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Agenda 2021 06-07J U N E 7, 2021 4:00 P M M E E T I N G C A L L E D TO O R D E R (C hair Julia O ls on-B os eman) I N VO C AT I O N (Reverend S hawn Blackw elder, S t. Paul's U nited M ethodis t C hurch) P L E D G E O F A L L E G I A N C E (V ice-Chair D eb H ays ) A P P R O VA L O F C O N S E N T A G E N DA C O N S E N T A G E N DA I T E M S O F B U S I N E S S 1.A pproval of M inutes 2.A pproval to A mend the 2021 S chedule of A genda Rev iew and Regular Board of Commissioners M ee8 ngs for J uly 3.A dop8on of S tate Road Res olu8ons 4.A pproval to A war d Bid for P ur chas e of A mphibious L ow G r ound P ressure U8 lity Vehicle 5.A pproval of Exchange of Equipment w ith D uplin C ounty S heriff's D epartment 6.A dop8on of Na8onal M en's H ealth M onth P r oclama8 on 7.A pproval of S ix D ona8ons for A cces s ion into the Mus eum’s Permanent Collec8on 8.A pproval to A mend C ounty C ode, C hapter 41, "Par ks and Recrea8on" 9.A pproval of A pril 2021 Tax C ollec8on Reports 10.A dop8on of a Res olu8on to A w ard I ns tallment F inancing for S tormw ater Equipment 11.A dop8on of Budget A mendments E S T I M AT E D M I N U T E S R EG U L A R A G E N DA I T E M S O F B U S I N E S S 10 12.Considera8on of a Res olu8on to Recognize and C ongr atulate J ohn T. H oggard H igh S chool as the 2021 N orth C ar olina 4 A S oDball S tate Champions 5 13.Considera8on of J uneteenth P r oclama8 on 30 14.P ublic H earing on the F Y 2 0 2 1 -2 0 2 2 Recommended Budget (limit three minutes each) 10 15.P ublic H earing Economic D evelopment and Economic I ncen8v es A ppr opria8ons (limit three minutes ) Board of Commissioners - June 7, 2021 15 16.Considera8on of Rev is ed S tor mw ater O rdinance 40 17.P ublic H earing Rezoning Reques t (Z 21-06) - Reques t by D es ign S olu8 ons on Behalf of the P roperty O wner, T F H oldings , L imited Partners hip, to Rezone A pproximately 7.59 A cres of L and L ocated at 3 0 0 1 Blue C lay Road from R-20, Residen8al-20 D istrict, to (C Z D ) R-5, C ondi8 onal Res iden8 al M oder ate-H igh D ens ity D is trict, in O rder to C ons tr uct a 50-U nit Tow nhome D evelopment 18.A ppointment of Vo8ng D elegate to the N A C o 2021 A nnual Conference P U B L I C C O M M E N T S O N N O N -A G E N DA I T E M S (limit t hree minute s ) E S T I M AT E D M I N U T E S A D D I T I O N A L A G E N DA I T E M S O F B U S I N E S S 19.A ddi8onal I tems County Manager County Commis s ioner s Clerk to the Board County AGorney 20.A D J O U R N Note: M inutes lis ted for each item are e s mated, and if a preceding item takes les s 8me, the Board w ill mov e forward un8 l the agenda is completed. Mission N ew H anover County is commiGed to progres s ive public policy, s uperior s erv ice, courteous contact, judicious exercis e of authority, and sound fiscal management to meet the needs and concerns of our ci8 z ens today and tomorr ow. Vis ion A vibrant pros perous , divers e coas tal community, commiGed to building a s us tainable futur e for gener a8 ons to come. C ore Values I ntegr ity - A ccountability - P rofes s ionalism - I nnov a8 on - S tewardship Board of Commissioners - June 7, 2021 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Governing B ody P R E S E N T E R (S ): Kym C rowell, C lerk to the B o ard C O N TA C T (S ): Kym C rowell S U B J EC T: A pprov al of M inutes B R I E F S U M M A RY: Appro ve minutes from the following meengs: Regular Meeng held o n May 17, 2021 S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effecve County Management I ncreas e transparency and aw ar enes s about county acons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve minutes. C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Governing B ody P R E S E N T E R (S ): Kym C rowell, C lerk to the B o ard C O N TA C T (S ): Kym C rowell S U B J EC T: A pprov al to A mend the 2021 S chedule of A genda Rev iew and Regular Board of C ommissioners M ee4ngs for J uly B R I E F S U M M A RY: B y consensus, the C o mmissio ners agreed to amend the 2021 Schedule o f Agenda Review and Regular B o ard o f C o mmissio ners Mee"ngs for J uly to move the Agenda Review slated for J uly 8, 2021 at 4:00 p.m. to J uly 7, 2021 at 4:00 p.m. and the Regular Mee"ng for J uly 12, 2021 at 4:00 p.m. to J uly 13, 2021 at 9:00 a.m. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec"ve County Management I ncreas e transparency and aw ar enes s about county ac"ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve the amendment to the 2021 Schedule o f Agenda Review and Regular B oard of C o mmissio ners Mee"ngs. AT TA C H M E N T S : Descrip"on Amended 2021 Calendar C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 2 DRAFT - REVISED 6/7/2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2021 Agenda Review and Regular Meeting Schedules Conferences: NCACC Legislative Goals Conference, Raleigh, NC January 14 - 15, 2021 NACo Legislative Conference, Washington, D.C. February 20-24, 2021 NCACC County Assembly Day, Raleigh, NC May 19, 2021 NACo Annual Conference, Prince George County, MD July 9 - 12, 2021 NCACC Annual Conference, New Hanover County, NC August 12-14, 2021 Agenda Review Meeting Dates and Times Location: NHC Government Center Conference Room 601 Regular Meeting Dates and Times Location: NHC Courthouse, 24 North 3rd Street Room 301 Wednesday, January 13 4:00 p.m. Tuesday, January 19 4:00 p.m. Thursday, January 28 4:00 p.m. Monday, February 1 4:00 p.m. Thursday, February 11 4:00 p.m. Monday, February 15 9:00 a.m. Thursday, February 25 4:00 p.m. Monday, March 1 4:00 p.m. Thursday, March 11 4:00 p.m. Monday, March 15 9:00 a.m. Thursday, April 1 4:00 p.m. Monday, April 5 4:00 p.m. Thursday, April 15 4:00 p.m. Monday, April 19 9:00 a.m. Thursday, April 29 4:00 p.m. Monday, May 3 4:00 p.m. Thursday, May 13 4:00 p.m. Monday, May 17 9:00 a.m. Thursday, June 3 4:00 p.m. Monday, June 7 4:00 p.m. Thursday, June 17 4:00 p.m. Tuesday, June 22 9:00 a.m. Wednesday, July 7 4:00 p.m. Tuesday, July 13 9:00 a.m. Thursday, July 29 4:00 p.m. Monday, August 2 4:00 p.m. Thursday, August 19 4:00 p.m. Monday, August 23 9:00 a.m. Thursday, September 2 4:00 p.m. Tuesday, September 7 4:00 p.m. Thursday, September 16 4:00 p.m. Monday, September 20 9:00 a.m. Thursday, September 30 4:00 p.m. Monday, October 4 4:00 p.m. Thursday, October 14 4:00 p.m. Monday, October 18 9:00 a.m. Thursday, October 28 4:00 p.m. Monday, November 1 4:00 p.m. Wednesday, November 10 4:00 p.m. Monday, November 15 9:00 a.m. Thursday, December 2 4:00 p.m. Monday, December 6 4:00 p.m. Thursday, December 16 4:00 p.m. Monday, December 20 9:00 a.m. Board of Commissioners - June 7, 2021 ITEM: 2 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Governing B ody P R E S E N T E R(S ): Kym C ro well, C lerk to the B oard and B rad Schuler, Senio r Planner C O N TA C T (S ): Kym C rowell and B rad Schuler S U B J EC T: A dop$on of S tate Road Resolu$ons B R I E F S U M M A RY: N C D OT is c o nsidering the addi on of the fo llo wing roads as the roads meet the standards and criteria established by the state and county and reques ng the board to ado pt resolu o ns in support of adding the roads to the state system: Mc Ginnis L ane and Pine Hollow Drive from city limits to J ohnso n Farms subdivision limits (Divisio n File N o: 1270-N ) Royal Fern Ro ad, Ho llandale C ourt, Yucca L ane, Penny Ro yal L a ne, and C atamaran Drive loca ted within the R iver O aks subdivision in N ew Hanover C ounty (D ivision File N o: 1283-N ) Watersto ne D rive f o r the Po rters N eck E lementary School located in N ew Hanover C o unty (Division File N o: 1286-N ) C lo verland Way, Goodwood Way a nd Trumpet V ine Wa y lo cated within the J ohnso n Farms subdivisio n at Henderso n Parke in N ew Hanover C ounty (D ivisio n F ile N o : 1290-N ) Acres D rive loca ted within the Pa rkwood E xtension subdivisio n in N ew Hano ver C o unty (Divisio n F ile N o: 1291- N ) S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec ve County Management I ncreas e transparency and aw ar enes s about county ac ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt S R -2 resolu o ns. AT TA C H M E N T S : Descrip on NCDOT Request Packet (McGinnis Lane and Pine Hollow Drive) NHC Locator Map (McGinnis Lane and Pine Hollow Drive) State Road SR-2 Resolution (McGinnis Lane and Pine Hollow Drive) NCDOT Request Packet (Royal Fern Road, Hollandale Court, Yucca Lane, Penny Royal Lane, and Catamaran Drive) NHC Locator Map (Royal Fern Road, Hollandale Court, Yucca Lane, Penny Royal Lane, and Catamaran Drive) Board of Commissioners - June 7, 2021 ITEM: 3 State Road SR-2 Resolution (Royal Fern Road, Hollandale Court, Yucca Lane, Penny Royal Lane, and Catamaran Drive) NCDOT Request Packet (Waterstone Drive for the Porters Neck Elementary School) NHC Locator Map (Waterstone Drive for the Porters Neck Elementary School) State Road SR-2 Resolution (Waterstone Drive for the Porters Neck Elementary School) NCDOT Request Packet (Cloverland Way, Goodwood Way and Trumpet Vine Way) NHC Locator Map (Cloverland Way, Goodwood Way and Trumpet Vine Way) State Road SR-2 Resolution (Cloverland Way, Goodwood Way and Trumpet Vine Way) NCDOT Request Packet (Acres Drive) State Road SR-2 Resolution (Acres Drive) NHC Locator Map (Acres Drive) C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY State of North Carolina | Department of Transportation | Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368-4968 (910) 398-9100 www.ncdot.gov April 21, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways McGinnis Lane and Pine Hollow Drive (from City Limits to Johnson Farms Subdivision Limits) (Division File No: 1270-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Pine Hollow Drive and McGinnis Lane and located within the Belle Meade Plantation Subdivision to the state maintenance system. After the Board’s consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 1 Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 2 Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 3 Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 4 Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 5 Board of Commissioners - June 7, 2021 ITEM: 3 - 1 - 6 Pine Hollow Dr McGinnis Ln Road(s) Proposed for NCDOT Takeover Key Existing NCDOT Roads Roads proposed for takeover Roads Location Location Map S College Rd Carolina Beach Rd Pine Hollow Dr McGinnis Ln Board of Commissioners - June 7, 2021 ITEM: 3 - 2 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: McGinnis Lane and Pine Hollow Drive located within the Belle Meade Plantation subdivision in New Hanover County (Division File No: 1270-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of June, 2021. WITNESS my hand and official seal this the 7th day of June, 2021. ______________________________________ Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - June 7, 2021 ITEM: 3 - 3 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY State of North Carolina | Department of Transportation | Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368-4968 (910) 398-9100 www.ncdot.gov April 28, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways Royal Fern Road, Hollandale Court, Yucca Lane, Penny Royal Lane and Catamaran Drive. (Division File No: 1283-N). Dear Ms. Crowell: This office is considering the addition of the roads mentioned above located within the River Oaks Subdivision to the state maintenance system. After the Board’s consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 1 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 2 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 3 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 4 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 5 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 6 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 7 Board of Commissioners - June 7, 2021 ITEM: 3 - 4 - 8 Royal Fern Rd Hollandale Ct Yucca Ln Penny Royal Ln Catamaran Dr Road(s) Proposed for NCDOT Takeover Key Existing NCDOT Roads Roads proposed for takeover Roads Location Location Map Carolina Beach Rd River Rd Catamaran Dr Penny Royal Ln Yucca Ln Hollandale Ct Royal Fern Rd Board of Commissioners - June 7, 2021 ITEM: 3 - 5 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Royal Fern Road, Hollandale Court, Yucca Lane, Penny Royal Lane, and Catamaran Drive located within the River Oaks subdivision in New Hanover County (Division File No: 1283-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of June, 2021. WITNESS my hand and official seal this the 7th day of June, 2021. ______________________________________ Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - June 7, 2021 ITEM: 3 - 6 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY State of North Carolina | Department of Transportation | Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368-4968 (910) 398-9100 www.ncdot.gov May 5, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways, Waterstone Drive. (Division File No: 1286-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Waterstone Drive to the state maintenance system. After the Board’s consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Board of Commissioners - June 7, 2021 ITEM: 3 - 7 - 1 Board of Commissioners - June 7, 2021 ITEM: 3 - 7 - 2 Board of Commissioners - June 7, 2021 ITEM: 3 - 7 - 3 Board of Commissioners - June 7, 2021 ITEM: 3 - 7 - 4 Board of Commissioners - June 7, 2021 ITEM: 3 - 7 - 5 Board of Commissioners - June 7, 2021ITEM: 3- 7 - 6 Board of Commissioners - June 7, 2021ITEM: 3- 7 - 7 Waterstone Dr Road(s) Proposed for NCDOT Takeover Key Existing NCDOT Roads Roads proposed for takeover Roads Location Location Map Edgewater Club Rd Market St Edgewater Club Rd Waterstone Dr Porters Neck Rd Board of Commissioners - June 7, 2021 ITEM: 3 - 8 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Waterstone Drive for the Porters Neck Elementary School located in New Hanover County (Division File No: 1286-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of June, 2021. WITNESS my hand and official seal this the 7th day of June, 2021. ______________________________________ Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - June 7, 2021 ITEM: 3 - 9 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY State of North Carolina | Department of Transportation | Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368-4968 (910) 398-9100 www.ncdot.gov April 21, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways Cloverland Way, Goodwood way and Trumpet Vine Way (Division File No: 1290-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Cloverland Way, Goodwood Way and Trumpet Vine Way located within the Johnson Farms Subdivision at Henderson Parke to the state maintenance system. Cloverland Way and Trumpet vine way will be added up to the City of Wilmington Limits. After the Board’s consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Board of Commissioners - June 7, 2021 ITEM: 3 - 10 - 1 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 0 - 2 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 0 - 3 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 0 - 4 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 0 - 5 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 0 - 6 Board of Commissioners - June 7, 2021 ITEM: 3 - 10 - 7 Board of Commissioners - June 7, 2021 ITEM: 3 - 10 - 8 Board of Commissioners - June 7, 2021 ITEM: 3- 10 - 9 Board of Commissioners - June 7, 2021 ITEM: 3- 10 - 10 Board of Commissioners - June 7, 2021 ITEM: 3- 10 - 11 Cloverland Way Trumpet Vine Way Road(s) Proposed for NCDOT TakeoverKey Existing NCDOT Roads Roads proposed for takeover Roads Location Location Map S College Rd Carolina Beach Rd Trumpet Vine Way Goodwood Way Cloverland Way S 17th St Board of Commissioners - June 7, 2021 ITEM: 3 - 11 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Cloverland Way, Goodwood Way and Trumpet Vine Way located within the Johnson Farms subdivision at Henderson Parke in New Hanover County (Division File No: 1290-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of June, 2021. WITNESS my hand and official seal this the 7th day of June, 2021. ______________________________________ Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - June 7, 2021 ITEM: 3 - 12 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY State of North Carolina | Department of Transportation | Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368-4968 (910) 398-9100 www.ncdot.gov April 21, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways Acres Drive. (Division File No: 1291-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Acres Drive located within the Parkwood Extension Subdivision to the state maintenance system. After the Board’s consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Board of Commissioners - June 7, 2021 ITEM: 3 - 13 - 1 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 3 - 1 3 - 2 Form SR-1 (3/2006; Rev 1/2010) INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer’s signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer’s Office. FOR NCDOT USE ONLY: Please check the appropriate block Rural Road Subdivision platted prior to October 1, 1975 Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right-or-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. Board of Commissioners - June 7, 2021 ITEM: 3 - 13 - 3 Form SR-1 (3/2006; Rev 1/2010) ROAD NAME HOMES LENGTH ROAD NAME HOMES LENGTH Board of Commissioners - June 7, 2021 ITEM: 3 - 13 - 4 Board of Commissioners - June 7, 2021 ITEM: 3 - 13 - 5 Board of Commissioners - June 7, 2021 ITEM: 3 - 13 - 6 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Acres Drive located within the Parkwood Extension subdivision in New Hanover County (Division File No: 1291-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of June, 2021. WITNESS my hand and official seal this the 7th day of June, 2021. ______________________________________ Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - June 7, 2021 ITEM: 3 - 14 - 1 Acres Dr Road(s) Proposed for NCDOT TakeoverKey Existing NCDOT Roads Roads proposed for takeover Roads Location Location Map I-40 Gordon Rd Sheppard Rd Acres Dr Board of Commissioners - June 7, 2021 ITEM: 3 - 15 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: E ngineering P R E S E N T E R (S ): J im I annucci, C o unty E ngineer C O N TA C T (S ): J im I annucci S U B J EC T: A pprov al to A ward B id for P urchase of A mphib ious L ow Ground P ressure U 5 lity Vehicle B R I E F S U M M A RY: Sto rmwater Services requested bids meeng the specificaons belo w f o r a low ground pressure ulity vehicle with amphibious capabilies. B id opening wa s conducted on Tuesday, May 25, 2021. Request to award bid to Mudd O x, I nc at a total co st of $95,406.55 including N C sales ta x. L ow Ground P ressure U 5lity Vehicle With A mphibious C apabili5 es C haracteris5cs L ength:16’0” (Ma ximum) W idth:8’0” (Maximum) Horsepo wer:70 H P (Minimum) Fuel:Gasoline or D iesel Transmission:Hydro sta c ; Zero Turn W heels:Tracks (S teel o r R ubber) Ground Pressure:1.5 psi (Ma ximum) under lo ad Ground C learance:9” (Minimum) Seang:2 person (Minimum) Appro ach/Departure Angle:25° (Minimum) L o ad C apacity (Flo ang):1,000 lbs (Minimum) L o ad C apacity (L and):2,000 lbs (Minimum) Towing C apacity (L and):2,500 lbs (Minimum) Warranty:2-yea r, 1,000 H o ur Features 5,000 L B c apac ity (M inimum) front winch with synthe5c rope (Winch must be adequately sized for self- recovery) A uxiliary Hydraulics (30 gpm/3,000 psi) Rear 3-pt Hitch (C at 2) Full length overhead material/storage rac k Full length brush cage Windshield with washer and wipers Front and Rear Tow Hooks/A nchor Points (2 eac h – rig ht/leA) C apability for a front-mounted aBac hment of an 84-inc h (M inimum) width Root/Debris Rake that can be raised and lowered as needed Roll O ver P rotec5on required over the passeng er sea5ng Board of Commissioners - June 7, 2021 ITEM: 4 S T R AT EGI C P L A N A L I G N M E N T: S uperior P ublic H ealth & S afety S us tain the community capacity to pr epare for and res pond to public s afety demands Collaborate to opmize s ys tem-w ide r es pons es and outcomes R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve purchase of vehicle by Stormwater Servic es. C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 4 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Fire Services P R E S E N T E R (S ): Donnie H all, Fire C hief C O N TA C T (S ): Ma D avis, D eputy C hief S U B J EC T: A pprov al of E xchange of Equipment with Duplin C ounty S heriff's Department B R I E F S U M M A RY: N ew Ha nover C ounty Fire Rescue is looking to exchange so me surplus water rescue equipment with the Duplin C o unty Sheriff's D epartment. Duplin C ounty Sheriff ’s D epartment is in need of the f o llo wing tha t N ew Hanover C ounty Fire Rescue is no longer using and would consider surplus. Total fair market va lue (F MV) o f the equipment is $8,460. 7 N orthwest R iver Supplies (N RS) water rescue helmets 10 N RS dry suits 7 ro pe throw bags 2 N RS rescue boards Duplin C o unty Sheriff's D epartment would exchange the follo wing surplus water rescue equipment. To tal F M V of the motors is $8,500. 2011 Evinrude 55hp o utboard boat motor 2013 Evinrude 55hp o utboard boat motor B o th mo to rs have been inspected and are operable; the 2013 is missing a 9ller arm assembly. Fire Rescue reco mmends using o ne motor for parts a nd placing the o ther motor into service with their Swi:/Flo o d Water Rescue Team. S T R AT EGI C P L A N A L I G N M E N T: S uperior P ublic H ealth & S afety S us tain the community capacity to pr epare for and res pond to public s afety demands Reduce or prevent community r is ks R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve the exchange o f equipment between N H C F ire Rescue a nd D uplin C o unty Sheriff 's Department. AT TA C H M E N T S : Board of Commissioners - June 7, 2021 ITEM: 5 Descrip9on Resolution Public Notice C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCHANGE OF PROPERTY BETWEEN NHC FIRE RESCUE AND DUPLIN COUNTY SHERIFF’S DEPARTMENT WHEREAS, NC General Statute 160A-271 grants the Board of County Commissioners with the power and authority to exchange real and personal property if the County receives full and fair consideration in exchange for its property; and WHEREAS, New Hanover County (NHC) Fire Rescue has in its possession water rescue equipment which is no longer being used and is surplus to their operations. The equipment consists of the following: seven (7) Northwest River Supplies (NRS) Rescue Throw Bags, seven (7) NRS Water Rescue Helmets, fourteen (14) NRS Dry Suits and three (3) NRS Rescue Boards with a total fair market value (FMV) of $8,460; and WHEREAS, Duplin County Sheriff’s Department has in its possession a 2011 Evinrude 55hp outboard motor and 2013 Evinrude 55hp outboard motor with a FMV of $8,500 for both motors; and WHEREAS, NHC Fire Rescue desires to exchange the water rescue equipment with Duplin County Sheriff’s Department for the two Evinrude 55hp outboard motors. Such exchange would benefit both agencies in their everyday operations. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of New Hanover County authorizes the exchange of the water rescue equipment in possession of NHC Fire Rescue for the two Evinrude 55hp outboard motors owned by Duplin County Sheriff’s Department. Such exchange of property is to be made without consideration and is in the best interest of the public and the agencies involved. BE IT FURTHER RESOLVED that prior to exchange of the above-referenced property with the Duplin County Sheriff’s Department, the New Hanover County Board of Commissioners shall publish a notice of the exchange in a newspaper having a general circulation in the county. ADOPTED this 7th day of June 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 5 - 1 - 1 Order Confirmation Account Number:489050 Customer Name:New Hanover County Finance Customer Address: New Hanover County Finance 230 GOVERNMENT CENTRE DR SUITE 165 WILMINGTON NC 28403 Contact Name:New Hanover County Finance Contact Phone:9107987190 Contact Email: PO Number: Date:05/26/2021 Order Number:5898209 Prepayment Amount: $ 0.00 Not an Invoice Column Count:1 Line Count:22.0000 Height in Inches:0.0000 Print Product #Insertions Start - End Category WLM StarNews 1 05/28/2021 - 05/28/2021 Public Notices WLM starnewsonline.com 1 05/28/2021 - 05/28/2021 Public Notices Total Order Confirmation $72.60 1/2Board of Commissioners - June 7, 2021 ITEM: 5 - 2 - 1 Ad Preview 2/2Board of Commissioners - June 7, 2021 ITEM: 5 - 2 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Health and Human Services P R E S E N T E R (S ): D a vid Howard, H ealth Directo r and C arla Turner, Assistant Health D irector C O N TA C T (S ): D avid Howard S U B J EC T: A dop$on of N a$onal M en's Health M onth P roc lam a$on B R I E F S U M M A RY: As J une 2021 is N aonal Men’s Health Month, we encourage all cizens to increase the a wa reness o f the importance of a healthy lifestyle, regular exerc ise and medic al checkups, and to parcipate in prevenve hea lth pracces and early deteco n efforts to jo in the campaign and become c o ncerned a bout men’s health. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effecve County Management D eliver quality service at the right me I ncreas e transparency and aw ar enes s about county acons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the proclamaon. AT TA C H M E N T S : Descripon National Men's Health Month Proclamation C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL MEN’S HEALTH MONTH PROCLAMATION WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women; and WHEREAS, educating the public and our health care providers about the importance of a healthy lifestyle and early detection of male health problems can help to reduce the mortality from disease; and WHEREAS, men who are educated about the value of preventive health to prolonging their lifespan and supporting their role as productive family members are more likely to participate in health screenings; and WHEREAS, Men’s Health Month is an opportunity to raise awareness, advocate resources, and promote access to education about men’s health; and NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2021 will be recognized as “National Men’s Health Month” in New Hanover County. All citizens are encouraged to increase the awareness of the importance of a healthy lifestyle, regular exercise and medical checkups, and to participate in preventive health practices and early detection efforts to join the campaign and become concerned about men’s health in the hope of achieving optimum health for both today and tomorrow. The board commends this observance to all citizens and urges that all citizens and community organizations join in this observance. ADOPTED this the 7th day of June, 2021. NEW HANOVER COUNTY ___________________________________ Julia Olson-Boseman, Chair ATTEST: ____________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 6 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Museum P R E S E N T E R(S ): H eather Yenco , Museum C urator C O N TA C T (S ): Heather Yenco S U B J EC T: A pprov al of S ix Dona+ons for A ccession into th e M useum’s Perm anent C ollec +on B R I E F S U M M A RY: T he Museum collec ts objects pertaining to the histo ry, science, and cultures of the L o wer C a pe Fear regio n. Submi!ed for approval are six dona$ons to be added to the Museum’s permanent collec$o n. D o na$o ns a re carefully do cumented. T he C urator reviews ea c h item’s provenance, condi$on, relevance to the co llec$on, po ten$al f o r exhibi$o n, and ro o m required for storage. A repo rt on each object is reviewed caref ully by the Directo r and C o llec$ons C ommi!ee. T he o bjects presented ha ve passed this scru$ny a nd were approved by the Museum Adviso ry B o ard at the mee$ng o n May 19, 2021. Pho to graphs, 1870s Dollho use, 1930s N ursing school yearbo o k, cape, and diploma, 1952 High scho o l yearbooks, 1956-57 Presiden$al inaugura$o n $cket, 2021 C o vid-19 vaccine bu!on, 2021 Each item off ered has a special story to preserve and they help to document 300 years o f the region's history. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec$ve County Management I ncreas e transparency and aw ar enes s about county ac$ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Accept six do na$o ns o f regional ar$facts into the C a pe Fea r Museum's Permanent C o llec$on. AT TA C H M E N T S : Descrip$on Acquisitions Chart C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Board of Commissioners - June 7, 2021 ITEM: 7 R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 7 NHC Commissioners Acquisition Proposals June 7, 2021 Board Meeting 1 OBJ. DATE OBJECTS PROVENANCE / MISSION 1870s -3 photographs These photographs depict Navassa Guano Company. 1930s -dollhouse This dollhouse was used by a local family for several generations. 1952 -yearbook -nurse’s cape -diploma These items belonged to a woman who graduated from James Walker Memorial Hospital nursing school. Board of Commissioners - June 7, 2021 ITEM: 7 - 1 - 1 NHC Commissioners Acquisition Proposals June 7, 2021 Board Meeting 2 1956-57 -2 yearbooks These yearbooks belonged to a woman who attended New Hanover High School. 2021 -ticket This ticket was given to donors to the Presidentional Inaugural Committee for virtual attendance to the 59th Presidential Inauguration. 2021 -button This button was given to a person who received the COVID-19 vaccination at a county vaccination clinic. Board of Commissioners - June 7, 2021 ITEM: 7 - 1 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Parks P R E S E N T E R(S ): Ta ra D uckworth, Parks & Gardens D irector C O N TA C T (S ): Tara Duckworth S U B J EC T: A pprov al to A mend C ounty C ode, C hapter 41, "Parks and Rec rea5on" B R I E F S U M M A RY: T his amendment co nsists of modifi c aons to exisng C ounty C ode, C ha pter 41, Parks and Recreaon. T he language has been updated to reflect the department designaon as Parks and Gardens thro ugho ut as well as the clarifi caon o f language allo wing for the ejecon and ban of perso ns in viola o n o f the chapter (Sec. 41-4). I n addion, clarifi caon of citao n and civil penales and appeals have been pro vided in Seco ns 41-4 (b) and 41-5 (b). S T R AT EGI C P L A N A L I G N M E N T: S uperior P ublic H ealth & S afety S us tain the community capacity to pr epare for and res pond to public s afety demands Collaborate to opmize s ys tem-w ide r es pons es and outcomes Reduce or prevent community r is ks R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Reco mmend adopo n of pro posed amendments to C ounty C o de, C hapter 41, "Parks and Recreaon." AT TA C H M E N T S : Descripon Ordinance Revisions- Chapter 41 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend adoption. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 8 Page 1 of 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE Amendment to County Code, Chapter 41 The Board of County Commissioners of New Hanover County, N.C. hereby ordains and decrees modification of the County Code, Chapter 41, “Parks and Recreation,” as follows: Section 41-1, “Prohibited activities.” 1. First paragraph is amended as follows: It shall be unlawful for any person in any park, park preserve, playground, swimming pool, swimming area, ball field, tennis court or any other recreation facility, and their parking facilities, owned or controlled by the county to: 2. Section (6) is amended as follows: Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may be specifically designated by the director of parks and gardens. 3. Section (8) is amended as follows: Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided for such activity, and in compliance with such regulations as are set forth in this chapter or such as may be established by the parks and gardens department. 4. Section (12) is amended as follows: Camp in any area without permission of the director of parks and gardens. No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in any park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a camper-trailer, house trailer or the like without permission of the director of parks and gardens. 5. Section (14) is amended as follows: Build or attempt to build a fire except in such areas and under such regulations as may be designated for the purpose by the director of parks and gardens. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars Board of Commissioners - June 7, 2021 ITEM: 8 - 1 - 1 Page 2 of 3 or other flammable material within any park area or on any abutting or contiguous highway, road or street. 6. Section (20) is amended as follows: Enter, use or remain within any park between the hours of 12:00 midnight and sunrise unless a written permit has been obtained from the director of parks and gardens. Section 41-2, “General regulations.” 7. Section (a) is amended as follows: Open fires. No open fires are allowed. All fires must be in park-provided grills or grills approved by the department of parks and gardens. 8. Section (c) is amended as follows: (1) The director of parks and gardens has the authority and responsibility to establish and enforce any rules and regulations governing the use and maintenance of parks and recreational facilities. (2) A copy of the rules and regulations governing the use and maintenance of parks and recreational facilities may be obtained from the parks and gardens department. A violation of any rules and regulations established by the director of parks and gardens shall constitute a violation of this chapter. Section 41-3, “Closing when necessary.” 9. Any section or part of any park or recreation area or facility may be declared closed to the public by the director of parks and gardens at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and to certain uses. Section 41-4, “Authority of director to eject or ban disorderly persons.” 10. (a) The director of parks and gardens and any authorized department employee shall have the authority to eject and/or ban from any park facility any person acting in violation of this chapter or in violation of rules and regulations enacted pursuant to this chapter or any ordinance adopted by the County Commissioners. (b) The determination of the parks and gardens director or authorized department employees may be appealed in writing to the county manager or his or her designee within 10 business days of the issuance of the determination. The county manager or manager’s designee shall fix a reasonable time for the hearing. At the hearing, the individual affected by the determination shall be given the opportunity to present evidence to refute the findings that support Board of Commissioners - June 7, 2021 ITEM: 8 - 1 - 2 Page 3 of 3 the abatement of the determination. Upon completion of the hearing, the manager or his/her designee shall consider the evidence before them and shall revoke the initial determination, issue a final determination that differs from the initial determination, or uphold the initial determination as final. The initial determination remains in force during the review process. Section 41-5, “Penalty for violation of chapter.” 11. Section (b) is amended as follows: A citation may be issued which subjects the offender to a civil penalty of $100.00 for a first offense, $300 for a second offense, and $500 for a third or subsequent offense. The penalty may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within 20 days after being cited; however, the amount of any civil penalties for violation of parking regulations under this chapter shall be consistent with those penalties enumerated in section 53-112. 12. Except as specifically above amended, New Hanover County Code Chapter 41, “Parks and Recreation” shall remain unaltered and in full force and effect. ADOPTED this the ____ day of ________, 2021. New Hanover County __________________________ Julia Olson-Boseman, Chair ATTEST: ________________________ Kymberleigh G. Crowell Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 8 - 1 - 3 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Tax P R E S E N T E R(S ): Trina L ewis, C olleco ns Supervisor C O N TA C T (S ): Trina L ewis S U B J EC T: A pprov al of A pril 2021 Tax C ollec,on Reports B R I E F S U M M A RY: N C G S 105-350 requires the Tax C ollector to submit a report showing the amo unt o f taxes collected. O verall C olleco n Percentages for April 2021 are a head o f c o llecons for April 2020. T he report for April 2021 in comparison to April 2020 is as f o llo ws: N ew Hanover C ounty A pril 2021 A pril 2020 Real Pro perty 99.38%99.16% Personal Property 94.57%94.57% Mo to r Vehicle 100.00%100.00% O verall C o llecon R ate 99.02%98.82% To tal C o llected Y T D $174,112,802.97 $168,898,559.49 N ew Hanover C ounty Debt S ervice A pril 2021 A pril 2020 Real Pro perty 99.37%99.15% Personal Property 94.56%94.62% Mo to r Vehicle 100.00%100.00% O verall C o llecon R ate 99.02%98.82% To tal C o llected Y T D $22,930,819.96 $22,243,469.42 Grand Total C ollected Y T D $197,043,622.93 $191,142,028.91 N ew Hanover C ounty Fire District A pril 2021 A pril 2020 Real Pro perty 99.40%99.08% Personal Property 96.95%96.57% Mo to r Vehicle 100.00%100.00% O verall C o llecon R ate 99.21%98.86% To tal C o llected Y T D $10,820,821.16 $10,613,310.19 S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance Board of Commissioners - June 7, 2021 ITEM: 9 P roacvely manage the county budget R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve the reports. AT TA C H M E N T S : Descripon New Hanover County Monthly Collection Report for April 2021 New Hanover County Debt Service Monthly Collection Report for April 2021 New Hanover County Fire District Monthly Collcetion Report for April 2021 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 9 Total 2020-2021 Collections YTD Total Prior Year Collections YTD 616,655.16$ Grand Total All Collections YTD 174,729,458.13$ * Detailed information for Refunds can be found in the Tax Office Chair Clerk to the Board Date *Refunds 1,325,290.28$ 136,179.85$ 1,461,470.13$ Collections to Date 603,943.86$ 259,258.98$ 1,372.55$ 864,575.39$ Scroll 1,802,044.87$ 4,498,560.07$ 402,846.95$ 6,703,451.89$ Abatements (49,468.89)$ (89,392.51)$ -$ (138,861.40)$ Real Estate Personal Property Motor Vehicles Combined NEW HANOVER COUNTY Outstanding Balance 1,206,358.52$ 4,238,894.52$ 325,654.73$ 6,351,235.45$ YTD Interest Collected 76,497.85$ 34,767.71$ 638.51$ 111,904.07$ Write-off 15,545.94$ 198,131.88$ 76,486.02$ 290,163.84$ Adjustments -$ 1,232.21$ -$ 1,232.21$ Total Levy 1,752,575.98$ 4,410,399.77$ 402,846.95$ 6,565,822.70$ *Refunds 73,272.34$ 285,885.61$ 666.35$ 359,824.30$ YTD Interest Collected 175,550.63$ 18,191.64$ 67,447.29$ 261,189.56$ 174,112,802.97$ Prior Years 2010-2019 Collection Percentage 99.38 94.57 100.00 99.02 Write-off 127.27$ 1,174.72$ 1,301.99$ Outstanding Balance 923,408.84$ 800,119.27$ -$ 1,726,132.09$ Total Taxes Charged 150,005,996.46$ 14,737,000.90$ 10,833,446.15$ 175,576,443.51$ Collections to Date 150,407,750.63$ 14,071,886.76$ 10,833,446.15$ 175,313,083.54$ Abatements (56,795.28)$ (149,974.67)$ (206,769.95)$ Adjustments 32,810.73$ 16,023.52$ 48,834.25$ New Hanover County Monthly Collection Report for April 2021 Current Year 2020-2021 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed 150,029,981.01$ 14,870,952.05$ 10,833,446.15$ 175,734,379.21$ Board of Commissioners - June 7, 2021 ITEM: 9 - 1 - 1 Total 2020-2021 Collections YTD 22,930,819.96$ Total Prior Year Collections YTD 73,612.01$ * Detailed information for Refunds can be found in the Tax Office Chair Clerk to the Board Date Combined NEW HANOVER COUNTY New Hanover County Debt Service Monthly Collection Report for April 2021 Current Year 2020-2021 Real Estate Personal Property Motor Vehicles Abatements (7,493.93)$ (19,775.46)$ -$ (27,269.39)$ Scroll/Billed 19,796,952.20$ 1,953,037.54$ 1,429,534.78$ 23,179,524.52$ Total Taxes Charged 19,793,796.42$ 1,935,384.43$ 1,429,534.78$ 23,158,715.63$ Adjustments 4,338.15$ 2,122.35$ -$ 6,460.50$ Collections to Date 19,669,951.77$ 1,831,333.41$ 1,429,534.78$ 22,930,819.96$ Write-off 39.54$ 160.43$ 199.97$ *Refunds 308.59$ 1,341.70$ 1,650.29$ YTD Interest Collected 23,169.34$ 2,345.92$ 8,878.66$ Outstanding Balance 124,113.70$ 105,232.29$ -$ 228,095.64$ Collection Percentage 99.37 94.56 100.00 99.02 Scroll 183,590.02$ 280,226.37$ -$ 463,816.39$ Prior Years 2010-2019 Real Estate Personal Property Motor Vehicles Combined Adjustments 162.61$ 162.61$ Abatements (6,370.98)$ (10,281.52)$ (16,652.50)$ Collections to Date 72,664.69$ (3,728.51)$ -$ 68,936.18$ Total Levy 177,219.04$ 270,107.46$ -$ 447,326.50$ Write-off 11.46$ 7.25$ -$ 18.71$ *Refunds 5,963.26$ 1,361.61$ -$ 7,324.87$ YTD Interest Collected 8,150.20$ 3,850.50$ -$ 12,000.70$ Outstanding Balance 110,506.15$ 275,190.33$ -$ 385,733.90$ Board of Commissioners - June 7, 2021 ITEM: 9 - 2 - 1 Total 2020-2021 Collections YTD Total Prior Year Collections YTD (144,897.23)$ Grand Total All Collections YTD 10,675,923.93$ * Detailed information for Refunds can be found in the Tax Office Chair Clerk to the Board Date *Refunds 4,621.02$ 649.78$ NEW HANOVER COUNTY 49.24$ 6,694.26$ Write-off 600.68$ 9,302.99$ 4,283.73$ 14,187.40$ Outstanding Balance 70,656.82$ 230,759.48$ 19,692.71$ 349,483.81$ YTD Interest Collected 5,622.34$ 1,022.68$ -$ 5,270.80$ 96.95 100.00 99.21 24,031.75$ 178,434.12$ Collections to Date 42,067.78$ (193,714.58)$ 55.31$ (151,591.49)$ -$ (207,946.71)$ Adjustments Scroll 113,568.63$ 248,623.36$ Total Levy 108,704.26$ 45,698.11$ Abatements 157.09$ *Refunds 53.61$ 816.17$ 869.78$ -$ 157.09$ YTD Interest Collected 9,541.20$ 1,056.93$ 4,998.92$ 15,597.05$ 10,820,821.16$ Prior Years 2010-2019 Real Estate Personal Property Motor Vehicles Combined 24,031.75$ 386,223.74$ (4,864.37)$ (203,082.34)$ Collection Percentage 99.40 Outstanding Balance 53,823.09$ 31,912.59$ -$ 86,019.74$ Write-off 23.90$ 118.13$ 142.03$ New Hanover County Fire District Monthly Collection Report for April 2021 Current Year 2020-2021 Real Estate Personal Property Motor Vehicles Adjustments 5,666.18$ 142.48$ Abatements (2,869.23)$ 470.29$ Combined Scroll/Billed 9,016,674.83$ 1,044,680.34$ 826,336.93$ 10,887,692.10$ 5,808.66$ (2,398.94)$ Collections to Date 8,965,678.40$ 1,014,078.56$ 826,336.93$ 10,806,093.89$ Total Taxes Charged 9,019,471.78$ 1,045,293.11$ 826,336.93$ 10,891,101.82$ Board of Commissioners - June 7, 2021 ITEM: 9 - 3 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: Finance P R E S E N T E R (S ): L isa Wurtzbacher, C hief Financial O ffi cer C O N TA C T (S ): L isa Wurtzbacher S U B J EC T: A dop$on of a Resolu$on to A ward I nstallment F inancing for S tormwater Equipment B R I E F S U M M A RY: O n March 15, 2021, the B oard o f C o unty C o mmissio ners approved a budget amendment in the amo unt of $1,674,512 to purc ha se equipment for the stormwater u*lity services using lo an proceeds. O n April 27, 2021, the Financ e O ffice so licited pro posals for the financing of the equipment and any a sso ciated clo sing costs. Key Go vernment Finance I nc. submi1ed the lowest interest cost of $38,813, represen*ng a 0.905% interest rate. T he first principal and interest payment will be due in F Y 21-22 and is included in the recommended F Y 21-22 budget through the stormwater services fund. Annual debt service will be $380,740. Staff reco mmends the installment fi nancing be awarded to Key Government Finance I nc. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance P roac*vely manage the county budget R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the reso lu*on. AT TA C H M E N T S : Descrip*on Resolution Analysis of Bids Summary of Terms and Conditions C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend adoption. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH KEY GOVERNMENT FINANCE INC. TO FINANCE THE ACQUISITION OF VARIOUS MOTOR VEHICLES AND EQUIPMENT FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, New Hanover County proposes the financing of the acquisition of various motor vehicles and equipment for the stormwater utility program, as approved for purchase by the New Hanover County Board of Commissioners (Board) on March 15, 2021; and WHEREAS, 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; and WHEREAS, pursuant to said Section 160A-20, New Hanover County is authorized to finance the acquisition of real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and WHEREAS, Key Government Finance Inc. has proposed to finance the acquisition pursuant to an installment purchase contract between the Purchaser and Key Government Finance Inc. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners authorizes the following: Section 1. The New Hanover County Board of Commissioners does hereby find and determine: (a) New Hanover County proposes the financing of the acquisition of various motor vehicles and equipment for the stormwater utility program as approved by the Board on March 15, 2021; (b) 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 real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and (d) Key Government Finance Inc. has proposed the finance of the acquisition pursuant to an Installment Purchase Contract between the Purchaser and Key Government Finance Inc. Board of Commissioners - June 7, 2021 ITEM: 10- 1 - 1 Section 2. The New Hanover County Board of Commissioners hereby authorizes and directs the County Manager, the County Attorney, and the Chief Financial Officer to negotiate, execute, acknowledge and deliver the installment purchase contract with Key Government Finance Inc. in such form and substance as the person negotiating, executing and delivering such instruments shall find acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the installment purchase contract and attest the same. Section 3. The proper New Hanover County officers 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 installment purchase contract. Section 4. No deficiency judgment may be rendered against New Hanover County in any action for breach of a contractual obligation under the installment purchase contract and the taxing power of New Hanover County is not and may not be pledged directly or indirectly to secure any moneys due under the installment purchase contract, the security provided being the sole security for Key Government Finance Inc. in such instance. Section 5. It is hereby determined and approved that (i) the proceeds of the contract shall be used for the financing of the acquisition of various motor vehicles and equipment used for the stormwater utility program, and (ii) the maximum principal amount expected to be incurred is $1,679,512 with 59 monthly installments. ADOPTED this the 7th day of June, 2021. NEW HANOVER COUNTY ___________________________________ Julia Olson-Boseman, Chairman ATTEST: ___________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 10- 1 - 2 RFP Analysis for Installment Financing of Stormwater Equipment Proposals Due 05/18/21 Bank Name Payment Freq Interest Anticipated Proposal Interest Principal Fees Total Cost Prepayment Rate Closing Date Expiration Date FNB Equipment Finance Monthly payments 1.745 7/9/2021 6/15/2021 $1,748,609 Not included Matthew Keil TD Equipment Finance Semi-annual-59 months Option A - 1.05 NLT 07/07/21 5/20/2021 $47,474 $1,679,512 $1,726,986 Premium based on the greater of Yield Maintenance or 1% of Lease balance Josh Sullivan Semi-annual-59 months Option A - 1.10 NLT 07/07/21 5/20/2021 $49,757 $1,679,512 $0 $1,729,269 1% of Lease balance J.P. Morgan Equipment Finance Semi-annual-59 months 1.21 NLT 07/02/21 7/2/2021 $54,489 $1,674,512 $0 $1,729,001 Prior the 12 month of commencment subject to a fixed rate/"make whole" break funding charge Michael Lucas In whole on any payment date after initial 12 months from commencement without penalty, with 30 days written notice Key Government Finance Semi-annual-59 months 0.905 NLT 7/08/2021 5/24/2021 $38,813 $1,674,512 $0 $1,713,325 Prepayable in whole with no prepayment penalty Donna Scibetta Truist Bank Semi-annual-59 months 1.03 NLT 07/17/21 7/17/2021 $46,611 $1,679,512 $0 $1,726,123 In whole at any time without penalty Andrew G Smith First Citizens Bank Semi-annual-59 months 1.58 NLT 07/18/21 7/18/2021 $71,546 $1,679,512 $0 $1,751,058 Prepayable at par any time Steve Groth South State Bank Semi-annual-59 months 1.19 NLT 07/02/21 7/2/2021 $55,120 $1,674,512 $0 $1,729,632 No penalty with 15-days prior written notice Tom Dodson PNC Semi-annual-59 months 0.94 NLT 07/02/21 6/1/2021 $43,155 $1,674,512 $3,500 $1,721,167 No penalty with 30-days prior written notice Laila Ismail Board of Commissioners - June 7, 2021 ITEM: 10- 2 - 1 Key Government Finance Page 1 Confidential New Hanover County, Wilmington, North Carolina $1,679,512.00 Installment Purchase Financing Summary of Terms and Conditions May 18, 2021 This Financing proposal is provided for discussion purposes only and does not represent a commitment from Key Government Finance, Inc. (“KGF”). This proposal and its terms are submitted on a confidential basis and shall not be disclosed to third parties (other than the Lessee’s officers, directors, employees and advisors charged with reviewing and/or implementing the transactions contemplated hereby) without KGF's consent. This proposal is intended as an outline of certain material terms of the Lease and does not purport to summarize all of the conditions, covenants, representations, warranties and other provisions which would be contained in definitive documentation for the Lease contemplated hereby. Key Government Finance, Inc. is pleased to provide the following proposal for a tax-exempt lease purchase financing structure to New Hanover County, Wilmington, North Carolina Lessor: Key Government Finance, Inc. (“Lessor”). Lessee/Issuer: New Hanover County, Wilmington, North Carolina (“Lessee”). Lease: Tax-Exempt Non-Bank Qualified Lease/Purchase Agreement (“Lease”). Amount: Purpose: $1,674,512.00 The Lease purchase proceeds will be used for the purchase of County Vehicles and equipment as described and listed in the RFP. Repayment: The Term will not exceed 60 months Level principal and interest payments would commence 6 months from funding and continue on a semi-annual basis for until (“Final Maturity”) See attached sample amortization schedule. Interest Rates: The fixed interest rate is 0.905% The fixed interest rate quoted in this Proposal was calculated based on the KeyCorp Cost of Funds Index (the “Index”) as of May 17, 2021 (the “Benchmark Date”) for a term equal to the weighted average life of 33 months for this proposal plus a 45 day rate lock premium (the “Premium”). The fixed interest rate will be held until July 08, 2021 (the “Lock Expiration Date”) only if we receive your acceptance of this proposal on or before May 24, 2021 (the “Lock Acceptance Date”). Acceptance of the fixed interest rate can be made through email confirmation between Lessor and Lessee. Your acceptance of this Proposal after the Lock Acceptance Date will result in the re- pricing of all terms related to the rate lock, including the amount of the Premium. Interest Day Count: 30/360 Board of Commissioners - June 7, 2021 ITEM: 10- 3 - 1 Page 2 Confidential Escrow Account: If requested, the Lease will fund into an interest- bearing Escrow Account for the purpose of acquiring the Equipment. The Escrow account will be held with Bank of New York Mellon Trust Company N.A. the interest accrued will be credited to the Lessee. There is no charge for the escrow account if needed. Origination Fee: 0 basis points (0.0%). Costs of Issuance: Credit approval: Lessee will be responsible for all its costs related to this Lease including but not limited to Lessee’s Counsel fees and any related costs associated with the issuance of the Lease. The Lender will have no fees. The Lease has been given a positive pre-screen. Formal credit approval is 3-5 business days assuming timely receipt of additional requested information. Prepayment: The Lease Purchase may be prepaid in whole, but not in part, and will not be subject to a prepayment penalty at the time of the termination. Equipment: The equipment consists of County Vehicles and equipment as described and listed in the RFP. Security Interest: Lessee will grant Lessor a first priority security interest in the Equipment, title to the Equipment will remain with Lessee. Financial Reporting: The Lessor is to receive annual audited financial statements from the Lessee within 270 days of the fiscal year end unless they have been uploaded to EMMA. Documents: Lessor’s documents will be used for this transaction and shall be in a form and substance acceptable to the Lessor and its legal counsel. Sample documentation will be provided upon the City’s request. Conditions Precedent to Closing: Lessee’s obligation will be subject to such terms and conditions that Lessor may require with respect to this transaction, or as are customarily required with respect to similar credits and as set forth in the lease documents. Without limitation, such terms and conditions shall include: 1. Absence of Default. 2. Accuracy of Representations and Warranties. 3. Negotiation and Execution of satisfactory closing documents. 4. Absence of material adverse change in financial condition of Lessee during the period from the date hereof to the Closing Date. Market Disruption: Notwithstanding anything contained herein to the contrary, in the event any material change shall occur in the financial markets after the date of this proposal, including but not limited to any governmental action or other event which materially adversely affects the extension of credit by banks, leasing companies or other lending institutions, the Lessor may modify the indicative pricing described above. Anticipated Closing Date: Firm Experience: Within 45 days of the proposal due date of May 18, 2021. The Lessor is a subsidiary of KeyBank, N.A. Lessor’s portfolio consists of over $4.5 billion of tax-exempt leases, loans, and bonds for municipalities, not-for-profits, and manufacturers across the United States. Board of Commissioners - June 7, 2021 ITEM: 10- 3 - 2 Page 3 Confidential Proposal Acceptance/Expiration This proposal is issued in reliance upon the accuracy of all information presented by you to us and is contingent upon the absence of any material adverse change in your condition, financial or otherwise, from the condition as it was represented to us at the time of this proposal. This proposal is subject to our formal approval and the execution of documentation acceptable to each of us. IT IS NOT A COMMITMENT BY US TO ENGAGE IN THIS TRANSACTION. Key Government Finance (“KGF”) is not acting as an advisor to you and does not owe a fiduciary duty pursuant to Section 15B of the Exchange Act to you with respect to the information and material contained in this communication; (b) KGF is acting for its own interests; and (c) you should discuss any information and material contained in this communication with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material. Lessor notifies Lessee that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56, as amended and supplemented) (the “Patriot Act”), that Lessor is required to obtain, verify and record all information that identifies Lessee, which information includes the name and address of Lessee and other information that will allow Lessor to identify Lessee in accordance with the Patriot Act. Lessor acknowledges that, in connection with Lessee’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), Lessee may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice of its incurrence of its obligations under this Agreement and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with this Agreement, in each case including a description of the material terms thereof (each such notice, an “EMMA Notice”). Lessee shall not file or submit or permit the filing or submission of any EMMA Notice that includes any of the following unredacted information regarding Lessor or the Escrow Agent: physical or mailing addresses, account information, e-mail addresses, telephone numbers, fax numbers, tax identification numbers, or titles or signatures of officers, employees or other signatories. Lessee acknowledges and agrees that Lessor is not responsible in connection with any EMMA Notice relating to this Agreement for Lessee’s compliance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities laws, including but not limited to those relating to the Rule. If the outlined foregoing proposal is satisfactory, reflects an arrangement that suits the need of your organization and you would like Key to commence its due diligence process, please sign and return this proposal. The terms described in this proposal will expire in 45 days if we have not received an authorized signed copy on or before such date. Thank you for allowing us the opportunity to present this Proposal. If you have any questions, please call me at 716-819- 5947 Sincerely, Key Government Finance, Inc. Donna Scibetta By: _____________ _____________ Donna Scibetta VP, Municipal Finance Key Government Finance, Inc. donna_scibetta@keybank.com Board of Commissioners - June 7, 2021 ITEM: 10- 3 - 3 Page 4 Confidential APPROVED THIS DAY OF , 2021 New Hanover County, Wilmington, North Carolina By: Print Name: Title: Board of Commissioners - June 7, 2021 ITEM: 10- 3 - 4 Page 5 Confidential New Hanover County, Wilmington NC sample amortization - Interest Rate .905% Total Interest Principal Principal Date Payment Component Component Balance 6/25/2021 -$ -$ -$ 1,674,512.00$ 12/25/2021 190,369.45$ 7,577.17$ 182,792.28$ 1,491,719.72$ 6/25/2022 190,369.45$ 6,750.03$ 183,619.42$ 1,308,100.30$ 12/25/2022 190,369.45$ 5,919.15$ 184,450.30$ 1,123,650.00$ 6/25/2023 190,369.45$ 5,084.52$ 185,284.93$ 938,365.07$ 12/25/2023 190,369.45$ 4,246.10$ 186,123.35$ 752,241.72$ 6/25/2024 190,369.45$ 3,403.89$ 186,965.56$ 565,276.17$ 12/25/2024 190,369.45$ 2,557.87$ 187,811.57$ 377,464.59$ 6/25/2025 190,369.45$ 1,708.03$ 188,661.42$ 188,803.17$ 5/25/2026 190,369.45$ 1,566.28$ 188,803.17$ 0.00$ Total 1,713,325.05$ 38,813.05$ 1,674,512.00$ Board of Commissioners - June 7, 2021 ITEM: 10- 3 - 5 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 C o nsent D E PA R T M E N T: B udget P R E S E N T E R (S ): L isa Wurtzbacher, C hief Financial O fficer C O N TA C T (S ): L isa Wurtzbacher S U B J EC T: A dop$on of Budget A mendments B R I E F S U M M A RY: T he following budget amendments amend the annua l budget o rdinance for the fiscal year ending J une 30, 2021: Special Purpose Fund 21-075 Health and Human Services 21-081 S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance P roac0 vely manage the county budget R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the o rdinances fo r the budget amendments listed. AT TA C H M E N T S : Descrip0on 21-075 21-081 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 11 Section 1: Details of Budget Amendment Strategic Focus Area:Strong Financial Performance Strategic Objective(s):Proactively manage the county budget Decrease Increase Total 2,815,000$ 2,815,000$ 2,851,461$ 2,851,461$ 136,037$ 136,037$ 1,250,000$ 1,250,000$ -$ 7,052,498$ 7,052,498$ Decrease Increase Total 2,815,000$ 2,815,000$ 2,851,461$ 2,851,461$ 136,037$ 136,037$ 1,250,000$ 1,250,000$ -$ 7,052,498$ 7,052,498$ -$ 7,052,498$ Decrease Increase Total 325,000$ 325,000$ -$ 325,000$ 325,000$ Decrease Increase Total 325,000$ 325,000$ -$ 325,000$ 325,000$ -$ 325,000$ Section 2: Explanation Section 3: Documentation of Adoption Adopted, this 7th day of June, 2021. (SEAL) ATTEST: Total if Actions TakenPrior to Actions Today Total Prior to Actions Today Total if Actions Taken Special Purpose Fund Budget Fund: Representative Payee Fund Department: Various Expenditure: BA 21-075 - Expenditures by Function Human Services Total Revenue: BA 21-075 - Revenues by Function Human Services Representative Payee Fund Budget NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-075 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Julia Olson-Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board This ordinance shall be effective upon its adoption. New Hanover County is required to implement a new accounting standard, GASB 84, related to fiduciary activities prior to June 30, 2021. As part of this implementation, two new special revenue funds have been created, the Special Purpose Fund and the Representative Payee Fund. These funds are for various fiduciary activities including tracking money that ultimately belongs to individuals or others outside of the government as well as some money that has been restricted by third parties. Examples include, but are not limited to, DSS Trust and Support accounts as well as donations for restricted purposes. General Government BA 21-075 - Expenditures by Function BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET June 7, 2021AGENDA: Expenditure: Fund: Special Purpose Fund Department: Various Human Services General Government Human Services Total Total Culture and Recreation BA 21-075 - Revenues by Function Revenue: Culture and Recreation Public Safety Public Safety Board of Commissioners - June 7, 2021 ITEM: 11- 1 - 1 Section 1: Details of Budget Amendment Strategic Focus Area:Superior Public Health & Safety Strategic Objective(s):Sustain the community capacity to prepare for and respond to public safety demands Decrease Increase Total 135,000$ 135,000$ -$ 135,000$ 135,000$ Decrease Increase Total 135,000$ 135,000$ -$ 135,000$ 135,000$ 15,666,739$ 15,801,739$ Section 2: Explanation Section 3: Documentation of Adoption Adopted, this 7th day of June, 2021. (SEAL) ATTEST: Departmental Budget Total if Actions Taken Prior to Actions Today NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-081 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Julia Olson-Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board This ordinance shall be effective upon its adoption. BA 21-081 budgets funds provided by New Hanover County Schools (NHCS) for purposes of providing nurses during NHCS summer school sessions. Specifically, these funds will be used for Salary and Fringe expenditures for 15 nurses that will be working for six additional weeks between June 15, 2021 and October 1, 2021. It will also cover a small incentive bonus for the nurses taking on these additional summer responsibilities, which are outside of their regular work schedule. Coverage will be provided at 15 schools, including several traditional and year-round schools, as well as Snipes Academy. Unused portions of these revenues in FY20-21 will be rolled forward for continued service in FY21-22 through the dates indicated. No new positions are being requested and no county match is required. Total Total BA 21-081 School Health Revenue: BA 21-081 School Health BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET June 7, 2021AGENDA: Expenditure: Fund: General Department: Health & Human Services Agency/Public Health Board of Commissioners - June 7, 2021 ITEM: 11- 2 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: C ounty Manager P R E S E N T E R(S ): C hair O lson-B oseman C O N TA C T (S ): C hris C oudriet, C ounty Manager S U B J EC T: C onsidera)on of a Resolu)on to Recognize and C ong ratulate J ohn T. Hog gard High S chool as the 2021 N orth C arolina 4A S o4ball S tate C hampions B R I E F S U M M A RY: T he c o aches and members of the soball team have been invited to be recognized f o r winning the 4A Soball State C hampionship. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec(ve County Management I ncreas e transparency and aw ar enes s about county ac(ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the reso lu(on and recognize the players and coa c hes. AT TA C H M E N T S : Descrip(on Hoggard High School Softball Team Resolution C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 12 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS TO RECOGNIZE AND CONGRATULATE JOHN T. HOGGARD HIGH SCHOOL AS THE 2021 NORTH CAROLINA 4A SOFTBALL STATE CHAMPIONS WHEREAS, on May 15, 2021, the John T. Hoggard High School softball team, led by longtime head coach Colleen St. Ledger, won the North Carolina 4A Softball State Championship held in Lexington, North Carolina; and WHEREAS, the team defeated East Forsyth High School, by a score of 6-5, giving the Hoggard Vikings their first Fast-pitch Softball State Championship; and WHEREAS, the Vikings finished 20-1 for the season, were 14-0 in the Mideastern 3A/4A and won the league title, won the program’s second straight Eastern Regional Championship, and appeared in the State Series for the third time in fast-pitch softball; and WHEREAS, Icess Tresvik, the Viking’s pitcher, was selected as the 4A Softball State Championship Series Most Valuable Player after pitching 23.1 innings in the series, striking out 34 East Forsyth batters, allowing only six runs, and going three for nine at the plate with a solo home run in the championship-winning game; and WHEREAS, the John T. Hoggard High School softball team carried with it the pride and support of New Hanover County’s citizens. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the players, coaches, and parents of the John T. Hoggard softball team should be recognized and congratulated for their accomplishments, and for serving as outstanding ambassadors for New Hanover County. ADOPTED this the 7th day of June, 2021. NEW HANOVER COUNTY ___________________________________ Julia Olson-Boseman, Chair ATTEST: ___________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 12- 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: Diversity & Equity P R E S E N T E R(S ): B ernic e J o hnson, African American Histo ry, Heritage and C ulture C o mmissio n Member C O N TA C T (S ): L inda T hompson, C hief D iversity a nd Equity O fficer S U B J EC T: C onsidera)on of Juneteenth P roclama)on B R I E F S U M M A RY: T he African Americ an History, Heritage and C ulture C o mmissio n was created to research, inves'gate, discover, preserve and celebrate African Americ an culture within N ew Hanover C o unty. I n keeping with our missio n, we aim to encourage residents throughout N ew H ano ver C ounty to a c knowledge and educate themselves abo ut the historic J uneteenth ho liday, which highlights the delayed reco gni'on o f the end of slavery in the Southern and So uthwestern U nited States for two and a half years. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment Encourage development of complete communi'es in the unincorpor ated county I ncreas e connec'vity of res idents to each other and their inves tment to New H anover County R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Read and adopt the proclama'on. AT TA C H M E N T S : Descrip'on Juneteenth Proclamation C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS JUNETEENTH PROCLAMATION WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring enslaved people in Confederate territory free and paving the way for the passing of the 13th Amendment which formally abolished slavery in the United States of America; and WHEREAS, word about the signing of the Emancipation Proclamation was delayed some two and one half years, to June 19, 1865, in reaching authorities and African-Americans in the South and Southwestern United States; and WHEREAS, Emancipation Day observations are held on different days in different states in the South and Southwest, and in other parts of the nation; and WHEREAS, June 19th has a special meaning to African-Americans, and is called "JUNETEENTH" combining the words June and Nineteenth, and has been celebrated by the African-American community for over 150 years. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 19, 2021 will be recognized as JUNETEENTH in New Hanover County, and urges all citizens to become more aware of the significance of this celebration in African-American History and in the heritage of our nation and County. ADOPTED this the 7th day of June, 2021. NEW HANOVER COUNTY ___________________________________ Julia Olson-Boseman, Chair ATTEST: ____________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 7, 2021 ITEM: 13- 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: B udget P R E S E N T E R (S ): L isa Wurtzbacher, C hief Financial O fficer C O N TA C T (S ): Michelle D aniels, B udget O fficer S U B J EC T: P ublic Hearing on the F Y 2021-2022 Recommen d ed B udget (limit three m inutes eac h) B R I E F S U M M A RY: Pursuant to General Statute 159-12(b), before ado p)ng the budget ordina nce, the board shall hold a public hearing at which )me perso ns who wish to be heard on the budget may appear. T his public hearing o n the F Y 2021-2022 Reco mmended B udget meets these requirements. E s)mated Minutes Agency 3 N ew Hanover C ounty Schools 3 C ape Fear C ommunity C ollege 3 (each) O ther Agencies/I ndividuals S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance P roac)vely manage the county budget R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : C o nduct public hearing. AT TA C H M E N T S : Descrip)on Script Public Hearing Notice C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) C onduct public hearing. C O M M I S S I O N E R S ' A C T I O N S : C onducted public hearing. Adopted the F Y2021-2022 B udget O rdinance 3-2, Vice-C hair H ays and C ommissioner Board of Commissioners - June 7, 2021 ITEM: 14 Z apple voting in opposition. Board of Commissioners - June 7, 2021 ITEM: 14 SCRIPT FOR AGENDA ITEM June 7, 2021 CHAIRMAN OLSON-BOSEMAN: Pursuant to General Statute 159-12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the FY20 21-2022 Recommended Budget meets these requirements. The Board will now hear public comments and open the floor to Board discussion. Hear comments, if any. I will now close the public hearing. Is there a motion to adopt the FY2021-2022 Budget Ordinance? Motion: Second: Board of Commissioners - June 7, 2021 ITEM: 14- 1 - 1 PUBLIC NOTICE THE NEW HANOVER COUNTY RECOMMENDED BUDGET FOR FISCAL YEAR 2021- 2022 HAS BEEN SUBMITTED TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS. THE BOARD WILL HOLD A PUBLIC HEARING ON THE BUDGET ON MONDAY, JUNE 7, 2021 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA. A COPY OF THE RECOMMENDED BUDGET IS AVAILABLE FOR PUBLIC INSPECTION IN THE COUNTY COMMISSIONERS’ OFFICE AT THE NEW HANOVER COUNTY GOVERNMENT CENTER, ALL BRANCHES OF THE PUBLIC LIBRARY, AND ON THE NEW HANOVER COUNTY WEBSITE: www.nhcgov.com/Budget. Kymberleigh G. Crowell Clerk to the Board of County Commissioners New Hanover County, North Carolina Board of Commissioners - June 7, 2021 ITEM: 14- 2 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: B udget P R E S E N T E R (S ): L isa Wurtzbacher, C hief Financial O fficer C O N TA C T (S ): Michelle Daniels, B udget O ffi c er a nd Kemp B urpeau, Deputy C ounty A#o rney S U B J EC T: P ublic Hearing Ec onomic Development and Economic I ncen1ves A ppropria1ons (limit three minutes) B R I E F S U M M A RY: C o nsistent with General Statute 168.7.1, the B oard of C ounty C o mmissio ners is required to no-fy the public a t least 10 days prior to conduc-ng a public hearing for every appropria-on o r expenditure related to eco nomic develo pment. I n addi-o n to the pro c edura l requirements, elected boards are a lso required to make a specific fi nding prior to appro ving any a ppro pria -o n or expenditure for eco nomic develo pment that the a ppro pria -o n or expenditure will "increase the po pula-on, taxable property, agricultural industries, employment, industrial o utput o r business pro spects of the city or county." T he f o llo wing eco nomic development expenditures have been reco mmended for appropria-on in the F Y 2021-2022 budget and are under co nsidera-on for adop-on. I f, a 9er co nduc-ng the public hearing, the board fi nds tha t the appro pria-o ns/expenditures iden-fied belo w will increase the popula-o n, ta xable pro perty, agricultural industries, employment, industrial output o r business pro spects for N ew H ano ver C o unty, and the board appro priates the items iden-fied below as part o f the F Y 2021-2022 Adopted B udget, then no addi-o nal bo ard ac-on will be required to expend the funds. N ew incen-ves, appropria-ons o r expenditures, or subsequent increases, will require public no -c e a nd ano ther public hearing. Ec onomic Development A gencies/Organiza1ons T hese appro pria-o ns will be funded from General F und revenues of the county. Organiza1 on A mount Desc rip1on of A c1 vi1 es/E xpense Arts C ouncil of W ilmington & N ew H ano ver C o unty $45,000 Suppo rt arts-driven eco nomic develo pment ac-vi-es to increase a #endance and enco urage increased spending in the loca l econo my C ape Fear Reso urce C onserva-on and Development $4,500 Assess dra ina ge for sto rmwater systems and wa tersheds to implement projects that support c o mmuni-es, businesses, and natural reso urces C ape Fear C ouncil of Governments C on-nuum of C are fo r H o melessness $25,000 An allia nce o f service pro viders, local go vernment agencies a nd o ther public interests who se co mmo n goal is the reduc -o n and ul-mate elimina-o n of homelessness C ucalorus Film Fo unda-o n $25,000 Suppo rt seaso na l staff for the C ucalo rus Film Fes-val (F ilm, Sta ge, C o nnect) events which encourage Board of Commissioners - June 7, 2021 ITEM: 15 visitor/to urist a#endance and encourage increased spending in the local econo my Fo reign Trade Pro mo -o n C ouncil $2,500 U ses its members’ exper-se to assist N ew Hanover C ounty small, midsize, and large co rpora-o ns to expand glo ba l sa les and thereby off er sustainable good paying jo bs Friends of Fort Fisher $4,550 Suppo rt progra ms, lectures, reenactments, and ac-vi-es f o r lo c al, regio na l, state, and na-o nal visitors at the Fort Fisher Sta te Histo rical site Genesis B lo ck L abs, L L C $25,000 Assist with f unding N ew Hanover C ounty businesses pa r-c ipa -ng in their accelerato r program H ighway 17 Transpo rta-on Associa-o n in N C , I nc. $3,250 Wo rk regularly with the N C General Assembly, the B oa rd of Transpo rta-on and N C D OT leadership to make prio ri-za -o n and f unding f o r rural, eastern projec ts more equitable Southeastern Econo mic D evelo pment C o mmissio n $18,240 Assist with project development necessary f o r the solicita -o n of grant funding from the Eco nomic D evelo pment Administra-o n T he Southeastern Partnership, I nc.$20,000 P ro vide the regional and targeted industry specific marke-ng and conduct f amiliariza-o n events W ilmingto n B usiness D evelopment $258,600 P ro vide recruitment/assistance f o r business expansio n and/o r reloca -o n efforts W ilmingto n C hamber o f C ommerce $181,000 B usiness reten-o n, expansio n, and recruitment W ilmingto n Downtown, I nc.$90,000 P ro vide ac-vi-es to increase the number o f businesses, jo bs, and ta x ba se in W ilmington’s U rban C ore W ilmingto n Regio nal Film C ommission $133,692 P ro mo te/assist T V and fi lm produc-on ac-vi-es to drive lo c al entertainment business growth, support local produc-on infra structure and businesses W ilmingto n Symphony O rchestra $5,000 P ro vide symphonic music and music educa-on progra ms thro ugh perf o rmance opportuni-es for regional musicia ns and for the community ’s yo uth Y W C A of the L o wer C ape Fear $40,090 E mpower young wo men, elimina-ng barriers, and provide resources that allow them to beco me full pa r-c ipa nts in the eco nomic mainstream o f the c o mmunity P rev iously A pproved C ontractual I ncen1ve Pay ments T he following is an incen-ve payment that was previo usly board approved as outlined in the incen-ve agreement contract to be paid upon the c o mpa ny mee-ng specified investment/job requirements: N a-o nal Gypsum, up to $70,000. T his appropria-on will be funded from General F und revenues of the county. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance P roac-vely manage the county budget Board of Commissioners - June 7, 2021 ITEM: 15 R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : C o nduct public hearing. AT TA C H M E N T S : Descrip-on Script List of Econ Dev Agencies Econ Dev Public Notice C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) C onduct public hearing. C O M M I S S I O N E R S ' A C T I O N S : C onducted public hearing. Approved the economic development appropriations and expenditures 5-0. Board of Commissioners - June 7, 2021 ITEM: 15 SCRIPT FOR AGENDA ITEM JUNE 7, 2021 CHAIRMAN OLSON-BOSEMAN: I will now open a public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for these appropriations and expenditures will be from the General Fund. The purposes of economic development and economic in centive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY21-22 budget and are under consideration for adoption. The public is invited to comment on the following appropriations and expenditures as shown on the screen: • Economic Development Agencies/Organizations • Previously Approved Contractual Incentive Payments Hear comments, if any, including written comments received to date. I will now close the public hearing. Is there a motion to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County? Motion: Second: Board of Commissioners - June 7, 2021 ITEM: 15- 1 - 1 SCRIPT FOR AGENDA ITEM JUNE 7, 2021 Vote Staff is directed to do any and all things necessary to finalize the economic incentive appropriations and expenditures. Board of Commissioners - June 7, 2021 ITEM: 15- 1 - 2 Economic Development Agencies/Organizations • Arts Council of Wilmington & New Hanover County $ 45,000 • Cape Fear Resource Conservation & Development $ 4,500 • Cape Fear Council of Governments Continuum of Care for Homelessness $ 25,000 • Cucalorus Film Foundation $ 25,000 • Foreign Trade Promotion Council $ 2,500 • Friends of Fort Fisher $ 4,550 • Genesis Block Labs, LLC $ 25,000 • Highway 17 Transportation Association in NC, Inc. $ 3,250 • Southeastern Economic Development Commission $ 18,240 • The Southeastern Partnership, Inc. $ 20,000 • Wilmington Business Development $258,600 • Wilmington Chamber of Commerce $181,000 • Wilmington Downtown, Inc. $ 90,000 • Wilmington Regional Film Commission $133,692 • Wilmington Symphony Orchestra $ 5,000 • YWCA of the Lower Cape Fear $ 40,090 Previously Approved Contractual Incentive Payments • National Gypsum Up to $70,000 Board of Commissioners - June 7, 2021 ITEM: 15- 2 - 1 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL HOLD A PUBLIC HEARING ON MONDAY, JUNE 7, 2021 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON APPROPRIATIONS AND EXPENDITURES FOR ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS. THE PURPOSE OF ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS ARE TO INCREASE THE POPULATION, TAXABLE PROPERTY, AGRICULTURAL INDUSTRIES, EMPLOYMENT, INDUSTRIAL OUTPUT OR BUSINESS PROSPECTS FOR NEW HANOVER COUNTY. FOR FISCAL YEAR 2021-2022 THE COUNTY IS CONSIDERING APPROPRIATING THE FOLLOWING ECONOMIC DEVELOPMENT/INCENTIVE EXPENDITURES AS PART OF THE FY21-22 BUDGET: Arts Council of Wilmington & New Hanover County, $45,000, Support arts-driven economic development activities to increase attendance and encourage increased spending in the local economy; Cape Fear Resource Conservation and Development, $4,500, Assess drainage for stormwater systems and watersheds to implement projects that support communities, businesses and natural resources; Cape Fear Council of Governments Continuum of Care for Homelessness, $25,000, An alliance of service providers, local government agencies and other public interests whose common goal is the reduction and ultimate elimination of homelessness; Cucalorus Film Foundation, $25,000, Support seasonal staff for the Cucalorus Film Festival (Film, Stage, Connect) events which encourage visitor/tourist attendance and encourage increased spending in the local economy; Foreign Trade Promotion Council, $2,500, Use its members’ expertise to assist New Hanover County small, midsize, and large corporations to expand global sales and thereby offer sustainable good paying jobs; Friends of Fort Fisher, $4,550, Support programs, lectures, reenactments and activities for local, regional, state and national visitors at the Fort Fisher State Historical site; Genesis Block Labs, LLC, $25,000, Assist with funding New Hanover County businesses participating in their accelerator program; Highway 17 Transportation Association in NC, Inc., $3,250, Work regularly with the NC General Assembly, the Board of Transportation and NC DOT leadership to make prioritization and funding for rural, eastern projects more Board of Commissioners - June 7, 2021 ITEM: 15- 3 - 1 equitable; Southeastern Economic Development Commission, $18,240, Assist with project development necessary for the solicitation of grant funding from the Economic Development Administration; The Southeastern Partnership, Inc., $20,000, Provide the regional and targeted industry specific marketing and conduct familiarization events; Wilmington Business Development, $258,600, Provide recruitment/assistance for business expansion and/or relocation efforts; Wilmington Chamber of Commerce, $181,000, Business retention, expansion and recruitment; Wilmington Downtown, Inc., $90,000, Provide activities to increase the number of businesses, jobs and tax base in Wilmington’s Urban Core; Wilmington Regional Film Commission, $133,692, Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses; Wilmington Symphony Orchestra, $5,000, Provide symphonic music and music education programs through performance opportunities for regional musicians and for the community’s youth; and YWCA of the Lower Cape Fear, $40,090, Empower young women, eliminating barriers, and provide resources that allow them to become full participants in the economic mainstream of the community. The source of funding for these appropriations and expenditures will be from the General Fund of the county. The following is an incentive payment that was previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: National Gypsum, up to $70,000. The source of funding for this incentive payment appropriation and expenditure will be from the General Fund of the county. THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL RECEI VE PUBLIC COMMENTS ON THESE AGREEMENTS AT THE ABOVE STATED TIME AND PLACE. Kymberleigh G. Crowell, Clerk to the Board of Commissioners New Hanover County, North Carolina Board of Commissioners - June 7, 2021 ITEM: 15- 3 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: E ngineering P R E S E N T E R (S ): J im I annucci, C o unty E ngineer C O N TA C T (S ): J im I annucci S U B J EC T: C onsidera)on of Revised S tormwater Ordinance B R I E F S U M M A RY: T he N H C Sto rmwater O rdinance has been completely upda ted to reflect current condi!ons and to incorpo rate the changes necessary since the establishment o f the S to rmwa ter Services Program by the B oard o f C o unty C o mmissio ners o n December 16, 2019. T he f o rmat was a djusted to be added to the U nifi ed D evelopment O rdinance (U D O ). T he N ew Hanover C o unty Planning B oa rd was briefed o n the updated ordinance at their April mee!ng. Since the c ha nges go beyo nd simple track changes, we will summarize the majo r changes belo w as well as the intent o f the updated ordinance. T he ordinance has been reduced in size f ro m 31 pages plus several approved updates and several administra!ve memo randums. T he updated ordinance is now a total o f 13 pages and has been forma6ed to be included with the U D O. T he ordinance will beco me Ar!cle 7 of the U D O and will come before the Sediment and E rosio n C ontro l O rdinance that was previo usly added as Ar!cle 8. T he o rdinance references the design manual (which we will put o ut an R F Q and lo o k to update in the upcoming fiscal year). An administra!ve memorandum will cover any gaps with u!lizing the current design manual un!l the revised design manual is ado pted. All design calcula!ons will be placed in the design manual along with ref erences to things such a s rainfall intensity so that these amounts can be updated as necessary. T he design manual will be revised and brought before the bo ard for appro val. T his makes f o r a much easier to follow ordinance. T he co unty ’s ro le in pro viding drainage maintena nce per administra!ve policies is listed under Sec !o n 7.7 A under C o unty ’s Role. T he upda ted o rdinance removes all redevelopment language tha t was no longer consistent with the guidelines set forth in Session L aw 2018-145: S EC T I O N 26.(b) G.S. 143-214.7(b3) reads a s rewri6en: "(b3) Sto rmwater runoff rules and programs shall not require priva te pro perty o wners to install new o r increased stormwater c o ntrols for (i) preexis!ng development or (ii) redevelopment ac!vi!es that do no t remove or decrease exis!ng sto rmwater co ntrols. W hen a preexis!ng development is redeveloped, either in who le or in pa rt, increased stormwater controls shall o nly be required f o r the amount of impervio us surf ace being created that exceeds the amount of impervious surface that existed before the redevelo pment. T his subsec!on applies to all local go vernments regardless of the source of their regulatory autho rity. L ocal go vernments shall include the requirements o f this subsec!on in their sto rmwater ordinances." Development language was streamlined to simplify use. Defi ni!ons were updated to reflect current policies a nd regula!ons. T he order of the sec!o ns was completely revised to match the accepted format o f many N orth C aro lina jurisdic!o ns to promote unifo rmity and to increase efficiency of use by engineers, develo pers and the general public. All language regarding Authoriza!on to C onstruc t (ATC ) was removed. Board of Commissioners - June 7, 2021 ITEM: 16 I n place of Autho riza!on to C onstruct, development will require either a drainage plan or a stormwater permit. A drainage plan is a simple map and/or narra!ve showing the direc!on o f drainage flow and any exis!ng drainage ea sements. T he plan need not be developed by a registered design pro f essional. A list o f criteria is pro vided as to when a plan needs to be submi6ed. T he majority of construc!on o f single f amily ho mes are within permi6ed subdivisions and will not require a drainage plan. A stormwater permit is s!ll required when develo pment ac!vity results in the accumula!on o f 10,000 sq I o f impervious surface. To address areas of develo pment with exis!ng drainage defi ciencies, the C ounty E ngineer may require submi6al o f a sto rmwater impact analysis and addi!onal stormwater measures. T his wo uld be in cases o f documented flooding and wo uld only require design reco mmenda!ons to the next do wnstream facility (i.e. N C D OT culvert o r natural water body). I nstalla !o n of any stormwater improvements wo uld be acco mplished by Stormwater Services. Appeal language wa s mo dified to allow for appeals other than just an individual appealing a n abatement. Any perso n subject to an a dministra !ve decisio n or enf o rcement under this ar!cle ma y appeal such decisio ns o r enforcement ac!ons to the C ounty E ngineer. S T R AT EGI C P L A N A L I G N M E N T: S uperior P ublic H ealth & S afety S us tain the community capacity to pr epare for and res pond to public s afety demands Collaborate to op!mize s ys tem-w ide r es pons es and outcomes R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt revised Stormwater O rdinance to be included in U nified D evelopment O rdinance. AT TA C H M E N T S : Descrip!on Stormwater Ordinance C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend adoption. C O M M I S S I O N E R S ' A C T I O N S : Adopted 5-0. Board of Commissioners - June 7, 2021 ITEM: 16 Unified Development Ordinance | New Hanover County, NC 7-1 Article 7: Stormwater Management [5-12-2021] Section 7.1. Title This Article may be cited as the “New Hanover County Stormwater Management Ordinance.” Section 7.2. Purpose The purpose of this article is to protect and promote the health, safety and general welfare of the public; and to safeguard the natural and manmade resources of the County by regulating stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon existing and proposed development activities and establishing procedures by which these requirements and conditions are to be administered and enforced. Section 7.3. Authority and Jurisdiction A. The provisions of this article are adopted under the authority granted by the General Assembly of North Carolina. B. The regulations set forth in this article shall be applicable to all territory within the unincorporated areas of the County. Section 7.4. Objectives The objectives of this article are to: A. Establish the County's stormwater management program; B. Identify areas prone to flooding; C. Prevent the creation of new floodprone areas; D. Reduce the discharge of stormwater runoff to the maximum extent practicable by controlling discharge rates; E. Reduce erosion associated with stormwater runoff; F. Provide for the inspection and proper maintenance of structural and nonstructural stormwater control measures and; G. Provide for the enforcement of the County's stormwater management program in the unincorporated portions of the County. Section 7.5. Incorporation of Design Manual by Reference The New Hanover County Stormwater Design Manual, as approved by the New Hanover County Board of Commissioners, with subsequent amendments approved by the County Manager, is adopted by reference as part of this article and shall be available through the Engineering Department. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 1 7-2 New Hanover County, NC | Unified Development Ordinance Section 7.6. Definitions For the purpose of this Article, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: APPLICANT The owner of a site who submits a plan for a project pursuant to this article. APPLICATION The application form to be submitted by applicant for a plan for a project pursuant to this article. STORMWATER PERMIT The County will issue a Stormwater Permit following the satisfactory review of the application form and supporting documents demonstrating the applicant has satisfied the requirements of this article. BEST MANAGEMENT PRACTICE (BMP) A structural or nonstructural management-based practice used singularly or in combination to reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater management goals. (see also Stormwater Control Measure and Facility) BUILT-UPON AREA Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil including but not limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. CERTIFICATE OF COMPLETION A signed, sealed and dated certificate prepared by an authorized design professional which states that the construction authorized by the Stormwater Permit as issued by the County has been completed. CERTIFICATE OF OCCUPANCY The certificate from the County inspections department allowing the occupancy of a building. COMMON PLAN OF DEVELOPMENT A site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans. CONNECTION Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of the receiving stormwater conveyance. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 2 Unified Development Ordinance | New Hanover County, NC 7-3 DESIGN PROFESSIONAL The individual meeting North Carolina occupational licensing requirements who designs the proposed stormwater system. DETENTION The collection and storage of stormwater runoff with subsequent discharge to surface waters. DEVELOPED LAND Parcels altered from a natural state by construction or installation of impervious surfaces. For new construction, the County shall consider parcels developed upon the issuance of a Land Disturbing Permit or Building Permit or Stormwater Permit or Certificate of Occupancy Stormwater Permit pursuant to this article. DEVELOPER A person engaged in land, site or building development. DEVELOPMENT Any activity for which a building permit or a land disturbing permit is required, or where any land disturbing activity occurs, and that does not provide greater or equal stormwater control to that of the previous development. DRAINAGE NUISANCE The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater conveyances and includes Stormwater Control Measures and associated conveyances that are not performing as designed. DRAINAGE PLAN For development not requiring a stormwater permit, a plan showing existing drainage features, direction of stormwater runoff and details demonstrating how existing drainage patterns will be maintained. EXCAVATION Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated. EXISTING DEVELOPMENT Development that, prior to the effective date of this ordinance, has either been lawfully constructed or has established a vested right under North Carolina law to construct a proposed project or portion thereof. With regard to application of this ordinance, a vested right will be recognized as follows: A. For development that does not require a state permit, a vested right shall exist for any portion of a development that has an approved or a completed written or subdivision plat covering that portion. A “completed application” is one that meets all application requirements, including payment of all required fees and submission of all required information, prior to the effective date of this ordinance. A vested right shall expire if the validity of an approved or completed application or approval is not continuously maintained as otherwise required under this Article. B. For development that requires a state permit, vested rights shall be recognized if the project meets all the requirements of A) above, and additionally has received necessary state permits required for the use or for construction. FACILITY A structural stormwater management-based measure used singularly or in combination to reduce flow to receiving waters to achieve stormwater management goals, and shall include all land, Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 3 7-4 New Hanover County, NC | Unified Development Ordinance materials, and appurtenances used in construction and operation of the facility. Facilities may include, but are not necessarily limited to, constructed wetlands, infiltration systems, retention ponds, detention ponds, grassed swales, and ditches. (see also Best Management Practice and Stormwater Control Measure) FILL Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported. FLOODPLAIN Any area susceptible to being inundated by water from any source. All development activity governed by this article shall be evaluated for the flood conditions anticipated for the 100-year frequency storm. GRADING Any act causing disturbance of the earth. Grading shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of such activities. IMPERVIOUS Any material that impedes or prevents the natural filtration of water into the soil. IMPERVIOUS SURFACE Developed areas of land that prevent or significantly impede the infiltration of Stormwater into the soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of Stormwater into the soil. IMPERVIOUSNESS The degree to which a site is impervious. INFILTRATION The recharge of stormwater runoff into the subsurface soil. LAND DISTURBING ACTIVITY Any earth movement and land use changes which may result in soil erosion or the movement of sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading, excavating, stripping, filling and related activities, and the covering of land surfaces with any structure, impermeable, or partially-impermeable material. Mowing and bush hogging operations, which does not disturb the root mat, shall not be considered land-disturbing activity. NATURAL GROUND SURFACE The ground surface in its original state before any land disturbing activity. NATURAL STATE Existing undeveloped land where the soil and vegetation characteristics have not been substantially modified or disturbed by human activities and the hydrologic function is in an unaltered or natural condition. OFF-SITE FACILITY With respect to any particular property, a stormwater management facility serving the property but not located on the property. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 4 Unified Development Ordinance | New Hanover County, NC 7-5 ON-SITE FACILITY With respect to any particular property, a stormwater management facility serving such property and located on such property. OWNER The owner or owners of a site on which land disturbing activity is, will or has been done. PERMIT Any and all permits required by federal, state and local ordinances and regulations. PERMITTEE Any person to whom a permit is issued. PERSON Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County, state or federal agency, or any combination thereof. PHASED DEVELOPMENT The development of land by phasing over an extended period of time. POST-DEVELOPMENT STATE A site in its proposed condition following the completion of a development activity. PREDEVELOPMENT STATE A site in its natural state prior to any development activity. REDEVELOPMENT The substantial modification of an existing developed area. Redevelopment does not include projects limited strictly to interior remodeling. W hen additional development occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development RETENTION The collection and storage of stormwater runoff without subsequent discharge to surface waters. SEDIMENT CONTROL (LAND DISTURBANCE) PERMIT The sediment control permit issued by the County or the state authorizing land disturbing activities in accordance with applicable ordinances and regulations. SITE That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land upon which development is to be performed. STORM FREQUENCY The average recurrence interval, in years, between rainfall events which equal or exceed the given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur on the average, at least once in two years, and of a duration which will produce the peak rate of runoff for the watershed of interest). STORMWATER CONTROL MEASURE (SCM) A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from stormwater runoff. The term includes all measures formerly known as “best management practices” or “BMPs”. Such measures include but are not limited to stormwater detention facilities, constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems, vegetative Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 5 7-6 New Hanover County, NC | Unified Development Ordinance areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant drainage facilities. (see also Best Management Practice and Facility) STORMWATER CONVEYANCE Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry stormwater in a concentrated flow. It does not include stormwater control measures, best management practices, and stormwater facilities whose purpose is to manage the quantity or quality of stormwater. STORMWATER DESIGN MANUAL The current New Hanover County Stormwater Design Manual available from the Engineering Department. STORMWATER DISCHARGE Runoff of water resulting from precipitation in any form. STORMWATER MANAGEMENT Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls consist of vegetative, structural and other measures which control or treat pollutants carried by runoff. Quantitative controls consist of vegetative and structural measures which control the increased volume and rate of surface runoff caused by manmade changes to the land and have the effect of maintaining the predevelopment patterns of flood magnitude and frequency. STORMWATER MANAGEMENT PLAN A plan designed in accordance with the County stormwater design manual to minimize flooding, water quality impacts and erosion, prevent off-site sedimentation and manage stormwater runoff, submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared and designed in accordance with this article, all other County regulations, and applicable state and federal laws and regulations. STORMWATER SYSTEM All manmade structures or natural features within the County that serve to provide for conveyance of stormwater runoff water resulting from natural storm events. Components of the stormwater system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs, culverts, manholes, swales, inlet structures and infiltration fields. SUPPORTING DOCUMENTS Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation and maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S. Army Corps of Engineers, soils investigation data, and other such material as may be required by the County to review the application for Stormwater Permit for a project pursuant to this article. UNDEVELOPED LAND Land that does not meet the definition of developed land. WATERCOURSE AND DRAINAGEWAY Any natural or artificial feature, including, but not limited to: streams, rivers, creeks, ponds, lakes, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow of floodwater. WETLANDS (404 WETLANDS) Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 6 Unified Development Ordinance | New Hanover County, NC 7-7 Section 7.7. Policies A. County’s Role: The County has a role in the management of stormwater through authorization, planning, construction, operation, and maintenance of facilities to reduce the adverse effects of stormwater runoff and to satisfy state and federal statutes and regulations. It is the intent of the County for Stormwater Services to ensure proper conveyance of stormwater through provision of drainage maintenance for some portions of stormwater conveyances on private property in accordance with administrative policies. B. Property owner responsibility: Although the County Stormwater Services intends to provide drainage maintenance on private property, it shall remain the ultimate responsibility of individual property owners of developed or undeveloped land within the unincorporated areas of the County, to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and lakes within their property. Where conditions of existing stormwater facilities are determined to be deficient or a public nuisance, and the property owner fails to correct the deficiencies after being notified by the County, the County may arrange for the deficiencies to be corrected and recover all costs thereto from the property owner. However, the recovery of costs from property owners is subject to appeal as described in Section 7.17. C. Limitations of article: This article does not imply that properties within the unincorporated area shall always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all flood control and water treatment projects to control the quantity and quality of runoff can be cost-effectively constructed. Nothing in this article shall create additional duties on the part of the County or hold the County liable for any damages incurred in a flood or from adverse water quality due to stormwater runoff. Nothing in this article shall waive the County's immunity or defenses under state law or reduce the need or necessity for flood insurance. D. Consistency with county, state, federal rules and regulations: The requirements of this article shall be enacted, administered, and enforced consistently with the requirements of the County, state and federal government for controlling stormwater quality and quantity. If the requirements of this article are found to conflict with other rules and regulations of the County, the state, or the federal government, the more stringent or higher requirements shall govern unless limited by state or federal law. Section 7.8. Development Plans and Permits Stormwater Management Standards: All land within the unincorporated areas of the County to be developed shall have sufficient stormwater conveyances and control measures to ensure the protection of life, property, and natural resources from increased quantity of runoff. Development subject to this article shall, at a minimum, provide stormwater conveyances designed to properly convey stormwater runoff for post-development conditions during the 2- year, 10-year, and 25-year frequency storm events and shall provide adequate stormwater control measures to mitigate the increased runoff from the post-development conditions during the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving the development in post-development condition does not exceed the pre-development rates. A. Drainage Plan Requirement: Submittal and approval of a Drainage Plan is required for all development unless all of the following conditions are met. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 7 7-8 New Hanover County, NC | Unified Development Ordinance 1. The development does not result in additional built upon area; 2. The development does not include the importation of any fill material; 3. The development does not alter the capacity or pattern of any existing drainage conveyance systems or involve the piping of any open conveyance; and 4. The development provides greater or equal stormwater control to that of the previous development. It is the responsibility of an applicant to provide sufficient information in the Drainage Plan so the County or its agents may reasonably evaluate the characteristics of stormwater modifications, the potential and predicted impacts of the proposed activity on adjacent areas, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The applicant shall provide, as necessary, maps, tables, photographs, narrative descriptions and explanations to demonstrate compliance with the County's stormwater management standards. The Drainage Plan need not be prepared by a registered design professional. However, the County will consider plans and additional alternatives to meet the stormwater requirements if prepared by a registered design professional. An on-site meeting with the County Engineer or his/her designee is strongly encouraged prior to plan preparation. The Drainage Plan shall be submitted as part of the application for a building permit or land disturbing permit. B. Stormwater Permit Requirement: A Stormwater Permit and Stormwater Management Plan are required for any development activity that will result in the accumulation of 10,000 square feet or more of built upon area on any site or as part of a common plan of development. A one-time exemption may be granted for the addition of 3,000 square feet of built upon area when the existing built upon area exceeds 10,000 square feet or will exceed 10,000 square feet upon the addition of 3,000 square feet of new built upon area. • Required stormwater control measures shall be designed, constructed and maintained by the owner of the property in accordance with the provisions of this article. • The County Engineer may require submittal of a stormwater impact analysis and additional stormwater control measures for development at or upstream of documented flooding cases or where stormwater runoff from the site may cause adverse effects on other public or private properties. The stormwater impact analysis shall evaluate downstream conditions and make design recommendations for improvements to maintain adequate stormwater management per this article. Analysis must be conducted to the next downstream facility (i.e. NCDOT culvert or natural water body). Section 7.9. Plan Review A. The application and supporting documents shall be reviewed by the County or its agents. Upon satisfactory review of the application form and supporting documents whereby the County finds that the application and supporting documents are consistent with the requirements of the ordinance from which this article is derived, the County will issue a Stormwater Permit. If no action is taken by the County within the time limits Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 8 Unified Development Ordinance | New Hanover County, NC 7-9 specified in the design manual, the project will be deemed to have been approved and the County will take appropriate action. B. The review of the application and supporting documents by the County shall determine if the request submittal is complete and in accordance with the requirements of the ordinance from which this article is derived. Nothing in the review shall create additional duties on the part of the County that are the responsibilities of the owner and the design professional. Section 7.10. Operation and Maintenance The owner shall be responsible for the operation and maintenance of required permitted stormwater control facilities and conveyances serving those facilities. If repairs are needed to the stormwater facilities and associated conveyances, the owners of record, as ascertained from the County tax record or other public documents that the County personnel may choose to examine, shall be responsible for making the repairs. Section 7.11. Transfer of Ownership A. Transfer of ownership authorization for stormwater control facilities falling within common areas of a development: Ownership of stormwater control facilities falling within the common areas of a development shall not be transferred without the written authorization of the County. The application form to transfer ownership may be obtained from County Engineering. The application fee for requesting authorization to change ownership shall be based on a fee schedule approved by the County Board of Commissioners. B. Transfer of ownership of stormwater control facilities not falling within common areas of a development: Ownership of stormwater control facilities, including, but not limited to grassed swales, ditches and water-carrying devices, that fall within the deeded areas of an individual parcel or home site, shall not be transferred with the passing of a general warranty deed without the written authorization of the County. The deed restrictions are to state that the owner will continue to operate and maintain the facilities in accordance with the conditions, obligations and duties of the Stormwater Permit and the ordinance from which this article is derived. Acceptance of the general warranty deed shall be a certification that the proposed owner(s) will continue to operate and maintain the stormwater control facilities in accordance with the conditions, obligations and duties of the Stormwater Permit and the ordinance from which this article is derived. Section 7.12. Variance Requests A design variance from the requirement to provide management of post-development runoff of this article must be requested in advance in writing. A final permit will be issued to the applicant subject to verification and certification by the County Engineer that the final design meets the requirements identified in the original written variance request. All other provisions of the article remain applicable to development within the unincorporated areas. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 9 7-10 New Hanover County, NC | Unified Development Ordinance Section 7.13. Right of Entry A. The County shall have right-of-entry on or upon the property of any person subject to this article and any construction authorization issued under this article. The County shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this article. B. Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the County will be permitted to enter without delay for the purposes of performing specific responsibilities. C. The County shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations as it applies to this article. D. Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the County. The costs of clearing such access shall be borne by the person. E. The County may inspect the facilities of any user to ensure compliance with this article. Such inspection shall be made with the consent of the owner, manager or signatory official. The County may seek issuance of an administrative search warrant if such consent is refused. Section 7.14. Violations Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article and by state law. A. Development without permit: to engage in any development or redevelopment, subject to the jurisdiction of this article without all required certificates or other forms of authorization as set forth in this article. B. Development inconsistent with permit: to engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with any approved required certificate or other form of authorization granted for such activity. C. Violation by act or omission: to violate, by act or omission, any term, variance, modification, condition or qualification placed by the County or its agent boards upon any required permit, certificate or other form of authorization of the use, development or other activity upon land or improvements on the land. D. Use in violation: to erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure, or to use any land in violation or contravention of this article or any other regulation made under the authority conferred by this article. E. Continuation: to continue any of the violations listed in subsections (A) through (D) of Section 7.14 is a separate and distinct offense for each day. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 10 Unified Development Ordinance | New Hanover County, NC 7-11 Section 7.15. Public Nuisances A. Drainage Nuisances: The following conditions shall constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the County and shall be public nuisances wherever such conditions may exist. The creation, maintenance or failure to abate any nuisance is hereby declared unlawful. 1. Any condition which blocks, hinders or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches or drains to the extent that any impacted property is not free from standing water. 2. Any conditions whereas earth, sediment, or other natural or man-made material is placed, washes or erodes onto a natural or manmade swale, ditch, pipe, channel or water body, either on or off-site, so as to block, hinder, impair or obstruct positive water flow, in the reasonable discretion of the County Engineer. 3. Flooding caused by improper or inadequate drainage from private property which interferes with the use of, or endangers in any way the streets, sidewalks, parks or other county owned property of any kind provided that such determination shall be made by the County Engineer. 4. Any collection of stagnant water for which no adequate drainage is provided and which is, or is likely to become, a nuisance. 5. Any stormwater retention or impoundment device determined to be operating improperly by the County Engineer or his designee. B. Notice to abate; emergency abatement by County: If any person shall violate the provisions of this article, it shall be the duty of the County to give notice to the owner or to any person in possession of the subject property, directing that all unlawful conditions existing upon the property be abated within ten days from the date of such notice or within ten days from the date of a final decision if appealed to the County Manager or designee. If the County determines that the unlawful condition poses an imminent danger or peril to the public, then an authorized representative of the County may, without notice, proceed to abate the unlawful condition. The cost thereof shall be charged against the property as a lien collectible in the same manner as ad valorem taxes. C. Abatement by County where owner fails to abate: Upon the failure of the owner or person in possession of any premises to abate within ten days any unlawful condition existing on the premises, it shall be the duty of an authorized representative of the County to cause the removal and abatement of such unlawful condition. Section 7.16. Enforcement Any or all of the following procedures may be used to enforce the provisions of this article. A. Injunction. Any violation of this article or of any condition, order, requirement or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated or enjoined by other appropriate proceeding pursuant to state law. B. Civil penalties. Any person who violates any provisions of this article shall be subject to the assessment of a civil penalty. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 11 7-12 New Hanover County, NC | Unified Development Ordinance C. Denial of permit. The County shall withhold or deny any permit, certificate or other authorization on any land, building, structure or use in which there is an uncorrected violation of a provision of this article, or of a condition or qualification of a previously granted permit, certificate or other authorization. D. Conditional permit or temporary certificate. The County may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority. E. Revocation of permit. The County may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. F. Criminal penalties. Any violation of this article shall be a misdemeanor or infraction as provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed $500.00. G. Judicial enforcement. When any person is in violation of the provisions of this article, the County, through the County attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. Section 7.17. Appeals A. Any Person subject to an administrative decision or enforcement under this article may appeal such decisions or enforcement actions to the County Engineer. B. Any person assessed a civil penalty or ordered to abate a nuisance under this article shall have the right to a hearing before the County Manager or the Manager's designee upon making a written demand to the County Manager specifying the issues to be contested, within 14 days following receipt of the assessment or abatement notice. C. Unless such written demand is made within the time specified in subsection (a) of this section, the action shall be final and binding. D. The County Manager or the Manager's designee shall make a final decision on the contested penalty or abatement notice within 30 days of the receipt of the written demand for a hearing. E. The County Manager or the Manager's designee shall transmit a copy of the decision by registered or certified mail. F. The decision of the County Manager or the Manager's designee shall be considered the final administrative action for the purposes of judicial review. However, a person assessed a penalty or ordered to abate a nuisance may petition the board of County commissioners requesting review of the County Manager's final decision. The petition must be presented to the clerk of the board within five days following receipt of the County Manager's final decision. Any review by the board shall be solely at its discretion. Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 12 Unified Development Ordinance | New Hanover County, NC 7-13 Section 7.18. Judicial Review Any person may seek judicial review of a final administrative decision by the County Manager or the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of notice by registered or certified mail, but not thereafter, with the superior court of the County and with a copy to the County Manager. Section 7.19. Severability If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Section 7.20. Effective Date Section 7.21. Reserved Board of Commissioners - June 7, 2021 ITEM: 16- 1 - 13 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): B rad Schuler, Senior Planner C O N TA C T (S ): B rad Schuler; Rebekah Roth, P lanning and L and U se D irector S U B J EC T: P ublic Hearing Rezoning Request (Z 21-06) - Request by Design S olu3 ons on B ehalf of the P roperty Owner, T F Holdings, L imited Partnership, to Rezone A pproximately 7.59 A cres of L and L oc ated at 3001 B lue C lay Road from R-20, Residen3al- 20 District, to (C Z D) R-5, C ondi3onal Residen3al M oderate-High Density District, in Order to C onstruc t a 50-U nit Townhome Development B R I E F S U M M A RY: T he applicant is seeking to rezone approximately 7.59 acres o f land located at 3001 B lue C lay Road from R -20 to (C Z D ) R -5 in o rder to co nstruct a 50-unit townho me develo pment. U nder the current zoning, a perf o rmanc e residen1al develo pment would be permi2ed up to 14 dwelling units o n the site at a density of 1.9 du/ac. T he proposed 50 units equa te to a n overall density of 6.6 du/ac. I n addi1on to accessing B lue C lay Ro ad, the pro posed streets within the development would co nnect to the R achel’s Place subdivision to the no rth and Holla nd D rive to the west. T he interc o nnected street netwo rk o f the adjacent neighborho o ds allows access to C astle Hayne Roa d from the subject site. As c urrently zo ned, the subject site would be permi2ed up to 14 dwelling units. A development of this sca le wo uld generate abo ut 15 trips during the peak hours. T he pro posed development would increase the es1mated number o f peak hour trips by abo ut 10-15 trips. T he es1ma ted traffic generated from the site is under the 100 peak hour threshold that triggers the o rdinance requirement f o r a Traffi c I mpa ct Analysis. B ased on a generalized histo ric genera1on rate, sta ff would es1mate that the increase in homes would result in appro ximately 11 students, 8 addi1o nal students than would be genera ted under the current zo ning. B ased on the small number o f students likely to be genera ted by this proposal, exis1ng scho o l capacity, and planned f acility upgrades district-wide, the pro posed rezoning will likely ha ve an insignifi c ant impact o n the local public schools. Please ref er to the Schools sec1o n included in this report for addi1onal inf o rma1on o n school enrollment and capacity. T he proposal would suppo rt the county's goal of encouraging complete c o mmuni1es by increasing housing diversity and access to basic goods and services. T he property is located o n a minor arterial road with available capac ity and abuts industrial zo ning to the so uth and east (N . Kerr I ndustrial Park). I n addi1on, recent rezonings have increased the density along the B lue C lay co rridor in recent years. T he 2016 C o mprehensive Plan cla ssifi es the site as C ommunity Mixed U se. O verall, the propo sal is generally C O N S I S T E N T with the plan bec ause the pro posed density is in line with the recommended ranges o utlined Board of Commissioners - June 7, 2021 ITEM: 17 for C ommunity Mixed U se areas, the pro ject will pro vide a transi1on between a ma jo r ro ad corrido r with industrial develo pment and exis1ng lower density ho using, and because the pro posal will increase the range o f ho using types in the area. T he Planning B oa rd co nsidered this applica1on a t their May 6, 2021 mee1ng. At the mee1ng, fi ve residents spo ke in opposi1o n to the request, ci1ng co ncerns over drainage and traffic circula1o n. T he Planning B oard recommended appro val of the applica1on (6-0). T he Planning B oard found the applica1on to be C O N S I S T E N T with the purposes and intent of the C o mprehensive P lan because the pro posed density is in line with those reco mmended f o r the C o mmunity Mixed U se Place type, and the pro ject will provide an appro priate transi1o n between a major road corrido r with industrial development and exis1ng low density housing. T he Pla nning B oard also found A P P R OVA L of the rezoning request is reaso nable and in the public interest because the pro posal supports the C ounty ’s goa ls of pro viding f o r a range o f housing types and o ppo rtuni1es f o r ho useho lds o f diff erent sizes and income levels. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment Encourage development of complete communi1 es in the unincorpor ated county Ens ure N H C has appropriate hous ing to s uppor t bus ines s growth R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Staff co ncurs with the Planning B oard's recommenda1on and suggests the f o llo wing mo 1o n: I mo ve to A P P R OV E the propo sed rezoning to a C o ndi1o na l R -5 district. I fi nd it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Pla n beca use the proposed density is in line with tho se recommended f o r the C ommunity Mixed U se P lace type, and the pro ject will pro vide an appropriate transi1on between a major ro ad corrido r with industrial development and exis1ng lo w density ho using. I also fi nd A P P R OVA L o f the rezo ning request is reaso nable a nd in the public interest because the propo sa l suppo rts the co unty ’s go als of pro viding for a ra nge o f ho using types and opportuni1es for households of different sizes and inco me levels. [O p3onal] N ote any co ndi1ons to be added to the distric t. A lterna3 ve M o3on for Denial I move to D E N Y the pro posed rezoning to a C ondi1onal R -5 district. W hile I find it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Pla n beca use the proposed density is in line with tho se recommended f o r the C ommunity Mixed U se P lace type, and the pro ject will pro vide an appropriate transi1on between a major ro ad corrido r with industrial development and exis1ng low density ho using, I fi nd D E N I A L o f the rezo ning request is reaso nable and in the public interest bec ause the proposal is not c o nsistent with the desired character o f the surrounding community and the density will adversely impact the a djacent neighbo rhoods. AT TA C H M E N T S : Descrip1on Board of Commissioners - June 7, 2021 ITEM: 17 Z21-06 Script BOC Z21-06 Staff Report BOC Z21-06 Zoning Map Z21-06 Future Land Use Map Z21-06 Neighboring Properties Applicant Materials CS Z21-06 Application Package Proposed Site Plan CS Z21-06 Proposed Concept Plan C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval as presented by staff. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - June 7, 2021 ITEM: 17 SCRIPT for Zoning Map Amendment Application (Z21-06) Request by Design Solutions on behalf of the property owner, TF Holdings, Limited Partnership, to rezone approximately 7.59 acres of land located at 3001 Blue Clay Road from R-20, Residential-20 District, to (CZD) R-5, Conditional Residential Moderate-High Density District, in order to construct a 50-unit townhome development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a Conditional R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with those recommended for the Community Mixed Use Place type, and the project will provide an appropriate transition between a major road corridor with industrial development and existing low density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County’s goals of providing for a range of housing types and opportunities for households of different sizes and income levels. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a Conditional R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with those recommended for the Community Mixed Use Place type, and the project will provide an appropriate transition between a major road corridor with industrial development and existing low density housing, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - June 7, 2021 ITEM: 17- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Board of Commissioners - June 7, 2021 ITEM: 17- 1 - 2 Z21-06 Staff Report BOC 6.7.2021 Page 1 of 14 STAFF REPORT FOR Z21-06 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z21-06 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions TF Holdings, Limited Partnership Location: Acreage: 3001 Blue Clay Road 7.59 PID(s): Comp Plan Place Type: R03312-003-034-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Performance Residential Development Current Zoning: Proposed Zoning: R-20 (CZD) R-5 SURROUNDING AREA LAND USE ZONING North Single-Family Residential (CZD) R-10 East N. Kerr Industrial Park I-2 South Industrial I-2 West Single-Family Residential R-20 Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 1 Z21-06 Staff Report BOC 6.7.2021 Page 2 of 14 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA via mainline extension Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and Laney High Schools Recreation Blue Clay Bike Park, Northern Regional Park at Castle Hayne, Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 2 Z21-06 Staff Report BOC 6.7.2021 Page 3 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a 50-unit townhome development. • The units will be located within 14 buildings containing three to four units each. The R-5 district permits the buildings to be a maximum of 40 feet tall. • In addition to accessing Blue Clay Road, the proposed streets within the development would connect to the Rachel’s Place subdivision to the north and Holland Drive to the west. • The proposal would include about 1.8 acres acres of open space, which exceeds the County’s requirement of providing 20% open space. ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to provide lands that accommodate very low density housing and recreational uses in order to preserve the quiet residential nature of the areas included in the district. However, recent rezonings of nearby property have allowed increased density in the surrounding area along Blue Clay Road. • The Rachel’s Place subdivision, located directly north of the site, was rezoned to a conditional R-10 district in 2016. In addition, The Covenant senior housing project, located north of Rachel’s Place, was also rezoned to a conditional R-10 district and received a special use permit to exceed the maximum density of the district (3.3 du/ac) with an allowed density of 7.9 du/ac. • Under the County’s performance residential standards, the site would be permitted up to 14 dwelling units at a density of 1.9 du/ac. The proposed 50 units equate to an overall density of 6.6 du/ac. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 3 Z21-06 Staff Report BOC 6.7.2021 Page 4 of 14 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 4 Z21-06 Staff Report BOC 6.7.2021 Page 5 of 14 TRANSPORTATION • Access is proposed to be provided to the subject property from Blue Clay Road, an NCDOT- maintained minor arterial street, and Holland Drive/Long Leaf Drive, NCDOT-maintained local streets. In addition, the interconnected street network of the adjacent neighborhoods allows access to Castle Hayne Road from Holland Drive and Long Leaf Drive/Sheridan Drive. • The proposed developed will also connect to an existing road stub within the Rachel’s Place subdivision. • As currently zoned, it is estimated the site would generate about 15 trips during the peak hours if developed at the permitted density. The proposed development would increase the estimated number of peak hour trips by about 10-15 trips during the peak hours. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 5 Z21-06 Staff Report BOC 6.7.2021 Page 6 of 14 • Because a TIA is not required to analyze transportation impacts, Staff has provided the volume to capacity ratio for the adjacent roadways near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Blue Clay Road North of N. Kerr Ave 6,100 10,978 0.56 N. Kerr Ave Castle Hayne Road to Blue Clay Road 9,500 18,000 0.52 Castle Hayne Road North of N. Kerr Ave 17,000 16,803 1.01 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 14 Single-Family Dwellings 15 AM / 15 PM Proposed Development: 50 Townhomes 25 AM / 32 PM Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 6 Z21-06 Staff Report BOC 6.7.2021 Page 7 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road from I-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The project is currently scheduled to begin construction after 2029. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 7 Z21-06 Staff Report BOC 6.7.2021 Page 8 of 14 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Wrightsboro Commons • 226 Multi-Family Units • TIA approved November 28, 2018 • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • Riverside Development Status: Project is currently being reviewed by the Technical Review Committee Proposed Development Land Use/Intensity TIA Status 2. Riverside • 165 Single-Family Dwellings • 72 Multi-Family Units • TIA approved August 13, 2015 • 2019 Build Out Year (no update required per NCDOT) The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an eastbound right turn lane on Riverside Drive at Castle Hayne Road. Nearby Proposed Developments included within the TIA: • River Bluffs • Trasco Distribution Center Development Status: Currently under construction. The required roadway improvement has not been installed at this time. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) soils. However, the site is expected to be served by CFPUA when developed. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 8 Z21-06 Staff Report BOC 6.7.2021 Page 9 of 14 OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and Laney High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 14 dwelling units would be permitted under the current R-20 zoning base density, and a maximum of 50 units could be developed under the proposed rezoning, resulting in an increase of 36 dwelling units. • Based on the current general student generation rate*, the increase in homes would result in approximately 8 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate)* Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current R-20 Zoning 14 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed (CZD) R-5 Zoning 50 residential units Approximate** Total: 11 (5 elementary, 3 middle, 4 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Given the size of the proposed development, it may have a build-out date within 5 years, so staff has outlined existing school capacity to provide a general estimate of the potential impact on public schools. These numbers do not reflect any future capacity upgrades that may occur over the next five years or trends in student population changes. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 9 Z21-06 Staff Report BOC 6.7.2021 Page 10 of 14 School Enrollment* and Capacity** (2021-2022 School Year) Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Wrightsboro 494 564 88% None Middle 108% Holly Shelter 965 934 103% None High 100% Laney 2125 2013 106% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The recent facility needs survey that has been prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next five years if facility upgrades are funded. • Based on the small number of students likely to be generated by this proposal, existing school capacity, and planned facility upgrades district-wide, the proposed rezoning will likely have an insignificant impact on the local public schools. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-5 CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 88%. Under the proposed R-5 district the site would allow for single family attached (townhomes) and increase housing type diversity by reducing the percentage of single family detached (88% to 87%) and increasing the percentage of single family attached residences (1% to 3%). Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 10 Z21-06 Staff Report BOC 6.7.2021 Page 11 of 14 • The subject property is located in the Wrightsboro community area, where 39% of residents currently live within one-mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care, etc.), and a community facility (public park, school, museum etc.). The proposed R -5 district would increase the number of residences within one-mile of goods and services (39% to 40%). REPRESENTATIVE DEVELOPMENTS Representative Developments of R-20: Holland Drive Long Leaf Drive Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 11 Z21-06 Staff Report BOC 6.7.2021 Page 12 of 14 Representative Developments of R-5: Marsh Oaks Plantation Village Context and Compatibility • The property is located on a minor arterial street with available capacity. • The property abuts industrial zoning to the south, and the N. Kerr Industrial Park is located across Blue Clay Road to the east. • Recent rezonings have increased density of nearby properties along Blue Clay Road. • The development is designed to provide interconnectivity with the existing neighborhoods. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 12 Z21-06 Staff Report BOC 6.7.2021 Page 13 of 14 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The Comprehensive Plan classifies the property along the surrounding area’s major road corridors (Blue Clay Road, Castle Hayne Road, and N. Kerr Ave) as Community Mixed Use. It is the intent of the plan to allow moderate to high densities along these corridors while also providing a transition between the existing lower density housing and the higher intensity employment centers (N. Kerr Industrial Park, Airport Commerce areas). The subject site is specifically located adjacent to the N. Kerr Industrial Park and industrial zoning. The proposed townhomes will help provide a transition from these higher intensity areas to the existing single-family neighborhoods located west of the site. The proposal is also in line with the preferred density range for the Community Mixed Use place type and supports the Comprehensive Plan’s goal to provide for a range of housing types. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 13 Z21-06 Staff Report BOC 6.7.2021 Page 14 of 14 Consistency Recommendation The proposed rezoning for a townhome development is generally CONSISTENT with the Comprehensive Plan because the proposed density is in line with the recommended ranges outlined for Community Mixed Use areas, the project will provide a transition between a major road corridor with industrial development and existing lower density housing, and because the proposal will increase the range of housing types in the area. PLANNING BOARD RECOMMENDATION The Planning Board considered this application at their May 6, 2021 meeting. At the meeting, five residents spoke in opposition to the request, citing concerns over drainage and traffic circulation. The Planning Board recommended approval of the application (6-0). • The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with those recommended for the Community Mixed Use Place type, and the project will provide an appropriate transition between a major road corridor with industrial development and existing low density housing. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County’s goals of providing for a range of housing types and opportunities for households of different sizes and income levels. STAFF RECOMMENDATION Staff concurs with the Planning Board’s recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a Conditional R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with those recommended for the Community Mixed Use Place type, and the project will provide an appropriate transition between a major road corridor with industrial development and existing low density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County’s goals of providing for a range of housing types and opportunities for households of different sizes and income levels. [Optional] Note any conditions to be added to the district. Alternative Motion for Denial I move to DENY the proposed rezoning to a Conditional R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with those recommended for the Community Mixed Use Place type, and the project will provide an appropriate transition between a major road corridor with industrial development and existing low density housing, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - June 7, 2021 ITEM: 17- 2 - 14 B l u e B o n n e t C ir H o l l a n d D r Blu e C l a y R d K e r r A v Primrose Ln Modawg Ln B i g F i e l d Dr Bo u n d a r y S t T e d d y R d Orville Wright Way Mutual Rd K i t t y HawkRd Long Leaf Dr L a u r e l Dr Pennington Dr I-2 R-20 CZD R-10 AC R-15 AR New Hanover County, NC SHODIncorporated Areas Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD R-5/ Townhomes R-20/Undeveloped3000 block Blue Clay Rd Z21-06 Case:Site Address:Existing Zoning/Use:Proposed Zoning 700 Feet Subject Site Board of Commissioners - June 7, 2021 ITEM: 17- 3 - 1 B l u e B o n n e t Cir H o l l a n d D r Blu e C l a y R d K e r r A v Primrose Ln Modawg Ln B i g F i e l d Dr Bo u n d a r y S t T e d d y R d Orville Wright Way Mutual Rd Kitty Hawk Rd Long Leaf Dr Laurel Dr Pennington Dr Community Mixed Use General Residential Employment Center New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types CZD R-5/ Townhomes R-20/Undeveloped3000 block Blue Clay Rd Z21-06 Case:Site Address:Existing Zoning/Use:Proposed Zoning 700 Feet Subject Site Board of Commissioners - June 7, 2021 ITEM: 17- 4 - 1 Blu e B o n n e t C i r Teresa Dr H o l l a n d D r Blu e C l a y R d K e r r A v Primrose Ln Modawg Ln B i g F i e l d Dr Bo u n d a r y S t T e d d y R d Orville Wright Way Mutual Rd Kitty Hawk Rd Long Leaf Dr Laurel Dr Pennington Dr 2921 3120 2929 2907 3015 147 82 98 99 212210 150 149 216 151 89 76 80 3014 2915 87 85 95 93 154 96 220 3001 207 92 94 97 81 3011 79 83 3079 3013 1316 1320 1324 1328 1332 1336 1340 1344 1348 2012 20162011 2015 2213 2217 2221 2225 2229 2233 2237 2241 2245 2249 2253 2257 2261 2232 2236 2240 2244 2248 2252 2256 3005 3004 2265 2007 91 91 91 BLUECLAYRD K E R R A V E I-2R-20 AR PD AC Site Neighboring Parcels CZD R-5/ Townhomes R-20/Undeveloped3000 block Blue Clay Rd Z21-06 Case:Site Address:Existing Zoning/Use:Proposed Zoning 700 Feet Subject Site Board of Commissioners - June 7, 2021 ITEM: 17- 5 - 1 APPLICANT MATERIALS Board of Commissioners - June 7, 2021 ITEM: 17- 6 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 12-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Wilmington, NC 28403 6336 Oleander Drive, Suite 1 910-264-8518 (Contact: Brett Bostic) brettbostic@yahoo.com TF Holdings, Limited Partnership Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 1 Page 2 of 6 Conditional Zoning District Application – Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 3001 Blue Clay Road R-20 Community Mixed-Use 7.59 ac+/- 8.55 ac+/- 312908.99.2530 / R03312-003-034-000 CZD / R-5 The proposed project is to develop fifty (50) townhome-style residences in combinations of three (3)or four (4) units per building. They will be constructed for individual ownership and serviced by publicwater & sanitary sewer mains. The 0.96-acre portion of the existing tract will be subdivided off from this proposed development and deeded access by a private easement from Holland Drive. It will remain zoned R-20. The existing platted, but unimproved, Long Leaf Drive right-of-way, as recorded on the WrightsboroAcres - Section 5 subdivision (Map Book 7, at Page 1), will be extended from its present terminus atHolland Drive through the project to intersect Blue Clay Road. This will provide more efficient inter-connectivity within the neighborhoods. Another stubbed right-of-way from Rachel's Place - Phase 1subdivision (Map Book 63, at Page 82) will also be extended. Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 2 Page 3 of 6 Conditional Zoning District Application – Updated 12-2020 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Residential Townhouse (230) per Dwelling Unit @ 50 22 26 The policies for growth and development encourage safe and affordable housing to beavailable to every citizen. Sustainability of the County depends on sensible in-fill andmaximizing use of lands already accessible to urban services. The proposed developmentwill provide for an alternative housing product in the area. Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 3 Page 4 of 6 Conditional Zoning District Application – Updated 12-2020 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The tract is identified in teh Comprehansive Land Use Plan as a "Community Mixed-Use" place-type.The plan suggests higher densities. The proposed project is an acceptable transition use along the busier Blue Clay Road, and between the single-family residential neighborhoods and the industrialuses to the East & South. The typical large-lot homes of the past were necessary due to the need for adequate land to supportwells and septic systems. Now public utilities are available. A denser housing product makes infill possible with better affordability. Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 4 Page 5 of 6 Conditional Zoning District Application – Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed  Application fee:  $600 for 5 acres or less  $700 for more than 5 acres  $300 in addition to base fee for applications requiring TRC review  Community meeting written summary  Traffic impact analysis (if applicable)  Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning  Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads  Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used.  Proposed transportation and parking improvements; including proposed rights-of-way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas.  All existing and proposed easements, required setbacks, rights-of-way, and buffers.  The location of Special Flood Hazard Areas.  A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included.  Approximate location and type of stormwater management facilities intended to serve the site.  Approximate location of regulated wetlands.  Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance  One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan.  One (1) digital PDF copy of ALL documents AND plans CW CW CW CW CW CW CW N/A Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 5 7. Acknowledgement ond Signolures By my signolure below, I understond ond occepl oll of the conditions, limitations, ond obligotions of the Conditionol Zoning District zoning for which I om opplying. lunderstond thol lhe existing Officiol Zoning Mop is presumed to be corred. I certify thqt fiis qpplicotion is complele ond ihot oll informotion presented in ftis opplicotion is occurote to the best of my knowledge, informotion, ond belief, lf opplicoble, I olso oppoint the opplicont/ogent os listed on this opplicotion to represent me qnd moke decisions on my beholf regording lhis opplicotion during the review process. The oppliconi/ogent is hereby outhorized on my beholf to: 'l- Submit on opplicolion including oll required supplementol informotion ond moteriols; 2. Appeor of public heorings to gi\/e representotion ond commenls; ond 3. Act on my beholf without limitofions wilh regord lo ony ond qll things direclly or ihdireclly connected with or qrising out of this opplicotion. Signolure of Applicont/Agenl D. Webster Trask for TF Holdings Ltd. Partnership Print Nome(s) Cynthia Wolf / Design Solutions Prinl Nome Note: This form musl be signed by the owner{s) of record. lf there qre multiple properly owners, o signqfure is required for eqch owner of record. lf on oppliconl requesls deloy of considerotion from lhe Plonniag Boord or Eoord ol Counly Commissioners before nolice hos been senl lo lhe newspoper, the item will be colendored lor lhe next meeling ond no {ee will be required. lf deloy is reguested ofler nolice hos been senl lo lhe newspoper, the Boord will oct on lhe request ot lhe scheduled meeling ond ore onder no obligolion lo gronl lhe conlinuonce, lf the conlinuonce is groated, o fee in occordonce wilh the odopled fee schedule os published on the New Honover Counly Plonning websile will be required. Poge 6 of 6 Conditionol Zoning Disrrict Applicotion - Updoted I 2-2020 Cgwtl,Li^a, Wo{t Signolure of Propedy Owner(s) Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 6 Legal Description for  Rezoning    Being an 8.55‐acre tract for which a map of survey is recorded among the Land Records of the  New Hanover County Registry in Map Book 39, at Page 243; and being further described as     Beginning at a point in the western boundary of Blue Clay Road (NC S.R. 1318), a sixty‐foot (60’)  public right‐of‐way; and running thence:    South 85053’52” West, 726.45 feet to a point; thence  North 04057’49” West, 271.75 feet to a point; thence  North 03053’53” West, 60.01 feet to a point; thence  North 09004’49” West, 227.50 feet to a point; thence  North 80055’11” East, 87.85 feet to a point; thence  South 69015’00” East, 873.66 feet to a point in the western boundary of Blue Clay Road; thence   with that right‐of‐way,  Along a curve to the right, having a Radius of 3970.00 feet and Length of 208.74 feet, a Chord of   South 28056’05” West, 208.72 feet to a point; thence  South 30026’27” West, 28.94 feet to the point and place of beginning, containing 7.59 acres   more or less.    Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 7 Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 8 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Blue Clay Townes / 3001 Blue Clay Road Proposed Zoning: R-20 to (CZD) R-5 for a 50-unit Townhome Community The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on March 12, 2021 . The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls or emails. Topics covered: Positive comments were made concerning the extension of Long Leaf Drive from Holland Drive to Blue Clay Road. Questions were asked, and answered, concerning the height of the proposed units and how visual buffering would be provided. Date: March 30, 2021 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 9 Community Information  3001 Blue Clay Road NameAddressEmail (Optional) Dorothy Blackwell97 Holland Dr dblackwell1011@gmail.com Shelby Coelho2244 Blue Bonnet Circle shelby.arenahealth@gmail.com Robert Russ87 Holland Dr Tel. 910‐763‐8734 Craig Herman1320 Teddy Rd craigherman100@gmail.com Cindee WolfProject Planner cwolf@lobodemar.biz Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 10 Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 11 Bo a r d o f C o m m i s s i o n e r s - J u n e 7 , 2 0 2 1 IT E M : 1 7 - 7 - 1 2 PROPERTY OWNEERS WITHIN 500': OWNERADDRESSCITY STATE ZIPSITUS ADDRESS BARNETTE CASEY J JESSICA M3004 PRIMROSE LN CASTLE HAYNE, NC 284293004 PRIMROSE LN  CASTLE HAYNE BARROW ELIZABETH ETAL82 HOLLAND DR CASTLE HAYNE, NC 2842982 HOLLAND DR  CASTLE HAYNE BARRY LIZA A2213 BLUE BONNET CIR CASTLE HAYNE, NC 284292213 BLUE BONNET CIR  CASTLE HAYNE BASS MARY JEANETTE P109 HINTON AVE STE 15WILMINGTON, NC 28403210 LAUREL DR  WILMINGTON BIRGEL SAMUEL A1222 BIG FIELD DR CASTLE HAYNE, NC 284291222 BIG FIELD DR  CASTLE HAYNE BLACKWELL STEVEN DOROTHY97 HOLLAND DR WILMINGTON, NC 2840197 HOLLAND DR  WILMINGTON BONNER NICOLLE2016 BLUE BONNET CIR CASTLE HAYNE, NC 284292016 BLUE BONNET CIR  CASTLE HAYNE BOOTH THOMAS E NANCY C3005 PRIMROSE LN CASTLE HAYNE, NC 284293005 PRIMROSE LN  CASTLE HAYNE BOSTIC BUILDING CORP6622 GORDON RD STE AWILMINGTON, NC 2841181 HOLLAND DR  CASTLE HAYNE BOSTIC BUILDING CORP6622 GORDON RD SUITEWILMINGTON, NC 2841183 HOLLAND DR  CASTLE HAYNE BOTHWELL ERIC S NATASHA2012 BLUE BONNET CIR CASTLE HAYNE, NC 284292012 BLUE BONNET CIR  CASTLE HAYNE CANNON RUTH M95 HOLLAND DR WILMINGTON, NC 2840195 HOLLAND DR  WILMINGTON COBLE MCFAYDEN INVESTMENTS LLCPO BOX 1092BURGAW, NC 2842591 HOLLAND DR  WILMINGTON COCCA ERIC SANDRA74 HOLLAND DR CASTLE HAYNE, NC 2842974 HOLLAND DR  CASTLE HAYNE COELHO LUCAS P SHELBY E2244 BLUE BONNET CIR CASTLE HAYNE, NC 284292244 BLUE BONNET CIR  CASTLE HAYNE COFFEY BRADFORD1336 TEDDY RD CASTLE HAYNE, NC 284291336 TEDDY RD  CASTLE HAYNE COLLINS ROBERT MARIE A99 HOLLAND DR WILMINGTON, NC 2840199 HOLLAND DR  WILMINGTON COLVIN MARY K216 LAUREL DR WILMINGTON, NC 28401216 LAUREL DR  WILMINGTON COX GARRETT ETAL1344 TEDDY RD CASTLE HAYNE, NC 284291344 TEDDY RD  CASTLE HAYNE DACUNTI LUIS JJASMIN2241 BLUE BONNET CIR CASTLE HAYNE, NC 284292241 BLUE BONNET CIR  CASTLE HAYNE DAMATTA LIZNETH M89 HOLLAND DR CASTLE HAYNE, NC 2842989 HOLLAND DR  CASTLE HAYNE DOLCE MARY R FRANK A III2209 BLUE BONNET CIR CASTLE HAYNE, NC 284292209 BLUE BONNET CIR  CASTLE HAYNE DORAN BRIAN D DONNA ETAL1312 TEDDY RD CASTLE HAYNE, NC 284291312 TEDDY RD  CASTLE HAYNE DUNCAN ROBERT B JR CYNTHIA150 LONG LEAF DR WILMINGTON, NC 28401150 LONG LEAF DR  WILMINGTON EGERER JAMES P SILVIA2265 BLUE BONNET CIR CASTLE HAYNE, NC 284292265 BLUE BONNET CIR  CASTLE HAYNE FOWLER KENDALL ETAL1332 TEDDY RD CASTLE HAYNE, NC 284291332 TEDDY RD  CASTLE HAYNE GANDIA DARIO JR HEILYN2237 BLUE BONNET CIR CASTLE HAYNE, NC 284292237 BLUE BONNET CIR  CASTLE HAYNE GOODE JOSHUA KINSEY2261 BLUE BONNET CIR CASTLE HAYNE, NC 284292261 BLUE BONNET CIR  CASTLE HAYNE GRAHAM ELEANOR J72 HOLLAND DR CASTLE HAYNE, NC 2842970 HOLLAND DR  CASTLE HAYNE GRAHAM ELEANOR J72 HOLLAND DR CASTLE HAYNE, NC 2842972 HOLLAND DR  CASTLE HAYNE GRAHAM KIMBERLY D B1348 TEDDY RD CASTLE HAYNE, NC 284291348 TEDDY RD  CASTLE HAYNE HALEY JUDD1311 TEDDY RD CASTLE HAYNE, NC 284291311 TEDDY RD  CASTLE HAYNE HARRELL COURTNEY2240 BLUE BONNET CIR CASTLE HAYNE, NC 284292240 BLUE BONNET CIR  CASTLE HAYNE HECKEL BRENT MARISSA2245 BLUE BONNET CIR CASTLE HAYNE, NC 284292245 BLUE BONNET CIR  CASTLE HAYNE HOLLAND WILLIAM H KATHLEEN1212 BIG FIELD DR CASTLE HAYNE, NC 284291212 BIG FIELD DR  CASTLE HAYNE HUMPHREY GEORGE T JR LEIGH A1324 TEDDY RD CASTLE HAYNE, NC 284291324 TEDDY RD  CASTLE HAYNE JAMES BURNIE L JR MONTRE D LEWIS2229 BLUE BONNET CIR CASTLE HAYNE, NC 284292229 BLUE BONNET CIR  CASTLE HAYNE JOHNSON EDWARD D149 LONG LEAF DR WILMINGTON, NC 28401149 LONG LEAF DR  WILMINGTON JONES KYLE98 HOLLAND DR WILMINGTON, NC 2840194 HOLLAND DR  WILMINGTON JONES KYLE98 HOLLAND DR WILMINGTON, NC 2840198 HOLLAND DR  WILMINGTON K & D PROPERTIES III LLC 1999 SHEPARD RD SAINT PAUL, MN 55116      K & D PROPERTIES III LLC 121 RIVERSIDE DR WSMITHFIELD, NC 275773120 MUTUAL RD  CASTLE HAYNE KIRKMAN ROBERT C KINZA B1208 BIG FIELD DR CASTLE HAYNE, NC 284291208 BIG FIELD DR  CASTLE HAYNE KLINEDINST RICHARD KELLY M2257 BLUE BONNET CIR CASTLE HAYNE, NC 284292257 BLUE BONNET CIR  CASTLE HAYNE KUUSE ROBERT C ETAL151 LONGLEAF DR WILMINGTON, NC 28401151 LONG LEAF DR  WILMINGTON LAVANDOWSKI DIANE3008 PRIMROSE LN CASTLE HAYNE, NC 284293008 PRIMROSE LN  CASTLE HAYNE LILLY MICHELLE J2253 BLUE BONNET CIR CASTLE HAYNE, NC 284292253 BLUE BONNET CIR  CASTLE HAYNE LIU CECILIA C 1308 TEDDY RD CASTLE HAYNE, NC 284291308 TEDDY RD  CASTLE HAYNE MACLELLAN KEVIN BREANNA M1319 TEDDY RD CASTLE HAYNE, NC 284291319 TEDDY RD  CASTLE HAYNE MARRACCINI MICHAEL NATASHA A2248 BLUE BONNET CIR CASTLE HAYNE, NC 284292248 BLUE BONNET CIR  CASTLE HAYNE MATUSE LOUIA C HEATHER B2252 BLUE BONNET CIR CASTLE HAYNE, NC 284292252 BLUE BONNET CIR  CASTLE HAYNE MCABEE BRANDON K MORGAN A2192 BLUE BONNET CIR CASTLE HAYNE, NC 284292192 BLUE BONNET CIR  CASTLE HAYNE MCDOUGALL CHELSEA154 LONG LEAF DR WILMINGTON, NC 28401154 LONG LEAF DR  WILMINGTON MCDOUGALL CHELSEA154 LONGLEAF DR WILMINGTON, NC 2840192 HOLLAND DR  WILMINGTON MCGRAW VICKI BASS JAMES D1833 FANNIN RD MELISSA, TX 75454210 LAUREL DR  WILMINGTON MOORE TRANSPORTATION INC2929 BLUE CLAY RD CASTLE HAYNE, NC 284292929 BLUE CLAY RD  CASTLE HAYNE NEMMERS PETER W2007 BLUE BONNET CIR CASTLE HAYNE, NC 284292007 BLUE BONNET CIR  CASTLE HAYNE NICHOLS JESSICA T 1323 TEDDY RD CASTLE HAYNE, NC 284291323 TEDDY RD  CASTLE HAYNE PASQUE PROPERTIES LLC6216 CHATFORD DR RALEIGH, NC 276121320 TEDDY RD  CASTLE HAYNE Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 13 POHLE KYLE C DARBY N JACKSON2225 BLUE BONNET CIR CASTLE HAYNE, NC 284292225 BLUE BONNET CIR  CASTLE HAYNE RACHELS PLACE LLC6622 GORDON RD WILMINGTON, NC 28405     CASTLE HAYNE RACHELS PLACE LLC6622 GORDON RD WILMINGTON, NC 284052188 BLUE BONNET CIR  CASTLE HAYNE RACHELS PLACE LLC6622 GORDON RD WILMINGTON, NC 284053013 BLUE CLAY RD  CASTLE HAYNE RACKLEY JOSHUA C AUDRA L2236 BLUE BONNET CIR CASTLE HAYNE, NC 284292236 BLUE BONNET CIR  CASTLE HAYNE REESE BETTY C85 HOLLAND DR CASTLE HAYNE, NC 2842985 HOLLAND DR  CASTLE HAYNE REGISTER SARAH L2256 BLUE BONNET CIR CASTLE HAYNE, NC 284292256 BLUE BONNET CIR  CASTLE HAYNE REIMAN JAMES79 HOLLAND DR CASTLE HAYNE, NC 2842979 HOLLAND DR  CASTLE HAYNE RENS ROBERT L JENNAH CUTTING1315 TEDDY RD CASTLE HAYNE, NC 284291315 TEDDY RD  CASTLE HAYNE RISELLI ANDREA1316 TEDDY RD CASTLE HAYNE, NC 284291316 TEDDY RD  CASTLE HAYNE ROCHA TALITA DACHE ANGEL2249 BLUE BONNET CIR CASTLE HAYNE, NC 284292249 BLUE BONNET CIR  CASTLE HAYNE RUSS ROBERT EARL87 HOLLAND DR CASTLE HAYNE, NC 2842987 HOLLAND DR  CASTLE HAYNE SAMULIK KEVIN G MARY G93 HOLLAND DR WILMINGTON, NC 2840193 HOLLAND DR  WILMINGTON SEEK SOLUTIONS LLC 2915 BLUE CLAY RD CASTLE HAYNE, NC 284292915 BLUE CLAY RD  CASTLE HAYNE SIEGEL JEFFREY E1204 BIG FIELD DR CASTLE HAYNE, NC 284291204 BIG FIELD DR  CASTLE HAYNE SIMS SALENA F BRIAN1340 TEDDY LN CASTLE HAYNE, NC 284291340 TEDDY RD  CASTLE HAYNE SKIPPER MORRIS R JR ETAL1448 TOWN CREEK RD LELAND, NC 284512921 BLUE CLAY RD  CASTLE HAYNE STONEMAN KENNETH R MICHELE U1219 SHERMAN OAKS DR WILMINGTON, NC 284112907 BLUE CLAY RD  CASTLE HAYNE STRICKLAND BOBBY E MARY212 LAUREL DR WILMINGTON, NC 28401212 LAUREL DR  WILMINGTON TADLOCK AARON D ELIZABETH W2221 BLUE BONNET CIR CASTLE HAYNE, NC 284292221 BLUE BONNET CIR  CASTLE HAYNE TUTTLE PATRICK J ETAL1328 TEDDY RD CASTLE HAYNE, NC 284291328 TEDDY RD  CASTLE HAYNE WEBB CHRISTOPHER T ANNA S1216 BIG FIELD DR CASTLE HAYNE, NC 284291216 BIG FIELD DR  CASTLE HAYNE WENZEL MICHAEL FRANCESCA ZAGATTI2233 BLUE BONNET CIR CASTLE HAYNE, NC 284292233 BLUE BONNET CIR  CASTLE HAYNE WINBOURNE SEAN C KAREN E2217 BLUE BONNET CIR CASTLE HAYNE, NC 284292217 BLUE BONNET CIR  CASTLE HAYNE WRIGHTSBORO BAPTIST CHURCH642 CASTLE HAYNE RD WILMINGTON, NC 28401      WRIGHTSBORO BAPTIST CHURCH642 CASTLE HAYNE RD WILMINGTON, NC 2840176 HOLLAND DR  CASTLE HAYNE YARBOROUGH TREY F ERIN2232 BLUE BONNET CIR CASTLE HAYNE, NC 284292232 BLUE BONNET CIR  CASTLE HAYNE ZIMBECO GREGORY F RONDA J2011 BLUE BONNET CIR CASTLE HAYNE, NC 284292011 BLUE BONNET CIR  CASTLE HAYNE Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 14 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal    March 12, 2021    To: Adjacent Property Owners    From: Cindee Wolf    Re: A Performance Residential Townhome Development    My clients are interested in developing a new residential community on lands within the proximity of  your property.  This proposal would require a Conditional Zoning District approval from New Hanover  County.      A Conditional Zoning District allows particular uses to be established only in accordance with specific  standards and conditions pertaining to each individual development project.  Essentially, this means  that only that use, structures and layout of an approved proposal can be developed.  An exhibit of the  project layout is enclosed.  The units are 2‐story, attached‐townhomes, of approximately 1600‐1800  square feet, with one and two‐car garages, that will be constructed for individual ownership.    The County requires that the developer notify the property owners within an adjacency to the project  and hold a meeting for any and all interested parties.  This is intended to provide neighbors with an  opportunity for explanation of the proposal, and for questions to be answered concerning project  improvements, benefits, and impacts.    Due to the current COVID‐19 issue, however, a meeting cannot be held at this time.  In lieu of that, you  can contact the land planner, Cindee Wolf, with comments or questions at:  Telephone:  910‐620‐2374, or  Email: cwolf@lobodemar.biz    All contacts, comments, concerns, and recommendations must be recorded in a report delivered to the  County along with the rezoning application.    Prior to this project being reviewed by the Planning Board & Commissioners, you will receive  subsequent notices of the agendas directly from the County.  Those meetings provide public hearings  for comment on any issues pertinent to approval of the proposal.    We appreciate your interest and look forward to being a good neighbor and an asset to the  community.   Board of Commissioners - June 7, 2021 ITEM: 17- 7 - 15 Board of Commissioners - June 7, 2021ITEM: 17- 7 - 16 PROPOSED SITE PLAN Board of Commissioners - June 7, 2021 ITEM: 17- 8 - 1 Board of Commissioners - June 7, 2021ITEM: 17- 9 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 6/7/2021 Regular D E PA R T M E N T: Governing B ody P R E S E N T E R (S ): C hair O lso n-B o seman C O N TA C T (S ): Kym C rowell, C lerk to the B oa rd S U B J EC T: A ppointment of Vo)ng Delegate to the N A C o 2021 A nnual C onference B R I E F S U M M A RY: T he N aonal Associao n o f C ounes' (N A C o ) Annual C o nference business meeng will be in-person and virtually on Monday, J uly 12, 2021, tentavely at 1:00 p.m. A designated vo ng delegate must be appo inted and submi.ed to N A C o by Friday, J uly 9, 2021 in o rder for the delegate to parcipate in training webinars and pracce ballots prior to the annual business meeng. Per N A C o, any elected or a ppo inted o fficial or staff member f ro m a county/parish/bo ro ugh may be a vo ng delegate. N AC o's annual elecon of o fficers and policy ado pon will take place during the annual business meeng. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effecve County Management I ncreas e transparency and aw ar enes s about county acons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Make appointment. C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) M ake appointment. C O M M I S S I O N E R S ' A C T I O N S : Appointed C ommissioner Barfield. Board of Commissioners - June 7, 2021 ITEM: 18