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Agenda 2007 06-04 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Human Resources Training Center, New Hanover County Government Center 230 Government Center Drive, Sui te 13 5, Room 401 Wi [mi ngton, N C WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD June 4, 2007 5:30 p.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION (Rev. Dr. Samuel Zumwalt, Pastor of St. Matthew's Evangelical Lutheran Church) PLEDGE OF ALLEGIANCE (Commissioner William A. Kopp, Ir.) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of "Elder Abuse Awareness Month" Proclamation 63 5:45 p.m. 2.1 Public Hearing on the FY 2007-2008 Recommended Budget 67 Review Funding with Specific Organizations Public Hearing 6:45 p.m. 2.2 NOTE: This item has been withdrawn. 69 Public Hearing Rezoning (Z-862, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-I0 Residential District (Continued from the May 7,2007 Commissioners meeting) 7: 15 p.m. Break 7:25 p.m. 2.3 NOTE: This item will be continued to a later date. n Public Hearing Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or Near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District (Continued from the May 7, 2007 Commissioners meeting) 7:55 p.m. 2.4 Public Hearing 103 Conditional Rezoning (Z-863, 5/07) - Request by Withers & Ravenel for Dajo Corporation to Conditionally Rezone Approximately 12 Acre Located at 5705 Carolina Beach Road Adjacent to Existing B-1 Neighborhood Business District and in the Transition Land Classification from R-15 Residential District to CD(B-l) Conditional District Neighborhood Business with a Potential Range of3 Commercial Uses Proposed 8:25 p.m. 2.5 Public Hearing 115 Rezoning (2-864, 5/07) - Request by Withers & Ravenel for Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins, and Claude Taylor to Rezone Approximately 16.45 Acres Located at 511,600,613,615,618,622, & 625 Vallie Lane in the Urban Land Classification from R-15 Residential District to R -10 Residential District 8:55 p.m. 2.6 Public Hearing and Consideration of the Plemington Soccer Complex 123 Interlocal Agreement 9: 10 p.m. 3. Consideration of Lease of Property 125 9:20 p.m. Break 9:30 p.m. 4. Appointment of Voting Delegate to the NACo Annual Conference 135 9:35 p.m. 5. Meeting of the Water and Sewer District 137 9:45 p.m. 6. Non-Agenda Items (limit three minutes) 9:50 p.m. 7. Additional Items County Manager Commissioners Clerk to the Board County Attorney 10:00 p.m. 8. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Notice of Temporary Meeting Location Change The Board of Commissioners will conduct their meetings in June, July and August 2007 at the New Hanover County Government Center so that renovations may be completed at the Historic Courthouse. The meeting location details are: New Hanover County Government Center 230 Government Center Drive, Suite 135 Human Resources Training Center Room 401 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:35 p.m. 1. Non-Agenda Items (limit three minutes) 9:40 p.m. 2. Approval of Minutes 139 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Approval of Board of Education Budget Amendment 9 3. Approval of Board of Education's Application to Use Public School Capital 15 Building Fund ADM (Corporate Tax) Fund for Annie H. Snipes Academy of Arts and Design 4. Adoption of Resolution to Appoint Map Review Officers for the City of 17 Wilmington 5. Approval of Outposted Medicaid Position 21 6. Approval of Revision of Cash Management Policy 23 7. Approval of Amendments to the Bylaws of the New Hanover Public Safety 45 Communications Center (NHPSCC) 8. Adoption of Ordinances for Budget Amendments 57 07-239 Department of Social Services 07-252 Board ofElections/Goveming Body 07-253 Non-Departmental/General Government 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Agenda Review meeting held on May 17, 2007 and Regular Session meeting and Closed Session meeting held on May 21,2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 2 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin Item Does Not Require Review SUBJECT: Board of Education Budget Amendment BRIEF SUMMARY: On May 7,2007, the Board of Education approved Budget Amendment #3 in the Board of Education's Capital Outlay Fund. The Budget Amendment appropriates $15,000 from the Board of Education capital outlay fund balance for facility upgrades for EC Classroom at Parsley. The Board of Education also approved a New Hanover County Schools Budget Transfer from Capital Outlay, which transfers balances from projects to Annie H. Snipes Academy: $2,026,473.27 and Sunset Park Elementary: $1,137,777. The increases in Annie H. Snipes and Sunset Park Elementary are due to the project bids coming in at more than the estimated amounts. The Board of Education requests the County Commissioners review and approve the Budget Amendment and the New Hanover County Schools capital outlay budget transfer. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education Budget Amendment #3 and the New Hanover County Schools capital outlay budget transfer. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 9 Budget Amendment #3 New Hanover County Administrative Unit Capital Ol.lf:lay Fund The New Hanover County Board of Education at a meeting on the 7th day of May 2007, passed the following resolution. Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30,2007. Amount Code Number Descriptionof Code Increase u (Decrease) Various See Attached $15,000,00 Revenue: Various See Attached $ 15,000.00 Explanation: Total Appropriation in Current Budget $ J27,579,416.89 Amount of Increase/(Decrease) of above Amendment 15,000.00 Total Appropriation in Current Amended Budget $127.594.416.89 day of 10 Capital Outlay Fund Amendment #3 To set up project budget up facility upgrades for EC classroom at Parsley: 4.9196.401.529.380.945.07 Parsley EC Upgrades 15,000.00 revenue: 4.4910.000.000 Capital Outlay Fund Balance Appropriation (15,000.00) Caoital Outlav Fund - PaOl'! #1 11 New Hanover County Schools Budget Transfer Form Capital Outlay Amount Budoet Code Description Increase Decrease 4.9101.401.523.326.945.07 Laney Cooling Tower Rplmt $412.00 07-CapitaIOutlay-Meeh 4.9107.401.529.000.945.05 Anderson Elementary $63,083.82 OS.CapitaIOutlay-Mise 4.9108.401.529.000.945.05 Ogden Elem Renov $239.89 OS-Capital Outlay-Mise 4.9135.401.529.000.945.00 Murrayville Elementary $51,487.00 Capital Outlay 4.9146.401.522.000.945.06 Lake Forest Academy $110,585.00 06-Capital Outlay - Gnrl 4.9146.401,526.000.945.06 Lake Forest Academy $2,180.00 06-Capital Outlay - Des Cons 4.9146.401.529.000.945.06 Lake Forest Academy $37,235.00 06-Capital Outlay - Mise 4.9147.401.529.000.945.06 Chesterbrook Misc. $188.33 06-CapitaIOullay-Mise 4.9247.401.541.000.945,06 Chesterbrook Furniture $22,000.00 06.Capital Dullay - Fum 4.9250.401.412.000.945.07 Minor RepairsJRenov $488.61 OS-Capital Outlay - Suoolies 4.9181.401.529.000.945.07 CBRC Carpentry Shop $10,400.00 07-CapitaIOullay-Mise 4.9186.401.523.000.945.07 Heat Pump Rplmt $338.87 07-CapitaIOutlaY-Meel1 4.9187.401.529.000.945.07 Mobile Unit Relocation $119,445.17 07-CapitaIOutlay-Mise 4.9188.401.529.326.945.07 Laney Sewer/Drain Repairs $25,750.00 07-CapitaIOullay-Mise 4.9191.401.529.339.945.07 Hollv Tree Chiller ROlmt $25.000.00 Q7-CaoitaIOuUay.Mise 4.9193.401.529.000.945.07 Metal Shipping Containers $0.24 07-CapitaIOutlay-Mise 4.9113.820.529.356.945.00 Doden Elementarv School $561.019.37 2005 Bond - Mise 4.9115.820.529.328.945.00 Forest HlIIs Elem Renov $70,000.00 2005 Bond. Mise 4.9118.820.529.404.945.00 WriQhtsboro Elem Renov $30,000.00 2005 Bond - Mise 4,91.21.620,522.342.945.00 HOQQard HS Roof Rplmt $12,855.44 2005 Bond. Gnrl 4.9121.820.526.34.2.945.00 Hoggard HS Roof Rplmt $9,906.25 2005 Bond - Des Cons 4.9121.820.529.342.945.00 Hoggard HS Roof Rolmt $54,744.34 2005 Bond - Mise 4.9122.820.522.364.945.00 Roland-Grise Roof Rolmt $16.368.50 2005 Bond. Gnrl 4.9122.820.526.364.945.00 Roland-Grise Roof Rplmt $14,095.00 2005 Bond - Des Cons 4.9122.620.529.364.945.00 Roland-Grise Roof Rolml $72,562.14 2005 Bond - Mise 4.9124.820.522.346.945.00 Williams Roof Rplmt $47.623.00 1 12 New Hanover County Schools Budget Transfer Form Capital Outlay Amount Budget Code Descriotion Increase Decrease 2005 Bond - Gnrl 4.9124.820.526.346.945.00 Williams Roof Rplmt $11,484.00 2005 Bond - Des Cons 4.9124.820.529.346.945.00 Williams Roof Rplmt $35.041,03 2005 Bond - Mise 4.9125.820,522.320.945.00 Virgo Roof Rplmt $70,312.62 2005 Bond - Gmt 4.9125.820.529.320.945.00 Virgo Roof Rplmt $34.456.04 2005 Bond - Mise 4.9126,820.522.325.945.00 Trask Middle Roof Rpimt $22,223.00 2005 Bond - Gnrl 4.9126.820.526.325.945.00 Trask Middle Roof Rplmt $224.00 2005 Bond - Des Cons 4.9126,820.529.325.945,00 Trask Middle Roof Rplmt $9,564.61 2005 Bond. Mise 4.9127.820.522.000.945.00 HVAC/Elee Repair/Roof Rplmt $441,902.00 2005 Bond - Gnrl 4,9127.820.526.000.945.00 HVAC/Elec Repair/Roof Rplmt $38,933.00 2005 Bond - Des Cons 4.9127.820.529.000.945.00 HVAC/Elec Repair/Roof Rplmt $4,325.00 2005 Bond - Misc 4.9197.401.522.384.945.00 Snipes School 01 Arts & Design $388,833.93 Capital Outlay - Gnrl 4.9117.820.522.384.945,00 Snipes School of Arts & Design $1,394,317.34 2005 Bond - Gnrl 4.9117.820.526.384.945.00 Snipes School 01 Arts & Design $243,322.00 2005 Bond. Des Cons 4.9114.820.522.308.945,00 Carolina Beach Elementary $1,000,000.00 2005 Bond. Gnrl 4,9114.820.529.308.945.00 CarOlina Beach Elementary $137,777.00 2005 Bond. Gnrl 4.9120.820.522.368.945,00 Sunset Park Elem Renev $952,556.00 2005 Bond. Gnrl 4,9120.820.526.368.945.00 Sunset Park Elem Renov $105,221.00 2005 Bond - Des Cons 4.9197.401.522.368.945.00 Sunset Park Elem Renev $80.000.00 Tot.als (Should equal) $3,164,250.27 $3,164,250.27 Justification for Request: Re-allocalion of funds 10 establish budget for additional Capital Improvements at Annie H. Snipes Academy of Arts and Design andfor Sunset Park Elementary School Renovations. See attached Delail. To be completed by Finance Department' Batch #.' By: Date, 2 13 This page intentionally left blank. 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Approval of Board of Education's Application to Use Public School Capital Building Fund ADM (Corporate Tax) Fund for Annie H. Snipes Academy of Arts and Design BRIEF SUMMARY: The Board of Education is requesting the County Commissioners approve their request to use $492,652.73 of the Public School Capital Building Fund for renovation of the original building, which was constructed in 1942, minor site improvements, and technology upgrades for the Annie H. Snipes Academy of Arts and Design. The matching funds of one dollar of local funds for every three dollars of state funds are from the 2005 Local School Bond Fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and authorize Chairman to sign the request for $492,652.73 from the Public School Capital Building Fund. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Application to Public School Capital Building Fund REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 15 Revised 10/5/06 APPLICATION PUBLIC SCHOOL CAPI!TAL BUILDING FUND Approved: ADM (Corporate Tax) FUND Date: County: New Hanover County Contact Person: Carmen Ginloli Address: 6410 Carolina Beach Road, Wilmington, NC Title: . Director, Facility Planning & Construction School Admin. Unit: 650 Phone: ( 910) 254.4325 Project Title: Annie H. Snipes Academy of Arts and Design location: 2150 Chestnut Street, Wilmington, North Carolina 28405 Type of Facility: Elementary School G.S. 115C-546.2(b) "Counties shall use monies in the Fund for capital outlay projects including the planning, construction, reconstruction, enlargement, improvement, repair. or renovation of public school buildings and for the purchase of land for publiC school buildings: for equipment 10 implement a I:ocal school technology plan that is approved pursuant to G.S. 115C-102.6C; or for both. Monies used to implement a local school technology plan shall be transferred to the State School Technology Fund and allocated by that Fund to the local school administrative unit for equipment. As used in this section. 'public school buildinQs' only includes facilities for individual schools that are used for instructional and related purposes and does noUnclud8centralized administration. maintenance. or other facilities." Short Description of Construction Project: Renovations olJhe oriqinal buildinq: buildinq constructed in 1 94:Z.:minor site improvements and tl;lchnoloQV Iloar<'ldes .. , Estimated Costs: Slate local Total Purchase of land $ $ $ 0.00 Planning $ $ $ 0.00 Construction $ $ $ 000 Renovation $ 492.652.73 $ 9,853,33427 $ 10,345,987.00 Enlargement $ $ $ 000 Repair $ $ $ 0.00 - School Technology $ $ N/A $ 0.00 Debt Service/Bond Payment $ $ $ 0.00 Total $ 492.652.73 $ 9,853,334.27 $ 10,345,987.00 Bid DateslVendors: April: 10, 2008 Contracts signed/Dates: May 5, 2008 Estimated date of beginning of construction: June 9,2008 Estimated date of completion: December 31 . 2009 Match: The matching funds of one dollar of local funds for every three dollars of state funds are from (source): 2005 Local School Bond Fund $ of the matching funds have been expendedfor/datefdescription: Reportinq requirements: We, the undersigned. agree to submit a statement of statellocal amounts expended for this project within 60 days of completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project and request release of $ 492,652.73 from the Public School Building Capital Fund. We certify that the project herein described is within the parameters of 115C-546.2(b) and that all of the match is available and designated as match of this prOject. - 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Adoption of Resolution to Appoint Map Review Officers for the City of Wilmington BRIEF SUMMARY: The Board adopted a resolution on March 12, 2007 to appoint Chris O'Keefe as one of the Map Review Officers for the unincorporated New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach. This updated a prior resolution which was approved September 15, 1997 that included Dexter Hayes, the Planning Director at that time. The City of Wilmington has submitted five persons for appointment as Map Review Officers for the City of Wilmington from the City's Development Services Department. They are: Ronald H. Satterfield, Jr., Senior Planner; James A. Diepenbrock, Associate Planner; David E. Cowell, P. E., Construction Manager; Carl H. Farmer, Jr., P.E., Division Engineer; and John Fullerton, Zoning Administrator. RECOMMENDED MOTION AND REQUESTED ACTIONS: Designate the five City staff as Map Review Officers for the City of Wilmington. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ... .:.. '.~' ........ ... . G S _4- 7-3G.2.pdf map review officers resolution .doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 17 ~ 47-30.2. Review Officer. (a) The board of commissioners of each county shall, by resolution, designate by name one or more persons experienced in mapping or land records management as a Review Officer to review each map and plat required to be submitted for review before the map or plat is presented to the register of deeds for recording. Each person designated a Review Officer shall, if reasonably feasible, be certified as a property mapper pursuant to O.S. 147~54.4. A resolution designating a Review Officer shall be recorded in the county registry and indexed on the grantor index in the name of the Review Officer. (b) The Review Officer shall review expeditiously each map or plat required to be submitted to the Officer before the map or plat is presented to the register of deeds for recording. The Review Officer shall certify the map or plat if it complies with all statutory requirements for recording. Except as provided in subsection (c) of this section, the register of deeds shall not accept for recording any map or plat required to be submitted to the Review Officer unless the map or plat has the certification of the Review Officer affixed to it. A certification shall be in substantially the following fonn: State of North Carolina County of I, , Review Officer of County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. Review Officer Date (c) A map or plat must be presented to the Review Oft1cer unless one or more of the following conditions are applicable: (1) The certificate required by G.S. 47~30(f)(lI) shows that the map or plat is a survey within the meaning of O.S. 47-3 O( f)(ll )b. or c. (2) The map or plat is exempt from the requirements ofG.S. 47-30 pursuant to G.S. 47-300) or (I). (3) The map is an attachment that is being recorded pursuant to G.S. 47-30(n). (1997-309, s. 3; 1998-228, s. 13.) G.S.47-30.2 Page I 18 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, General Statute 47~30.2 requires that every County appoint one or more Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, a resolution was adopted by the Board of County Commissioners on March 12, 2007 that for the unincorporated New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review Officers are Chris O'Keefe, Planning Director; Billy Oakes, Land Records Supervisor; and Sam Burgess,. Principal Development Planner; and that for the City of Wilmington the designated Review Officers are Benjamin Brown, City Surveyor;. and William Penny, City Engineer; and WHEREAS, the City of Wilmington has requested that the five staff listed below be designated as Review Officers for the City of Wilmington. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following City of Wilmington staff be designated as Review Officers for the City of Wilmington: Ronald H. Satterfield, Jr., Senior Planner; James A. Diepenbrock, Associate Planner; David E. Cowell, P. E., Construction Manager; Carl H. Farm.er, Jr., P.E., Division Engineer; and John Fullerton, Zoning Administrator, ADOPTED the 4lh day of June 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 5 Estimated Time: Page Number: Department: DSS Presenters: LaVaughn Nesmith, Sam Lane Contact: LaVaughn Nesmith SUBJECT: Outposted Medicaid Position BRIEF SUMMARY: The Department of Social Services requests a Family and Children's Medicaid position to establish a shared Medicaid eligibility position to be outposted at the New Hanover Community Health Center and Wilmington Health Access For Teens (W.HAT.). The position at these facilities will meet the need for more effective access to services, by initiating applications for medical coverage through the Medicaid program. This will enhance overall efficiencies for collaborating entities. The position will be funded via a combination of federal and non-federal revenues. No County funds will be required. The non-federal share for the cost of the position, salary, benefits, travel, etc. will be shared by New Hanover Community Health Center and WHA.T. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the position. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 Explanation: Funding will be provided by combination of Medicaid, Community Health Center, and Wilmington Health Access for Teens. If funding sources are eliminated, then the position will be eliminated. No County funds or County office space will be needed for this position. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 6 Estimated Time: Page Number: Department: Finance Presenter: Avril M. Pinder Contact: Avril M. Pinder SUBJECT: Revision of Cash Management Policy BRIEF SUMMARY: A revision of the Cash Management Policy is proposed to comply with accounting changes brought about by Governmental Accounting Standards Board Statement Number 40, "Deposits and Investment Risk Disclosures." The following updates were added to the New Hanover County Cash Management Policy formalizing current practices, North Carolina Local Government Commission recommendations and compliance with emerging accounting rules: Deposits - Custodial Credit Risk This ensures that all funds on deposit are secured by the bank through deposit insurance, surety bonds, or investment securities. (Added in Section 4.2) Investments - Custodial Credit Risk This ensures that the County investments will be held in trust by a third party custodial agent. Deleted names of employees and replaced with names of positions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve revised Cash Management Policy. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. C.~.sH MGMT POLICY REV n51A07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 23 CASH MANAGEMENT POLICY 1.0 Resolution: Establishment of a Cash Management Policy 2.0 General 3.0 Cash Receipts 3.1 Deposits 3.2 Billings 4.0 Cash Mobilization and Management of Available Resources 4.1 Mobilization 4.2 Investments 4.3 Forecasting Cash Flows 5.0 Cash Disbursements 6.0 Banking Relations 6.1 Request for Proposal for Banking Services 7.0 Monitoring and Reporting on the Plan New Hanover County Policy & Procedures Ma.nual Amended 05/14/07 Page 1 "~_"'O 24 CASH MANAGEMENT POLICY 1i.O Resolution: Establishment of a Cash Management Policy NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION: ESTABLISHMENT OFA CASH MANAGEMENT POLICY WHEREAS, to fully maximize the use of public moneys is in the best interest of the public; and, WH E REAS, it is the responsibility of the finance director, who is appointed by and serves at the pleasure of the manager, to supervise the investment of idle funds of New Hanover County (County); and, WHEREAS, it is the desire of the Board of Commissioners to use all of its publiic funds in a most efficient manner; NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS THAT: Section 1. The Board of Commissioners hereby charges the finance di~ rector, with the cooperation of all County departments and offi- cials, to devise and implement a cash management plan which addresses cash receipts, cash mobilization and management of available resources (investment), cash disbursements, banking relations, and monitoring and reporting on the plan. The finance director shall submit the cash management plan to the County manager. Section 2. The independent auditor for the County shall monitor the County's compliance with the established cash management plan and the reports of the finance director thereon. He shall report his findings and recommendations annually as a part of the County audit New Hanover County Policy & Procedures Manual Amended 05/14107 Page 2 25 CASH MANAGEMENT POLICY Section 3. The following procedures are hereby established and shall be incorporated in the cash receipts section of the cash manage- ment plan: (1) Except as otherwise provided by law, all taxes and other moneys collected or received by an officer or employee of the County shall be deposited in an official depository in accordance with G.S. 159-32. (2) Moneys received shall be deposited daily in the form and amounts received, except as otherwise provided by statute. These moneys shaH be deposited in such a manner as to receive the current day's credit. (3) Moneys due to the County either by another govern- mental agency or by an individual shall be promptly billed, collected, and deposited. The finance director shall monitor the status of all uncollected moneys owed to the County and implement measures to collect any and all delinquent accounts except as otherwise pro- vided by law. (4) The fina nce director shall periodically review each reve- nue source of the County and examine the methods for prompt billing, collection, depositing, and reporting of those sources. These methods shall be analyzed with the individual responsible for the particular revenue source, and changes shall be instituted if quicker and more efficient means of revenue realization are possi- ble. Section 4. The following procedures are hereby established and shall be incorporated in the cash mobilization and management of available resources section of the plan: (1) The finance director shall establish a depository system for the County. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 3 26 CASH MANAGEMENT POLICY (2) Pursuant to G.S. 159-25(4), the finance director shall receive and deposit all moneys accruing to the County into the County's cash concentration account, unless another officer or employee is duly authorized to do so a nd is supervised by the finance director. (3) Generally, moneys received from the State shall be received through the Governmental Moneys Transfer System where applicable. (4) The fina nce director should review daily the posi- tion of the cash concentration account and invest any and all excess deposits. Eligible investment shall be those as allowed by G.S. 159-30. (5) The finance director shall strive to keep 100% of the County's moneys invested at all times. This necessitates the cash concentration ac~ count being at least in the form of an interest bearing account. (6) The finance director shall continuously fore~ cast the future cash needs and invest moneys for longer periods of time when warranted by market conditions (i.e., higher rates). Section 5. The following procedures are hereby established and shall be incorporated in the cash disbursements section of the County's cash management plan: (1) The method in which appropriations and other available resources are expended shall be per- formed pursuant to G.S. 159-28(b). New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 4 27 CASH MANAGEMENT POLICY (2) Billings to the County for goods received or for services rendered shall not be paid early or late, but on the discount date or the due date to the extent practicable. (3) The finance director shall establish a system of inventory and supply controls to insure that these stocks will remain at levels necessary to conduct business without being excessive. (4) The finance director will consolidate all pay- ments to a particular vendor, rather than issuing separate checks for each billing to the extent practicable. (5) A cost effective disbursement cycle shall be es- tablished to create the maximum amount of in- vestable funds while at the same time insuring all bills are paid by their due date. The disburse- ment cycle shalll be reviewed periodiicaUy by the finance director and changes shall be instituted when appropriate. (6) The finance director shall establish a method to enhance the purchasing cycle through whatever method is deemed necessary, Section 6. The following procedures are hereby established and shall be incorporated in the banking relations section of the cash man- agement plan: (1) The finance director will maintain the mini- mum number of bank accounts for official opera- tion. A cash concentration account and imprest payroll account shall be required accounts. New Hanover County Policy & Procedures Manual Amended 05114/07 Page 5 28 CASH MANAGEMENT POLICY (2) The finance director shall maintain in the County's accounts enough moneys to meet the County's daily obligations. (3) An official depository shall be selected based on a competitive proposal. A Request for Proposal for Banking Services shall be submitted to those financial institutions the finance director has de- termined to be financially sound, based on a comp rehensive a nalysis of the institutions' finan- cial positions. The selection process will be car- ried out every five (5) years. The finance direc- tor shall recommend an official depository be designated by the Board based on his evaluation of the proposals. Section 7. The following procedures are hereby established and shall be incorporated in the monitoring and reporting section of the cash management plan: (1) The finance director shall report monthly to the County manager concerning the status of in- vestments and the collateralization of the mon- eys. (2) Significant changes in banking services or costs, and the issuance of a Request for Proposal for Banking Services will be reported to the County manager. (3) Each year the plan shall be reviewed by the fi- nance director during budget preparation. The finance director shall amend the plan, as appro- priate, to further enhance the County's cash management program. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 6 29 CASH MANAGEMENT POLICY (4) Any deviiations from the plan by any official or employee shalli be reported to the County man~ ager. Section 8. All employees of the County shall follow the cash manag,e~ ment plan and provisions of this resolution, and the willful or continued failure to do so is sufficient cause for immediate dismissal from County employment. Upon motion of Commissioner , seconded by Commissioner , the foregoing Resolution was passed by the following vote: Ayes: Commissioner Commissioner Commissioner Commissioner Commissioner Noes: None *,******** I, , Clerk of the New Hanover County Board of Commissioners of North Carolina, do hereby certify that the foregoing Resolution was duly adopted by the governing body of New Hanover County at a regular meet~ ing thereof, a quorum being present. This the _ day of ,20_. (Signature) New Hanover County Policy & Procedures Manual Amended 05/1,4107 Page 7 30 CASH MANAGEMENT POLICY 2.0 General Th is cash management plan is being: established pursuant to the New Hano- ver County's Cash Management Pollicy as adopted by the Board which re- quires such a plan to be developed. The objectives of this plan are to maxi- mize the amount of idle moneys invested, thus generating maximum amounts of non-tax revenue through increased investment earning:s and si- multaneously providing adequate safety and liquidity ofthe County's moneys. This plan will address five areas: 1) cash receipts 2) cash mobillization and management of available resources (in- vestments) 3) cash disbursements 4) banking relations 5) monitoring and reporting on the plan In addition to establishing a cash management plan, the finance director will implement a series of internal controls which are designed to prevent losses of public moneys arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the County. The finance director will ensure, whenever possible, separation of duties of the investment procedures. Note: Any reference to "finance director" throughout this plan means any authorized representative as designated by the Finance Director. If Finance Director is capitalized, It then means specifically the person in that position. New Hanover County Policy & Procedures Manual Amended 05/14107 Page 8 31 CASH MANAGEMENT POLICY 3.0 Cash Receipts This section of the plan is designed to assist the Finance Director in develop- ing and implementing procedures for the receipt of moneys in order to expe- dite the movement of those moneys into eligible investments while ensuring the safe handling of cash resources. 3.1 Deposits The Finance Director shall devise and implement a central depository system for the County. This system should generally ,include the creation of three bank accounts: a tax transfer account, a cash con- centration account and an imprest payroll account. These three a,c- counts will be at the official depository approved by the Board. Deposits are to be made daily, unless moneys on hand amount to less than $250.00. In any event, deposits are to be made on the last business day of the month. The deposit should be made before 2:00 p.m. each business day. For high-volume periods during the year, the finance director will initi- ate temporary personnel reassignments, as necessary, to assure that prompt deposits are made. For checks received and deposited which are returned to the finance director due to insufficient funds, prompt action will be undertaken to collect good funds. Any adjustments or corrections for either overpayment or underpay- ment will be made after the moneys have been deposited. For routine deposits, it is very seldom necessary or appropriate to return a check because ,it was made out in the wrong amount. Do not delay in de- positing moneys for errors of this type on regular receipts. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 9 32 CASH MANAGEMENT POLICY 3.2 Billings Applications and reports to the State or federal government for reim- bursement or claims are to be filed promptly. All department heads who administer programs that receive moneys from other govern- ments are to meet with the finance director to establish a cash flow schedule for these moneys. The due dates of the reimbursements are listed below are to be strictly adhered to: Revenue Sources Due Date for Claim Beer and Wine Excise Tax Within five working days after receipt of August question- naire Gasoline Tax Refund Due promptly at the end of each quarter Reimbursement of 15% of Prope.rty Tax Less Due to Homestead Exemption September 1 Refund of State Sales and Use Tax Due promptly after June 30 Refund of Local Sales and Use Tax Due promptly after June 30 Community Development Block Grant Request funds to meet immediiate cash needs New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 10 33 CASH MANAGEMENT POLICY FAA Grants Each month if ex- penditures warrant filing for reimburse- ment Department of Social Services File 1571 by 15th of each month; recon- cilement to finance dept. by 20th of each month Other Grants Each month if ex~ penditures warrant filing for reimburse- ment New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 11 34 CASH MANAGEMENT POLICY 4.0 Cash Mobilization and Management of Available Resources This section of the plan is designed to place the County's money in a position to be invested as quickly as possible at the highest reasonable yields avail- able while maintaining the safety and liquidity of those moneys. 4.1 Mobili.zation The Board of Commissioners shall authorize the County to establish an official depository, in Wilmington, North Carolina. Moneys shall be deposited into the official depository no later than 2:00 p.m. to ensure that the deposit will be credited for that day. The deposits shall be made by the finance director or by department offi- cers or employees duly authorized to do so. Any department officers or employees authorized to make deposits shall promptly forward copies of deposit tickets to the finance director for deposit verification. Once the daily deposit reports have been received, the finance direc- tor shall review the deposits and disbursements made on that day to determine the amount of moneys available for investment. If an in- vestment shall be made, the finance director will select and purchase that investment by 11 :00 a.m. the following morning. All moneys received by the County from the State shall be wired through the Governmental Moneys Transfer System (GMTS) in order to ensure immediate investment of those moneys on the transfer date. The finance director shalll also maintain an account with the North Carolina Cash Management Trust in order for GMTS moneys to be wired into that account. The County shall remain 1 00% invested at all times with the exception of moneys held out for petty cash and change purposes. {100% in- New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 12 35 CASH MANAGEMENT POLICY vested refers to actual investments as well as the use of interest- bearing check,ing accounts.) 4.2 Deposits/I nvestments All the funds on deposit must be secured by deposit insurance, surety bonds, or investment securities as required by G.S. 159-31 (b). When deposits are secured according to this General Statute, no public offi- cer or employee can be held liable for any losses due to the insol- vency of the depository. All demand deposits (non-interest bearing accounts) are insured up to $100,000 through the Federal Deposit In- surance Corporation (FDIC). All time deposits (including regular sav- ings, certificates of deposit, and interest bearing checking accounts) are additionally insured for the same amount. When a unit's deposits are in excess of the insured amounts, eligible securities must be pledged as collateral for the unit's funds. There are two methods of collaterallization available to depositories. Under the Dedicated method (formerly the Option 1 method), respon- sibilityfor monitoring collateral is with the unit, while under the Pooling method (formerly the Option 2 method), the responsibility is with the State Treasurer. Use ofthe Dedicated method requires that a siQned escrow agreement (Dedicated Method) (Form INV-94B) with a third party escrow agent be in place for each Dedicated method depository holding uninsured deposits. Also required for each Dedicated method depository is a signed "Security Agreement with Resolution" (Dedi- cated Method) (Form I NV-94A).. It is the responsibility ofthe finance officer to moniltor periodic reports. of pledged collateral for eligibility and adequate market value of the pledged securities. Under the Pooling method, depositories are allowed to secure all public deposits in one escrow account. The escrow account is used for all Pooling method depositories for all units and is established with and eligible escrow agent in the name of the State Treasurer. To establish a Pooling method account, signed "Escrow Agent Agreement (Pooling Method)" (Form INV-93B) and "Security Agreement with Resolution (Pooling Method)" (Form INV-93A) are required. Depositories may New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 13 36 CASH MAN!AGEMENT POLICY use either method; however, the depository must use the same method for all public deposits on hand. If a depository does not elect Pooling method status, it is automatically the Dedicated method. The only exception is that institutions holding deposits for housing authori- ties are required by the U.S. Department of Housing and Urban De- velopment (HUD) regulations to use the Dedicated method of collat- eralization. G. S. 159-31 (b) provides that no securitIes are req u ired for the protec- tion of funds of a unit remitted to and received by any bank, savings and loan, or trust compa ny acting as agent for the sole and exclusive pu rpose of paying the maturities of principal and interest on the bonds or notes of the unit when such funds are remitted within sixty (60) days prior to the scheduled maturity date. (Note: In some situations these moneys will have additional FDIC deposit insurance coverage.) Deposits - custodial credit risk The State Treasurer enforces standards of minimum capitalization for all pooling method financial institutions. The County relies on the State Treasurer to monitor those financial institutions. The County analyzes the financial soundness of any other financial institution used by the County. The County complies with the provisions ofG.S. 159-31 when designating official depositories and verifying that de- posits are properly secured. Eligible investments shall be limited to obligations allowed by G,S. 159-30.. Repurchase agreements (repos) shall be permitted, provided the seller of the repo transfers the underlying securities to the County's custodian who shall place them in an account in the name of the County. Repo agreements with less than one day maturity (over- nig,ht) are not required to be placed with the County's custodian. Re- verse repos are not permitted. New Hanover County Policy & Procedures Manual Amended 05/14107 Page 1,4 37 CASH MANAGEMENT POLICY Investments - custodial credit risk The County shaU utilize a third party custodial agent for book entry transactions, all of which shalll be held in the County's name, The cus- todial agent shall be a trust department authorized to do trust work in North Carolina who has an account with the Federal Reserve. Certifi~ cated securities shall be in the custody of the finance officer. Investments - credit risk The County limits investments to the provisions of G.S. 159-30 and restricts the purchase of securities to the highest possible ratings whenever particular types of securities are rated. Knowing the financial institutions that you deal with and monitoring the security of assets held by those institutions are vital parts of cash management. The finance director shall be responsible for obtaining custody and providing safekeeping of securities and deposit certificates according to G.S. 159-30(d). All securities to be held longer than one day, pur- chased by the County, shall be delivered to the finance director or the County's custodian and placed in the County's custody account. The custodian agent will promptly provide the County with a custody receipt. All such custodial agreements shall be between the County and the custodian. Certificates of deposit with a maturity greater than one day, pur- chased by the County, shall be delivered to the finance director or the County's custodian.. The finance director shall ensure proper diversification of the invest- ment portfolio in order to minimize risks brought on by economic and market changes. To achieve this diversification: New Hanover County Policy & Procedures Manual Amended 05/14\107 Page 1,5 38 CASH MAN!AGEMENT POLICY a,. No more than 50% of the County's moneys shall be in- vested in a partIcular investment vehicle. b. No less than 30% of the total investment portfolio shall mature within 30 days. No less than 75% of the portfo~ lio shall matu re in 180 days and 100% of the portfolio shall mature within three years. The finance director may, at his/her discretion, allow a variance in the mini~ mum portfoUo percentages required to mature within 30 and 180 days if market conditions dictate and adequate cash balances are maintained. c. No more than 50% of the County's total! moneys shall be invested in a single institution, unless specificalily ex- empted by the Finance Director. The finance director shall constantly monitor the investment portfoUo and make adjustments as necessary. The finance director shall: No less than monthly, compare to market the book value of securities owned by the County. If the market value is signifi- cantly higher than the cost of the security, the finance director will examine opportunities to sell the security, realize a gain from the premium and invest in other eligible investments. Conversely, if the market value is significantly below the cost of the security, the finance director should pursue measures to liquidate the security to avoid further losses. The finance director shall daily review the cash position of the County and decide what moneys can be invested for certain periods of time. If any investments are to be made, the finance director will make this determination by 11 :00 a.m. each morning and then institute a bidding process for County moneys as follows: a. Approved fi nancial institutions shall be contacted by the finance director requesting b,ids on time deposits. All New Hanover County Policy & Procedures Manual Amended 05/14107 Page 16 39 CASH MANAGEMENT POLICY bids shall be submitted by 10:00 a.m. on the date of settlement with interest rates quoted on a 365 day ba~ sis. In the event of matching bids, the financial institu- tions will be contacted, notified of similar bids and asked if an upset bid will be placed. All certificates shall be in the hands of the finance office or the County's custodian if maturity is greater than one day by 2:00 p.m. b. F or other eligible investment vehicles, the finance d irec- tor shall solicit offers from an approved list of financial institutions and broker/dealers. The finance director shall review the various offers and determine which in- vestment vehicle is appropriate, considering such fac- tors as rate, maturity and safety of the investment. All interest rates shall be quoted on a discount basis. For securities purchased by the County, the finance director shall instruct the seller that securities are to be deliv- ered to the County's custodian. c. The Finance Director's designated investment person- nel shall present to the Finance Director or designee a recap of bids and the selected investment for approval immediately after selection is made. Telephone quotes shall be received by 1 0 :00 a. m., recorded and de- livered to the finance director. The names of the financial institution and its representative shall be included in the report. The finance di~ rector wUl be responsible for notifying the financial institution which placed the highest bid. Wires will be processed no later than 3:00 p.m. with written confirma~ tion forwarded the next business day. These confirmations will be documented and delivered to the finance office for review. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 17 40 CASH MANAGEMENT POLICY An individual shall be assigned by the finance director to monitor the safekeeping of securities, both owned by the County and pledged for the County's deposits. Once securities are escrowedl, this individual shall receive next day written confirmations from the safekeeping agent acknowledging delivery of the specified securities. These con- firmations shall be recorded and forwarded to the finance director for review. 4,3 Forecasting Cash Flows The finance director shall prepare a monthly cash flow forecast for a twelve-month period and update it monthly. The objectives of the forecast shall be to ensure sufficient funds will be available to meet the County's commitments and that the timing and amount of excess funds is known so as to maximize the amount of moneys available for investment. The objective of this section of the County's cash management plan IS to retain the moneys for investment until the agreedl upon contractual date of payment unless early payment provides a benefit to the County. 5.0 Cash Disbursements The finance director shall disburse County moneys pursuant to G.S. 159-28(b). To create the maximum amount of funds available for investment, the fi- nance director shall pay the obligations of the County based on a designated schedule. Only those payments which must be paid prior to that date will be paid on an earlier date. The finance director shall pay the obligations of the County by the due date unless other circumstances warrant. The finance di- rector shall determine whether or not the discount for cash payment is more beneficial than payment of the billing's due date. The finance director shall periodically review the disbursement cycle and changes shall be instituted if the disbursement cycle can be extended. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 18 41 CASH MANAGEMENT POLICY The finance director shall develop a system of inventory and supply controls to ensure that the materials on hand a re sufficient to keep the County operat~ ing in an efficient manner. Should these levels become excessive, the fi- nance director shall reduce orders for inventories and suppl!ies until an ac~ ceptable level is reached. The finance director shall issue payroll checks bi-weekly. In addition, the fi- nance director shall submit payroll taxes on the due date. The finance director shall constantly review supplier contracts, etc.. to ascer- tain whether or not the County is paying only for goods and services received or rendered. 6.0 Banking Relations This section of the plan is designed to help the finance director develop and implement procedures to create mutual!ly beneficial banking relations with lo- cal! financial institutions. 6.1 Request for Proposal for Banking Services (RFP) The RFP wi II solicit bids from financia I institutions which wish to obtain the County's banking business. The RFP shall require information on what services can be provided to the unit and the cost associated with such services. The RFPs shal!l be compared and the financial institu- tion selected as the official depository shall receive the County's bank accounts for a period of five years. The County should generally maintain three bank accounts; a tax transfer account" a cash concen- tration account, and an ,imprest payroU account The Board of Com~ missioners will designate the selected financial institution as the offi- cial depository for the County. The Finance Director shall sign for the County a contract with the official depository establishing the banking services and costs that wiU be applicable to the County and what con- ditions will necessitate termination of the contract. New Hanover County Policy & Procedures Manual Amended 05114/07 Page 19 42 CASH MANAGEMENT POLICY 7.0 Monitoring and Reporting on the Plan The objective of this section of the plan is to devise a systematic reporting schedule to the governing body and to provide a schedule for the systematic review of the Plan itself to make necessary amendments and changes. The finance director shall report monthly to the County manager concerning the status of investments. The finance director will report on the custody and safekeeping of County investments stating how the safekeeping arrang,e- ments are structured. Losses or potential losses on the liquidation of invest- ments shall be disclosed after the loss becomes known. The finance director shall report monthly to the County manager concerning the adequate collateralization of the County moneys. The finance director will report on which deposits are covered under the Dedicated method of col- lateralization and those deposits covered under the Pooling method. The fi- nance director will report any cases where collateral held by a Dedicated method financial institution ha.s declined to a level that was materially less than the value of deposits. Only in rare instances should a Dedicated method be used. The finance director shall report to the County manager any changes ,in bank service charges and the amount of additional moneys required to offset the increased banking costs. The finance director shall also report to the County manager concerning the issuance of a Request for Proposal for Banking Services (RFP) and recommendations for selection of an official depository once the RFPs have been analyzed and compared. The finance director shall semiannually submit the LGC-203, Report of Cash Balance to the secretary of the Local Government Commission pursuant to G.S. 159-33. This information, with appropriate explanations, shall also be reported to the County manager after each report has been submitted to the Local Government Commission. Each year the plan shall be reviewed by the Finance Director during budget preparation. The Finance Director shall report to the County manager any New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 20 43 CASH MANAGEMENT POLICY amendments that have been adopted, any procedural changes that have been made, and any actions to be recommended to the Board to enhance the cash management plan. The finance director shall report monthly to the County mana.ger any devia~ tions from the cash management plan and efforts undertaken to ensure that such deviations do not reoccur. New Hanover County Policy & Procedures Manual Amended 05/14/07 Page 21 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 7 Estimated Time: Page Number: Department: Emergency Management Presenters: Warren Lee, Sterling Powell Contact: Warren Lee SUBJECT: Approval of Amendments to the Bylaws of the New Hanover Public Safety Communications Center (NHPSCC) BRIEF SUMMARY: The New Hanover Public Safety Communications Center Policy Board requests final approval of the following changes to the New Hanover Public Safety Communications Center (NHPSCC) Agreement and Bylaws: Paragraph 1; Add Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach and UNC-Wilmington as signatories to the Agreement and Bylaws Article IV, Section 1; Add Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Wrightsville Beach Police Department, University of North Carolina Wilmington Police Department, and New Hanover County Emergency Management as voting entities, bringing the total number of voting entities up to thirteen (13). Only appointees and their alternates may vote for the listed entities. Atricle VI, Section 1; Add Item D; The NHPSCC Board is responsible for authorizing use of the 800 MHz radio system by requesting agencies and establishing procedures for developing radio programming templates. Article VIII, Section 3; A quorum shall consist of six (6) of the appointed voting members of the NHPSCC Board. Delete: a maioritv The NHPSCC Board approved the changes on March 22, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve amendments. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ draft of agreement b}'laws.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: 45 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-D. 46 DRAFT (4-30-07) NEW HANOVER PUBLIC SAFETY COMMUNICATIONS CENTER POLICY BOARD (NHPSCC) AGREEMENT AND BYLAWS THIS AGREEMENT, is made and entered into by and between NEW HANOVER COUNTY; CITY OF WILMINGTON; TOWN OF CAROLINA BEACH; TOWN OF KURE BEACH; TOWN OF WRIGHTSVILLE BEACH; UNC~WILMINGTON; and THE NEW HANOVER HEALTH NETWORK, all of the above being signatories to this agreement. WHEREAS, New Hanover County is an existing governmental structure encompassing the entire geographic, economic, and population region to be served, and has established a Communication Center with the capability of providing consolidated communication services to the parties who are signatories to this agreement. NOW THEREFORE, the parties agree to follow the bylaws for the purposes of administering and providing consolidated communication services for the parties, hereby benefiting them in terms of efficiency and economy. -1- 47 BYLAWS ARTICLE I - NAME Section 1 The name of the organization will be the New Hanover Public Safety CommunicatIons Center Policy Board, hereafter referred to as the "NHPSCC", ARTICLE 11- PURPOSE Section 1 The purpose of this board is as follows: A. To act as a pollcy board to the Public Safety Communications Director, and through that coordinator, to the New Hanover County Commission, hereafter referred to as the "Commission", in regard to emerg.ency dispatch services in New Hanover County. B. To coordinate the dispatch needs and requirements of an public safety agencies utilizing NHPSCC. C. To review policies for the efficient and effective operation of NHPSCC subject to the Commission's final approval. ARTICLE lIII- AUTHORIZATION Section 1 The authorization for creating a joint provision of communications servi,ces is based on Article 5, Chapter 153-A-76, of the Code of North Carolina, 1973 and other applicable statutory authority. -2- 48 ARTICLE IV - MEMBERSHIP Section 1 Each of the following entities may designate an appointee to serve as a member of the NHPSCC Board: 1. New Hanover County Manager's Office 2. New Hanover County Sheriff 3. New Hanover County Fire Services 4. City of Wilmington City Manager's Office 5. City of Wilmington Police Department 6. City of Wilmington Fire Department 7. New Hanover Regional, Emergency Medical Services 8. Town of Carolina Beach 9. Town of IKure Beach 10. Town of Wrig,htsviUe Beach 11 Town of Wrig,htsville Beach Police Department 12. New Hanover County Emergency Management 13. University of North Carolina at Wilmington Police Department Section 2 The Public Safety Communications Director and New Hanover County IT Director shall parti:cipate in the meetings of the NHPSCC Board as non-voting participants. Section 3 All appointments to the NHPSCC Board shall be made In writing by the appointing entity (Town, Department, etc.). Section 4 All appointments shall become effective at the first meeting of the NHPSCC Board following receipt of the letter from the appointing entity and formal transmittal ,of the letter to the Chairman of the NHPSCC Board. ~3~ 49 Section 5 Notice of new appointees shaH be the first order of business at all regular meetings of the NHPSCC Board and shall be appropriiately entered in the minutes. The new appointee will be eligible to vote on all subsequent NHPSCC Board actions, Section 6 Alternate members will be recognized as the voting members of that particular agency or organization, only in the event that the Chairman of the NHPSCC Board has received notice of the inability of the regular voting member to attend. ARTICLE V - OFFICERS Section 1 The officers of the NHPSCC Board shall be the Chairman and Vice~ Chairman; the Public Safety Communications Director shall serve as Secretary to the Board. Section 2 Officers will be elected from the membership of the Board at the first regular meeting in July of each year. Section 3 Officers will be elected by a majority of persons voting,. New officers will assume office immediately following election. Section 4 In the event a vacancy occurs, the vacancy shall be filled by a majority of the persons voting, and the officer selected shall fill the remainder of the office. A. CHAIRMAN - The Chairman shall be the chief officer of the Board and preside at all meetings of the Board. The Chairman shall have the general powers and duties and management usually vested in the office of Chairman of any organization; and be an ex-offiCio member of all committees, and have such other duties and powers as may be described by the Board or these Bylaws. -4- 50 1. Among the general duties described above, the Chairman is specifically authorized, with the approval of the Board, to create subcommittees as needed. The Chairman may either propose the subcommittee as a motion during a meeting of the Board, or poll the Board members via e-mail. A paper record of any electronic votes shall be maintained by the Chairman, for inclusion in the minutes during the next meeting. A simple majority of the Board will suffice for approval of the subcommittee. At least one Board member shall serve on each subcommittee, with the Chairman having ultimate discretion, subject to the County Manager and Commission, as to which Board members serves on each subcommittee. B. VICE-CHAIRMAN - The Vice-Chairman shall perform the duties and exercise the same powers as the Chairman in the event the Chairman is absent and/or unable to carry on those responsibilities. The Vice-Chairman shall perform such other duties as may be prescribed by the Chairman. C. SECRETARY - The Secretary shall provide staff to keep the minutes of the various meetings, prepare correspondence, and notify members of regular and special meetings. The Secretary shall also perform other duties as from time to time may be assigned to him or her by the Chairman. ARTICLE VI- RESPONSIBILITIES AND DUTIES Section 1 The NHPSCC Board is specifically charged by the Commission with the following responsibilities and duties: A. The NHPSCC Board is subject to the direction of the County Manager and is responsible for reviewing the applications and interviewing candidates for the position of NHPSCC Public Safety Communications Director and recommending at least 3 names in priority order to the County Manager, from which he may make a choice and appointment. If all candidates are either unacceptable to the Manager or unavailable, that information will be given to the Board. The Board shall then -5- 51 complete the process required to submit a new list of qualified candidates to the Manager, from which the Manager may make a choice and appointment Ultimately, the County Manager has the responsibility and authority for appointing the NHPSCC Public Safety Communications Director. S, The NHPSCC Soard is responsible for reviewing the annual budget for the NHPSCC operations, as proposed by the Public Safety Communications Director, and making recommendations to the Manager on that budget C. The NHPSCC Board is responsible for reviewing standard operating procedures developed by the Public Safety Communications Director and keeping the Commission informed of any situations or circumstances which might reduce the service capability or performance level of the 911 dispatch system. D. The NHPSCC Board is responsible for authorizing use of the 800 MHz radio system by requesting agencies and procedures for developing radio program templates. ARTICLE V11 - ADMINISlRA liVE ORGANIZA liON Section 1 The County Mana.ger bears ultimate responsibility for the operation and performance of NHPSCC. However, for routine administrative purposes, NHPSCC will be organized under the Public Safety Communications Director. Section 2 The Public Safety Communications Director who has been assigned administrative responsibility for NHPSCC shall: A. Be responsible for keeping the NHPSCC Board informed of NHPSCC operations, problems, procedures, and any other factors which would bear on the service and performance of NHPSCC. -6- 52 B. Be responsible for having policy issues reviewed and approved by the NHPSCC Board. C. Be responsible for providing necessary clerical support for NHPSCC Board meetings and activities. D. Be responsible to meet with the NHPSCC Board on a regular basis. E. Be responsible for preparing the annual budget for NHPSCC and submitting it to the NHPSCC Soard for their comments and recommendations prior to it being submitted to the County Manager. F. Se responsible to work with, and act as a liaison for the NHPSCC Board and the County Manager's office. G. Work with the NHPSCC Board on the annual evaluation of the system and delivery of service, for submission to the Committee. H. Serve as an Ex-Officio Member of the NHPSCC Board. Section 3 All personnel decisions involving the Public Safety Communications Director such as hiring and termination of the same shall be the responsibility of the County Manager or his designee. ARTICLE VlII- MEETINGS Section 1 Regular monthly meetings will take place at a time to be determined by the NHPSCC Board. Section 2 Special meetings may be called by the Chairman or by a request of a majority of the members. -7- 53 Section 3 A quorum shall consist of six (6) of the appointed voting members of The NHPSCC Board. Section 4 Voting shall be done in person, with the exception of A, subsection 1, in Article V above. Section 5 Members shall be notified of meeting by the Secretary of the NHPSCC Board no less than three (3) days before the meeting. Section 6 The meeting shall be governed by the rules set forth in Sections two (2) through five (5) of this Article. ARTICLE IX - ORDER OF BUSINESS Section 1 All meetings shall be conducted in accordance with Roberts Rules of Order. Section 2 The following order of business shalll be observed at all regular meetings of the NHPSCC Board: A. Roll Call; B. Recognition of new members; C. Minutes of preceding meeting and action thereon; D. Unfinished Business; and E. New Business ARTICLE X - AMENDMENTS Section 1 These Bylaws may be amended by a vote of the majority of the membership of the NHPSCC Board at an official meeting of the organization, provided notice of such amendment{s) and the nature thereof has been given to all members of the NHPSCC Board at least one (1) month prior to the date of the meeting at which the amendment(s) are to be considered. -8- 54 Section 2 All Bylaw changes approved by the NHPSCC Board are subject to the final approval of the New Hanover County Commissioners. Section 3 The New Hanover County Commissioners reserve the right to unilaterally amend or rescind any and all portions of these Bylaws. Section 4 This hereby repeals any previous Bylaws promulgated by the parties hereto. -9- 55 These bylaws are hereby approved and adopted this _ day of ,2007. These bylaws are hereby approved and adopted by the following representatives of the New Hanover Public Safety Communications Center (NHPSCC): Chairman, New Hanover County Board of Commissioners Date Mayor, City of Wilmington Date President and CEO, New Hanover Health Network Date Mayor, Town of Carolina Beach Date Mayor, Town of Kure Beach Date Mayor, Town of Wrightsville Beach Date Vice-Chancellor for Business Affairs Date University of North Carolina at Wilmington -10~ 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Consent Item #: 8 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2007: 07 -239 - Department of Social Services 07-252 - Board of Elections/Governing Body 07-253 - Non-Departmental/General Government RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinances for the budget amendments listed in the summary above. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2007. ATTACHMENTS: ~ ~ ~ ........ ........ ........ . .. . .. . .. 07-2395-22-07.doc 07-2525-22-07.doc 07 -253 5-23-07. doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-0. 57 AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-239 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -239 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Special Child Adoption Fund Department: Social Services Exnenditure: Decrease Increase Adoption Assistance: Special Child Adoption $67,500 I B I Total $67,500 Revenue: Decrease Increase Adoption Assistance: Special Child Adoption $67,500 Total $67,500 Section 2: Explanation To budget additional state funding received for the Special Child Adoption program. The funds are used toward expanding or enhancing services in an effort to provide permanency for children. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-239 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 58 AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-252 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -252 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Board of Elections/Governing Body Exnenditure: Decrease Increase Elections: Capital Outlay - Equipment $59,699 I B I Total $59,699 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $59,699 Total $59,699 Section 2: Explanation On January 23, 2006, the Board appropriated County funds to supplement state HA V A funds to upgrade the existing election equipment to meet state standard. The upgrade is completed and the unused funds of $59,699 are being returned to fund balance. With approval of this budget amendment, $16,621,103 offund balance will be appropriated in FY 06-07. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07 -252 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 59 AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-253 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -253 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Non- Departmental/General Government Exnenditure: Decrease Increase Non-Departmental: Contribution - NC Beach, Inlet & Watenvay Assoc. $60,000 I B I Total $60,000 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $60,000 Total $60,000 Section 2: Explanation To budget General Fund balance for the County's share of dredging the Carolina Beach Inlet. Funding of the project with 60% County/40% Beaches was approved by the Commissioners on May 21, 2007. With approval of this budget amendment, $16,740,802 offund balance will be appropriated in FY 06-07. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-253 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 60 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of "Elder Abuse Awareness Month" Proclamation 63 5:45 p.m. 2.1 Public Hearing on the FY 2007-2008 Recommended Budget 67 Review Funding with Specific Organizations Public Hearing 6:45 p.m. 2.2 Public Hearing 69 Rezoning (Z-862, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-lO Residential District (Continued from the May 7,2007 Commissioners meeting) 7: 15 p.m. Break 7:25 p.m. 2.3 Public Hearing 77 Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or Near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD{R-15) Conditional Residential District (Continued from the May 7, 2007 Commissioners meeting) 7:55 p.m. 2.4 Public Hearing 103 Conditional Rezoning (Z-863, 5/07) - Request by Withers & Ravenel for Dajo Corporation to Conditionally Rezone Approximately 12 Acre Located at 5705 Carolina Beach Road Adjacent to Existing B-1 Neighborhood Business District and in the Transition Land Classification from R-15 Residential District to CD{B-l) Conditional District Neighborhood Business with a Potential Range of3 Commercial Uses Proposed 8:25 p.m. 2.5 Public Hearing 115 Rezoning (Z-864, 5/07) - Request by Withers & Ravenel for Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins, and Claude Taylor to Rezone Approximately 16.45 Acres Located at 511,600,613,615,618,622, & 625 Vallie Lane in the Urban Land Classification from R-15 Residential District to R -10 Residential District 8:55 p.m. 2.6 Public Hearing and Consideration of the Flemington Soccer Complex 123 Interlocal Agreement 9: 10 p.m. 3. Consideration of Lease of Property 125 9:20 p.m. Break 9:30 p.m. 4. Appointment of Voting Delegate to the NACo Annual Conference 135 9:35 p.m. 5. Meeting of the Water and Sewer District 137 61 9:45 p.m. 6. Non-Agenda Items (limit three minutes) 9:50 p.m. 7. Additional Items County Manager Commissioners Clerk to the Board County Attorney 10:00 p.m. 8. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Notice of Temporary Meeting Location Change The Board of Commissioners will conduct their meetings in June, July and August 2007 at the New Hanover County Government Center so that renovations may be completed at the Historic Courthouse. The meeting location details are: New Hanover County Government Center 230 Government Center Drive, Suite 135 Human Resources Training Center Room 401 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 1 Estimated Time: Page Number: Department: Aging Presenters: Annette Crumpton, Jane Jones Contact: Annette Crumpton SUBJECT: Consideration of "Elder Abuse Awareness Month" Proclamation BRIEF SUMMARY: In May of 2006, area professionals serving the senior population, organized and formed the Cape Fear Elder Abuse Prevention Network. The goal of the Network is to raise awareness of Elder Abuse through educational presentations to community groups on how to identify this mistreatment and how to help in the prevention of Elder Abuse. June is the national Elder Abuse Awareness Month. We are requesting the New Hanover County Commissioners to adopt a proclamation to recognize June as Elder Abuse Awareness Month in New Hanover County. On behalf of the Cape Fear Elder Abuse Prevention Network we thank you. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Proclamation ~ ........ ... . Elder ,4buse Proclamation.doc Letter to Commissioners ~ ........ . .. Commissioners. let E IderAbuseProclamation. doc REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-D. 63 -- New Hanover County Department of Aging 2222 South College Road Wilmington, NC 28403 Telephone (910)-798-6400 FAX (910)-798-6411 www.nhcgov.com Annette Crumpton Director New Hanover Board of County Commissioners 230 Government Center Drive Wilmington, North Carolina 28403 Dear New Hanover Board of County Commissioners: In mid 2006, a group of area professionals serving the senior population organized and formed The Cape Fear Elder Abuse Prevention Network. Our goal is to raise awareness of Elder Abuse through educating the community on the forms of Elder Abuse, how to identify this mistreatment and how to help in the prevention of Elder Abuse. June is Elder Abuse Awareness Month nationaUy and the network has been hard at work planning educational materials, displays and events for our community to raise awareness. Billboards, radio, television and print exposures are being sought. Fact sheets, wallet sized pocket cards and index sized cards have been developed for distribution at forums, information booths and in educational displays at area libraries, banks, senior centers, churches and festivals during the month of June. We are requesting the New Hanover County Commissioners adopt a resolution at the June 4, 2007, Commissioner's meeting proclaiming June as Elder Abuse Awareness Month in New Hanover County. A Co-Leader of our Network and I along with other members plan to attend the Commissioners meeting on June 4th to receive the written proclamation. We hope the work of the Cape Fear Elder Abuse Prevention Network makes a significant contri bution towards the prevention of Elder Abuse in our area. Please join us in this effort. Sincerely, Annette Crumpton "'''_''''___~..m_''''<M'___'a____.__,...___ -~"""""'" 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, Elder Abuse is the broad term used to identify mistreatment of elderly and disabled adults, and abuse and neglect of elderly and disabled adults is one of the most under-recognized and under-reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: Physical Abuse, Emotional Abuse, Sexual Abuse, Neglect by a Caregiver, Self-Neglect, Exploitation, and Financial Exploitation; and WHEREAS, between 500,000 to 5 million people suffer Elder Abuse every year; and WHEREAS, it is estimated that approximately one out of every 14 cases of Elder Abuse is reported; and WHEREAS, Elder Abuse is preventabl.e. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2007 be recognized as "ELDER ABUSE AWARENESS MONTH" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of Elder Abuse. ADOPTED the 4lh day of June 2007. - William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board ,-.",--,,-^._---- 65 This page intentionally left blank. 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contacts: Bruce Shell, County Manager Cam Griffin, Budget Director Item Does Not Require Review SUBJECT: Public Hearing on the FY 2007 - 2008 Recommended Budget BRIEF SUMMARY: On Monday, June 4, 2007, the Board of County Commissioners will review the FY 2007 - 2008 recommended funding with specific organizations, and following will hold a public hearing at 5:45 p.m. to receive public comments on the FY 2007 - 2008 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: On Monday, June 4,2007, review the FY 2007 - 2008 recommended funding with specific organizations, and hold a public hearing at 5:45 p.m. to receive public comments on the FY 2007 - 2008 Recommended Budget. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Review funding with specific organizations and conduct a public hearing. COMMISSIONERS' ACTIONS/COMMENTS: Reviewed funding with specific organizations and conducted public hearing. 67 This page intentionally left blank. 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning (Z-S62, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-10 Residential District BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the requested rezoning. Three adjacent residents expressed concerns relating to the potential for small lot sizes adjacent to a conventional older subdivision (Brierwood); increased traffic; and the potential to exacerbate existing drainage problems in the area. The item was on the May 7, 2007 agenda and was continued to the June 4, 2007 at the request of the petitioner. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ . .. . .. Z -862-5 laff 5 ummar}'. doc Z -862-Pelition 5 ummar}'. doc adjacent property owner map and "applicant materials" (petitioner application) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn at the request of the petitioner. 69 CASE: z..862, 4/07; PETITIONER: Withers & Ravenel for Louise M. Stevens REQUEST: From R-15 Residential District to R-IO Residential District ACREAGE: Approximately 9.25 Acres LOCATION: 4451 and 4453 Gordon Rd. LAND CLASS: Transition PLANNING BOARD ACTION: At its AprilS, 2007 meeting, tbe Planning Board voted 7-0 to recommend approval oftbe requested rezoning. Tbree adjacent residents expressed concerns rel.ating to the potential for small lot sizes adjacent to a conventional older subdivision (Brierwood); increased traffic; and the potential to exacerbate existing drainage problem.s in the area. ST AFF SUMMARY The subject property is located in the northern portion of the county in all area classified as Transition on the 2006 CAMA Land Classification map. The property is on the westernmost segment of Gordon Road, west of IAO and near the intersection with Brierwood Drive. Gordon Road is a collector road on the thoroughfare plan. Level of service has been rated A&B along this segment,. meaning traffic flow is free and stable. The subject property is currently single family residential. Adjacent to the east is Brierwood Subdivision which is zoned R-I O. The Airport Residential z..oning district abuts on the west side but the property is not within the airport approach zone. The subject property is located within the Smith Creek watershed drainage area. The property is not influenced by flood hazard. The site is in a primary or secondary recharge area for the principal aquifers. County water and sewer are in place in the vicinity. Land Use Plan Considerations: This rezoning petition proposes a change from lower density R-15 Residential with a maximum of 2.5 units/acre performance and 10.2 units/acre high density to R-IO Residential with a maximum density of 3.3 units/acre performance and 17 units/acre high density. Such action would result ill the following possible density scenarios: Units (Performance) Units (High Density w/SUP) R-15 23 94 R-IO 31 157 70 The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS lS3A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is eonsistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest. " EXAMPLE: The County Commissioners find that this request for zoning map amendment from R-l 5 Residential to R-l 0 Residential District is (or is not): I. Consistent with the purposes and intent of the Community land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in tbe public interest to allow an increase in density from 2.5 units per acre to 3.3 units per acre based on the availability of urban services and adjacency to existing R-l 0 zoning. 71 Case: Z-862, 04/07 Petition Summary Data OwnerlPetitioner: Withers & Ravenel for Louise M. Stevens Existing Land Use:. Residential Zoning History: Area 8B (July 7, 1972) Land Classification: Transition Water Type: County Sewer Type: County Recreation Area:. Ogden Park Access & Traffic Volume: Gordon Road (conector) ADT 4,799 (4/05) LOS A&B Fire District: Wrightsboro VFD Watershed & Water Ouality Classification: Smith Creek Watershed; C(SW) Aquifer Recharge Area.: Primary or Secondary Recharge area of the principal aquifers ConservationlHistoricl Archaeological Resources: None Soils: Se- Seagate fine sand; Be-Baymeade fine sand Septic Suitability: Class II - moderate limitations Schools: Blount Elementary 72 I .............. .~.1. I I J I f~~-= I . . ~ --L..j , -r---- II ..,....- ~oaJ If IIiOtI..-..... 11II 0...... _. ..~. ... ._-~ -- .....;---- .~~' __I _ ~ ~--::y.~ ~/'j::t;)~ ,~f::- J //~~q~;'LH) ..'Y;;;, ;htf--' -7 ~".,?\;- ...'....) ,_~,;: ..... 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IT ii' L I ,~ ~ --------' -, -~-'- rI / ~~N --,,-, "0 ~ !D" "0 g .i!i .:v ~,~,~ ~ . '-=---" '" l ai '" -~ .N ! 'I'" '--- -- '~---,~, ~ ~ f ::" " ' _ ,t,' , ,: ; ,! :: ~..J" ''-'~'_ ,_ <>." ... '.r~ '~. """" '....!..!~.. 'J ',~ '.'. '.,' ,.!:i',.' '. " ',., II~.I. - --~- ' j-- ... '" -!" I'" lji;; 1<.> I ,'" lol! " '!Ie' 'I'" · ' i< '10: -:-~~/ !b od ' " ' '~M il!e \~ l:j I; i'" i j" jLL (;I} .'--... - \ ~ ~.' ] ! i,l.i.~ i~ i~.~ i~ II~ 1~..li!!~ I~.IU I !.~! I~. I~ ~, , -:! b;-;:: X 2j1 ~:ii'~il~iaJ!W .~ t>i~'il~ ,ell IZI"luJh ~ ~ '----J ~li -tilllllllillhlnu IUnUli ,t-: ~ ; ~ 73 , APPLICANT MATERIALS 74 WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. The g.overning b.oard is required ta adapt statements that the change is .or is n.ot c.onsistent, reasonable, and in the public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your request satisfies each ofthe following requirements: (Fill in Below or attach additional pages). l. How would the requested change be consistent with the C.ounty's Palicies far Growth and Develapment? The policies for growth and development encourage safe and affordable housing to be available to every citizen, Rezoning this property for a slightly higher-density of residential development would be consistent with the concept of transltioning uses, and in-filling vacant parcels where existing utilities can readily be extended and urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classificati.on Map? The CAMA Land Use Plan identifies these tracts as being in a Transition Land Classification. the intent of this classification is provide lands for future intensive urban development that are, or wiU be provided with necessary urban services, 3. What significant neigbb.orb.oad cbanges have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Development of the Murrayville area has been active in the past several years. The adjacent subdivision of Brierwood is zoned R-1,O. Sanitary sewer mains have been constructed along Gordon Road, providing service from a public system, where previously the only option was individual septic systems. Public water is also available. The property is near the hi.ghway interchange for easy access to major transportation corridors into, and out of, the City. 4. How will this change of zoning serve the public interest? Infill of vacant properties with services and transition of uses in developed areas are important strategies to quell the inherent problems of the past urban sprawl. In signing this petitian, I understand that the existing zoning map is presumed to be carrect and that I bave the burden .of proving why a change is in the public interest. I further understandtbe singling aut .of .one parcel .of land f.or special zoning treatment unrelated ta C.ounty policies and the surrounding neighborhood would probably be il.legal. I certify that this a.pplicati.on is camplete and that all inf.ormatian presented in tbis applicati.on is accurate to the best .of my knawledge, infarmatian, and belief. ~t,\)V . ~:Y\~~~ W o\.\- Signature 0 Petitioner.amttor pr6perly Owner Print Name ~~..... Page 201'2 ZMA-02/07 75 This page intentionally left blank. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, PA for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of7-0. One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer. The item was continued to June 4,2007 at the May 7,2007 meeting at the request of the petitioner. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the zoning is approved, the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: [gm ~ ........ . .. Z-838 Staff Summar}'-Findings of Factdoc Z-838-Petition Summar}',doc adjacent property owner map, "Applicant Materials" (petitioner application), S. Burgess letter, Z-838 order (2006), and site plan ITEM DOES NOT REQUIRE REVIEW 77 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was continued. 78 CASE: Z-S38, 4/06; modification 4107 APPLICANT: Mason Landing Yacht Club REQUEST: R-20S Residential to CD (R-15) Residential Add 7.69 Acres to existing 11.46 acres Add 18 residential units to existing 25 units for total 43 units ACREAGE: Modified total 17.66 acres land area and 1.49 ac.res water LOCATION: 2029 Turner Nursery Road LAND CLASS: Watershed resource Protection and Consen-ation-The purpose of the Consen-ation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting tbe rights of the property Owner. Management ofthese areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. PLANNING BOARD ACTION: At its AprilS, 2007 meeting, the Plann.ing Board recommended approval ofthe request by a vote of7~O. Oue adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes One additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer. STAFF SUMMARY: The property is located on Turner Nursery Road approximately V. mile east from Middle Sound Loop Road. The current land use on the site is vacant land. Last year 11.46 acres were conditionally rezoned from R~20 to R-15 for 25 residential units and the commercial marina with up to 60 wet slips. All ofthe surrounding properties are zoned R~20S. Properties west of Middle Sound Loop Road in this general vicinity are zoned R-15 residential. The applicant proposes adding 7.69 acres to an existing CD (R~ 15) district. The recent conditional rezoning maintained the commercial marina with 60 wet slips and proposed 25 housing units, This zoning change can be consistent with the county's policies for growth and development provided the overall project density is limited to 2.5 units per acre and the overall impervious coverage is limited to 25%. NOTE: At the Planning Board meeting, the applicant's attorney expressed the desire to keep the old boat ramp on the property for the purposes of emergency use during stonn events. The May I, 2006 approval included a statement by Mr. Shanklin that ". . .due to concerns oCthe neighbors and limiting the impervious surface, the boat ramp has been removed from the proposed project" In response to questions by the Planning Board relating to control of the proposed "emergency only" use, applicant indicated the ramp could remain chained off when not being used for emergency purposes. He stated they would not "use the ramp every day" but only in emergency transactions and situations. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS :I!S3A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing 79 wbether the action is consistent with an adopted com.prehensive p,lan and explaining why tbe board considers tbe action taken to be reasonable and in the public interest." EXAMPLE: The County Com.missioners find that this request for zoning map amendment of 7.69 acres from R- 20S Residential District to CD(R-15) Conditional District is (or is not): I. Consistent with the purposes and intent of the Watershed Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; 2. Rea~Qnable and in the public interest to allow addition of acreage outside the flood plain to an existing conditional residential district with base density of25 units per acre in this location and under the terms and conditions outlined in a companion special use penn it. Because this is a modification to a conditional district, staff has the following findings offact for your consideration and for the petitioner's concurrence: Preliminary Staff Findings 1. The Board must find that the use as modified will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. k The added property would be served by the southside treatment plant through the NEI which is currently under moratorium. Private sewer and private water will be provided by the developer. B. The property to be added is not in the IOO-year floodplain. C. Access to the property is from Mason Landing Road via Middle Sound Loop Road D. Fire service is available from the Ogden Fire Department. E. The applicant stated that each property within the subdivision will be served by a wet slip within the marina approved under Special Use permit S-556. F. Applicant stated that if the ramp were allowed to remain in place for emergency purposes only, it could remain chained except when used for those purposes, 2. The Board must find that the use as modified meets all required c::onditionsand spec::ific::ations of the Zoning Ordinanc::e. A. The modified site plan shows a total of 43 residential units, the maximum number allowed under Performance Residential in an R-15 could be 44. R The proposal increases the project area by 7.69 acres or 44% and the number of units by 42% C. The amount of recreational space (common area) for the original plan was 2.7 acres, The modified plan proposes 4.6 acres. D. The amount of impervious surface for the original plan was 24.9%. The modified plan shows impervious surface area at 23.4% for an overall reduction. E. The pmking requirement is satisfied. F. No buffering is required. 3. The Board must find that the use as modified will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted at the time of these preliminary findings that this project will decrease property values of commercial uses nearby. 80 B. The land use on this new addition has been primarily vacant land within a Residential R-20S zoning district. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and apPf\oved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2005 CAMA update identifies this area as Conservation and Watershed Resource Protection B, Residential development at the proposed R-15 density occurs mainly in the areas on the interior of Middle Sound Loop Rd. The existing R-20S is established to foster an "exurban, low density lifestyle" where public services are not available. Suggested Conditions L Staff supports the Planning Board recommendation for additional buffering to separate the development from Register Place. 2. Staff supports allowing the boat ramp to be reestablished under S-556 for emergency use during storm events, Use at other times would be prohibited in accordance with the applicant's presentation. ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plaus or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 81 Case: Z-838,04/07 Petition Summary Data OwnerlPetitioner: Mason Landing Yacht Club ExistingLand Use: Commercial Marina and vacant land Zoning History: May 18, 1970 (#3); May 1,2006 rezoned to CD{R-15) Land Classification: Watershed Resource Protection and Conservation Water Type: Private community well Sewer Type: County Sewer (commitment for 17 of the original lots ) plus septic for the remainder until public is available Recreation Area: Ogden Park Access & TrafficVolume: Middle Sound Loop and Bailey Roads-I06 ADT (04/05) Middle Sound Loop Road LOS is A&B in this segment, meaning traffic volume is well under capacity of the roadway. Fire District: Ogden VFD Watershed & WaterOuality Classification: Pages Creek-SA waters Aquifer Recharge Area: Shallow water table, fresh water over salty water Conservation/Historicl Archaeological Resources: N/A Soils: Seagate fine sand; Leon soil; Murrayville fine sand -Class II and Class III respectively Septic Suitability: Moderately Suitable to severe limitations Schools: Ogden Elementary 82 .ill. "' ~ a: z o. ::E ,-,ill c '" ~ .~ ~ ;a ~ "- 'lfli "Cg~~ ill! ~.~~ c: .;0::' Ql. N '" ..~ ~!~ i' . Ii -~~ .'. !$Z ....J *. J ...... .1;f- ~ o 11." = .. O"'~ uQ:ii: "'c o a...1II',l :i ~i~ .+. co ~. "" ~ M "g~ co ~i= N B: 83 APPLICANT MATERIALS 84 EXHIBIT "A" TO PETITION FOR CONDITIONAL USE ZONING DISTRICT CLASSIFICATION OWNER! PETITIONER: Mason Landing Yacht Club, LLC AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: March 8, 2007 PROPERTY: 2029 Turner Nursery Road Wilmington, NC New Hanover County Hereinafter referred to as the "Property" A. REZONING ISSUES AND THE COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT 1. How would the requested chauee be consistent with the County's Policies for Growth QtldDevelQlJmen/? The subj ect property is composed of 19.15 acres total developable area composed of 1.49 acres as natural water features for a net developable area of approximate 17.66 acres located off Middle Sound Loop Road on Turner Nursery Road, north of Wilmington, and is more particularly described in the attached legal description and the site plan enclosed with the rezoning application. In May of 2006, 11.46 acres of this site was rezoned to CD R-15 Residential Conditional Use District rezoning [Case No. Z-838 (May 2006)] and Special Use Permit [Case No. 8-556 (May 20(6)]. The project is the Mason Landing Yacht Club Development. The new proposal incorporates the previous 11,46-acre tract and expands the footprint of the Mason Landing Yacht Club Development (sometimes referred to hereinafter as "Original Property") to incorporate adjoining property to better develop these adjoining properties, which 85 can be served by the marina located within the Original Property. The proposed rezoning of this site would be consistent with the County's Policies for Growth and Development (hereinafter "Land Use Plan"). Specifically, the proposed rezoning of the additional 7.69 acres, more or less, ("Supplemental Property") from the current classification of R-20S to CD(R-15) will be in hannony with the overall development of the area and compliment the existing Mason Landing Yacht Club Development. Please see generally the Applicant's corresponding Special Use Permit Application. 2. How would tbe reQuested zone cbaoee be consistent witb tbe property's classification onJbe Land Classirlcation MaD? The Property's classification on the Land Classification Map is "Resource Protection." Even though classified as Resource Protection, rezoning the Supplemental Property to CD(R.15) to be consistent with the Original Property would be consistent with the Land Use Plan and would expand the goals cited by the County Commissioners in approving the Mason Landing Yacht Club Development rezoning and special use permit in May of2006. A substantial portion of the Original Property has been under a special use permit (Special Use Permit No. 67, as amended) since 1973 and used as a commercial marina. Consistent with the May 2006 rezoning of the Original Property to the conditional use district classification, the Supplemental Property will complement the central design of water and sewer services and will control the stormwater and protect the natural resources on this site with the careful design of residential home sites and an integration of these home sites with the commercial marina providing boat slips for the homeoVv11ers as well as additional wet slips for rent or sale to the public of the remaining slips. The Applicant requests 43 Units-fewer than the performance residential density calculation of 17.66 acres @ 2.5 units/per acre (R-15), which would yield 44 units. 3. What shmificant neie:hborboodchane:es bave occurred to make tbe oneinal zooin!! in.appropriate. or how is tbe land involved unsuitable for the uses permitted under the existing zonin!!? This rezoning request will not significantly or adversely cause neighborhood changes. Please see generally the Overview section of Exhibit "A" to the corresponding Special Use Permit Application for this conditional district rezoning request. Consistent with the Applicant's previous rezoning of the Original Property, the Applicant's proposed use of the existing marina facility, as shown on the CD(R-15) site plan, will continue the decrease of activity for the marina and property than can generally occur under the previous SUP No. 67-Jobnson's Marine and Boat Sales. All of the attributes of the rezoning and special use permit for the Original Property continue over to this Supplemental Property. The Applicant is essentially seeking to expand its very high quality residential yacht club development by eighteen (18) units from twenty-five (25) unit single family residential units to .2- 86 forty-three (43) units-all to be complemented by the existing marina facility with each residential unit having a corresponding wet slip in the 6Q-slip marina facility. During the rezoning of the Original Property (with the marina) and in response to neighbor concerns, the Applicant eliminated all dry-stack storage of boats from an earlier version of its site plan for the Original Property. By shifting the focus of the Original Property from commercial to residential, the Applicant sought an R~15 zoning designation (2,5 units per acre), which allowed an additional six units on the entire Original Property of 11.46.:1: acres, rather than the 19 units permitted as of right under the R-20S zoning designation (1.9 units per acre). The proposed rezoning for the Supplemental Property is consistent with the Land Use Plan and the goals of the rezoning of the Original Properties. Keeping the entire Property at 2.5 units per acre (R-15) would allow greater flexibility with the site and planned open space as shown on the Site Plan. This small increase in the number of allowable units for the Supplemental Property will essentially allow the Applicant to expand its existing outstanding development with a proposed first-rate clubhouse, pool facility, landscaping and other amenities and components. The perfonnance residential development pattern for the Property at the R-15 level will create an efficient use of this valuable land and enable a better utilization of the marina's 60 wet slips by 43 homeowners rather than 25. The R-15 zoning density is consistent with the County's Land Use Plan for Resource Protection areas. From a utilization and traffic standpoint, the marina will now have more homeowner involvement and less use by non-homeowners. 4. List proPosed conditions and restrictions..that would mitie:ate the impacts of the proposed use. Conditions and restrictions were already developed for the Original Property when this portion of the project was rezoned in May of2006. Additional conditions and restrictions will be developed as this application is processed by the County Planning Department -3- 87 B. WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT OVERVIEW Development Data: Total Development Area - 19.15 ac. Minus Class IV Soils - 0.00 ac. (not applicable) Minus Natural water features- 1.49 ac. (not applicable) Total Development Area - 17.66 ac. Performance Residential Density - 17.66 ac. @ 2.5 units/ac. (R-15) "" Total Units Pennitted- 44 * * 43 Units Proposed * * Area in Right-of-way - 1.52 ac. Area in Lots - 8.09 ac. Area in Open Space - 4.50 ac. Area in Marina - 3.45 ac. Total Tract Area - 17.56 ac. 60 Boat Slips with Proposed Emergency Ramp -4- 88 General ReQnirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." Statement by Applicant: As stated above, in May of 2006, the County Commissioners rezoned a significant portion of the Property-the 1l.46-acre tract rezoned to CD R-15 Residential Conditional Use District rezoning [Case No. Z-838 (May 2006)1 and Special Use Permit [Case No. S-556 (May 2006)] (amending and modifying the previous SUP No. 67 for a commercial marina on the Original Property last amended in 1999). With these previous special use permits for the Original Property, the County Commissioners have determined that the operation of the marina and the residential component at a density level of 2.5 units per acre for the Property "will not materially endanger the public health or safety if located where proposed and developed." In this regard, it is significant to note that the proposed CD(R-15) site plan for the Supplemental. Property with the Original Property is actually a less intense use ofthe entire Property than that allowed under the original SUP No. 67, As discussed with the 2006 hearings for SUP No. S-556, the new Mason Landing Yacht Club project eliminated boat sales, repairs, construction or storage on the Property and has resulted in a remediation of the Property from the intense commercial use to a more environmentally friendly planned residential development In contrast to the previous commercial marina, the Mason Landing Yacht Club CD(R-15) site plan provides for an upscale single-family residential development, with each unit having a corresponding wet slip at the existing marina. The marina is presently undergoing a significant face-lift, including upfitting, landscaping, lighting and other aesthetic improvements to improve the marina facility, common areas and open space to a level commensurate with the high quality homes and clubhouse facility to be constructed. The Applicant has submitted and received certain permits from the Division of Coastal Management and the U.S. Army Corps of Engineers for the marina improvements and is planning to commence work before April I , 2007. With only forty-three (43) residential homes to be offered for the entire Property, each within walking distance of marina, this will be a very high-end development unlike any other in New Hanover County. In short, SUP No. S-556 will continue and be amended to include the Supplemental Property and additional residential home sites. SUP No. S-556 provides for a total of 60 wet slips. During the approval for SUP No. S- 556, the Applicant wanted to eliminate the existing boat ramp; however, it has realized since May of2006 that an emergency boat ramp for this area of New Hanover County is a public need. Accordingly, the submitted Site Plan for the Property contains a modification for SUP No. 8-556 to allow the Applicant to continue the use of the existing boat ramp for emergency situations, especially during hurricanes when access to a ramp is critical to remove boats from the water. -5~ 89 By pursuing its rezoning of the Original Property to CD(R-15), the Applicant will apply the limitations of the County's Zoning Ordinance that strictly limit uses in a conditional use district to the approved use. See Section 59-7-2(2). The proposed use of the entire site as CD(R- IS) will ensure a well planned community for this area of the County. Again, approval of the CD(R-IS) rezoning and site plan for the entire Property essentially eliminates the possibility for a dry-stack storage facility of any significanc.e on any portion of the Property in the future, which has been a concern for the surrounding neighbors in past hearings. With the May 2006 rezoning and special use permit of the Original Property, the County Commissioners opted for a scaled-down version of the then-permitted commercial marina, with less boat storage, less impervious surface, less automobile traffic being generated, better storm water management, and a focus on the residential nature and use of the property. By reason of the foregoing, the proposed use of the entire Property, especially with the Supplemental Property, will "not materially endanger the public health or safety" where it is presently located. In fact, in its 1999 Order, the County Commissioners stated that the marina "has been a vital and integral part of Middle Sound for many decades." (1999 Order at p. 4.) Additionally, since one part of the conditional use is essentially a continuation of the marina use of property over the past several decades, there will be no additional impacts on water quality, primary nursery areas, shellfish grounds or conservations resources, which is a point made by the County Commissioners in its 1999 reaffirmation of SUP No. 67 (See Finding of Facts pJ). The findings of the Commissioners' for SUP No. S-556 continues as applicable to the Supplemental Property to be including with the Original Property to form the entire Mason Landing Yacht Club Development. Commercial marinas are specifically permitted in R-20 and R-lS districts with certain special and general use conditions. Section 23-63 of the County's Zoning Ordinance defines a Commercial Marina as "any dock or basin and associated structures commercially providing permanent or temporary harboring or storing of two (2) or more boats (pleasure and/or commercial) and providing marine services, including, but not limited to, retail sales for fuel, repair, convenient food stuffs,. boats, engine and accessory equipment" The former Johnson's Marina under SUP No. 67 squarely met this definition of a Commercial Marina under the provisions of Section 23-63, and the continuing use of the marina property under the proposed CD(R-IS) Site Plan for the entire Property likewise meets this definition but in a less intensive manner. As affirmed with SUP No. S-SS6, the other uses of the subject Property, apart from the commercial marina, will. be residential, which is a permitted use by right in the R-IS zoning district, carrying over to the CD{R-lS) zoning district. See Section 59-7~2(1). -6- 90 General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. Statement by Applicant: In addition to the foregoing, existing SUP No. 8-556 meets all of the required conditions and specifications of the COWlty Zoning Ordinance and the addition of the Supplemental Property will not impair the conditions and viability of 8UP No. 8-556. A review of the proposed CD(R-15) application and site plan demonstrates that all technical requirements for the R~ 15 zone and development of a commercial marina have been or will be satisfied. General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant As stated above and reflected in existing SUP No. S~556, since this conditional district rezoning request is for the continued use of a commercial marina, together with a residential component, there will not be any significant or adverse neighborhood changes. The overall density will be in keeping with the Resource Protection classification in the 1999 CAMA Plan and the Wilmington-New Hanover County Joint Coastal Area Management Plan (2006 Update) ("2006 CAMA Plan Update") (collectively referred to as "Land Use Plan"). In its 1999 Order, the County Commissioners stated that the marina "has been a vital and integral part of Middle SOWld for many decades." (1999 Order at p. 4.) The Applicant will offer evidence supporting its position that the proposed CD(R-15) will not substantially injure the value of adjoining or abutting property as it did during the hearings for SUP No. S-556. The Applicant, in fact, suggests that development of the proposed project will have a greater beneficial impact on surroWlding property values than that caused by the previous commercial marina use of the Original Property under the previous SUP No. 67. The Applicant envisions a beautifully landscaped, aesthetically pleasing community with well-constructed Charleston-style homes that will enhance the surrounding residential property values and be one of New Hanover COWlty's premier waterfront communities. Over the past few decades, there has not been a diminution of value in the adjoining properties because of the previous commercial marina Wlder SUP No. 67 relating to the Original Property, which has been a part of the Middle Sound commWlity since the 1960's. Properties surrounding the existing marina facility, particularly those on the water, are perhaps some of the most rapidly appreciating and valuable residential properties in the County, if not the entire State. The proposed improvements and enhancements to the subject property are not expected to have an adverse impact on this trend. -7- 91 Additionally, based upon the findings of the County Commissioners in 1999 regarding SUP No. 67, use of tbe Original Property as a commercial marina was viewed as a public necessity. This is why tbe Applicant is requesting a modification of SUP NO. 8-.556 to continue the boat ramp at the marina for emergency uses. In addition to the boat slips sold with each of the 43 single family residences, the remaining wet slips will be made available for lease or sale to the public. The County Commissioners specifically found in 1999 that "water dependent uses are in critical need in New Hanover County, and the County must provide adequate opportunity and land for the operation and growth of commercial marinas." (1999 Order at p.2.) This finding was ratified by the Commissioners in approving SUP No. S-556 in May oflast year. Genera.1 Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in hannony with the area in which it is to be located and in general confonnity with the plan of development for New Hanover County." Statement by Applicant: As noted above and consistent with the existing CD(R-15) zoning for the Original Property, this conditional district rezoning request for the Supplemental Property is essentially a request to better an existing residential/marina facility project and allow the expansion of an upscale surrounding single-family residential community in harmony with the surrounding residential neighborhood. Accordingly, the County Commissioners have previously detennined (unanimously) that this site is a proper location for a marina and that a commercial marina on this property is in hannony with the surrounding area, and this facility in the past "has existed in hannony with the surrounding area." (1999 Order of County Commissioners, p. 4.) The subject Property is c.lassified under the current land use plan as Resource Protection. The Applicant does not intend to intensifY the use of the Property, and, as stated above, the proposed CD(R-15) site plan for all of the Property envisions a less intense use of the Property in keeping with the issuance of SUP No. S-556, especially regarding vehicular traffic to and from the development. The proposed expansion of the residential/commercial marina use of the Property will advance many of the goals of the Land Use Plan. Some of the primary policies and goals contained in the 1999 CAMA Plan and 2006 CAMA Plan Update include generally the following: The Applicant's proposed use of the property complies with the Policies for Growth and Development adopted by the Board of County Commissioners. Specifically, the Applicant is in compliance with the general economic and community development policies under the Land Use Plan. Continuation of the -8- _..mH'~ 92 use of the Applicant's property as a commercial marina with a single family residential component is consistent with the Land Use Plan. The Applicant's proposed use of the property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the Land Use Plan. Since commercial marinas are permitted in all residential uses, it is particularly important that the established marinas which have existed for many years in New Hanover County be fostered and allowed to develop and evolve. The issuance and reaffirmation in 1999 of SUP No. 67 and the issuance of SUP No. S-556 in May of 2006 were decisive conclusions of law that the use of the marina portion of the subject property as a commercial marina was and remains beneficial and compatible in the subject residential zoning district. The proposed use is a continuation, enhancement and improvement of and to the existing marina use of the property and is clearly in hannony with the area and consistent with the historical use of the property. Both the 1999 CAMA Plan and the 2006 CAMA Plan Update state that the City of Wilmington and New Hanover County shall "[e]nsure the provision and preservation of adequate open space for the continuing enjoyment of residents, for its contribution to the community today and for generations to come, to protect our natural environment and wildlife habitats, and to provide educational & recreational opportunities." (1999 CAMA Plan Open Space Policy 2.1; 2006 CAMA Plan Update, Open Space Policy 2.1.) As shown by the CD(R-15) site plan, the efficient clustering of homes under a performance residential framework will provide for areas of open space not found in traditional R-15 or R-20 developments. Working closely with NCDENR, the Applicant will ensure that the entire 19.15 acres (including 1.49 acres of water features) will be developed in a manner consistent with sound stormwater management and will comply with aU applicable codes, ordinances and regulations. In this regard, the proposed CD(R-15) site plan strives to "enhance the quality of the built environment while preserving and protecting the area's natural environment." (1999 CAMA Plan, LocationlDemand Policy 1.) It is important to note that a great deal of the Original Property (commercial marina) consisted of impervious concrete surface that is being removed as development of this site begins. The Applicant plans to remove a significant portion of this concrete, as shown by the CD(R-15) site plan (and as shown on the site plan for SUP S-556 as well), resulting in less impervious surface at the project's build out than currently exists with the Johnson's Marina commercial marina facility. The commercial/residential mixture of the property is also favored by the Land Use Plan, which encourages mixed-use developments, though the commercial use of the property will be much less intense than previously existed under SUP No. 67. The Land Use Plan also states that the County shall "strive to protect the character of the area's existing residential neighborhoods" -9- 93 (1999 CAMA Plan, Residential Neighborhoods Policy 7), which goal is promoted by the expansion of the Mason Landing Yacht Club project. The Land Use Plan "encourage[s] innovative development strategies" and "flexible design guidelines that enhance the aesthetic impact of the built environment" (1999 CAMA Plan DesignJRegulatory Policy 8; see also 2006 CAMA Plan Update, Policy 5.2). The Applicant and its development team are very proud of the design of the proposed project with the expansion of the Supplemental Property, which has been revised extensively to reflect and address the comments and concerns raised by area neighbors. Ultimately, the proposed CD(R-15) site plan seeks to make the best use of this unique property, and one that will result in an outstanding and innovative water oriented/water access community of the highest quality with a first-rate marina facility unlike any other in this area. -10- 94 /.~::~-\~';<4.l<3"~j>, Ii'>"ft\'\ New Hanover County ({( ..... .. )j) Planning Depa<'men, .. .. New Hanover County Government Center \t\. ;, ' - 1/~""1 230 Government Center Drive, Suite 150 "," /,/ Wilmington, Nt 28403 "<:.~.~!:!..~!;!},:;:~:!.;,~/ p 910.798,7165 F 910,798.7053 Chris O'Keef,e Planning Director March 23,2007 Mr, Ken Shanklin, Attomey Shanklin & Nichols, LLP 214 Market Street P.O. Box 1347 Wilmington, NC 28402-1347 Re: Mason Landing Residences & Yacht Club (File Number 07020.001) Dear Mr. Shanklin: In regular session on March 21,2007, the County's Technical Review Committee (TRC) informally discussed and provided cursory comment on the proposed preliminary site plan lrnown as Mason Landing Residences & Yacht Club located off Turner Nursery Road, Middle Sound Community. As you know, this project has been resubmitted to the County as a Conditional Use Rezoning modification to add 7.69 acres (18 additional lots) to the project from R-20S (Single Family) to the existing CD(R-15) Conditional Use District This matter will be heard at the April 5, 2007 Planning Board meeting. In their cursory review/discussion of Mason Landing Residences & Yacht Club, the TRC provided the following comments: 1) Clarification on the number of boat slips is requested. The Board of County Commissioners approved 60 slips, The TRC in their approval of the preliminary site plan in August, 2006 approved 57 slips as displayed on the plan. 2) Nautical Yacht Club Drive within the project and Register Lane in Register Place subdivision are only 15' apart and run parallel to each other. Only 160' separates the entrances for the two streets. TRC members recommended moving the road to the northeast side to improve the design of the project One member suggested eliminating Nautical Yacht Club Drive and utilizing Register Lane. 3) The project is located within the Northeast Interceptor Moratorium area. A suitable method of wastewater treatment will be required. A clarification on the use of potable water will also need to be addressed. If private well and septic systems are proposed, the project may not qualify for Performance Residential criteria under Sections 51.5-2 (5), 52.5-1 (ifrezoned), and 69.6 of the County's Zoning Ordinance, 95 Shanklin Letter 2. 4) While not expressly prohibited under perfonnance residential criteria, proposed lot sizes ranging from 6,700 square feet up 10,000 square feet do not fit in with the surrounding character of the community. Based on the present zoning ofR-20S, the principle use ofthe land is for low density single family residential purposes. The regulations of this district are to permit development compatible with the preservation of its rural character and provide for limited growth. Please note that a more thorough review of the site plan with additional agency comments will be provided once a fonnal submittal of the plan is presented to the TRC for review. Attending the meeting were TRC Chainn.an David Adams (Planning Board), Sam Burgess (Planning staff), Jim Iannucci (County Engineering), and Tom Sosebee (County Fire Services). Also attending were Sharon Huffman (County Legal), Jane Daughtridge & Bobby Harris (Planning staff), Matt Davis (County Fire Services), Vernon Weedon (County Schools), Cindee Wolf and Mark Hargrove(Withers & Ravenel ), Steve Saieed and Dick Hurst (developers of the project), and you. Please share this infonnation with your client(s). Contact me if you have questions. I may be reached at 798-7441. cc: Planning Board members Sincerely, Zoning Enforcement (Hines) foa)?w'r..t'D Fire Services (Davis) Engineering (Iannucci) S.A. Burgess County Legal (Huffman) Principal Development Planner ./ County Planning (O'Keefe/Daughtridge) File 96 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 CASE: Z-838, 5106 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.3 is hereby amended by removing the hereinafter described tracts from the R-20S Residential Zoning District Classification and placing them in the CD (R-15) Residential Zoning District Classification, said land being described as foHows: Parcell: BEGINNING AT TIm INTERSECTION OF nm SOU'l'HERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RfW), AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406,40' PUBLIC RIW). THENCE, FROM SAID BEGINNING POINT, ALONG AND Wl11:I SOUTHERN RIGHT OF WAY OF MASON LANDINO ROAD., NORTI:I 87 DEGREES 01 lYflNUTES 33 SECONDS EAST 283.79 FEET TO AN' EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIOHT OF WAY, NORTH 87 DEGREES 10 MINUrES 08 SECONDS BAST 65.27 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID IDGIIT OF WAYNORTH 86 DEGREES 51 MINUU:S 38 SECONDS EAST 110.46 FEET TO A POINT, SAlD POINT ALSO BElNO LOCATED SOUTH 14 DEGREES 44 MINUTES 25 SECONDS WEST 129048 FEET FROM A RAILROAD SPIKE LOCATED IN THE CENtER L.lNE INTERSECTION OF MASON LANDING ROAD WHERE IT TAKES A NORTHBRL Y TtlRN.TIlENCE SOUTH 41 DEGREES 03 MINUTES 35 SECONDS EAST 1089.26 PEET TO A RED STONE. THENCE SOUTH 34 DEGREES 37 MlNUTES JO SBCONDS WEST 73.82 FEET TO A POINT. THENCE SOUiH 49 DEGREES 16 MJN1J1'ES 20 SECONDS EAST 469.00 FEET TO A POINT IN THE INTRA..coASTAL WATERWAY. THBNCE SOUTH 36 DEGREES 36 MlNUTBS 54 SECONDS WEST 99.94 FEET TO A POINT IN THE WATf!RWAY, THENCE NORTH 47 DEGREES 55 MJN01'BS 42 SECONDS WEBr 466.80 FEET TO A POINT. THENCE. NORTH 46 DEGREES 50 MINUTES 42 SECONDS WEST 499.98 FEET TO AN OLD STONE. THENCB NORTH 36 DEG:REBS 55 MlNUfES 51 SECONDS WEST 17.98 FEET TO A POINT. THENCE SOUTH 53 DEGREES 12 MINUTES 10 SECONDS WEST 81.19 FlmT TO APOJNT. THBNCE. soum 53 DEGRBES 03 MINUTES 20 SECONDS WBST216.39 FEET TO AN EXISTING 'RON PIPE. THENCB CONTINUING THE SAME COURSE 19.85 FEET TO AN IRON PIPE SET IN fHB EASTERN RIGHT OF WAY OF TI1RNBRNURSERY ROAD. THENCE ALONG AND WITH TIlE EASTERN R1W OF SAID ROAD. NORTH 35 DEGREES 55 MINU'J."ES 19 SECONDS WEST 286.74 FEET TO AN IRON PIPE SET, SAID IRON PIPE ALSO BEING LOCATED NORTH SO DEGREES S4 MINUTES 11 SECONDS BAST 19.01 FEET FROM A RAILROAD SPIKB IN THE CENTERLINE OF SAID ROAD. THENCE ALONG AND WITH SAID RIGHT OF WAY. NORTH 41 DEOREBS 04 MINUTES 17 SECONDS WEST 355.64 FEET TO A DOT RfW MONUMENT. THENCE ALONG AND WITH SAID RIGHT OF WAY NORTH 46 DEGREES 19 MINUTES 51 SECONDS WEST 26534 FEET TO THE POINT OF BEGINNING. CONTAINING 10.07 ACRES. Parcel 2: Z-838 Page 1 of2 97 I ; C01VlMENCE AT THE INTERSECTION OF niB SOUTHERN RIGHT OF WAY LINE OF MASON LANDIN'G ROAD (60' PUBLIC RIW), AND THE EASTERN RIGHT of WAY LINE OF TURNER NURSERY ROAD (SR 1406,40' PUBLIC RIW). THENCE SOUTH 87 DEGREES 27 MINUTES 04 SECONDS WEST 57.62 FEET TO A DOT FJW MONUMENT AT Tl-IE INTERSECTION OF SOUTHERN R/W OF MASON LANDING, AND WEST RIW OF 'T'tJRNER NURSERY ROAD. TflENCE ALONG AND WITH WESTERN R!W OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 ~S 37 SECONDS EAST 303.82 FEET TO A DOT RlW MONUMENT IN THE WESTERN RfW OF TURNER NURSERY ROAD. THENCE ALONG AND WITH SAID RlW SOUTH 41 DEGREES 04 MINUTES 17 SECONDS BAST 90.80 FEET TO THE POINT OF BEGINNING. THENCE PROM SAID POINT OF BEGINNING SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 260.76 FEET TO A DOT R/W MONUMENT, SAID RJW MONUMENT ALSO BEING LOCATBD SOUTH 52 DEGREES 02 MINUTES 56 SECONDS WEST 20.98 PEET FROM A RAILROAD SPIKE IN nm CENTERLINE OF TURNER NURSERY ROAD. THENCE SOUTH 35 DEGREES 55 ~ 19 SECONDS BAST 87.64 PEET TO AN IRON PIPE SET. '!HENCE, soum 53 DEGRBES 49 MINUTES 13 SECONDS WEST 161l.20 FEET TO AN EXISTING IRON PIPE, THENCE, NORm 41 DEGREES 51 MINUTES 42 SECONDS WEST 334.76 FEBTTO AN EXISTING IRON PIPE. THENCE, NORnJ49 D1WREES 15 MINUTES 18 SECONDS BAST UIO.07 FEET TO THE POINT OF BEGINNING. CONTAINING 1.39 ACRES MORE OR LESS, AND BEING THE SA.lIdE AS DESCRIBED IN DEED BOOK 4959 PAGB 2639 OF THE NEW HANO~ coUNTY REGISTRY. ~ectio~ 2.. The County Clerk is hereb~ authorized and directed under the supervision of the County C~=::~~~::, ~~ ~~~n;~~~t ~;~~~ ~~th-::~:d~~:ce~n file in the office of the County ~~~~~ ~~n~~,oi:d~~=~ ~~Pa:~:d~ of any ordinance in conflict with this ordinance, to the extent Se~~ion 4i T~s or~inance is adopted in the interest of public health, safety. morals and. . al :d :::;t ~~:~n:::;l~:~ i~: ~~~~~~:ty of New Hanover, North Caroli.na, and shall be in fu~e;:~e Adopted the 1 SI day of May 2006. 1?~ Attest Robert G. Greer, Chainn.an ~~\~ \ ~ \lo\~ Sheila Schult, Clerk t~ the Board Z-838 Page 2 oi2 98 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For 25 residential units in a CD(R-IS) Zoning District Z-838, 04/06 The County Commissioners for New Hanover County having held a public hearing on May I, 2006 to consider application number Z-838 submitted by Mason Landing Yacht Club, LLC for a special use permit, companion to the conditional rezoning request, to locale a twenty-five (25) residential units in a CD(R-15) Residential District located at 2029 Turner Nursery Road and having heard all of the evidence and arguments presented at the hearing, make the foHowing FINDINGS OF FACT and draw the following CONCLUSIONS: L The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. Il is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a 1 GO-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site plan shows twenty-five (25) residential units, the maximum number allowed under the performance residential in an R-15 Residential zoning district. B. The amount of recreational space is 2.7 acres. C. The amount of impervious surface is 24.9%. D. The residential parking requirement is satisfied on the site plan. E. No buffering is required. 4. II is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that this project will decrease property values of nearby uses. B. The land use on this property has been a commercial marina within a residential district for 23 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfY the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which 99 it is to be located and in general conformity with the plan of development for New Hanover county, In support oftrus conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and Watershed Resource Protection. B. Residential development at this density occurs frequently throughout the Middle Sound area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan: Ordered this 1st day of May, 2006 (ii-J6ti-. Robert G, Greer, Chairman ~\~L~o\~ Sheila L Schult, Clerk to the Board 100 J l'" ....~ I 11"0 I 1~i il'l Ii ~ ~ I n~li I~ It ~ 1 IJ, 1 u I'll It fIt 1 .E I ~ ~~ll~ I~ll j'JJI.jJ eJ{JE lit I~ j ~ <1).- r><l ~ i 00' a .~ t u 2!111 filii ~j' ~i ,~ :E r.l~1 ~ J it 1'In jji Hi ll~~ ti~~ P b Il . ~! ~~ -... 1j-~ '"' EJ 111/ . j,' "' ~ i~j .. ~~~11 :/ ~' L 6i . ~:t . f. .1 I t .1.~~~I~"g il~~liPPf I J.... II) ~ ill ~Jh uli In J .. .... d It,fl.. I ..I fII 1IIll. -t IiJ 'III t1 / I! !II 11 i .. ! ~ . . II ."""" ~;j U.. .J. J~!I'II w ~ ", :. Z H III r ) ~ t ~ · .. ~ d~! ~ j J Ij .1 06~;, I ~ ~jll $nnn8n~n.nn':' W ~ ~ H~~n 101 This page intentionally left blank. 102 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Conditional Rezoning (Z-S63, 5/07) - Request by Withers & Ravenel for Dajo Corporation to Conditionally Rezone Approximately % Acre Located at 5705 Carolina Beach Road Adjacent to Existing B-1 Neighborhood Business District and in the Transition Land Classification from R-15 Residential District to CD(B-1) Conditional District Neighborhood Business with a Potential Range of 3 Commercial Uses Proposed BRIEF SUMMARY: At its May 3,2007 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning, adding one condition: the new building must have a pitched roof of not less than 4: 12. No one from the public spoke on this issue. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the zoning is approved, the County Commissioners must approve, or approve with conditions, the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ . .. Z -863-5 laff 5 ummar}'. doc Z -863-Pelition 5 ummar}'. doc adjacent property map, "Applicant Materials" (project narrative and application), and site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The rezoning was approved 3-D. The conditional use permit was approved 3-D. 103 CASE: Z-863, 5/07; PETITIONER: Withers & Ravenel for Dajo Corporation REQUEST: From R-15 to CD(B-l) Conditional District Neighborhood Business for an array of potential uses ACREAGE: Approximately lh acre LOCATION: 5705 Carolina Beach Road LAND CLASS: Transition PLANNING BOARD ACTION: At it's May 3, 2007 meeting, tbe Planning Board voted 4-0 to recommend approval oftbe rezoning, adding one condition: the new building must have a pitched roof of not less than 4: 12.. No one from the public spoke on this issue. STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is on Carolina Beach Road just south of Monkey Junction. Carolina Beach Road is a divided, multilane, major arterial roadway. Level of service along this segment has been rated F, meaning traffic volume exceeds design capacity. The subject property is residential with a dilapidated, unoccupied structure. Adjacent use to the south is zoned B-1 with existing commercial uses. To the north is residential development on Rosa Parks Lane. Further north, is the monkey junction commercial node. This property has an access to Rosa Parks Lane, an unimproved residential street, but frontage is on Carolina Beach Road. The subject property is located within the Seabreeze watershed drainage area, The property is not influenced by flood hazard. Water and sewer will be accommodated by well and septic tank. As a condition for rezoning, the applicant proposes that the use will be restricted to hardware, general merchandise, or retail as allowed under B-1 Neighborhood Business zoning. AU other minimum requirements of local, state and federal rules must be met. In accordance with Section 59.7-2(2) of the ordinance, no use is allowed in a conditional district except by special use permit A companion special use permit will bind the property to the proposed range of uSes and site plan if approved, Land Use Plan Considerations: This conditional rezoning petition proposes a change from residential use to conditional neighborhood business uses. Between 200 I and 2005, average daily traffic volume just north of the site increased by about 25%. A Traffic Impact Analysis was not prepared for this project. The highest peak hour traffic projection from the list of potential uses is estimated at 19 peak hour trips. 104 The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. It is the intent of staff not to promote commercial sprawl southward from Monkey Junction on Carolina Beach Road. This proposal is an extension of an existing commercial use. In the future staff would hope to define the southern extent of the monkey junction commercial node. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Based on the foregoing, this proposal would appear to be consistent with the goals and policies of the land use plan. Staff recommends approval. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment,. the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of 26,893 sq. ft. from R-15 Residential District to CD(B-l) Conditional District as an expansion of an existing B-1 district is (or is not): I. Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow addition of acreage to an existing B-1 business district and under the terms and conditions outlined in a companion special use permit. PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT: l. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Private well water will serve the property. R A private septic system will serve the project C. The property proposes access from Carolina Beach Road, an identified arterial. D, Traffic counts increased by about 25% in the vicinity of this site between 200 I and 2005. E. fire Service is available from the Myrtle Grove fD. f. The property is not located in a flood hazard area. G. Storm water retention must meet the design standards of the County's storm water ordinance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. 105 A. The property is zoned R-15 Residential District. This request is made concurrent with conditional rezoning to B-1 Neighborhood Business District. B. The proposed use is limited to hardware, general merchandise or retail uses as listed on the site plan within one building of approximately 3,500 sq. ft. gross floor area. C. Petitioner proposes 9 off-street parking spaces, adequate to accommodate the range of uses listed based on 1 space per 400 sq. ft. of floor area. D. Traffic access will be via Carolina Beach Road on a shared driveway with the adjacent use to the south. 3. The Board must tind that the use will not substantially inj ure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Stonnwater management must perfonn in compliance with the requirements of the County ordinance. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services.. Staff sug.gested conditions: t. Staff recommends that if vehicular access is connected to Rosa Parks Lane, the developer must pave Rosa Parks Lane from the point of access to Carolina Beach Road. 2. Staff finds these findings of fact to be positive. ACTION # 2 NEEDED: (Choose one) 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to r~eive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 106 Case: Z-S63, 05/07; Approximately % acre from R-15 to CD(B-l) Petition Summary Data OwnerlPetitioner: Withers & Ravenel for Dajo Corporation Existing Land Use: Vacant Residential Zoning History: Area 4 (April 7, 1971) Land Classification: Transition Water Type: Private well Sewer Type: Private septic tank Recreation Area: Myrtle Grove PaddVeterans Park Access & Traffic Volume: Carolina Beach Road (arterial) ADT 43,873 (4/05) compared to 35,000 (2001) +25%; LOS F Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Seabreeze (SA) Aquifer Recharge Area: Primary Recharge area of the principal aquifers ConservationlHistoric/ Archaeological Resources: None Soils: Le - Leon Soil; Kr - Kureb sand Septic Suitability:. Class III (Le) ~ severe limitations; Class I (Kr) - Suitable Schools: Bellamy Elementary 107 ~ t> i is U .g" '6 J; "0 B g"ii ;; I dill g> .s m II'lI ...J II ili)t:D: l:; &:~'" iiSe 0 E o e:g'" II M~~'L';~ 8 i CD "'.. - .. ~ c: C II: Ii !~ ._ C !!IJ ' CO c:::::U ,,- '~- N =g:g: ~ ,~, I~ <<..J4,( i;I'} I~ ~~. 108 APPLICANT MATERIALS 109 Revised: April 20, 2007 Discount Warehouse Expansion Project Narrative Discount Warehouse has been an ongoing, and expanding, business for many years. The proposed use of the new building would include hardware, general merchandise, and miscellaneous retaili, all permitted in a B-1 district. Layout and design of the project has been completed in accordance with alii of the standards and requirements of the New Hanover County Zoning Ordinance with reference to setback, parking and landscape requirements. Detailed plans must be reviewed and approved by alii of the individual agencies prior to any construction. This area has been assiigned the designation of Transition according to the CAMA Land Use Plan. Its purpose is intended for future intensive development. Carolina Beach Road is a busy highway corridor. Single-family residential use along the immediate boundary is no longer attractive. Small business, such as is proposed, have become widely acceptable as transitional uses to buffer between the thoroughfare and established residential neighborhoods beyond. This plan presents a very low- impact use of the property. Impervious surfaces have been kept to 25%. Existing trees have been field located. The one significant tree is being preserved to provide for an attractive storefront view. The landscape requirements provide for sufficient street yard, interior and foundation plantings to soften the views from the hig hway corridor. The 1i 00% opacity of the bufferyard landscaping req uirements will guarantee protection of the adjacent residential uses. In summary, this is a small businessman simply desiring to improve a successful business, Based upon the proximity to the adjacent business district, this proposed expansion should create little impact and be in harmony with the area as a transition from the highway corridor eastward to the residential areas. 110 ~s and Development Requirements: Within a Conditional Use District, no use is allowed except by Special Use Permit. The permit may specity additional conditions and requirements,. which represent greater restrictions on development and use oHhe tract than the corresponding General Use District regulations, or other limitations on land which may be regulated by state law or local ordinance. Such conditions and requirements shall not specify ownership status, race, religion,. character or other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their pUl'pose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the requirements for a Special Use Permit and other pertinent requirements ofthe Zoning Ordinance, and to securing the public health, safety, morals, and welfare. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none ofthe general zoning classifications which would allow that use are acceptable. You must explain in the space below how your request satisfies each of the following requirements: (attach additional sheets if necessary) 1. How would the requested change be consistent with the County's Policies for Growth and Development? Policies for growth and development encourage efforts to attract and retain businesses. The property is along a busy highway corridor. An existing business is to tbe South. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The 2006 CAMA Land Use Plan identifies this area with the Transition land classification. The class is intended for future intensive urban development on lands that have been, or will be, provided with necessary urban services. The location of these areas is based upon land use planning principles for optimum efficiency in land utilization and public service delivery. 3. What .slgnificant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses pennitted under the existing zQning? The subject tract has become undesirable for single~fami1y residential development There is an existing construction materials business on the adjacent property. The busy Carolina Beach Road corridor is better suited for transitional business uses that are provided for in the B-1 district. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). Refer to the Conditional District Site Plan. Conditions include limited uses, preservation of an existing significant tree. Page 2 of4 CUD 02/07 111 WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT Authority to grant a Special Use Penn it is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will not materially endanger the public heallh or safety if located where proposed and developed according to the plan as submitted and approved." a. The tract would be accessed from Carolina Beach Road, a major traffic thoroughfare. b. The tract is in the Myrtle Grove Fire District. c. Water service would be by a private well. d. Sanitary sewer service would be by a private septic system. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. a. A site plan meeting the Ordinance requirements has been submitted. b. The proposed layout and uses are consistent with those permitted in the B-1 district. General Requirement #3 The Board must find "thaI the use will not substantially injure the value of adjoining or abutting property or thaI the use is a pub lie neeess it)'." a. The existing business has been in operation for several years, and has been expanded in recent years, with no evidence that property values have been diminished because of the business use. General Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in hannony with the area in which it is to be located and in general confonnity with the plan of development for New Hanover County." a. The 2006 CAMA Land Use Plan identifies the area as "transition." b. Small business centers are acceptable transitional uses between busy traffic corridors and residential neighborhoods beyond. Page 3 of4 CUD 02/07 112 lOO':!~'_"" 1Ji2'l:d d1J!S l~~:rslO lll?UO!1!PUD) UM[=Jt~'"~ 'lQL ~ '~~~~~~~:~~K>l eh<< ON....... &IJI)I "~q "O",J ""'IfW!ij~I~~.~.jdNW",,;j~~.~I'I'.~ filuO..i.1liA'ijlr.S l ~l:li:;J;:NN"',.d I '!OH3'31NI:'tIIt.I:l! ~ 'aNa^.~ ~ $~:aHJ.1M -:.., aSn04<:l.lEM luno:JslO !i">"I~~"oi>).i' If I i 'I I II!I ~i""I' ~ -.. l!il ~ h oft ,~)} f e:i ~ . ~ ' 1 ~ !f!. ~ . ~ I , !I:II..~' lliH I ii. ~Jll{ I' I mil . i P' l. f': 'f U . .-t. ,~~!~ Lif:\Ilii ijlhl~. : iJ )" I h;l.. lit oil .. 'i 'i ...1 I - " "~,, J. Iii f I: Ill"." . ~ 11 'Jldhl J! ! j" III 1" ~ II n n ~III ~ f ii, llif!!t..! t IlJ :Ii! I: . . .. J 11 ,t r ! I' luII:1I . f' f F f. I., , I . I .: ;iI ~, ,"" ~ d )'1 f!. ! I ' . ,. Iii '.'~ I J j 11. i )1. ~.l~ i ~r!!;' I. !..l It "fI!'hh.14.11 ;1 J'" -j L Il~l, ~IIJ"i'l I:ml!~ ", HI'.rn 1ft .flJ~' tl~~~~fd~i~ ~r~~Gr ~UI Ir.II~~!I~fi ,~!JjJ ..! n~ p .~,d! d ,"'I jl : . ~I~ p i~~ fi ~ -- - .~. . -- I ------ . ------r -'lf~..... _n_.nm....'" I .... r(!}!>-_.-- I 'I 1 -- f I ...... J ~. I' __,M , ~ ' I ~ . I ~ : ~: 'ill ~ :.p! ~ ~! ~ i I I I , i L..-l_. ~ """ _ ..., 0--( Ic:to' 'MItt 's'n I ~ tI=-s 0UJ1<<1JD:) 113 This page intentionally left blank. 114 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.5 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning (Z-864, 5/07) - Request by Withers & Ravenel for Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins, and Claude Taylor to Rezone Approximately 16.45 Acres Located at 511, 600, 613, 615, 618, 622, & 625 Vallie Lane in the Urban Land Classification from R-15 Residential District to R-10 Residential District BRIEF SUMMARY: At the May 3, 2007 meeting, the Planning Board voted 4-0 to recommend approval of the proposed rezoning. The alteration would change residential density from 2.5 to 3.3 units per acre. No one from the public spoke in regard to this request. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ [gm ........ . .. Z -864-5 laff 5 ummar,y. doc Z -864-Pelition 5 ummar,y. doc adjacent property map and "Applicant Materials" (application) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 115 CASE: Z-864,.5/07; PETITIONER: Withers & Ravenel for multiple owners REQUEST: From R-15 Residential District to R-I0 Residential District ACREAGE: Approximately 16.45 Acres LOCATION: 511,600,613,615,618,622, & 625 Vallie Lane LAND CLASS: Transition PLANNING BOARD ACTION: At the May 3, 2007 meeting, the Planning Board voted 4-0 to recommend approval of the proposed rezoning. No one from the public spoke in regard to this req uest. STAFF SUMMARY The subject properties are located in the southern portion ofthe county in an area classified as Transition on the 2006 CAMA Land Classification map. The properties are west of Monkey Junction and accessed by local streets. The nearest arterial would be Carolina Beach Road, which carries a Level of service F, meaning traffic volume exceeds design capacity. The subject properties in "Tract A" are vacant. "Tract B" is currently in use as a riding stable and residential area. To the north and west of the area, single family residential subdivisions are either in place or preliminarily approved. Strip commercial uses dominate the area east of the site and fronting on Carolina Beach Road, The subject properties are located within the Mott's Creek watershed drainage area and are not influenced by flood hazard. The site is in a primal)' recharge area for the principal aquifers. The petitioners note tbat extension of urban services and road improvements would be necess.ary for subsequent development proposals. Land Use Plan Considerations: This rezoning petition proposes a change from lower density R-15 residential use to higher density R-l 0 residential use. lnterconnectivity with existing subdivisions is reasonably good in this area. Traffic can ultimately feed onto Carolina Beach Road by anyone of several local routes that lead to Antoinette Drive, Silver Lake Road, Silva Terra Drive, Julia Lane, and Lobos Lane. Additional interconnectivity will be available in the future through the Village at Mott's Landing to River Road and Sanders Road as welt Between 200 I and 2005, average daily traffic volume along Carolina Beach Road increased by about 25%. The 2006 Update ofthe Joint CAMA Plan describes the purpose ofthe Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The site is near monkey junction, one of the 116 County's largest commercial nodes. The land use plan encourages density around nodes. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Public services are available within reasonable proximity to this area. However, a recent moratorium on sewer connections to the Southside plant could impact the timing of potential development. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is cODsistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public in terest. .. EXAMPLE: The County Commissioners find that this request for zoning map amendment of 16.25 acres from R-l5 Residential District to R-IO Residential District is (or is not): L Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow increase in base density from 2.5 units per acre to 3.3 units per acre in this location adjacent to existing R-I 0 districts. 117 Case: Z-864, 05/07; 16.45 acres from R-15 to R-I0 Petition Summary Data OwnerlPetitioner: Withers & Ravenel for Multiple owners Existing Land Use: Residential and vacant Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type: Public in vicinity Sewer Type: Public in vicinity Recreation Area:. Myrtle Grove Park/V eterans Park Access & Traffic Volume: Vallie Lane to Marquette Drive in Lake Brewster and Brewster Place. Local roadways; not traffic counts or LOS Also, Vallie Lane to John Henry Drive to Lobos Lane (all local, unimproved roadways) to Carolina Beach Road (arterial) ADT 43,873 (4/05) compared to 35,000 (2001) +25%; LOS F Fire District: Myrtle Grove VFD Watershed & Water Ouality Classification: Mott's Creek (C-SW) Aquifer Recharge Area: Primary Recharge area of the principal aquifers ConservationIHistoric/Archaeological Resources: Pocosin, but not Class IV soils Soils: Rm - Rimini Sand; Le - Leon Soil; Ly - Lyn Haven fine sand Septic Suitability: Class I (Rm) - suitable; Class III (Le)(Ly) - severe limitations Schools: Bellamy Elementary 118 olS 0 -- ~ ~ '" 't;I ~ 0; '" " c <II " "" ; ~ ,j t- ":'. ~olI e Q::t!Il ~ In ~...I. Q ~'f3: iLi.,--';;;- t ..~~ }) '_ Q) c 1:: ,." lIOJiiP'" ~' c;:u ~-~. N poa .:; .9:l ~ 119 APPLICANT MATERIALS 120 WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your request satisfies each ohhe following requirements: (fill in Below or attach additional pages). 1. How would the requested change be consistent with the County's Policies for Growth and Development? The policies for growth and development encourage safe and affordable housing to be available to every citizen. Rezoning this property for a higher-density of residential development would be consistent with the concept of transitioning uses, and in-fiHlng vacant parcels where existing utilities can readily be extended and urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The petitioned area is within the "Urban" land classification on the 2006 CAMA Plan. The purpose of the class is to provide for continued intensive development The location of the area is based upon land use planning policies for optimum efficiency of land utilization and public service delivery. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for tbe uses permitted under the existing zoning? The commercial node around the Monk.ey Junction intersection has provided the base for more intensive residential development in this section of the County. Developments such as Brewster Place & Lak.e Brewster in the proximity have been developed with medium-density housing, typical in the R-10 zoning districts. 4. How will this change of zoning serve the publ ic interest? Vallie Lane is currently not paved. Future development of the area will assure that road improvements and utility extensions will be made that win also benefit existing properties. In signing this petition, I understand that tbe existing zoning map is presumed to be correct and that I bave tbe burden of proving why a change is intbe public interest. I further understandtbe singling out of one parcel of land for special zoning treatment unrelated to County policies and tbe surrounding neighborhood would probably be iUegal. I certify tbat this application is complete and that all information presented in this application is aceurate to the best of my knowledge, information, and belief. ~Y'I~lt:;", A. \~()\"" Petitioner ~r Prope OwnerS Print ame ~...<rt ~V' Page 2 of2 ZMA-02/07 121 This page intentionally left blank. 122 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 2.6 Estimated Time: Page Number: Department: Parks Presenter: Neal Lewis Contacts: Neal Lewis, Bruce Shell SUBJECT: Public Hearing and Consideration of the Flemington Soccer Complex Interlocal Agreement BRIEF SUMMARY: The County and the City of Wilmington are joining together to assist the Cape Fear Soccer Association (CFSA) in the completion and the ongoing maintenance of the Flemington Soccer Complex. The total three-year commitment by the County is $375,000. The attached Interlocal Agreement spells out the County's commitment for the facility. The main points are as follows: 1) The commitment is for three years (July 1, 2007 - June 30, 2010). 2) There will be an "Oversight Committee," for the purpose of monitoring compliance with the Interlocal Agreement and adherence to the annual maintenance contract. The Committee shall be made up of a County staff person, a City staff person and a representative of CFSA (total of three). 3) The County will make payments of $50,000 per year for the three-year period to reimburse CFSA for development costs associated with the construction of the facility. The City will likewise contribute $33,333 per year. Once these payments are made, the County and the City will each have contributed $300,000 to the project, including those payments made prior to this agreement. 3) The County and the City will each contribute up to $75,000 in the first year for maintenance, based on a contract approved by the Oversight Committee. The contract is subject to annual review and adjustments in cost as required. 4) CFSA is responsible for all costs associated with construction, repair and improvements to the facility, infrastructure and site amenities. 5) Signage at the facility will recognize the County and the City for their financial support. 6) The County and the City have the right to use the facility when not being used by CFSA. These uses are subject to approval by the Oversight Committee. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the Interlocal Agreement. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: 123 ATTACHMENTS: The Interlocal Agreement will be distributed at the staff meeting on May 31,2007. REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and consider approval of agreement. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation and conducted public hearing. Tabled to June 18, 2007 so that questions raised during discussion may be addressed by a vote of 3-1, Commissioner Pritchett voting in opposition. 124 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Frankie Roberts Contact: Frankie Roberts, Executive Director of L1NC, Inc. SUBJECT: Lease of Property BRIEF SUMMARY: Leading Into New Communities, Inc. (L1NC, Inc.) is seeking facilities for transitional housing for men and women re-entering the community from jail/prison. L1NC, Inc. desires to determine the feasibility of utilizing the old Jail Annex property, owned by New Hanover County, for this purpose. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation and consider request. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Lettter from L1NC, Inc. REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and consider request. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation and directed staff to advertise and place the lease on the agenda for June 18, 2007. 125 Lr~c IN(=. " I ",' Leading Into Nev.; Communities P.O. Box 40.1 ~I~ r. ~ u ~ ~I~ WifmillgflJII, ;\'(' 28402 (0) 9UP62.4635 (F) 9 J(). 763-3937 II'eb"~iI(!: WIl'Il'.lillcl/c.or!( MAY 7 2007 I r NEW IWinVfR CO B!J Of May 3, 2007 New Hanover County Board of Commissioners Attn: William Caster 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Dear Chairman Please accept. this letter as LINe, Inc,'s fonna! request tbr the old Jail Annex located al 222 Division Drive, Wilmington, NC 28401. Our agency proposes to lease this fadlity fiJT $1 "00 per year for the next 50 years. As well, we would like an opportunity to make a comprehensive presentation outlining our plans at the next County Commissioner's meeting., Thank you tbr your assistance and please contact our of1'ice at 910 762~4635 if you have any questions or concerns regarding this matter. Sincerely. 4/ ,,/,/' /,,1 /,'" /'j ~/ /',1 ! I' -" _ _." y t,~'~> ~I c,(, " , Fran' [; , I Executive Director cc: Commissioner Robert G. Greer, Vice.Chairman Commissioner Ted Davis, Jr. Commissioner William A. Kopp, Jr. Commissioner Nancy Pr.itchett County Manager Bruce Shell H r' ':i ~,._~..., 126 '\\tC of tbt ~!Jp... @)~ . .' , 't-l i" ~ ,~.. SIDNEY A. C,AUSEY 39:50 Juvoolle Rt;$d SHERII"F CaSltl~ NC 28429 Fax: To Wh(lll1 It the needs ilrth.is point time, of at me.n significantly throughouttbe years and we and ideas in order to thosetbatwe CliO. compt)nent all self-confidence. esteem, slciUs. I SUpport and look funding: you. s..~~ A... c.~o.-~ A. -",,,<.., " , 127 Leading Into New Communities LINC Inc. Proposal for the M.E. Roberts Transitional Facility II 1 1 LING Inc. is proposing to lease the facility for 1 $/year for a 40- 50 year term in order to establish comprehensive transitional housing for 20 men and 20 women coming out of jail or prison who need services in order to transition successfully as contributing members of our community. The following slides offer a brief overview of the basic structure and a sample of the services to be offered at the faciliity. :2 2 1 "um 128 The Basic Structure of the Facility 'There will be a medical triage room with a full time RN and a Physician's Assistant wUl be on site once a week for more complex medical concerns and/or follow ups 'There will be educational facilities/provisions 'There will bea common area that is technolog,ically advanced in order to take advantage of distance learning opportunities with partnering community colleges, colleges, and universities 3 3 The Ba.sic Structure of the Facility (continued) 'There will be a resourcellibrary room with computers 'There isa fully functioning industrial sized kitchen where clients will do the cooking based on a schedule of requi,red duties as part of the agreement of living in the facility . There will be a laundry facility where clients will be expected to maintain their laundry needs 'There will be transportation provided for clients since the facility is not on a bus line. 4 4 2 -,-.."'.---, 129 How It Works will be referred by local, state, and DOC/prisons/jails as well as by local social service agencies and word of mouth, (LlNC Inc. has experienced a recent call volume of over 100 persons seeking transitional services just in the past few weeks) -liNe will process the client through intake and determine hislher eligibility for placement -The client deemed ready to successfully receive services will be placed at the facil.ity and monitored through case management -We are considering using a GPS type Iracking system 10 monitor clientele movement 5 5 How It Works (continued) -The client has a thorough medical and mental health assessment as well as educational & job skills assessments -Based on the clients' interactive case history assessment the individualized service plan is created and includes everything deemed necessary for successful reentry inlo society as a healthy and contributing member. -The length of stay will vary depending on client need levels. 6 6 3 130 Educational Services -LlNC will offer the client Ihe following educational services (this list is not comprehensive) 'Basic Literacy Training 'GED Preparation 'Job Readiness Courses 'Budgeting 'House Buying elasses 'Personality/Job Type Inventories 'Communily College., College, University Dislance Education Courses 7 7 Medical Services Inc, is currently writing for its Mental Providers License and anticipates licensed by Fall 2007. Thus the bulk of its mental heallh services will be provided "in house" and will not be limited to, but will include Ihe following: 'Direct one on one mental health counseling 'Group counseling .AAJNA group sessions 'Alternative Therapeutic Sessions (flow therapy, art therapy, rnusictherapy, etc.) -As mentioned on a previous slide a full time RN will provide general medical health services and a PA will be on slle once a week for more complex needs or follow ups 8 8 4 131 Transitional Services The job training for LING's Transitional: Services is contracted out on an as needed basis, In the past we have contracted with the community college andlor with local job skills providers in order to allow our clients the opportunity to receive specialized training or licensing that would make them attractive to local area businesses, Based on positive past experience with this method we would like to continue to do the same in the future, 9 9 Funding Sources 'LlNG Inc. has an active and growing grant searchlwriling/submission division which is run by a full time granls administrator. -Based on estimates provided by Sparks Engineering PLLC the cost to have the facility up and running would run about $363.000 which includes all renovations, -liNe inc, currently has a Federal Department of Justice grant 10 be submitted June 7, 2007 which would more than cover Ihe cost of renovation. -The location of the faCility has made in an attractive investment for community support, 10 10 5 132 Conclusions and Unique Points a final closing point this is not a "resort" for the clientele, Just as we all have duties and responsibilities in our own homes; these men and women will be actively participating in the daily functioning of the facility to include, but not be limited to: cooking, cleaning, and interior/exterior maintenance duties. And just as you have needed educationa.1 and community resources to become functioning and healthy members of society we would also like to offer those to our clientele. 11 11 Conclusions LINC Inc. the opportunity ta pravide services to its you are allowing men and women ta become contributing members of saciety and breaking the cycle of recidivism. As YOIJ are aware, the majority of ex-offenders re- offend within a 3-5 year range. LlNC currently has a little less than a 10% recidivism rate over the past 6 years of operation. We are a caring and committed organization that would consider it a privilege to be able to create new communities by serving this often unwanted segment of society. If you have any questions or need anyfurlher information please contact us at the numbers at the bottom of the slides. 12 12 6 133 This page intentionally left blank. 134 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Regular Item #: 4 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Appointment of Voting Delegate to the NACo Annual Conference BRIEF SUMMARY: The National Association of Counties' (NACo's) Annual Conference will be held July 13 - 17,2007 in Richmond, Virginia, A voting delegate and alternate must be appointed and submitted to NACo by June 29,2007, RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint delegate and alternate, FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ -. .....~: NACo2007D elegate. pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Appoint delegate and alternate, COMMISSIONERS' ACTIONS/COMMENTS: Appointed Nancy Pritchett as voting delegate and Bobby Greer as alternate by a vote of 4-0, 135 . '~ ~ MEMORANDUM ELECTION OF SECOND VICE PRESIDENT To: County Executives, Parish Presidents, Borough Mayors and County Board Chairpersons From: Colleen Landkamer, NACo President Date: May 14, 2007 Subject: Voting Credentials - 2007 Annual Conference NACo staffers are preparing for NACo's nit Annual Conference to be held July 13~ 17, 2007 in the Richmond, V A. They need your help to ensure that your county can participate in the association's annual election of officers and policy adoption for this year's American County Platfonn. In order to vote, a county must have paid its membership dues, and have one paid registrant for the c.onference, according to NACo bylaws. Please indicate on the enclosed form the name of the voting delegate and altemate(s) authorized to pick up your county's voting materials. Additionally, the chieCelected official of your county must sign the form. Please review the enclosed checklist on the reverse of this page before returning the form. In addition, state association executive directors or presidents are entitled to pick up unclaimed credentials on Monday, July 16. If you do not want the state association to receive your voting materials, please check the box on the enclosed fonn. Please review the enclosed "Credentials F.A.Q." before returning the form. Please mail or fax ONL Y the enclosed form by FRIDA Y, JUNE 29, Emily Landsman Fax (202) 393-2630 Or: Credentials Committee c/o Emily Landsman National Association of Counties 25 Massachusetts Ave, NW Suite 500 Washington, DC 20001 Membership Coordinator Emily Landsman can be reached at (202) 942-4242 or elandsman@naco.org should you have questions regarding voting procedures. We look forward to seeing you in the City of Richmondl 25 Massachusetts Avenue, NW I Suite 500 I Washington. DC 20001/202.393.6225 I fax 202.393.2630/ www.naco.org 136 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:35 p.m. 1. Non-Agenda Items (limit three minutes) 9:40 p.m. 2. Approval of Minutes 139 137 This page intentionally left blank. 138 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water and Sewer Regular Session meeting held on May 21,2007, RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes, FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0, 139 This page intentionally left blank. 140 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Additional Item #: 1 Estimated Time: Page Number: Department: Sheriffs Office Presenter: Sheriff Sid Causey Contact: Bruce Shell Item Does Not Require Review SUBJECT: Approval of Purchase of Five Vehicles and Associated Budget Amendment BRIEF SUMMARY: Sheriff Causey requested approval to purchase five vehicles at a reduced price ($30,000), He will reduce his FY07-08 budget request by the purchase amount. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve purchase and associated budget amendment 07-267, FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Funds may be transferred from human services lapsed salaries in the FY06-07 budget. ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0, 141 This page intentionally left blank. 142 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/07 Additional Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila Schult Item Does Not Require Review SUBJECT: Approval of a Resolution Requesting the Budget for the State of North Carolina be Approved by July 1, 2007 BRIEF SUMMARY: Chairman Caster brought the attached resolution as an additional item for consideration, RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution, FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0, 143 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403 (910) 798-7149 '(910) 798-7/45FAX' ~.YlL.t;l.1:J.giQyLQ..M WilHam A Casler, Cllairman. Robert G. Greer, Vice.Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr" Commissioner.. Nancy H. Pritchett. Commissioner --- Sheila L Schul!, Clerk to the aoard RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUESTING THE BUDGET FOR THE ST A TE OF NORTH CAROLINA BE APPROVED BY JULY 1, 2007 WHEREAS, North Carolina General Statute 159~8(b) requires counties to adopt a balanced budget ordinance each year by July 1'1; and WHEREAS, the State of North Carolina hands down mandates yearly Ihat must be funded by local governments as well as other legislation directly affecting county budgets; and WHEREAS, Ihere are still numerous bills in the General Assembly that, if passed, will affect county budgets significantly; and WHEREAS, counties still do not know the outcome of Medicaid relief - whelher there will be any relief or how much and if there is any relief whether it will be temporary or permanent; and WHEREAS, without Medicaid relief, many low-wealth counties will have to either raise laxes or cut employees, programs and services, NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners Ihat the Governor of North Carolina has the State '8 budget approved by July 1 'I so counties will know how to complete Iheir budgets according to State Statutes, BE IT FURTHER RESOLVED that this resolution be sent to all North Carolina legislators asking for their support of this request Adopted tile 41" day of June, 2007. William A. Caster, Chairman A TIEST: Sheila 1. Schult, Clerk to the Board D'__'.___'"'''' 144