proclaimed the fourth Monday in September as t " "Family Day - A Day to Eat Dinner with Your Children m I hope you will join the growing list of your colleagues who commemorate this special day by issuing a proclamation designating September 25, 2006 as Family Day. The National Center on Addiction and Substance Abuse (CASA) at Columbia University launched Family Day in 2001 after CASA's research consistently found that the more often children eat dinner with their parents, the less likely they are to smoke, drink or use illegal drugs. Family Day 2005 was our greatest triumph yet with more than 1.3 million Americans pledging to have dinner with their family on Family Day. In addition to issuing a proclamation, we hope you will consider conducting Family Day events and celebrations in your county. There are many ways to celebrate Family Day. For example, last year one county promoted Family Day by partnering with local substance abuse prevention groups and family organizations to host community dinners, which were held in local neighborhood centers and houses of worship. A sample proclamation is pasted below for your reference. Please send a copy of this year's proclamation to CASA Family Day, 633 Third Avenue, 19th Floor, New York, NY 10017. For more information about Family Day, please visit www.CASAFamilvDav.org. If you have any questions, please contact me or Nancy Gavilanes, CASA's Communications Associate, at 212-841-5308 or ngavilanes@casacolumbia.org. Thank you for your continued support. Sincerely, Joseph A. Califano, Jr. Chairman and President The National Center on Addiction and Substance Abuse at Columbia University 633 Third Avenue 19th Floor New York, NY 10017 10 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS FAMILY DAY SEPTEMBER 25, 2006 WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; and WHEREAS, surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes; and WHEREAS, teenagers who almost always eat dinner with their families are 3 I percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented; and WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the fourth Monday in September be recognized as Family Day-A Day to Eat Dinner With Your Childrentm and that all citizens are urged to recognize and participate in its observance. Adopted this, the 5th day of September 2006. Robert G. Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Consent Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Bruce Shell Item Does Not Require Review SUBJECT: Approval to Adopt a Proclamation to Recognize September 16-30, 2006 as "Fall litter Sweep" in New Hanover County BRIEF SUMMARY: The North Carolina Department of Transportation (NCDOT) provided a packet of information to promote the Litter Sweep Roadside Cleanup September 16-30, 2006. The Adopt-A-Highway Program Coordinator in New Hanover County is April Lockamy at 910-341-0500. Additional information is also available on the NDDOT website: http://www.ncdot.org/-beautification. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. Fall Litter Sweep.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS FALL LITTER SWEEP 2006 WHEREAS, the North Carolina Department of Transportation organizes an annual fall statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and WHEREAS, the cleanup will take place September 16-30, 2006, and encourages local governments and communities, civic and professional groups, businesses, churches, schools, families and individual citizens to participate by sponsoring and organizing local roadside cleanups; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department of Correction inmates and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation; and WHEREAS, the cleanup will celebrate the 1 8th Anniversary of the North Carolina Adopt-A- Highway program and its 6,000 volunteer groups that donate their labor and time year-round to keep our roadsides clean; and WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; and WHEREAS, the cleanup will be a part of educating the children of this great state regarding the importance of a clean environment to the quality of life in North Carolina. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 16 - 30, 2006 be recognized as "FALL LITTER SWEEP" in New Hanover County. Adopted this, the 5th day of September 2006. Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Consent Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Bruce Shell Contact: Bruce Shell Item Does Not Require Review SUBJECT: Approval to Create One Half-Time Regular Position to Assist All County Departments When Employees are on leave or Have Increased Workload Due to Special Projects BRIEF SUMMARY: A number of years ago the County had a "floater position" that filled in when staff was on vacation or when the workload of a department was impacted by special projects. The position proved helpful in reducing the temporary employees who were needed. The position was very beneficial to departments since the employee was knowledgeable about County procedures, phone system, and electronic mail system and did not require orientation to the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the addition of a regular one-half time position. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 (20 hours per week) Explanation: Cost of the 20 hour per week position $26,100 will be absorbed by savings created by the position in existing departmental budgets. ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW 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: 09/05/06 Consent Item #: 5 Estimated Time: Page Number: Department: Library Presenter: Contact: David M. Paynter SUBJECT: New Hanover County Partnership for Children Grant BRIEF SUMMARY: The Library has received a grant in the amount of $126,767 for the Partnership for Children program. This is an increase of $9,767 from what is currently budgeted ($117,000). This program provides early literacy training to preschool teachers in area child care centers, as well as direct programming to children ages 1-5. The department's FY06-07 budget includes the required in-kind contributions of $61 ,825, plus a $3,000 contribution from the Friends of the Library. The Library is requesting that the additional funds be used to change one temporary position of 30 hours to a regular position of 32 hours. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve current temporary position be made a regular position of 32 hours/week; and approve associated budget amendment increasing program by $9,767. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 Explanation: Position will be eliminated when grant funding ends. (Application for 2005 - 2007 grant approved by County Commissioners 2/21/05.) ATTACHMENTS: ~ 07-015Iibrary.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment BUDGET AMENDMENT Number: 07-015 DEPARTMENT: library 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 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Salaries and Wages $760 Retirement Local Government $1,940 Medical Insurance Expense $6,960 Long Term Disability Insurance $107 Revenue Decrease Increase Partnership for Children Grant $9,767 EXPLANATION: To budget additional funds received from the Partnership for Children Grant. Increase primarily affects fringe benefits and not salary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Consent Item #: 6.1 BUDGET AMENDMENT Number: 07-016 DEPARTMENT: Various 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 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase New Hanover County TV: Contracted Services $5,900 Supplies $5,400 Capital Outlay - Equipment $100,000 Capital Outlay - Other $200,000 Non Departmental: City of Wilmington $27,364 Contribution - Wave Transit $182,544 Contribution - Airport $152,056 Outside Agencies: Economic Incentives: Guilford Mills $66,667 Tax: Contracted Services $418,000 Property Management: Contracted Services $700,000 Emergency Management: Contracted Services $46,000 Planning: Capital Outlay - Equipment $19,000 19 Expenditure Decrease Increase Health: Care Coordination: Supplies $42,887 Women's Preventive Health: Supplies $3,500 Child Health: Supplies $1,500 Maternal Health: Supplies $2,000 Epidemiology: Supplies $5,000 Department of Social Services: Adoption Assistance: Special Child Adoption $18,996 Parks: Capital Outlay $120,000 Airlie Gardens: Contracted Services $43,000 Capital Outlay Equipment $8,358 Capital Outlay Other $184,641 Museum: Exhibit Design Master Plan: Capital Outlay $115,000 Public Safety Communications - Wireline: M&R Equipment $28,509 Public Safety Communications - Wireless: M&R Equipment $28,509 Sheriff's Office Capital Outlay - Motor Vehicle $3,945 Revenue Decrease Increase Appropriated Fund Balance $2,099,384 Juvenile Justice Delinquency Grant $429,392 20 EXPLANATION: To rollover expenditure from FY 05-06 to FY 06-07 and adjust FY06-07 grant revenue. The items were budgeted in FY 05-06, but completion of transactions or project did not occur prior to June 30, 2006. ADDITIONAL INFORMATION: Following is additional information regarding FY 06-07 carryovers. New Hanover County TV Funds carried over for completion of TV studio. Non Departmental City of Wilmington Funds carried over for final payment to City for CAMA plan. Contribution to WAVE Funds - $177 ,044 carried over for County portion of the maintenance and transfer facility, and $5,500 for mobile data terminal. Contribution to Airport Funds for demolition of old airport facility - approved by Commissioners 1/23/2006. Outside Agencies: Economic Incentive Funds budgeted, but not disbursed to Guilford Mills in FY 05-06. Tax Department Funds to continue revaluation process. Property Management Funds to continue projects planned for FY 05-06, but not completed by June 30, 2006. Emergency Management Funds for Reverse 911 and Generators. Planning Funds for color copier. Health Funds for renovation of Registration Area and program supplies. Department of Social Services Special Adoption Assistance Incentive Funds. Parks Funds to continue projects planned for FY 05-06, but not completed by June 30, 2006. Airlie Gardens Funds for ticket booth and irrigation program. 21 Museum Funds for implementation of portion of Master Plan. Public Safety Communication Maintenance and Repair of Equipment in the 911 Center. Sheriff's Office Tax on cars purchased in FY 05-06. APPRO V AL STATUS: to be approved by the Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Consent Item #: 6.2 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-017 DEPARTMENT: Department of Social Services 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 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Child Day Care: Day-care Services $1,341,250 Revenue Decrease Increase Child Day Care: State/Federal $1,341,250 EXPLANATION: To budget additional state and federal day-care funds. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 This page intentionally left blank. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Consent Item #: 6.3 BUDGET AMENDMENT Number: 07-026 DEPARTMENT: FINANCE 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 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Planning: Cont. Services-Relocation Assist. $508,394 Grant Exp-EPA Water Quality $78,391 Emergency Management: Supplies-CERT $7,208 Cont. Services-DHS Part I $1,791 Safety Equip-DHS-Part II $17,258 Capital Outlay-Motor Vehicles $32,864 Cont. Services-VRPP $38,496 Radios-VRPP $11,504 Juvenile Day Treatment-DMC: Salaries and Wages $7,829 Social Security Taxes $576 Retirement $357 Medical Insurance Expense $2,630 Long Term Disability Insurance $20 Contract Services $5,551 Cellular Expense $360 Telephone Expense $430 Supplies $899 Training and Travel $8,703 25 Sheriff-Uniform Patrol: Training & Travel-lEl06 $2,025 Salaries and Wages-Road Rage $23,314 Social Security Taxes $1,784 Retirement $1,140 Retirement-401 K $1,166 Medical Insurance Expense $6,582 long Term Disability Insurance $66 Supplies-Auto $9,218 Capital Outlay-Motor Vehicle $922 Safe Summer Program $40 Health: Temporary Salaries-Project Stop $7,000 Supplies-Project Stop $11,768 Training & Travel-Project Stop $1,000 Supplies-Risk Watch $23,154 Supplies-Baby Bucs $18 Supplies-Good Shepherd Ministering $10,102 Temporary Salaries-Good Shepherd $4,305 Social Security Taxes-Good Shepherd $389 Cont. Services-Good Shepherd $5,884 Supplies-Good Shepherd $13,978 Auto Reimbursement $250 Revenue Decrease Increase Planning: CHAF Grant $508,394 EPA Water Quality Grant $78,391 Emergency Management: CERT Grant $7,208 DHS-Part I Grant $1,791 DHS-Part II Grant $17,258 DHS-Emergency Response Trailer $32,864 VRPP Grant $50,000 Juvenile Day Treatment-DMC: DMC Grant $27,355 Sheriff-Uniform Patrol: DOT lEl06 Grant $2,025 Road Rage Grant $41,184 Good Shepherd Fund Grant $40 County Commissioners: Appropriated Fund Balance $3,008 Health: March of Dime-Project Stop Grant $19,768 Safe Kids-Risk Watch Grant $23,154 March of Dimes-Baby Bucs $18 Good Shepherd Ministering Circle Grt. $10,102 Good Shepherd Grant $24,806 26 EXPLANATION: To rollover unexpended grant funds from FY 05/06 to FY 06/07 ADDITIOALINFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 This page intentionally left blank. 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Consent Item #: 6.4 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-027 DEPARTMENT: Department of Social Services 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 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase TANF - Domestic Violence: Assistance Payments $19,102 Revenue Decrease Increase Administration: State/Federal Funds $19,102 EXPLANATION: To budget additional funds received from the state for the TANF Domestic Violence Program. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 This page intentionally left blank. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 9/5/06 Budget Amendment Consent Item #: 6.5 BUDGET AMENDMENT Number: 07-030 DEPARTMENT: Various 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 1. The following appropriation is hereby made to the General Fund, Automation Enhancement & Preservation Fund, Fire Services Fund, Environmental Management Fund, and that the following revenue is estimated to be available to meet this appropriation. GENERAL FUND: Expenditure Decrease Increase NHC-TV: Contracted Services $13,500 Budget: Supplies $1,133 Non-Departmental: Water Monitoring Contract $55,772 Audubon Society $9,607 Information Technology: Contracted Services $163,651 Telephone $3,532 Supplies $2,537 Capital Outlay-Computer & Other $38,359 Capital Outlay-Equipment $3,366 Capital Outlay-Telephone $92,357 Tax: Equipment Rental $21,420 Board of Elections: Capital Outlay-Voting Equipment $157,153 Capital Outlay-Voting Equipment $709,459 Register of Deeds: Equipment Rental $1,563 31 Property Management: M & R Buildings/Grounds $19,166 Capital Outlay-Other Improvements $169,861 Vehicle Management: Repair Service $2,342 Engineering: M & R-Cemetery $1,617 Public Safety Communications: M & R-Equipment $3,510 Supplies $2,401 Public Safety Comm-Wireline: M & R-Equipment $137,083 Capital Outlay-Equipment $11,322 Capital Outlay-Telephone $264,482 Public Safety Comm-Wireless: M&R-Equipment $137,083 Capital Outlay-Equipment $11,321 Capital Outlay-Telephone $264,482 Support Services: Contracted Services $3,250 Detention-Sheriff Auto Supplies $1,349 Uniform Patrol: Capital Outlay-Vehicle Purchases $624,002 Emergency Management: Contract Services $8,751 Printing $2,559 Inspection: Supplies $1,330 Planning: Contracted Services $9,163 Grant Expenditures $8,367 Environmental Health: M&R-Buildings and Grounds $9,962 32 Animal Control: Capital Outlay-Equipment $7,185 Care Coordination: Contracted Services $1,500 Supplies $7,323 DSS-Administration: Supplies $5,158 Human Services Transportation: Equipment $3,070 Library: Supplies $15,000 Parks: Contracted Services $9,099 Capital Outlay-Other Improvements $3,650 Airlie Gardens: Contracted Services $14,804 M&R-Buildings and Grounds $2,360 Supplies $5,201 Capital Outlay-Vehicle $51,999 Capital Outlay-Other Improvements $27,448 Museum: Printing $6,136 Supplies $1,259 Exhibit Design Master Plan: Contracted Services $2,000 Capital Outlay-Other Improvements $7,150 Revenue Decrease In crease General Fund: Appropriated Fund Balance $3,137,154 AUTOMATION ENHANCEMENT & PRES FUND: Expenditure Decrease In crease Supplies $5,909 Capital Outlay-Equipment $5,416 Revenue Decrease In crease Appropriated Fund Balance $11,325 33 FIRE SERVICES FUND: Expenditure Decrease In crease Fire Departments: Contracted Services $6,000 Radios $9,800 M&R-Emergency Measures $12,821 M&R-Equipment $2,808 Computer Supplies $1,783 Firefighting Supplies $3,348 Capital Outlay-Equipment $9,575 Fire Services Operations: Firefighting Supplies $8,111 Capital Outlay-Other Improvements $85,041 Revenue Decrease In crease Appropriated Fund Balance $139,287 ENVIRONMENTAL MANAGEMENT FUND: Expenditure Decrease In crease Environmental Management Landfill: Contracted Services $85,729 Environmental Management Waste Admin: Contracted Services $170,910 Computer Supplies $3,238 Environmental Management Wastec Mgmt: Contracted Services $226,271 M&R-Equipment $13,206 Revenue Decrease In crease Appropriated Fund Balance $499,354 EXPLANATION: To budget appropriated fund balances for outstanding purchase orders as of June 30, 2006. The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal year in which it is paid (adopted in the Budget Ordinances for FY 06-07 dated June 19, 2006). ADDITIONAL INFORMATION: APPROVAL STATUS: To be entered into minutes COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment (Capital Projects) Consent Item: 6.6 Estimated Time: Page Number: Budget Amendment Number: 2007-17 Department: Sheriff BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Federally Forfeited Property Fund. Section 1. The following changes are hereby made to the Federally Forfeited Property Fund. Expenditure Decrease Increase Supplies $1,861 Revenue Decrease Increase Interest on Investments $1,861 EXPLANATION: To adjust interest earnings. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 This page intentionally left blank. 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Capital Projects Consent Item #: 6.7 Estimated Time: Page Number: BUDGET AMENDMENT Number: 2007-19 DEPARTMENT: FINANCE BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the Burn Pit ordinance: Section 1. The following appropriation is hereby made to the Burn Pit Capital Project Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Contract Services-RIFS $58,236 Utilities $27,000 Revenue Decrease Increase Interest Earnings $85,236 EXPLANATION: To increase budget for years 3-5 of monitoring services for Catlin and Associates and to increase utilities budget. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 37 This page intentionally left blank. 38 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of Partial Funding for Assistant District Attorney and Approval 41 of Associated Budget Amendment 07-032 5:45 p.m. 2. Consideration of Adoption of Series Resolution - $120 Million Hospital 43 Revenue Bonds 5:55 p.m. 3. Update Presentation on Findings on Adult Care Home 45 6:00 p.m. 4.1 Public Hearing 47 Special Use Permit (S-566, 8/06) - Request by Samantha Croom for In-Home Daycare of 12 Children on 0.26 Acres at 7213 Quail Woods Road in Quail Woods Subdivision 6:10 p.m. 4.2 Public Hearing 53 Rezoning (Z-846, 8/06) - Request by Green Meadows Properties, LLC to Rezone 5.09 Acres Located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 6:20 p.m. 4.3 Public Hearing 59 Special Use Permit (S-562, 7/06) - Request by New Hanover County Fire Services for a Special Use Permit to Locate a Fire Station in an R-IO Zoning District on Approximately 3.5 Acres at 5807 Murrayville Road 6:40 p.m. 4.4 Public Hearing 71 Special Use Permit (S-564, 7/06) - Request by Withers & Ravenel for Brad & Sherry Dunker to Locate a 204 Child Development Center in the R-15 Residential Zoning District on 2.98 acres at 547 Sanders Road 7:10 p.m. Break 7:20 p.m. 4.5 Public Hearing 85 Conditional Use Rezoning (R-IO) (Z-844, 7/06) - Request by Dominion Land Corporation for Dargan T. Tunstall, Carroll T. Eckel, and Mabel H. Trask to Rezone Approximately 107 Acres Near North College Road and Parmele Road from R-15 and 1-2 to Conditional Use CD 7:50 p.m. 4.6 Public Hearing 91 Special Use Permit (S-565, 8/06) - Request by Dominion Land Corporation for Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask for Residential Development on Approximately 107 Acres Near North College Road and Parmele Road 8:00 p.m. 5. Consideration of a Resolution Authorizing the Execution and Delivery of an 97 Installment Purchase Contract with Bank of America 8:10 p.m. 6. Meeting of the Water and Sewer District 105 39 8:40 p.m. 7. Non-Agenda Items (limit three minutes) 8:45 p.m. 8. Additional Items County Manager Commissioners Clerk to the Board County Attorney 8:55 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. 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: Ben David, District Attorney Contact: Bruce Shell SUBJECT: Consideration of Partial Funding for Assistant District Attorney BRIEF SUMMARY: The District Attorney has received 75% funding for an Assistant District Attorney position. New Hanover County and the City of Wilmington have been asked to fund the remaining 25% for this position. This would entail $15,000 from the County and $15,000 from the City of Wilmington. The position is expected to reduce the jail population by processing federal drug- related cases more timely. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve funding. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: From contingency funds. ATTACHMENTS: ~ 07-032.rtf REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved in the amount of $30,000 3-2, Kopp, Caster and Davis voting in favor. 41 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment BUDGET AMENDMENT Number: 07-032 DEPARTMENT: Courts - District Attorney 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: Expenditure Decrease Increase CourtslDistrict Attorney: Contracted Services $15,000 Contingency $15,000 Revenue Decrease Increase EXPLANATION: The District Attorney has received funding for 75% of an Assistant District Attorney position. He is asking the City and County to each contribute $15,000 for the balance of the cost of the position. ADDITIONAL INFORMATION: With the approval of this budget amendment, the Contingency amount is $385,000. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved in the amount of $30,000 3-2, Kopp, Caster and Davis voting in favor. 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 2 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney and Avril Pinder, Finance Director Contact: Wanda M. Copley, County Attorney and Avril Pinder, Finance Director SUBJECT: Adoption of Series Resolution - $120 Million Hospital Revenue Bonds BRIEF SUMMARY: To consider and take action on a Series Resolution providing for the issuance of the County's Variable Rate Hospital Revenue Bonds for the New Hanover Regional Medical Center Project in the aggregate principal amount not exceeding $120,000,000, including the authorization of the execution and delivery of the Bond Purchase Agreement, the Auction Agent Agreement, the Official Statement, the Fourth Amendment to Lease Agreement and the Broker-Dealer Agreements and providing for other matters in connection therewith. The Series Resolution delegates to the County Manager the authority to determine certain terms of the Bonds subject to limitations set forth in the Series Resolution. The entire packet of related documents is voluminous and is available for review in the Commissioners' Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Series Resolution and related documents. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ,...'''' ........ ........ . -- . -- . .. officialslalmenldraflto.ugustl42006.DDC 1:*601023 I'D DC - Auction Agenl Agreement.doc 1:*601004 .....DOC - Broker-Dealer Agreemenl.doc ~ :'-:";.;;:;.;'. bondpurchaseagreemenl. DOC @ill ~ ~ ......., "".... . .. . -- 1:*600779.....4 - Series Resolution IClean).doc e:-:hibilbsrauctionprocedures.doc 1:*609733 .....DOC - Fourth Amendmenl to Lease Agreemenl.doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A 43 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Wanda Marino & Susan Sprenger Contact: Patricia A. Melvin, Assistant County Manager Item Does Not Require Review SUBJECT: Update on Findings on Adult Care Home BRIEF SUMMARY: Staff will provide an update on rulings made by the N.C. Division of Facility Services, as a result of its investigation of complaints against Jasmine Cove Assisted Retirement Community; and the facility's compliance with those rulings. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear update. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear update. COMMISSIONERS' ACTIONS/COMMENTS: Heard update and instructed staff to draft information for the Board to use to send their concerns to State legislators. 45 This page intentionally left blank. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit (S-566, 8/06) - Request by Samantha Croom for In-Home Daycare of 12 Children on 0.26 Acres at 7213 Quail Woods Road in Quail Woods Subdivision BRIEF SUMMARY: The New Hanover County Planning Board unanimously recommended approval of this request at its August 3, 2006 meeting. No one spoke against the proposal. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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: ~ ~ ......., ,......, . .. . -- s-566-5taff Summary-draft,doc 5-566 Petilion Summary,doc site plan and map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 47 SPECIAL USE PERMIT S-566, 08/06; Child Day Care Center for 12 Children Request By: Samantha Croom Location: 7213 Quail Woods Road PLANNING BOARD ACTION The New Hanover County Planning Board unanimously recommended approval of this request at its August 3, 2006 meeting. No one spoke against the proposal. 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. County water and sewer serve the property. B. The property accesses Murrayville Road, an identified collector via Quail Woods Rd. C. Fire Service is available from the Wrightsboro Fire Station. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. Off-street parking requirements of 1 space per employee and four spaces for off- street drop off and pick up are shown on the plan and meet the requirements of Article VIII ofthe New Hanover County Zoning Ordinance. C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the property without backing into the right of way. D. The entire play area is in an enclosed fence with a minimum height of four feet. E. The applicant states the day care is licensed by the State of North Carolina. F. No outside on-premises signs are proposed or currently in place. 3. The Board must find that the use will not substantially injure the value of adjoining or abntting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. No new structures are proposed for the Special Use. 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. 48 A. The 2006 Land Use Plan identifies this area as Urban, which provides for continued intensive development with urban services in place. S. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Daycare needs are not addressed in the 2006 plan. Staff presents these positive findings without additional conditions. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 49 Case: S-566, 8/06 Petition Summary Data Owner/Petitioner: Samantha Croom Existing Land Use: Residential w/ in-home daycare for 5 children Proposed: Care for 12 Children Zoning History: R-15 - July 7, 1972 (88) Land Classification: Urban. The purpose of the Urban Land Classification is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access & Traffic Volume: Quail Woods Road to Murrayville Road (minor thoroughfare) No traffic counts are available in this vicinity LOS: Murrayville Road is C & D - In the stable range oftraffic flow Fire District: Wrightsboro FD Watershed & Water Quality Classification: Smith Creek (C; SW) Aquifer Recharge Area: Either primary or secondary recharge area for Castle Hayne or Pee Dee aquifer Conservation/Historic/Archaeological Resources: None with protected status. No COD Soils: Mu-Murrayville Fine Sand; Ly-Lynn Haven fine sand Septic Suitability: Class III; Severe limitation: requires extensive modification and intensive maintenance. Schools: Freeman Additional Info: No flood zone No SHOD Transitional zone for Airport Height at elevation 700 to 800 feet 50 ---------------------- - mi':JNld'Cl3)/00~:J ~ "'C '" .~ E Gl Cl lL 0 Gl " 0 -l - - "'0 I .. ~~ CQ=O'C e ~ ~ E ,~.~ CO c.. 0 ra C ":1:.(1) uS:g-g~ CO .!! ~.2 LO fJc,'Q. . '" I & f: Do 51 tJ)rnll.< .. _.. ._-,.~. .n.__ - ~~'.. --"',-. -'-.. ~ .~.~ ......_... -., - -", - .- 0'- ~.~__ -,-" . ~- .~-.. I , -.'.---+. O. '--0 __._..~ _._ ~.- .."-- i~.o.' ---.. "'-.. ,__'~"_,_ ..n.__... -,.- ~ <;(:\,- ....-.-. __P:t>~.6._._ . ('i ,-.. --1 ~ - -.0 0 -q . \: l() ~<21 . ~/ to ...__..'"...._...~,.._... .".c: ~ ---; i I ~1;6 - -..- ..-....-..- v p.ulJ..u Pt- , : bae.k i nlCl pcu- kl~1 ....1 .. "~-.'-' -~ 1Ji pulL ~! ~....t i$: .. f'or-u:> -.-_.- ~ -" ... '" ~) w.,,__,._ -i- . --~,.~~ c-6' ~ .~ -. -I ---._.~~ . I ~ t>" (!, . ~.7~Jn' --- '-~ '. \J'-- . ) \ j -, '\j \... ","\, 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'keefe Item Does Not Require Review SUBJECT: Rezoning (Z-846, 8/06) - Request by Green Meadows Properties, llC to Rezone 5.09 Acres located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 BRIEF SUMMARY: The Planning Board heard this proposal at its August 3, 2006 meeting and unanimously recommended approval. No one spoke in opposition to the request. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ . .. Z-846-Slaff Summary.doc Z-846 Petilion Summary,doc map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 53 CASE: Z-846, 8/06; PETITIONER: Green Meadows Properties REQUEST: From R-15 Residential to B-2 Highway Business ACREAGE: 5.09 Acres LOCATION: 1728 to 1736 Castle Hayne Road LAND CLASS: Transition PLANNING BOARD ACTION The Planning Board heard this proposal at its August 3, 2006 meeting and unanimously recommended approval. No one spoke in opposition to the request. STAFF SUMMARY The subject property is located on Castle Hayne Road about midway between the intersections of Gordon Road and 23rd Street. Access to the site is from Castle Hayne Road, an arterial on the thoroughfare classification plan. Traffic counts on Castle Hayne Road in this vicinity were 17,000 ADT in 2001 compared to 18,319 ADT in April 2005 (:I:: 8%). Level of Service is F (exceeds capacity). The subject property consists of two lots currently occupied by vacant houses. Adjacent property to the south is zoned B-2 and is occupied by an auto repair facility. North of the subject property, zoning is B-1 Neighborhood Business. To the east and west of the subject property, zoning is R- 15 residential. Properties across Castle Hayne Road are developed for residential purposes. Though relatively near the airport, the subject property is not identified within the airport approach zone or the transition zone indicated by the Airport Height Ordinance. The property is not located within a flood zone. The rear of the property exhibits swamp forest with protected Johnston soils, and that portion will be subject to Conservation Overlay District regulations. Land Use Plan Considerations: The 2006 Update of the Joint CAMA Plan describes the Transition classification as areas providing for future intensive urban development on lands that have or will have urban services. The property is within the Urban Services Boundary but the area is not currently served by public water and sewer. Applicable policies ITom the Land Use Plan include: 4.1 "Designate sufficient land area and suitable locations for the various land use types." 4.3 "Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by assuring that such commercial uses do not diminish the quality of life in nearby neighborhoods." Commercially zoned acreage as of 2005 is approximately 2.15% of the total unincorporated acreage, compared to 2.05% in 2003. 54 Based on the foregoing, this proposal would appear to be consistent with the purposes of the Transition land classification; reasonable in relation to the transportation classification and the established adjacent development patterns to the north and south; and in the public interest as described by policies in the plan. One weakness of the proposal is the level of service on Castle Hayne Road already exceeds capacity for efficient traffic flow. A driveway permit will be required from NCDOT prior to development ofthe property. Adjacent uses to the west ofthe property are zoned for and actively occupied by residential uses with individual driveways onto Castle Hayne Road, indicating possible compatibility conflicts, depending on the ultimate use of the property if rezoned. Staff supports approval of the rezon ing. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing Board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the Board considers the action taken to be reasonable and in the public interest. " An example of a statement for adoption might be: The County Commissioners find that this request for zoning amendment at 1728 and 1736 Castle Hayne Road from R-15 Residential to B-2 is: 1. Consistent with the purposes and intent of the land classification and associated policies in the 2006 land use plan. 2. Reasonable and in the public interest as an expansion of an adjacent B-2 zoning district. 55 Case: Z-846, 8/06 Petition Summary Data Owner/Petitioner: Green Meadows Properties Existing Land Uses: Residential (R -15) Proposed: B-2 Highway Business Zoning History: R-15, July 1, 1972 (9A) Land Classification: Transition Water Type: Well Sewer Type: Septic Recreation Area: Cape Fear Optimist Park Access & Traffic Volume: Castle Hayne Road (Major thoroughfare) ADT 17,000 (2001); ADT 18,319 (2005) LOS: F (Breakdown of traffic flow. Traffic exceeds capacity.) Fire District: Wrightsboro FD Watershed & Water Quality Classification: Smith Creek (C;SW) Aquifer Recharge Area: Secondary recharge for Castle Hayne or Pee Dee aquifers where occurring near land surface under water table conditions. Conservation/Historicl Archaeological Resources: Small amount of Swamp Forest Soils: On-Onslow loamy fine sand; Be - Baymeade fine sand; lo-Johnston Septic Suitability: Class II- moderate limitations (Onl Be); Class IV - unsuitable (10) Schools: Freeman Additional: No flood zone No SHOD No Airport height consideration 56 Ol ~ & " < "0 0 1i5 z ~ N M ~ ~ ~ ~ ~ ~ 0 ~ N M V ~ ~ ~ .... .......-.......-..... .. C 0 ...J " '@ <i N :c a.. ~ <0 " "8 Cl .,. "" "C .~ ~ 0 d: <= ~ ~ ~.. "'[j .. () () .. ~ ~ j ~ ~ ~ ~ j j,E:~:.; 0 allfl! ~ CO ~ P 'i~ & ~ 0: ~ >-111 CD ~III ffi .. ~ 0: m z ~ ~ ~ ~ m o cS ! I I 8 · 1 ! · ! I ! , , i i l ! i --- "'" ~ ~~ 10 ~ ~ ~ ~ ~ ~ ~ ~ 0: .. ~ ~ ~ Ifl 111 " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0: "';;01 ,+.Z ~ z ~ ~ ~ ~ ~ ...J ...J ~ ~ ~ j ~ ~.~ 0: m ~ ~ ...J ~ ~ 2 .. ~.. () ~ ~ ~ >- ~ ~ ~ ~ ~ ~ ~ z ~ i ; ~ ~ .. ClO .- 0 ~ ~ ~ j ~ ~ ~ ~ ~ ~ 5 ~ ' "" N . ~ N """ <(~ 2 ~ ~ ~ ~ ~ ~ m m ~ ~ ~ d ~ ~ ~ ...J ----.------- 57 This page intentionally left blank. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit (S-562, 7/06) - Request by New Hanover County Fire Services to locate a Fire Station in an R-10 Zoning District on Approximately 3.5 Acres at 5807 Murrayville Road BRIEF SUMMARY: The New Hanover County Planning Board voted unanimously to recommend approval for a Special Use Permit for this proposal. Adjacent neighbors expressed concerns about additional traffic, noise, light and drainage and presented a petition. The Board placed the following conditions on the permit: 1. Align drive access with Knotty Court. 2. Include low-level lighting in the final site design. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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: ~ ~ ........ . .. S-562-Slaff Summary.doc 5-562 Petilion Summary,doc site plan, petitions, and map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the two conditions placed on the permit by the Planning Board. 59 SPECIAL USE PERMIT S-562, 7/06: Request to Locate a Fire Station Request By: New Hanover County Fire Services Location: 5807 Murrayville Road Planning Board Action The New Hanover County Planning Board voted unanimously to recommend approval for a Special Use Permit for this proposal. Adjacent neighbors expressed concerns about additional traffic, noise, light and drainage and presented a petition. The Board placed the following conditions on the permit: 1. Align drive access with Knotty Court. 2. Include low-level lighting in the final site design. 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. Murrayville Road is designated as a collector road in the County's thoroughfare classification plan. B. Current Level of Service on Murrayville Road is C & D. C. The site is not within the 100 year floodplain. D. Locating the fire facility in this vicinity will decrease response time. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Setbacks shall be in accordance with Section 52.5 and the Special Highway Overlay District requirements. The site plan shows a setback of over 200 feet on the east side of the property and approximately 85 feet on the west side ofthe property. B. Landscaping, including buffers, shall be in accordance with Section 67. C. Lighting shall be in accordance with 72-28(6). 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Other fire facilities are located within residential zoning districts in the county. 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 60 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 shows land classification as Transition. B. The area is approximately 1,500 feet from the intersection ofN. College Road and Murrayville Road. Immediately adjacent uses are residential at this time. Cautious site design for the fire station will help preserve the residential character ofthe area while allowing for improved community safety. C. The vision statement in the 2006 CAMA Plan expresses the need to "adapt to growth as we preserve the values that make our community a great place to live. . ." Enhancing the County's ability to improve its emergency response in growing areas of the county would be consistent with the vision. Staff presents these positive findings with the Planning Board's recommendation to approve and the following conditions: 1. Align drive access with Knotty Court. 2. Include low-level lighting in the final site design. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 61 Case: 8-562, 7/06 Petition Summary Data Owner/Petitioner: New Hanover County Fire Services Existing Land Use: Vacant Zoning History: R-10 - July 7, 1972 (8B) Land Classification: Transition Water Type: County Sewer Type: County Recreation Area: Ogden Park, Laney High School Access & Traffic Volume: Murrayville Rd.; ADT on N. College Ave.@ Murrayville Rd. = 17,514 (4/05) LOS: C & D Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Smith Creek (C, SW) Aquifer Recharge Area: Primary or Secondary ConservationlHistoric/Archaeological Resources: None with protected status Soils: Be, Baymeade fine sand Septic Suitability: Class II, Moderate limitations. Requires moderate modification and maintenance Schools: Freeman, Trask, Laney 62 .. ......... "0 ~ ~ z .~. ~ ~ ~ c Cl .... offi <( :'l 0.. ~ N .~ "0 C!:! [g 0 Ii " "'C 0 M , m "0, (/) e ~ ~....~ " ~ !1 iZ: j JiX~i: : '" </) Iil "~ ;: "!i I ~ ~,,~'9 '" ~ il!~ g ~ " ,-''''- 'III. C > ffio~ffi~g~ ;!~i!dca I 00 (C .1i~~ ~~O~ZU~ ~1il~Iffirn'9~~o o E-J: r::l~~ ~</)~~~ ~o ffi gffi ~~ c 4lU:Z ~E ~~Q~~g~~~i~~ ~~~~ N~il~ ~ 0 ~ ~ ~ ~ ~ < ~ , < z '" ~ d 5 ~ c ~ ~ ffi ~ ffi ffi 0 0 ~ ~ ~ 8.~ ' . -l I ~ :r: ~ w ...J >- ~ LL . jj ~~~~6~~~~g~~~~~~~ th!.e8: . </) mo..< 63 ZJ ~' Untitled \oJE ,THE UNDERSIGNED, ARE OWNERS OF REAL P LOCATE A FIRE STATION IN AN R-15 ZONI ROPERTY IN THE AREA OF SPECIAL USE PERMIT TO THIS WILL DO TO PROPERTY VALUE IN THEN~R~~~TRICT.WE REQUEST AN INPACK STUDY ON'WHAT ',.' / ) (1/1,,].t; - " ,/J,:." -<'~: / y4" ~ /?'cc' ...,~ I': " c ./ / I ..' ' /0: J / /..-. , \-1, 1._ L ; :i.i "'::1 )- ~,-- ':'--\.,:._~.__ .~~,IV''-...' ~ l i__I:'~_!~'L-\~\ {t .:" t !~/ f!-.l LLJ~:'~}\..' 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L' (!7.N O~J L./ $ t- -.... -5 ~ O.t-t C H R..R. G' \ I f.a 0 () .5 F- A LLc/..-."IX-ce t:....(.J .t"-..1 ,.(;,.-- /'-J.e t F7'~))- 64 untitled WE,THE UNDERSIGNED,AR[ OWNERS OF REAL PROPERTY IN THE AREA OF SPECIAL USE PERMIT TO LOCATE A FIRE STATION IN AN R.-15 ZONING DISTRICT. WE REQUEST AN INPACK STUDY ON WH/n THIS WILL DO TO PROPERTY VALUE IN THE AREA. .") . / . 1-i.- .~ . - - '. ..." .' .' Ij -' . ') t I- . '- 1'1.ti--G././..i'..- (,z LAv~alA.. l Lj! - / I ("1) U I.. 7 '-- 0 "j Cf, ~ cUU1i- 5lJO~ ~1"\7JI-\0f cr -Ka'-Q/f11c.t~}1JJiJ2h . 3b ( ! f:/l(Jif:j E'J. tf)1f~ AtilJo 3'75-4473 7001 1-14/len 7kC:-E ~.,./ (J . i' ()f 1/ .;"- . v' /" -' I i I.- ~L-~CIJ---. JC;}-'Jl.'J'O 5 ~J 5 !"crl\e,,- Jt.v [1.:-,:.... r-, ./ _ _______ (l .J /' --]' '---T-'-~'-- 3 ~: r l;/1 6' /7 C::{ ,." ~ -:-J"t./...A1A.?t.({-t"~ /. ----;? //1.. '. " /J I ~f2fC:#~"i . ~'?,;~CJ77 C~7(- i~~" {a/:.:/( J (' C) Y " K~;c\'/ T (?-T-' i/::Je. 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",. ) 15,'1 i.... (A//J/v !~t 1\ ( Q r...x \"'> + it \If\Cq.A'dJ,-- O'lcLnUy 1'./ {J.(})A f Ti'~l <:. (Ji' - _..-lr--;-- '(" . I I "\ ,)., ~- j I. ; __ \ ' (,,-, t. ,\ t '\ II ,to ~ ,r '."rl..L. --\.". I \ \ -\- 'L /......;../\...'L ,/ ) \,.~ U W'--i\~~_.\" \ ~.s:.} (b':. \, ."--.\ Mt\M)t~.Jt;, "I..? (l;')J\ T)'(\;"';:<~.t...-), '7 (j[}-f 'ftu.....t,f.,,;,"'\ "C',k..k ~:,t.. ?".. .' "Vi .f' I,. ) .' ;.J "./\1, ~l Ii, _ . .,~< , t .. . .. \ J \j ~~b.A'"\ !? ~ { b -I aM VI r(ll-l -i 0.4 ../~ r \;~ , I,' \ ftr~' I Vl....,t' j " . 'i . .! c <, ~..., "", '~j f' I L.c-,.'~' :.),~_ ,. ,-------- 65 untitled WE,THE UNDERSIGNED,ARE OWNERS OR REAL PROPERTY IN THE AREA OF SPECIAL USE PERMIT TO LOCATE A FIRE STATION IN AN R-15 ZONING DISTRICT.WE REQUEST AN INPACK STUDY ON WHAT THIS WILL DO TO PROPERTY VALUE IN THE AREA. ~i 17.7 1 /. .. . .~ ( .----- '. -, . /a];t>1{klL- ~ 1"9 I L' (F-) f-Zi ( (() -, \ J t' / I(~) ~_/. (. _/ ' l.. c.- I....JA . 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'3 6 (J <7 L~ P If A..'; A.: 7 e r- A a?7f.q;,*- ;:1 ~ /' rage 1 66 , ~/~). /. . .. i/...' .' ') 1/ /" .. 'If ,/ ~.//~ PETITION AGAINST SPECTJ"'N J Unti t'] ed DISTRICT . wi: BELIVE A Sf':" l ES PERMIT TO LOCATE 1\ ""IRE "T' .. THEVALUE OF PROPERTY I~,~~~L USE PERMIT IN A'f-]5 'ARE~ ;~iC~)NII>! .>.i,N R,.15 ZONING WI:, fHE UNDERSIGNED" ~ E l."~EA. L ::.lIBSTANTIALLY INJURY , . ' .. ,ARE OWNeRS uF REAL PROPERTY IN THE AREA. _ i. y,/-=- .r c.'I".; ',' /...r; 1_ /1 / .,' ". . I --' . .."A( Ie? .... f ( / . ../ .,- '." C' ,_'. .~.. /.__.,~r.." ,., /'i..'/'t.. .." 7' ..-.~.", ./. h\/LL,.) ,'I. Lt. ,\ ,,\ _ \)\ ..' .r'. , (I' \' " , /- ' ..n . r ,. , ,. " \ l " t. . -_. I ' / "7' --- J --., - ....co......' ul" ri-jLJ.,,-,-,L IA'f:'1.:: f2,1'- .J.. I. .' rc.1V1+ Li -H \'J>t{\I~'C' (, i ',I U ',<:, " ,,"'. 'J,_ _ r _ ", ,_ L., ( 111 ~~ J . ...-"'., {1'" \ ) , ^ ' -::-- 4. ~ jl- ',.! 1-/ '- -- (~ ! , ,,' Ie. , I ' .. -.,---. ",. ' ! 1 I 1\ . . ". /?;""Z ^ /"" ,.' ) , ' ' .' . I ,\' ... 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' ' ) l/ i . ,.J' .\ .-' ('" r , /1"/ / //,,'tfiJiil jl r,' '-," ( if/I','!!?'" 1- ) .:t.,,''''" 1./ ., ,/. .,., ., , , "i' , I " (., / ' ; I I \. \ c' /") . /./I}. il.';' "" 1'\' ;: I ). <' . ' . ".'d "". / , . .;, flaVin' ChfiS7m HrifhVl IjliOl Ftdtl7 Ti<<! ?dwilmj){.. 2g4t:~~ /3r(1 /f/;7.D! YO( 51'r'fPf C(,I..),lh"I(.70if/AJC 67g--/00 .~^ . t' C ' ? . '/ t. \ - --. (' , ,,) ....,--",,- ,;;> \..-'-' :>:> Co f:.. :> l& ...,;:;.;T,-~' 1'-" ~>'--\ ,-,t- ~ ['L(l,,\,i:.. ,..,~ (0 -r"/, 1'\.. ",!\ if '" 1'-' I.. ;1.--'(,; ,-'--'6'11.'-' 1 K 6~")(.j/ ? b ," b )'v", {y C r, [~-, ",,"9 ,', r. . - '. ,_, . j'i (. -' ') -""'I; .f:JelJ.Zl ell e./CI/ ( t'v " () 5 rA tLUJ FL( ",,cD v~ , L W'c ,~ e L" '16 page 67 unt-j t 1 eel PETITION .",GAINST SPECTION UES PER~UT TO LOCf\TE A FIRE STATION IN AN R-15 ZONING DISTRICT.WE,BELIVE A SPECTIAL USE PERMIT IN A R-15 AREA WILL SUBSTANTIALLY INJURY THE VALUE OF PROPERTY IN THE AREA. WE,THE UNDERSIGNED,ARE OWNERS OF REAL PROPERTY IN THE AREA. . . ? /- 1- 7 J' , L-, C t I, / (1? 1/ (' .('.' f''---' / L... j~ t 4 (.( .S tV U <"'1 (] r 77-1 - , "....., ~ 1"...... ............ J /(o:(f~~ MJ:t ,3(;7[1 ~ ~~~o-t\l-1 C-i i\ 0vwV\ 'WI.J.tft, 3 b( \ +,(70 ~~'1 ~ t :D~ ,~ "700 I l-a tie" Tre.e i?d - (j~' ~ ~."" /? / A- LJ I) ')' '~ C; v)' f7:; /! r).... J "J~ ,......k' '~.tl. '.'1At--.-/ ~UA~C:~? 366.\' f.~.c~, ./ /d~ c~ ~tt/ I ' 7/ " - - tvf I fL-. . I 1>0~ :::- .. -.)t,L'". U#T I. .L/- , {. L, CL.6.( ]( 0 y /Jv,-o-/0/ C~/~ // " . ." / / '; ~. d" (.) :'U / .. l '.' c-: . - 'J7 .e,-- -----/.l,,(.(d--- -~)/~ ///--t:..~ )1., ,,' ,,-.~(t\.. .. _.., I, U ,~( (,C.' u""'v~ /7. ,/)' .' .9 l "'.' i' ~ . ( ,- I Ut/(tj" (tJ&',~'C- t~ _,?U"/{' ,--1t~CVI'U...K,' f"!e.t.z e!.i- ........-'" _ ",'7 , /'- ,,</0', -7- ,'" (:; '-~ , "'_ /" ';{-: / fi:::;rcPl1<'c'k _-;7 . ""if/Ie :(f't<4'v""",,\v7t...v"*,- cF.. ';'/1 ?U7(llfl" ",P-<,' ".r -------- /' ../ ,,),. 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J j) d V,{~ttil}~ 1'\ ..JV'i1"!', '/01'0 --(0: .,\:-'l"f/l,~" fl r r'/1~ --.,I' .. I ,#' :' -'1 \ .- i f/ -1 \ '" j I lk..t:-- 1'1..- .. ! r fI..1J0. vi I~ [/I -- i ~,. .-- ,1 . I .,~--,,- 1 J\ \,.....~: " J"''''-' /1! \ J', \ .r, _ ~,r ,'" i .-., f' ;", I ____ \ ./ - ":\1 .! \. /V 'r". ". '. '-rf" I . " v~~if luL'\ fl\\\ti\ \~tt Lo 68 Untit.led PETITION AGAINST SPECTION USE PERMIT TO LOCATE A FIRE STATION IN AN R-l'i ZONING DISTRICT. WE, BELIVE A SPECTIAL USE PERMIT WILL SUBSTANTIALLY INJURY THE VALUE OF,;,l, PROPERTY IN THE AREA. @ WE,THE UNDERSIGNED,ARE OWNERS OF REAL PROPERTY IN THE AREA. /UvCACJJ- Vvr :3l101 t(o,.n~n(\ [fee CJ. i '~\ f" 4-cc r f J \ r\~ t \ -rr Vi 1\ r( \ i ,-," '- !;,I' \ ",\ \.. j) , . l \~1l"* '~~j \ \ /..<X:l \) Iff] ._, r(~(J C I ' ~\j~ "le. (~J( l,T) :X~'SYC6 :; Il~' l'S k-.;; i)}:f 47 j) Ai .~ ,. .--" ,/>' ) "'" /,2 ~ /2/1.L/ 1)../ (? / /fl.f,";: ( T. /. ) A- J.. (" (..--(..;/-Rt / .16/cJ-L/; l..) . <7('~ C, )IJ~rJ /./ .:;J /.-." ~ f fl;1.1N~\p v / ~' ?)d] L&t~I~' ~~.e ch ~ ~! I) J ' 3 (Q'C\v \,~ - ,~. , ~,)fllr~ :<fllcy" L((~ jJ.l~7 '\(Q,YLLO~\L~ "- \<()Ji\/\J"~-< \ ,\r:..~,.t~t- \)\ Itvre(\('5 (.....;> "- ' I "" \. (j~C::"l-) 1r1JJ 1..-,~~ :3 & 17 6 c-i1711r-- ~e c1-- ., . --4'~~k-~.-, '3.9\9 r'\5c"t7:tJ('e:co Co':" . I ,// e;.t.. :'/, /. !.A-' /v'r t1/kx1;2;) Ii :('- J;J7' l 1,.../ <. . ...-) j' .. ../' J L (0 j jtv' ,.U'-'t i " I:: // k AZA / .77.7 - .r,.',/ ({/)"'''.., {_P/.. . ..;~:,K1. ..?.I"7;?"' t.........;. I.? (,,," " > '., " ~ , I. " (. ~.J _. , (' ~ // //) .- ,.. ,. '. L . ...- L., l /" ~ i 3 ~Db f;:J;U~"'3 ,..j"'j,tl,t /:::Xh. :,', "'\H ~v~ j"""",J / ),; _ -=~ 6 {If''. /<..~:t:It; (C;'i.'-~::~/ ." , . C ','V'.'- > ......./... ~ ... . ~.....! ;de Cl cr i ;:~.D ( ',t,,1 ;6I~"1f/ti:'r): 11;;'Fl;'b- T' // "t., page 1 69 This page intentionally left blank. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit (S-564, 7/06) - Request by Withers & Ravenel for Brad & Sherry Dunker to locate a 204 Child Development Center in the R-15 Residential Zoning District on 2.98 Acres at 547 Sanders Road BRIEF SUMMARY: The Board of Commissioners heard this request at its June 5, 2006 meeting and voted to deny the request by a vote of 3-2. Since that time, certain modifications were made by the petitioner. The Planning Board heard the modified proposal at its August 3, 2006 meeting and recommends denial by a vote of 6-1. The Board's recommendation was based on the position that Sanders Road traffic impacts from ongoing residential and commercial development have not yet been mitigated, and therefore, the true potential impacts of a large daycare operation cannot yet be evaluated. The adjacent neighbor and neighbors from Saltaire Village expressed concern for additional traffic impacts on Sanders Road and objected to a perception of commercialization in the residential district. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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: ~ @ill ........ . .. S-564-Slaff Summary.doc S-564 Pelition Summary.doc map, site plan, petition, aerial photo, and Venus flytrap letter ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Denied 5-0 based on findings that the project will pose a public hazard (increased traffic). 71 SPECIAL USE PERMIT S-564, 7/06: First Choice Child Development Center for 204 Children Request By: Sharon Walker & Brad Dunker Location: 547 Sanders Road PLANNING BOARD ACTION The Planning Board heard this proposal at is August 3, 2006 meeting and recommends denial by a vote of 6-1. The Board's recommendation was based on the position that Sanders Road traffic impacts from ongoing residential and commercial development have not yet heen mitigated, and therefore, the true potential impacts of a large daycare operation cannot yet be evaluated. The adjacent neighbor and neighbors from Saltaire Village expressed concern for additional traffic impacts on Sanders Road and objected to a perception of commercialization in the residential district. 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 Planning Board determined that traffic on Sanders Road is currently too congested to safely add this type of traffic generator prior to planned improvements. B. County water and sewer will serve the property. C. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an identified collector. D. Fire Service is available from the Myrtle Grove Fire Department. E. The property is not located in a flood hazard area. F. NCDOT traffic engineering department did not require a Traffic Impact Analysis. G. The applicant is proposing to voluntarily instalI a right turn/deceleration lane eastbound on Sanders Road. H. Parents may be able to combine trips with the elementary school. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. Off-street parking requirements are met according to the requirements of Article VIII ofthe New Hanover County Zoning Ordinance. C. The majority of parking spaces provided on-site would be utilized by staff. D. The entire play area will be within an enclosed fence with a minimum height of four feet. E. The applicant states the day care will be licensed by the State of North Carolina. 72 F. The site plan reflects Section 72-20 for sign dimension limits, when located on a collector or arterial, which cannot exceed a maximum size of 12 square feet (i.e. 3 X 4). 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. Buffers in accordance with Section 67 of the ordinance are reflected on the site plan. D. Applicant volunteers to provide low profile lighting in the islands of the parking lot and an opaque fence on the east side of the property in addition to the vegetative buffer screen. 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 Urban. B. Policies in the 2006 Land Use Plan do not address daycare needs. C. Bellamy Elementary School is located adjacent to the proposed site. D. An independent site evaluation for the presence of Venus Flytraps observed no plants on this site. Suggested Conditions: 1. Staff recommends that, if approved, the project be required to participate in the cost-share of road improvements to Sanders Road based on existing Traffic Impact Analyses and NCDOT requirements. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 73 Case: S-564, 7/06 Petition Summary Data Owner/Petitioner: Brad & Sharon Walker Existing Land Use: Vacant Zoning History: R-15 - April 7, 1971 (Area 4) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: River Road Park Access & Traffic Volume: 6,119 ADT (MPO-4/05) LOS: A & B Fire District: Myrtle Grove FD Watershed & Water Quality Classification: Mott's Creek Aquifer Recharge Area: Secondary recharge for Sandhill aquifer ConservationlHistoric/Archaeological Resources: None with protected status Soils: Le - Leon and Ke - Kureb Sand Septic Suitability: Class III/Severe Limitations to Class I1Suitable Schools: Bellamy Elementary 74 q~'HJ'V38,'trN''10~\f:) ~- ,! I -" j; r-" '. I /) ~ ~ "'< \\ I (.I / ; ~ r-N ._~".\. ',,- " g ~ (m \ '"7 j '---'-," " '\' J __ .... C f' --') ;0 , >"', 'c_ '.-- I I '" , '.' m () , Z I ',. '-j/ ~ ! '" -UGdFlfU-030NItS-L I() .... m c:i:. I() .... c:i:. "8 ~ NM~~~~~m~~~ :i: " 0 iii <( 10. 1i ~ ..,. .! "'C ~ tg 5c-g~~rh ~ ~ ~ W:":~D , ~ ~ S ~ ~ ~ E ...J Id '. .: ~ l; ~ ;l; 15 z ~ i ~w ~ ~@Q Ur ~5 ~ ~~~~j~ CO"'<.J o:ogjor,;",W'" OEo ;Z~zal"itli:it j::: ,~ ~ b 10 ;;J 15 ~ $ ole 0 0"", ~ lll;:rO"'ih21l: ":!h ~!' ~ffiUz~"'~ffi ;2; ~.~ "T" i 15 ifi ~ '!: ::> ~ ~ 2 i.?~1i ."' filf5~~~iL:15 (JJb?;~ ~ 75 fI!mnd ~ rJWu/t~ #nc. (tn1H/t~ Cfi!o.ndwttan6 .c1'041 tflice :JJox 2.522 U)fitnunff'on~ JVmlh '€a/wlina28402 Q/!{J(ftJte:J f!lha'l-wh ~e .'!J>altk .'!J>hone: .9/0-1S2-000/ .J805 o/hitfhtwille ,Yl/fe-?Ule /fiu:te -IS /ffiax: .9-10-1.~2-()o60 tWilmil1f1/on, J[r'(? 281M June 23, 2006 {.{M('lfl'-,Imfl'~oaj;,net TO: Mr, Roy Chamberlain Secof Construction 1202 N. Lake Park Blvd. Wilmington, NC 28428 RE: Site Evaluation for Venus Flytrap; Dionaea muscipuIa 547 Sanders Road, New Hanover County, NC Dear Mr. Chamberlain: On June 20, 2006, staff of Land Management Group, Inc. evaluated the tract located at 547 Sanders Road for its potential to support the Venus flytrap (Dionaea muscipuIa). The 3.58-acre project site is located within the Wilmington and Carolina Beach topographic quadrangles in New Hanover County, North Carolina, specifically north of Sanders Road and west of Carolina Beach Road (see attached figures). The results of this evaluation are based on due diligence including observations made on the date noted and on other information gathered from maps and databases. It is not intended to be absolute and only gives a reasonable determination of the presence or absence of this state-protected plant within the project boundaries. The Venus flytrap is classified as a Federal Species of Concern (FSC) by the U.S. Fish and Wildlife Service and as a Candidate - Special Concern (C-SC) by the North Carolina Plant Conservation Program. Please see the attached tables for additional information about the species' protection status. The Venus flytrap is a perennial, insectivorous herb that is endemic to the Coastal Plain of the Carolinas. It is found most often in ecotonal areas between pine savannas and poco sins, but is also observed in moist ecotones between streamhead pocosins and longleaf pine/scrub oak/wiregrass uplands. These sites are generally flat with wet or moist soils for much of the year. This plant is shade-intolerant, therefore, moist sites exposed to sunlight provide suitable habitat. Flowering occurs between May and June. (Radford et aI, 1964), _ _ _n_~_._~__ -- 76 Although a formal wetland delineation has not been performed, most of the site appears to consist of uplands. Upon inspection, the site was found to contain a sparse canopy of longleaf pine (Pirms palustris) and loblolly pine (Pirms taeda) trees. The shrub layer was largely absent and the herbaceous layer contained bracken fern (pteridium aquilinum), fetterbush (Lyonia lucida), blueberry (Vaccinium spp.), creeping blueberry (Vaccinium crassifolium), wax myrtle (Myrica cerifera), and American holly (flex opaca). The entire site was inspected, however no Venus flytrap individuals were observed. It is the conclusion of this site inspection that the Venus flytrap plant does not occur within this site. This may be because the site is too dry to provide suitable habitat for the plant or because a seed source for this species does not exist in the area. Please give me a call if you have any questions or require additional information. Sincerely, . it- f)~ Kim Williams Wetland Scientist 2 77 North Carolina Status: Endangered., Threatened., and Special Concern species have legally protected status in North Carolina through the North Carolina Plant Conservation Program. Status Status Definition Code SC Special "Any species of plant in North Carolina which requires monitoring but Concern which may be collected and sold under regulations adopted under the provisions of [the Plant Protection and Conservation Act]" (GS 19B 106:202.12). (Special Concern species which are not also listed as Endangered or Threatened may be collected from the wild and sold under specific regulations, Propagated material only of Special Concern species which are also listed as Endangered or Threatened may be traded or sold under specific regulations.) C Candidate Species which are very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction (and sometimes also by direct exploitation or disease). These species are also either rare throughout their ranges (fewer than 100 populations total) or disjunct in North Carolina from a main range in a different part of the country or world. Also included are species which may have 20-50 populations in North Carolina, but fewer than 50 populations rangewide. These are species which have the preponderance of their distribution in North Carolina and whose fate depends largely on their conservation here. Also included are many species known to have once occurred in North Carolina but with no known extant occurrences in the state {historical or extirpated species); if these species are relocated in the state, they are likely to be listed as Endangered or Threatened. If present land use trends continue, candidate species are likely to merit listing as Endangered or Threatened. Federal Status: Designated by the U.S. Fish and Wildlife Service. Federally listed Endangered and Threatened species are protected under the provisions of the Endangered Species Act of 1973, as amended. Status Status Definition Code FSC Federal "--. The Service remains concerned about these species but further Species biological research and field study are needed to resolve the of conservation status of these taxa. Many species of concern will be Concern found not to warrant listing, either because they are not threatened or endangered or because they do not qualify as species under the definition in the [Endangered Species] Act. Others may be found to be in greater danger of extinction than some present candidate taxa. The Service is working with the States and other private and public interests to assess their need for protection under the Act. Such species are the pool from which future candidates for listing will be drawn," (Federal Register, February 28, 1996). 3 78 REFERENCES Radford, AE., HE. Ahles, and CR Bell. 1964. Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, NC. 1183 pp, Schafale, M.P, and AS, Weakley. 1990. Classification of the Natural Communities of North Carolina- Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment and Natural Resources, Raleigh, NC, 325 pp. 4 79 WE THE UNDERSIGNED RESPECTFULLY REQUEST DENIAL OF THE SPECIAL USE PERMIT FOR A DAY CARE/CHILD DEVELOPMENT CENTER TO BE LOCATED AT 547 SANDERS ROAD NAME ADDRESS . .2(f-YI,;Z r. .' J ~. . _. /) ..... '-Y " Uc) 1/ ~, Zc 1. ~t.'"t']\... >' (Ll' " .1-~C!.f~<. !( . .iLl'C~( ',/Li7L / ,,'--D--C ,,' __ /:~?\1c., (t/" ..e! If'</t_~ /./ c'."J - 2,1, 2. /'-.' {r \, "':::. ( , /. "-C-' .7/<:--,',: "-{~. 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' ./ L !,r <_,I '-~,-- t '\ 1j j i,' , i' ( 12. ./j,f_.{'-,'J ;"I\i.~,./ " ,i\l';, 13, ~>/f',f,.:': _ ,""~.~ ,},j / "--'1 \' 1\ II'V\ ',i. 26'+ 14. )'f L (. I ~~ ,/ '. "..t . I i '4 i.- V G, OJ'{--r--r( ".I--t:.~iL)..j ,2 J'</ f 2..--- (' I,' ;A. . , ;"I 16. ' (,'f., ."",.' ..'T ,-. /. ,"'}--..-/ f' L. '.f L,'--.j; / /y' .d'''-{:l'~J--~l~J , '. ) i. \! \ t \ 17. ',.'. i \^ u.. t.>" ,,~"'!. }[ C.,,,. (: , " ".. ',.' ~'<i '\ <k'J"l "'_ '-';"j-\:1,";' i, .\ 'd .) ) f r',J 7. 18. ~; ,. 'Po'';'' " " .- \ jj,._-'"i i ; r' II ' .J 19. , , {, .-" 20. " /./'''i,~) J f , .~ 80 WE THE UNDERSIGNED RESPECTFULLY REQUEST DENIAL OF THE SPECIAL USE PERMIT FOR A DAY CARE/CHILD DEVELOPMENT CENTER TO BE LOCATED AT 547 SANDERS ROAD ADDRESS ('2' i' \ (' I-' . , , "7J~'. ' ' _____ j /~, 1 .H~. if",..-;.. L L.j 7" I 2..., ,.-' -J t.., (.", ., '-/ ')' ...,.v,. " ., 1,' _ t-; -J -,..I ,"'- ."- "~L((t(.,-.,",, ~, <...l.LC"'j( -' ,<] 92,/ ,~:::;;ILT-.q/~lt.? Ll(~' er. .2'2~.c/IL. '/, "",..'] /' '. , /J J':2 C'. 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( ft." 81 WE THE UNDERSIGNED RESPECTFULLY REQUEST DENIAL OF THE SPECIAL USE PERMIT FOR A DAY CARE/CHILD DEVELOPMENT CENTER TO BE LOCATED AT 547 SANDERS ROAD NAME ADDRESS ,..-' e..... - '. (, '.- /~~, /'-,_ 1.H/'Itl" C, .xl+j~l '.- -I'IL-tMP"- V.[/kt-Jc. (L>:,/,C./ -,.'~\ \ ' " \'" ...\ ' --. . '- .".l...." \;. ,.\\ \ t' ,,', \ -. """'\ '),.\ . ~ -'. 2 . )\,,-)...J.\..."'j.,>.- \...:./\:~\I}\1 ~.:..v\:l\\J~ c~" \j\\.\W\\J;\~ \""''-L~'~YJ,x'-',!,.1- . -- v-../'''- .., .....-' _. . ,Cr) { . ..,"----.. . '/' ~.. r 3/. / " ;)JlfJJ. \.{: . 4. c:>2b;Y/~ 5. r.(/"':,/p/, !/,> " 2;: .';' / >---" -'S (/il /;'Y/A,( /./(CC/rY,( (':/ ..~;h.<<", ( I' 'J;':( ". !' l . 6 \ 1\1. f \ , .-~"/// '~ . j f _.. oj /! 7, ..,2.S l /1- .:2.' 4 I ;J., I.' "..'-., ..C--'.., 1,/ ,._,i.F., , .'" .' ,-0(1 f _. 10. ./ HI ~! I i "'-. >::r-< "'" b.... [10.' / / '-... ) ',.,,(', ;:. '- ,') j..,-'~~ ,-._".C'-.._ ,;) d I I -I . ~"", , . . ~/ (; 1 I. 'I/-J/hlhtl l.llS (/i.i //4-( jc~ ~/! 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'~<" ~l ( ~ I lZ 1'( /'-. . ..::.,: {,. ( ",' ,., "'-- .1" . / ~. '.) ...", , '--: ! .{.....(.' i.. (( c~.). 18. - I ' -'. Vt .. , ~l'.' / _~,.L_. / .. .! 'o' -" !, , / . '/ / o.'~- ,-..' I '" "), <.. .'''' ,.';" .L i !. ., ,. /,"") '. '/, .. 19./.. ..j' '.."-~ .....,1.,-, ...:.c-.t ...., '-: ,.!..!.- ,1].'1; (,I, }.' , .'..\.. ,.. '..' L 7 .."....'J'I . I " 20: .. ~ 82 ~ I ~ ~ - ~j7f 0 0 ,..c.: i, 0 / ~""'r"" (/) <- .~o/~, .~ .,~ ,. ,~,," "","ifl...\\~ ,"' "" ' ...~'" .';~})'-1"11'lf:~' ,. <,:'~' ~{:;~"''': ,'<.,' '~>:"," U'_,:';';~("":'<':::?j, ~- 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.5 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Conditional Use Rezoning (Z-844, 7/06) - Request by Dominion land Corporation for Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask to Rezone Approximately 107 Acres Near North College Road and Parmele Road from R- 15 and 1-2 to Conditional Use CD (R-10) BRIEF SUMMARY: The Planning Board heard this proposal at its August 3, 2006 meeting and unanimously recommended approval. Public comments from neighbors in the adjoining subdivisions revealed concerns about increased traffic in their neighborhoods, increased density in the aquifer recharge area, and increased drainage problems. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the zoning is approved the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ . .. Z-844-Slaff Summary.doc Z-844 Petilion Summary,doc map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved rezoning to R-10 by a vote of 5-0. 85 CASE: Z-844, 7/06 (as amended) Also See S-565 PETITIONER: D.T. Tunstall/C. T. Eckel/ M. H. Trask REQUEST: R-15 Residential District and 1-2 Industrial District to Conditional R-IO (CD) Residential District ACREAGE: 107 Acres (approximately) LOCATION: 4301 N. College Rd. LAND CLASS: Aquifer Resource Protection PLANNING BOARD ACTION The Planning Board heard this proposal at its August 3, 2006 meeting and unanimously recommended approval. Public comments from neighbors in the adjoining subdivisions expressed concerns about increased traffic in their neighborhoods, increased density in the aquifer recharge area, and increased drainage problems. STAFF SUMMARY The subject property is located near the intersection ofN. College Road and Parmele Road in the northern portion ofthe county. Access to the site is currently from N. College Road, a major arterial on the thoroughfare classification plan. Traffic counts for N. College Road were 13,255 ADT in April 2005. Traffic counts in 2001 were not taken in the same location as 2005 for purposes of comparison. Current Level of Service (LOS) is shown as Level E (at capacity) on N. College Road. No LOS is given for Parmele Road. The property is currently vacant and spans an area just under a quarter of a mile wide, adjacent to the New Hanover County Jail between N. College Road and the Seaboard Coastline Railroad right-of-way. An area of about 21 acres running along the southern property boundary is zoned 1- 2 Industrial. The remaining 86 acres is zoned R-15 residential. Along the northern boundary of the subject property are three subdivisions in the R-15 Residential District; Parmele Woods, Creekstone, and Rustic Acres, as well as several undivided residential parcels. Street stubs are in place in each ofthe existing subdivisions, providing opportunity for future connectivity to Parmele Road, which is a designated collector road on the thoroughfare plan. The Rustic Acres right-of-way is private. To the west of the property is zoned R-20 and includes Castle Hayne Park. Eastward across N. College Road is vacant land zoned B-1 and R -15. R-IO Residential district restricts a few uses otherwise allowed in the R-15 district, such as kennels, stables, and fruit and vegetable stands. The purpose of the R-1O district is to accommodate residential public water and sewer, which are available. Typical maximum residential density options in the ordinance are described below: Conventional lots Performance Residential High Density* R-15 15,000 sq. ft. 2.5 units/net acre 10.2 units/net acre R-IO 10,000 sq. ft. 3.3 units/net acre 17 units/net acre 86 The existing R-15 acreage would generate up to 216 residential units in addition to the potential industrial uses on the 21 acre portion of the tract. The general implications of rezoning an R-15 to an R-IO district are a slightly more restricted range of uses and higher maximum density/intensity opportunities. Each subdivision proposal is subject to natural conditions as they relate to standards in the County's ordinances and state or federal requirements, but a maximum theoretical development scenario for 107.17 acres if the property were entirely zoned R-15 would allow 268 total units, compared to 354 units in R-l O. *In accordance with Section 69.4(3)D., the high density option would not be available in the subject location because that option is only allowed in the Transition land classification. LAND USE PLAN CONSIDERATIONS: The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource Protection class as providing for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. The Aquifer Resource Protection Area is a subclass of this classification and recognizes the location of the Castle Hayne and Pee Dee aquifer recharge areas needing protection from diminished recharge and potential contamination. Protection strategies in the plan encourage larger lot development if septic systems are used. Related Policies: 3.26 "Ensure that all land use and development decisions protect groundwater aquifers." 3.28 "Preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resources for the County." 3.28.4 "Allow density to increase to urban densities in the Aquifer Protection Areas as sewer service is provided." 3.28.5 "Require on-site infiltration to the extent soils allow." 4.1 "Designate sufficient land area and suitable locations for the various land use types." 5.5.5 "Encourage development within the urban services area where existing infrastructure is available." 5.7 "Preserve the character of the area's existing residential neighborhoods and quality of life." 6.5 "Require street connectivity and prohibit cul-de-sacs that impede connectivity through better collector street planning." 6.6.2 "Continue to require traffic impact analysis in the development review process for major development and redevelopment projects." 10.4 "Protect water quality by ensuring that drainage from land use activities has a rate of flow and volume characteristics as near to predevelopment conditions as possible." Based on the foregoing, this proposal would appear to be consistent with the strategies for aquifer resource protection in this land classification. One weakness of the proposal is that the level of service on North College Road is operating at capacity for efficient traffic flow; however, the Traffic Impact Analysis (TIA) indicated a slight reduction in traffic under the proposed scenario versus maximum build-out under the existing zoning classification. Interconnectivity with existing subdivisions along Parmele Road will be required and subdivision approval will likely require improvements to N. College Road to mitigate negative traffic impacts. Sewer capacity is currently available but limited in the northern portion of the county, causing the project to be phased. Staff supports approval of the conditional rezoning in conjunction with Special Use Permit S-565. 87 ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing Board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the Board considers the action taken to be reasonable and in the public interest." An example of a statement for adoption might be: The County Commissioners find that this request for zoning amendment at 430 IN. College Road, south of Parmele Road, from R-15 Residential and 1-2 Industrial to CD(R-I 0) is: 1. Consistent with the purposes and intent ofthe Aquifer Resource Protection classification and associated policies in the 2006 Land Use Plan because water and sewer is available 2. Reasonable and in the public interest as a transition between 1-2 Industrial and R-15 Residential Districts. 88 Case: Z-844, 7/06 and Case: S-565,8/06 Petition Summary Data Owner/Petitioner: TunstalllEckel/Trask Existing Land Uses: Vacant - R -15,1 - 2 Proposed: Residential single family and attached - R-I 0 (CD) Zoning History: R-15, 1-2 - July 7, 1972 (8A) Land Classification: Aquifer Resource Protection Water Type: County Sewer Type: County Recreation Area: Castle Hayne Park Access & Traffic Volume: N. College Rd; ADT S. of Parmele = 13,255 (4/05) LOS: N. College Road - E (Operating at capacity) Fire District: Castle Hayne FD Watershed & Water Quality Classification: Prince George Creek (C, SW) Aquifer Recharge Area: Secondary Recharge Area for Castle Hayne and Pee Dee aquifers Conservation/Historic/Archaeological Resources: None protected Soils: To - torhunta loamy fine sand;Le - Leon soils; Ly - Lynn Haven fine sand; Ls - Lynchburg fine sand; Pn - Pantego Loam; On - Onslow fine sandy loam; Wr - Wrightsboro fine sandy loam Septic Suitability: Varies from Class II: Moderate Limitations to Class III; Severe Limitations Schools: Alderman and Blair Elementary 89 '~ ij ~ ... ~ C\I ..!.. ro "0 0 i ..... N ~ ...,. 10 <0 t'- m 0 ..... ru ~ ~ ~ m ~ rn -fii ..... N N N N N N N N N Z ~ '" ... C c:l <ii <( '" a. ~ (I) "8 ~ :: IV 'tl .g .~ ~ F l: '" ~ ~ '" ; ~ ~oII ~rnJ"~ ia; C') :;:r.' . () ~..I >- ..II ~ -' ..1..1 ..1..1..1 0'" Cl) .~:;~:' . ..I ~ ~ ~ ~ ~ ~ ~ ~ '" '" '" ..J :;i~;'. J Z 0:..1:> ~ Ii; Ii; Ii; ~~ I~~ ~~~~~ ~~~ ~ >~~22~~z~~ to -'-...: o oil]! o~~ ~G '" ~W~Ii;~O:'" i~"'''''''~~~~~ ~ ~~ ~~~ ~~~~~~~~w ~~o~ ~~~ffi~~~~ o d:F! 15 ~ 0 ~ 0 z :> ~ ~ ; ~:> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ > ..; r.;,~ .+- ~ ~ ZZE",~~~~ ~J~~ffi~Q ~~~~~55~~ :.. ..Iffi~~@~ ffi ~ffirn ~~~~w "d'" .5 CO ~a~~~~I~III~~!Q~!~ii!!lliiil c l.> fi CO 0= I N C. bl N C1l c. 'd o:ct 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 4.6 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit (S-565, 8/06) - Request by Dominion land Corporation for Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask for Residential Development on Approximately 107 Acres near North College Road and Parmele Road BRIEF SUMMARY: The Planning Board heard this request in conjunction with Conditional Rezoning Z-844 at its August 3, 2006 meeting and unanimously recommended approval. Public comments were the same as those for Z-844. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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: ~ ~ ......., . .. s-565-Staff Summary-draft,doc Z-844 Petilion Summary,doc site plan and map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved motion to grant Conditional Use CD as presented by a vote of 5-0. 91 SPECIAL USE PERMIT (Also see Z-844) S-565, 08/06; CD R-I0 Residential Subdivision 354 residential units and appurtenant recreational facilities Request By: Dominion Land Corporation for Tunstall/Eckel/Trask Location: 4301 N. College Road near Parmele Road (approximately 107 acres) north of the County Jail PLANNING BOARD ACTION The New Hanover County Planning Board heard this request in conjunction with Conditional Rezoning Z-844 at its August 3, 2006 meeting and unanimously recommended approval. Public comments were the same as those for Z-844. 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. County water and sewer are accessible for'the property. B. Sewer capacity is currently limited in the northern portion of the county. C. The primary property access is from N. College Road, an identified arterial. D. Fire Service is available from the Wrightsboro Fire Station. E. 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 property is zoned R-]5 Residential and ]-2 Industrial. This request is made concurrent with Z-844 for conditional rezoning to CD(R-I 0) Residential. B. Off-street parking must meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Traffic circulation must meet the standards and requirements of the subdivision ordinance. D. A traffic impact analysis has been provided which indicates a slight reduction in resultant traffic if developed according to the proposed plan. E. The site plan indicates connectivity to Parmele Road via Saddlebrook Drive, Plumtree Lane, and Creekstone Lane. F. Buffer of 13 acres will be provided between the residential use and the County Jail property. G. Trees must be protected as required in Section 67 of the zoning ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Storm water management must perform in compliance with the requirements of the County ordinance. 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. 92 A. The 2006 Land Use Plan identifies this area as Aquifer Resource Protection, which allows for urban densities where public water or sewer is available. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Adjacent neighborhoods to the north are zoned R-15. Staff review supports positive findings with the following suggested conditions: 1. Conform to the recommendations of the traffic impact analysis, as reviewed and approved by the MPO and NCDOT. 2. Include wetlands identified on the site plan in a conservation easement. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any ofthe 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 93 Case: Z-844, 7/06 and Case: 8-565,8/06 Petition Summary Data Owner/Petitioner: TunstalllEckellTrask Existing Land Uses: Vacant - R-15,I-2 Proposed: Residential single family and attached - R-lO (CD) Zoning History: R-15, 1-2 - July 7, 1972 (8A) Land Classification: Aquifer Resource Protection Water Type: County Sewer Type: County Recreation Area: Castle Hayne Park Access & Traffic Volume: N. College Rd; ADT S. of Parmele = 13,255 (4/05) LOS: N. College Road - E (Operating at capacity) Fire District: Castle Hayne FD Watershed & Water Quality Classification: Prince George Creek (C, SW) Aquifer Recharge Area: Secondary Recharge Area for Castle Hayne and Pee Dee aquifers ConservationlHistoricl Archaeological Resources: None protected Soils: To - torhunta loamy fine sand;Le - Leon soils; Ly - Lynn Haven fine sand; Ls - Lynchburg fine sand; Pn - Pantego Loam; On - Onslow fine sandy loam; Wr - Wrightsboro fine sandy loam Septic Suitability: Varies from Class II: Moderate Limitations to Class III; Severe Limitations Schools: Alderman and Blair Elementary 94 ~ ij '" ~ .. >! C\l ...!.. '"' "8 .c m ~ N ~ ~ ~ W ~ ro ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ @ N ~ ~ ~ ~ ~ ~ re '" :i ~ :s c Cl "iii << "" ~ a : '" f! " ~ .~ ~ '" "", [1 ~ ol- e: ~otl ~~..~ ~ ~~ ~ ~I ~.J.J.J~.J~.J" a:'ii tn -::f;:. . 3 '~;~i:.; L1 ot' I- "':t <( <t <t <( c( <c {5 0"" ~ ~ ~.J~~ I m ~ ,,~~~~~~~~~ _u "'w ~ z~ <em 'o~m > <( zzz (D -':: ~!g ~g~~~zm5~~~g ffiQgg~~~~~~ 0<<113 Ii l"I'I~'.I'lr!IIIII"" r::: ~ ~ o ." 8 w ~ 0 ~ 0 ~ " ~ ~ 0 ~ '" ~ " ~ 0 ~ " "" ~ ~ ~ > ll:1- ~~zz~",5~~8 ~J~5 ~Q oo~~~~5~~~ ~... ~~ .+. 'fo ~ ~ ~ wrr~~ffi~mm ~ ~ .~~~w :.. Le!li~~I~!II~~~!I!~II~!BIIII~ ~ .-" -" CXJH Jl N .,0. ll:<t :if. --- 95 This page intentionally left blank. 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Regular Item #: 5 Estimated Time: Page Number: Department: Finance Presenter: Avril Pinder, Finance Director Contact: Avril Pinder SUBJECT: Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with Banc of America BRIEF SUMMARY: On August 7,2006 the County received five (5) proposals from banking/lending institutions for financing proposals for the purchase of equipment and vehicles detailed on the chart below. After careful analysis of the financing proposals, staff recommends the Installment Purchase Contract be awarded to Banc of America. ITEM FINANCING TERM AMOUNT CISCO System Telephone 59 months $1,000,000 800 MHz Equipment 120 months $8,400,000 Landfill Compactor 36 months $712,000 RECOMMENDED MOTION AND REQUESTED ACTIONS: 1) Adopt Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with Banc of America Public Capital Corp. 2) Adopt Resolution Directing the Filing of an Application with the Local Government Commission of North Carolina for Approval of a Financing Contract Authorized by G.S. 160A-20. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Tabulation of Proposals and Resolutions ~ ~ Agendallemforl nslallmentFinancing8,5,06. doc R esolulion I nslallment Purchase LG C Appl. DOC REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A 97 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 98 Tabulation of Proposals On August 7, 2006 the County received five (5) proposals from banking/lending institutions for financing proposals for the purchase of equipment and vehicles detailed in the chart below. Listed below is a comparison of the proposals. CISCO System 800 MHz Landfill Bank Telephone Equipment Compactor $1,000,000 $8,400,000 $712,000 Banc of America Interest Rate 3.8247% 3.9590% 3.8435% Term 59 months 120 months 36 months Fees $0.00 Suntrust Leasing I nterest Rate 3.885% 3.963% 3.885% Term 59 months 120 months 36 months Fees $1,000.00 RBC Centura I nterest Rate 4.2700% 4.4200% 4,2500% Term 59 months 120 months 36 months Fees $2,700.00 BB&T Interest Rate 4.480% 4.540% 4.460% Term 59 months 120 months 36 months Fees $1,700.00 Wachovia Interest Rate 4.760% 4.860% 4.730% Term 59 months 120 months 36 months Fees $200.00 99 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH BANC OF AMERICA PUBLIC CAPITAL CORP TO FINANCE THE ACQUISITION OF EQUIPMENT AND OTHER VEHICLES FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS BE IT RESOLVED by the Board of Commissioners of New Hanover County (the "Purchaser") : Section 1. The Board of Commissioners does hereby find and determine: a) New Hanover County proposes the financing of the acquisition equipment and other vehicles as more fully described in the hereinafter mentioned Contract; b) After consideration, the Board of Commissioners has determined that the most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended; c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance the acquisition of personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and d) Banc of America Public Capital Corp ("Banc of America") has proposed that Banc of America finance the purchase pursuant to an Installment Purchase Contract between the Purchaser and Banc of America (the "Contract") and a related Escrow Agreement between the Purchaser and Banc of America (the "Escrow Agreement"). Section 2. The Board of Commissioners hereby authorizes and directs the County Manager, County Attorney, and Finance Director to execute, acknowledge and deliver the Contract and Escrow Agreement on behalf of the Purchaser in such form and substance as the person executing and delivering such instruments on behalf of the Purchaser shall find acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the Contract and the Escrow Agreement and attest the same. Section 3. The proper officers of the Purchaser are authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and the Contract and the Escrow Agreement. 100 Section 4. Notwithstanding any provision of the Contract or the Escrow Agreement, no deficiency judgment may be rendered against the Purchaser in any action for breach of a contractual obligation under the Contract or the Escrow Agreement and the taxing power of the Purchaser is not and may not be pledged directly or indirectly to secure any moneys due under the Contract, the security provided under the Contract being the sole security for Banc of America in such instance. Section 5. The Purchaser covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code") as required so that interest on the Purchaser's obligations under the Contract will not be included in the gross income of Banc of America. Section 6. It is hereby determined and approved that (i) the proceeds of the Contract shall be used for purchases of equipment and other vehicles, (ii) the maximum principal amount of the obligations expected to be incurred in connection with such purchases are $712,000, $1,000,000 and $8,400,000, with 36, 59 and 120 monthly installments respectively, and (jji) certain proceeds of the Contract be paid to the Purchaser as reimbursement for the expenditures. This, the 5th day of September, 2006. (SEAL) Robert G. Greer Chairman, Board of Commissioners ATTEST: Sheila L. Schult, Clerk to the Board 101 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF A FINANCING CONTRACT AUTHORIZED BY GENERAL STATUTE 160A-20 IN AN AMOUNT NOT TO EXCEED $10,112,000 AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") of New Hanover County, North Carolina (the "County") has decided to use an installment purchase contract to finance the costs associated with the acquisition of certain equipment and vehicles for use by New Hanover County, including (i) 800 MHz system and related equipment, (ii) CISCO telephone system and related equipment, (iii) landfill compactor (collectively, the "Project"); WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the New Hanover County to apply to the Local Government Commission of North Carolina (the "LGC") for its approval of the financing contract in an amount not to exceed $10,112,000 (the "Contract"), the proceeds of which will be used to (a) finance the costs of the Project, (b) reimburse the County for expenditures already incurred since the inception of the equipment purchases. WHEREAS, financing pursuant to General Statutes 160A-20 must be approved by the LGC and will only be approved if the finding of General Statues 159-151(b) are met; and WHEREAS, it is anticipated that the LGC will approve the Project and the financing thereof contemplated hereby at its meeting on October 3, 2006: and WHEREAS, it has been presented to the Board substantially final forms the installment financing Contract between the County and Banc of America in the principal amount not to exceed $10,112,000; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: Section 1. That the County Manager, the Finance Director and the County Attorney of New Hanover County are hereby authorized, directed and designated to file an application with the Local Government Commission for its approval of the financing contract. Section 2. That the Board finds and determines and asks that the Local Government Commission find and determine from New Hanover County's application and supporting documentation: (a) The proposed contract is necessary and expedient. (b) The proposed contract is preferable to a general obligation bond issue for the same purpose because of the particular needs to be financed, the short 102 term nature of the financing, the aggregate volume of financing to be accomplished and the desirability of having the alternative financing structures and repayment provisions possible in the proposed negotiated installment financing. (c) The cost ofthe proposed undertaking exceeds the amount of funds that can be prudently raised from currently available appropriations, un- appropriated fund balances, and non-voted general obligation bonds that could be issued by New Hanover County in the fiscal year pursuant to Article V, Section 4, of the North Carolina Constitution. The Project is non-revenue producing so revenue bonds are not an option. (d) The cost of financing under the proposed Contract is not greater than the cost of issuing general obligation bonds. (e) The sums to be provided under the Contract are adequate and not excessive for the stated purpose. (f) New Hanover County's debt management procedures and policies are good and have been carried out in strict compliance with law and will henceforth be so carried out. (g) Any increase in taxes necessary to meet the sums estimated to fall due under such proposed installment financing Contract will not be excessive. (h) New Hanover County is not in default in any of its debt service obligations. (i) The attorney for the County has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws ofthe State of North Carolina. Section 3. The Chairman and Vice-Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Contract. Section 4. To the extent permitted by law, the officer or employee of the County as may be responsible from time to time for the preparation of the annual budget of the County, is hereby authorized and directed to carry out the obligations imposed by the Contract on such officer or employee. Section 5. All other action of the officers of the County which are in conformity with the purposes or intent of this resolution and in furtherance of the execution of the Contract and the undertaking of the Project, including the execution of the Security Documents, are hereby ratified, approved and confirmed. The representations of the County made in the Contract and the Security Documents are hereby confirmed. The approval by the 103 County of the Contract and the Security Documents is contingent upon the approval of the Contract by the LGC. This, the 5th day of September, 2006. (SEAL) Robert G. Greer Chairman, Board of Commissioners ATTEST: Sheila L. Schult, Clerk to the Board ^_..~- 104 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. 8:10 p.m. 1. Non-Agenda Items (limit three minutes) 8: 15 p.m. 2. Approval of Minutes 107 8:20 p.m. 3. Consideration of Westhaven Water Line Extension - Request for District 109 Participation and Approval of Associated Budget Amendment 07-013 8:35 p.m. Approval of Budget Amendments: 4.1 07 -029 Water and Sewer 117 4.2 07 -031 Water and Sewer 119 105 This page intentionally left blank. 106 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 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 Water and Sewer District meeting held on August 14, 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. 107 This page intentionally left blank. 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Westhaven Water line Extension Request for District Participation BRIEF SUMMARY: The developer of Westhaven has extended the District's water system approximately 580 linear feet along Market Street to supply water to this tract. The developer needs an 8-inch water line to serve the project, but is extending a 16-inch water line for the convenience of the District. This increased capacity line, along with other ongoing enhancement projects, would provide greater water flow and pressure in the northwestern part of the County. The developer obtained three bids for the extension as an 8-inch line and three bids for the extension as a 16-inch line. Staff evaluated the bids and checked material costs with suppliers. Staff determined that the difference in cost between installing a 16-inch water line versus an 8-inch water line on this project is approximately $39.48 per linear foot, totaling $22,900. The item was removed from the Board's August 14, 2006 agenda because of continuing discussions. The contractor misunderstood, thinking that this project was fully funded by the County. As a compromise, it is proposed as an alternative, the County participate in the project sharing by a total of $52,900. The County benefited as this developer a provided water line that was scheduled for future work by New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board may consider two options: 1) approval of budget amendment 07-013a for $22,900, or 2) approval of budget amendment 07-013b for $52,900. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Operating Budget ATTACHMENTS: ~ ~ 07-013a.rtf 07-0l3b,rtf revision 2 109 ~ Westhaven Water Line P arlicipalion R equesl S kelch pdf ~' ," ..... i:;&M' Request for Gordon Rd Water.pdf REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved option two 5-0. revised 110 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/14/06 Budget Amendment BUDGET AMENDMENT Number: 07-013a DEPARTMENT: Water & Sewer 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 1. The following appropriation is hereby made to the Water & Sewer Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water & Sewer Administration: Capital Outlay $22,900 Revenue Decrease Increase Water & Sewer Finance: Appropriated Fund Balance $22,900 EXPLANATION: To budget Water & Sewer fund balance to pay developer to extend water line in the Westhaven area, which will help County in cost and also water pressure in that area. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: revised 111 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/14/06 Budget Amendment BUDGET AMENDMENT Number: 07-013b DEPARTMENT: Water & Sewer 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 1. The following appropriation is hereby made to the Water & Sewer Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water & Sewer Administration: Capital Outlay $52,900 Revenue Decrease Increase Water & Sewer Finance: Appropriated Fund Balance $52,900 EXPLANATION: To budget Water & Sewer fund balance to pay developer to extend water line in the Westhaven area, which will help County in cost and also water pressure in that area. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. revised 112 GM Westhaven Subdivision Water Line Participation Request L\ Upsize 580 feet of water line from an 8-inch to a 16-inch along 1 inch equals 100 feet N Gordon Road to connect the Westhaven Subdivision to an existing Ml311l6 waterline near the intersection of White Road and Gordon Road - 113 This page intentionally left blank. 114 STROUD ENGINEERING, P.A. ")NSUI_T1NG F"JGINELHS ':'.D C:!~~FM,. ['HIVE V'JILMINGTON NORTH CAROLiNA ;![Wn I. ~.1 n \-i 1 ::l.(J77S July 31, 2006 New Hanover COtUlty Engineering COtUlty Annex Building 230 Market Place Drive Wilmington, NC 28403 attn.: Jim Craig Re: Request for Reimbursement for Waterline Installation on Gordan Road Dear Jim, We appreciate staff's guidance in the preparation of this request. I am including a swrunary of three bids for the subject work. These bids were prepared to identify the difference between the waterline designed by the County relative to what is detennined necessary for the Westhaven subdivision development. The lowest bid of the three solicited renders an estimated oversizingreimbursement of $22,900.00. We respectfully request for the New Hanover Water and Sewer District to consider a request for a reimbursement to the developer of this amount. Please process this request as necessary to be included on the next District meeting agenda. Respectfully your$, James H. Fentress, Jr. PE, PLS attachments cc Dean Hardison Gary McSmith JHF/jf - I file: f: \master\pw- 574 \wpd\reqreimbursement. doc 10-; cc~'r.~FF\!"~ HESTF10~~ j: '~'::',L~ ' n "TE 8 .' Jf'.jF ~,.,~,' , :; ,..:\'.,",' (,Rf=_t:l\j\f!I,L f: r'j, ~ , ' ~ J !,10H(. .;:,,') r'i~ ' >/ ,;:.;;; ~-)';?' ~~-: - --~'~q _ _"__H__"__~"_,'__'_'_'_'__~"'___...__m_'__'_" __....".._.___~._.__,...,_,~._._____.____._.___ 115 PROJECT: 12 INCH WATERLINE EXTENSION ON GORDAN ROAD Cl.IENT: WESTRA YEN SUBDIVISIOIN C/O HARDISON BUILDING INC. ENGINEE~ STROUD ENGINEERING PA (WD.MINGmN. NC) DATE: OCTOBER en 2005 NO. DESCRIPTION QIiANITY UNIT UNIT COST TOTAl. COST UNIT COST TOTAL COST UNIT COb. TOTAL COST SKINNER-SMITH RIVENBARK UTILITIES SPECIALIST CllllNTV WATER SVSTFM "'XTF.NSION 1 8 IN. GATE VALVE 2 EA $1200.00 $;I 400.00 $1 100.00 $2.200.00 $845.00 $1 690.00 2 16 IN. BUTTERFl. Y VALVE 2 EA $3 000.00 $6 000.00 $3 000.00 $6 000.00 $2670.00 $5 340.00 3 8 IN. X 6 IN. REDUCER 1 EA $650.00 $650.00 $750.00 5750.00 $105.00 $105.00 4 8IN.X 16IN. TEE 2 EA $1 900.00 $3 800.00 52 700.00 55400.00 $340.00 $680.00 5 16 IN P[.lJG 2 FA 51.900.00 53.800.00 $600.00 51 200.00 5300.00 $600.00 6 FIRE HYDRANT ASSY. 2 EA $4 000.00 $8 000.00 $3 00.00 56 400.00 537/5.00 $7 430.00 7 8 IN. ~'900 WATERLINE 110 LF $24.00 1:2.$40 )!) $30.00 $3 300.00 $16.50 $1815.00 8 16 IN. C900 WATERLINE 580 LF SIi2.ID $.lS.ZlO JO $50.00 $;19.000.00 S56.40 $32712.00 9 ROAD BORE- 16" MJ DIP WI 28" SCP 100 LF S3OO.00 S30OOO.OO $350.00 $35000.00 $485.00 $48.500.00 10 ROAD BORE- 8" MJ DIP WI 16" SCP 60 LF $212.00 $12720.00 $;100.00 $12000.00 $450.00 $27000.00 SUBTOTAL SI06.UO.OO $IOI,2~O.OO $I2S,872.OO FILE F:\MASTER\PW-574\EXCELiCOUNI"YUlDS.XLS ^ .._~--_..._-~~-~~--~----- 116 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Water & Sewer Item #: 4.1 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-029 DEPARTMENT: Water & Sewer 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 1. The following appropriation is hereby made to the Water & Sewer Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water & Sewer Administration: Contracted Services $551,410 Capital Outlay - Equipment $298,000 Capital Project Expense $72,219 Revenue Decrease Increase Water & Sewer Finance: Appropriated Fund Balance $921,629 EXPLANATION: To rollover expenditure from FY 05-06 to FY 06-07. The items were budgeted in FY 05-06, but completion of transactions or project did not occur prior to June 30, 2006. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 117 This page intentionally left blank. 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Budget Amendment Water & Sewer Item #: 4.2 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-031 DEPARTMENT: Water and Sewer District 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 1. 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 Administration: Contracted Services $96,328 M&R - Clean up $9,890 M&R - Equipment $30,698 Supplies $1,725 Capital Outlay - Equipment $28,454 Capital Project $663,344 Water and Sewer Finance: Supplies $14,385 Revenue Decrease Increase Water and Sewer District Fund: Appropriated Fund Balance $844,824 EXPLANATION: To budget appropriated fund balance for outstanding purchase orders as of June 30,2006. The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal year in which it is paid (adopted in the Budget Ordinances for FY 06-07 dated June 19, 2006). ADDITIONAL INFORMATION: APPROVAL STATUS: To be entered into minutes COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 119 120 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/05/06 Additional Item #: 1 Estimated Time: Page Number: Department: Emergency Management Presenter: Warren Lee Contact: Warren Lee SUBJECT: Consideration of a Proclamation to Recognize September 2006 as Ready New Hanover County Month BRIEF SUMMARY: The Governor has declared September 2006 as Ready North Carolina month to remind citizens, businesses and schools to be prepared for any possible disasters, natural or man-made. The Board of Commissioners is encouraged to take part in this observance by urging local residents to assemble their emergency supply kit and review their emergency plans so that they may be self-sufficient if a disaster occurs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ,...'''' . -- Ready New Hano.....er Month.doc 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. 121 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS READY NEW HANOVER COUNTY MONTH 2006 WHEREAS, the Atlantic Ocean is half-way through a 20-year periodic cycle of heightened hurricane activity and September marks the middle of hurricane season; and WHEREAS, in the past five years, North Carolina has been struck by nearly 200 tornadoes, more than 3,000 severe thunderstorms, 14 tropical systems, numerous blizzards, crippling ice storms and intense heat; and WHEREAS, North Carolina is vulnerable to all types of severe weather and is also at risk for earthquakes, contagious diseases and terrorism; and WHEREAS, North Carolina must be ready year-round for natural and man-made disasters that might disrupt their normal daily activity; and WHEREAS, people should be prepared in their homes, businesses and schools and have a plan for each location on what to do and where to go if a disaster occurs; and WHEREAS, citizens should help the elderly and those who cannot help themselves; and WHEREAS, citizens should include the safety of their pets or livestock in their emergency plans; and WHEREAS, the state has developed a website, ReadyNC.org and ListoNC.org to help residents with their emergency preparedness plans; and WHEREAS, the NC Department of Crime Control and Public Safety, the NC Emergency Management Association, New Hanover County Department of Emergency Management, Citizen Corps and the US Department of Homeland Security have collaborated to recognize September as National Preparedness Month to inform and educate North Carolinians about the importance of being prepared; NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of September 2006 be recognized as "READY NEW HANOVER COUNTY MONTH and that all citizens and interested groups are urged to observe the month with appropriate activities that promote citizen preparedness. Adopted this, the 5th day of September 2006. Robert G. Greer, Chairman Attest Sheila L. Schult, Clerk to the Board 122