Agenda 2011 05-02NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
MAY 2, 2011
6:00 P.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
INVOCATION (Abdul Rahman Shareef, Imam, Tauheed Islamic Center)
PLEDGE OF ALLEGIANCE (Commissioner Richard G. Catlin)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of the New Hanover County Juvenile Crime Prevention Council
Funding Recommendation for Fiscal Year 2011 -2012
3. Approval to Accept Various Equipment as a Donation to the County
4. Approval of Tax Collection Reports as of March 31, 2011
5. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:10 p.m.
6. Consideration of Community Action Month Proclamation
6:15 p.m.
7. Consideration of Preservation Month Proclamation
6:20 p.m.
8. Consideration of Women of Achievement Month Proclamation
6:25 p.m.
9. Consideration of Foster Care Awareness Month Proclamation
6:30 p.m.
10. Consideration of Award of the County's Banking Services Contract to BB &T
6:35 p.m.
11. Public Hearing
2010 NC Small Cities Community Development Block Grant (CDBG)
Program - Scattered Site Housing (SSH) Grant Award CDBG Grant #: 10 -C-
2171
6:45 p.m.
12. Public Hearing
Rezoning Request (Z -910, 04/11) — Request by James Yopp on Behalf of
Rockford Partners, L.L.C. to Rezone Approximately 27.23 Acres at 1300 and
1305 Rock Hill Road from R -20 Low - Density Residential to R -15 Medium-
Density Residential
7:20 p.m.
13. Public Hearing
Road Naming Request (SN- 113, 04/11) - Request by the County Planning &
Inspections Department to Officially Name an Unnamed Road to Lawson
Lane and Assign New Mailing Addresses Located Near the Intersection of
Faircloth and Lex Roads East of North Kerr Avenue
NON - AGENDA ITEMS (limit three minutes
Board of Commissioners Meeting
05/02/2011
ADDITIONAL AGENDA ITEMS OF BUSINESS
7:40 p.m. 14. Consideration of a Resolution Requesting Designation of WASTEC as a
Renewable Energy Source
7:50 p.m. 15. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
05/02/2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Budget Work Session Meeting held on April 14, 2011
Agenda Review Meeting held on April 14, 2011
Regular Meeting held on April 18, 2011
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
CONSENT
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation
for Fiscal Year 2011 -2012
BRIEF SUMMARY:
At its April 15, 2011 meeting the New Hanover County Juvenile Crime Prevention Council (JCPC)
unanimously recommended that the County Board of Commissioners allocate $433,344 in State JCPC
funding for fiscal year 2011 -2012 as follows:
JCPC Administration - $5,000
Youth Empowerment Services - $347,009
Teen Court - $38,000
The funding recommendation meets the JCPC priorities of Psychological Services, Community Service and
Restitution, Home -Based Family Services and Teen Court.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the FY2011 -2012 JCPC funding recommendation.
ATTACHMENTS:
JCPC Funding Recommendation FY2011 -2012
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
2 -0
$23,802
F 0
No ■ a •
1. Ps Services
2. Communit Service/Restitution
3. Home-Based Famil Services
4. Tee-t Cou-r
Board of Commissioners Meetin
05/02/2011
2-1-1
Amount
JCPC
Local
Total
Proposed
g Iven for
Funds
jn.Xin
Cas!h
Bu'd
2011-2012
Program Name
FY 10-1. 1
Requesb�d,
Match
Match
Amount
Fundin
Administration
Empowerment
Saryucas J
$61300
$64,324
$23,802
F 0
No ■ a •
1. Ps Services
2. Communit Service/Restitution
3. Home-Based Famil Services
4. Tee-t Cou-r
Board of Commissioners Meetin
05/02/2011
2-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
CONSENT
ITEM: 3
DEPARTMENT: Finance PRESENTER(S): Avril Pinder, Finance Director
CONTACT(S): Janine Powell, Development Coordinator; Tiffany Allen, Risk Manager; and Lena Butler,
Purchasing Supervisor
SUBJECT:
Approval to Accept Various Equipment as a Donation to the County
BRIEF SUMMARY:
Several organizations would like to donate equipment to the County.
The Over 50's Group would like to donate a credenza valued at $350 to Parks, Gardens, and Senior
Resources to be used for storing Wii Fitness Equipment in the exercise area.
The Volunteer Older Citizens Action League (VOCAL) would like to donate an elliptical, recumbent bike,
and an upright bike to Parks, Gardens, and Senior Resources. This equipment is valued at $2,050.
Also, Mr. Eric Brandt of MetLife would like to donate a lectern valued at $500 to the County to be used in
Human Resources and Customer Services.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the equipment, adopt the resolution and the ordinance for budget amendment 11 -228.
ATTACHMENTS:
Resolution for Donation
B/A 11 -228
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
3 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ACCEPTING THE DONATION OF VARIOUS EQUIPMENT
WHEREAS, The Over 50's Group would like to donate a credenza valued at $350 to Parks,
Gardens, and Senior Resources to be used for storing Wii Fitness Equipment in the exercise area;
and
WHEREAS, the Volunteer Older Citizens Action League (VOCAL) would like to donate several
pieces of exercise equipment valued at $2,050 to Parks, Gardens, and Senior Resources; and
WHEREAS, Mr. Eric Brandt with MetLife would like to donate a lectern valued at $500 to be used
in the Human Resources and Customer Services Department; and
WHEREAS, a budget amendment for accounting purposes only, is required to record the value of
the donations and said budget amendment is attached as part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the equipment named above is accepted, the budget amendment and resolution are adopted; and
County staff is directed to process any required documents to finalize the transaction.
Adopted this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
3 -1 -1
AGENDA: MAY 2 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -228
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -228 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Senior Resource Center/Human Resources & Community Relations
Expenditure:
Decrease
Increase
Senior Resource Center:
Supplies
$2
Human Resources & Community Relations:
Supplies
500
Total
$2
Revenue:
Decrease
Increase
Senior Resource Center:
Miscellaneous Revenue - Contribution
$2
Human Resources & Community Relations:
Miscellaneous Revenue - Contribution
500
Total
$2
Section 2: Explanation
To accept the donation of equipment with a fair market value of $2,900. This budget amendment is for
accounting purposes only to record the donation.
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 11 -228, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2011.
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
3 -2 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
CONSENT
ITEM: 4
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of Tax Collection Reports as of March 31, 2011
BRIEF SUMMARY:
Tax collection reports for March 2011 are submitted for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve as submitted.
ATTACHMENTS:
Tax Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
CONSENT
ITEM: 5
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
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,
2011.
11 -221 - Social Services
11 -229 - Tax
2011 -48 - Sheriffs Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -221
B/A 11 -229
B/A 2011 -48
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
5 -0
AGENDA: May 2, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -221
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -221 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services / Child Day Care
Expenditure:
Decrease
Increase
Social Services /Child Day Care:
Smart Start Child Day Care Services
$30
Total
$30
Revenue:
Decrease
Increase
Social Services /Child Day Care:
Smart Start - Federal
$30
Total
$30
Section 2: Explanation
To budget an additional one -time allocation of day care funds from Smart Start of New Hanover County.
Children currently on State Day Care subsidy, which was recently cut by $180,000, will be transferred to
Smart Start funding. No County matching funds are required. No additional children will be added from the
waitlist. As of 3 /31 / 11 there were 63 7 children on the day care waiting list.
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 11 -221, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
5 -1 -1
AGENDA: May 2, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -229
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 11 -229
fiscal year ending June 30, 2011.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Tax
Expenditure:
Decrease
Increase
Tax:
Contract Services
$115
Total
$115
Revenue:
Decrease
Increase
Tax:
Miscellaneous Revenue
$115
Total
$115
Section 2: Explanation
The County has contracted with Tax Management Associates (TMA) to perform business personal property
tax audits for certain tax payers. Per audit contract, once the audit is complete and payment is received for
the discovery, the County is obligated to pay TMA twenty -five percent (25 %) of the tax, penalty and interest
collected for the discovery. Tax includes only taxes levied by the County. This budget amendment includes
only the portion of taxes, penalty and interest that is due to TMA upon collection of the revenue by the
County Tax Department. The total revenue collected by the County will be $460,112.
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 11 -229, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2011.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Jonathan Barfield, Jr., Chairman
Board of Commissioners Meeting
05/02/2011
5 -2 -1
AGENDA: May 2, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -48
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -48 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property — DOJ:
Supplies
$18
Federal Forfeited Property — DOJ
6
Total
$18
Revenue:
Decrease
Increase
Federal Forfeited Property — DOJ:
Federal Forfeited Property — DOJ
$11
Federal Forfeited Property — DOJ
6
Total
$18
Section 2: Explanation
To budget $11,354 received on 2/21/11 from GovDeals auction, and Federal Forfeited Property receipt of
$6,843 on 2/21/11. Department of Justice (DOJ) receipts are for drug seizures and Alcohol, Tobacco and
Firearms cases. Federal Forfeited Property funds are budgeted as received and must be used for law
enforcement as the Sheriff deems necessary.
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 2011 -48, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
5 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 6
DEPARTMENT: County Manager PRESENTER(S): Cynthia Brown, Executive Director and Caroline
Nunley, Program Specialist for New Hanover County Community
Action, Inc.
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of Community Action Month Proclamation
BRIEF SUMMARY:
Cynthia Brown, Executive Director and Caroline Nunley, Program Specialist for New Hanover County
Community Action, Inc. request the Board's consideration of a proclamation to recognize May 2011 as
Community Action Month. Members of their Board of Directors may also be in attendance and include:
Rev. Charles Davis, Jr.
Sandra McClammy
Natalie Hinton Stallings
John Holtz
Clarence Smith
Janett Adams
Sgt. Curtis Barnhill
Kenneth Davis
Donald Greene
Roxanne George
Kenyetta Harris
Mike Krause
Christine McNamee
Aquanetta McNeil
Sheila Schult
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Community Action Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
05/02/2011
6 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
6 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
COMMUNITY ACTION MONTH
PROCLAMATION
WHEREAS, community action agencies were created upon the enactment of the Economic
Opportunity Act of 1964; and
WHEREAS, New Hanover County Community Action, Inc. has a 43 -year history of promoting
family self - sufficiency in New Hanover County; and
WHEREAS, individuals and families of limited income in New Hanover County continue to
need opportunities which enable them to improve their lives and living conditions, thus enabling
them to live in dignity; and
WHEREAS, community action agencies make an essential contribution to the war against
poverty by providing a "hand -up" to self - sufficiency, not a "hand- out "; and
WHEREAS, New Hanover County pledges itself to continue to develop communities, ensuring
that all citizens are active and productive participants in their community.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2011 be recognized as "Community Action Month" in New Hanover
County in recognition of the hard work and diligence of the administration, staff. and many
volunteers of New Hanover County Community Action, Inc.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
6 -1 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 7
DEPARTMENT: County Manager PRESENTER(S): George Edwards, Executive Director
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of Preservation Month Proclamation
BRIEF SUMMARY:
The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring
National Preservation Month in May 2011. This year's theme is "Celebrating America's Treasures." George
Edwards from the Historic Wilmington Foundation will be present to receive the proclamation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Preservation Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
7 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PRESERVATION MONTH PROCLAMATION
WHEREAS, historic preservation is an effective tool for managing growth and sustainable
development, revitalizing neighborhoods, fostering local pride and maintaining community
character while enhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and
rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people; and
WHEREAS, "Celebrating America's Treasures" is the theme for National Preservation Month
2011, cosponsored by New Hanover County and the National Trust for Historic Preservation.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2011 be recognized as "Preservation Month" in New Hanover County.
The Board calls upon the people of New Hanover County to join their fellow citizens across the
United States in recognizing and participating in this special observance.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
7 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 8
DEPARTMENT: County Manager PRESENTER(S): Susan Fennell, Executive Director, YWCA Lower
Cape Fear
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of Women of Achievement Month Proclamation
BRIEF SUMMARY:
The YWCA will be honoring forty -eight dynamic women and young leaders at the 27th Annual Women of
Achievement Awards. The annual event will be held at the Coastline Convention Center on May 12,
2011. These awards provide recognition of outstanding contributions and achievements of women and high
school seniors active in Brunswick, Columbus, New Hanover and Pender counties. Women will be honored
in the following categories: Arts, Business, Communications, Education, Environmental, Health and
Wellness, Public Service, Volunteerism and the Rachel Freeman Unsung Hero Award. A Lifetime
Achievement Award will be given to Wilma Daniels for her support of the YWCA and our community.
The following representatives from YWCA Lower Cape Fear will be present to accept the proclamation:
Susan Fennell, Executive Director
Mary Martin, Communications Director
YWCA Board Members and Women of Achievement Committee Members
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Women of Achievement Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
8 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, women are prominent business owners and officials in our community; and
WHEREAS, women hold executive positions and provide leadership to achieve success for
businesses and organizations; and
WHEREAS, women are primary caregivers to family members in addition to their roles in the
public sector; and
WHEREAS, many of these women's accomplishments have benefited our area's business,
educational, service, cultural, and volunteer endeavors; and
WHEREAS, women's achievements have brought positive change and collectively reward us all
with an improved quality of life; and
WHEREAS, in recognition of these accomplishments the 27 Annual YWCA Cape Fear
Women of Achievement Awards will be held at the Coastline Convention Center on May 12,
2011.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2011 be recognized as "Women of Achievement Month" in New
Hanover County.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
8 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 9
DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, DSS Director and Wanda
Marino, Assistant Director of Social Work Services
CONTACT(S): Wanda Marino, Assistant Director of Social Work Services
SUBJECT:
Consideration of Foster Care Awareness Month Proclamation
BRIEF SUMMARY:
The Board of Commissioners is requested to approve the attached proclamation to recognize foster parents in
our community and Foster Care Awareness Month.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
ATTACHMENTS:
Foster Care Awareness Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
9 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FOSTER CARE AWARENESS MONTH PROCLAMATION
WHEREAS, in New Hanover County there are approximately 360 children of all ages in
custody of Department of Social Services and of those children, over half reside in foster homes,
group homes and hospitals; and
WHEREAS, it is the goal of this community to provide these children with safe, stable and
nurturing family environments; and
WHEREAS, we turn more and more to the family foster homes of New Hanover County to
nurture the bodies and spirits of the children in our charge while our social workers support
parents in building on their strengths to provide safe, permanent homes for their children to
return; and
WHEREAS, foster parents frequently adopt their foster children, which results in a continual
need for more foster families; and
WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we
publicly recognize the tremendous contribution made by foster parents, numerous individuals
and public and private organizations to the child welfare system and to the lives of the young
somehow entangled in that system.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2011 be recognized as "Foster Care Awareness Month" in New
Hanover County.
BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in
recognition of Foster Care Awareness Month, thanks all foster mothers and foster fathers for
their commitment of time and talents to these precious children and encourage all citizens to
celebrate the contributions of foster parents and child welfare professionals. The New Hanover
County Board of Commissioners further encourages the community, businesses, faith -based
organizations and families to participate in efforts to recruit and support foster families in New
Hanover County.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
9 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 10
DEPARTMENT: Finance PRESENTER(S): Avril Pinder, Finance Director
CONTACT(S): Avril Pinder, Finance Director
SUBJECT:
Consideration of Award of the County's Banking Services Contract to BB &T
BRIEF SUMMARY:
Since April 2004, Bank of America has provided banking services for New Hanover County. On February
7, 2011, the County issued a Request for Proposals (RFP) requesting proposals from qualified banking
institutions.
Proposals were received on March 15, 2011 for Banking Services. Six banks responded to the Request for
Proposals (RFP) and are named below:
• Bank of America
• BB &T
• First Citizens
• New Bridge
• SunTrust
• Wachovia
Staff evaluated all proposals and selected BB &T as the firm to recommend to the Board for award of the
contract. BB &T demonstrated to staff that they were capable of providing the services requested and
required by the County. The firm also meets the legal qualifications and possesses sufficient financial
strength and capacity to render the banking services needed by the County. Other essential items considered
included:
• Waiver of FDIC insurance premiums
• Lower annual fees
• Guaranteed interest rate no lower than 0.30%
• Compensating balance requirement of $10,031,000
• No fee for armored car service
• Local client core team
The effective date of the contract will be July 1, 2011.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt attached resolution and award contract to BB &T to provide Banking Services for the County.
ATTACHMENTS:
RESOLUTION
Board of Commissioners Meeting
05/02/2011
10 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
10 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF CONTRACT FOR BANKING SERVICES
WHEREAS, after due advertisement in the Star News and on the County's Finance Website,
proposals were received on March 15, 2011, for Banking Services for the County from the following
institutions; and
• Bank of America
• BB &T
• First Citizens
• New Bridge
• SunTrust
• Wachovia
WHEREAS, staff reviewed and evaluated the proposals and determined that BB &T submitted the
best overall proposal offering its services to the County at the most economical cost; and
WHEREAS, BB &T meets the requisite legal qualifications and possesses sufficient financial
strength and capacity to provide the banking services sought by the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover
County that the contract for banking services be awarded to BB &T with an effective date of July 1,
2011; and that the County Manager is hereby authorized and directed execute the contract, contract
form to be approved by the County Attorney.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
10 -1 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 11
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner; and Shawn Ralston, Long Range Planning
Manager
SUBJECT:
Public Hearing
2010 NC Small Cities Community Development Block Grant (CDBG) Program - Scattered Site
Housing (SSH) Grant Award CDBG Grant #: 10 -C -2171
BRIEF SUMMARY:
New Hanover County has been awarded a $400,000 Scattered Site Housing Program grant from the NC
Department of Commerce, Community Investment and Assistance Office. This is the fourth SSHP grant
received by New Hanover County since 2001.
The grant project will involve the demolition and clearance of two houses, the reconstruction of two houses
and the rehabilitation of three houses, all of which are occupied by five very low income homeowners.
Temporary relocation assistance will also be provided to the two households receiving replacement
homes. In order to comply with the terms and conditions set forth in the grant requirements, the
Commissioners must approve the grant award and authorize the Chairman to sign all grant documents.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct the public hearing; approve the $400,000 Scattered Site Housing Program grant award; authorize
the Chairman to sign the Grant Agreement, the Funding Approval, the Performance Based Contract, and the
Signatory Form and Certification; adopt the Project Ordinance and the ordinance for
budget amendment 2011 -49 and authorize the Chairman to sign.
ATTACHMENTS:
2010 CDBG -SS Grant Budget
2010 CDBG-SS Grant Agreement
2010 CDBG-SS Funding Approval
2010 CDBG -SS Signatory Form & Certification
2010 CDBG -SS Performance Based Contract Implementation Schedule
Capital Project Ordinance
B/A 2011 -49
Map of Property Sites
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
05/02/2011
11 -0
COMMISSIONERS' ACTIONS:
Conducted public hearing and approved 5 -0.
Board of Commissioners Meeting
05/02/2011
11 -0
10. Project Bud for C-1 Activities
Name of Applicant:
New Hanover Count
1. CDBG Grant Amount Re
$400,,000.00
2. Pro Incom e
3. Subtotal CDBG Resources
$400,,000.00
4. Other Funds
5. Total Project Resources
$400,,000.00
L 6. Activit
I I :JCnIL
8. Other Costs 9. Total Project Costs
,a. Ac
b. Disposition
!c. Public facilities and improvements
11111 J"
handicapped centers
------------
...
(2) Parks, pla and recreation facilities
-
(3) Nei facilities
(4) Solid waste disposal facilities
(5) Fire protection and e
L (6) Parkin facilities
(7) Pu blic utilities other than water and sewer
(8) [Reserved)
— (9) Street improvements
(10) Flood and draina improvements
-- (11) Pedestrian improvements
(12) Other public facilities
(13) Public sewer improvements
(14) Public water improvem
d. Clearance actives
e. Public services
f. Relocation assistance
ig . Construction, rehabilitation and preservation
---- a ------ - --------
(1) Construction or rehabilitation of commercial
and industrial buildin
(2) Reh-abi-litat-i-o-n --- of --- p-riyatel-y--own-ed --- dwellin
a. Rehabilitation
'�$120,,000.00
$120,000.00
b. Reconstruction
200000.00
200000.00
c. Clearance
40
40,
d. Temporar Relocation Expenses
off I
(3) Rehabilitation of publicl owned dwellings
(4) Code enforcement
.,
(5) Historic preservation
h. Development financin
(1) Workin capital
(2) Machiner and e
i. Removal of architectural barriers
j. 0 t her activities
k-SUBTOTAL
$378,pOOO.00
$378,000.00
1. Plannin (should not exceed $7,000)
------------ — -- - ---------- --- - ------------------
m. Administration
22'POOO.00 ------------ - — --------
35
Board of Commissioners Meetin
05/02/2011
11 - I - I
Definitions. Except to the extent modified or supplemented b the a an
term defined "in the North Carolina Communit Development Block Grant
Admu'listrative Rules, 4 NCAC 19L. shall have the same meanin when used herem',,
(a) A means this g rant a as described above and an
amendments or supplements theretoM
Recipient means New Hanover C the entit desi asv--�
v "
recipient for g rant assistance in the g rant a and fundin
approval.
,c) Certifications mean the certifications submitted with the g rant
application pursuant to the re of Para (e) of Rule
.0407 of the North Carolffia Communit Development Block Granil
Administrative Rules, 4 NCAC 19L. I
( e ) Pro means the communit development pro pro or
other activities,, includin the dministration thereof, for which
assistance is bein provided under this A and which is
Board of Commissioners Meetin
05/02/2011
11-2-1
described 'in the Ree ipient's approved application, as ma be
modd.
ivin ir
The date for rece' g the g rant means the date of the CI D* ector's
si on the Grant A and Fundin Approval.
to the procurement standards set forth in 4 N.C. Admi'm* strative Code 19L .0908 as ma be
applicable.
Changes to A Recipient a that DOC ma supplement or modif this
A as ma be necessar to implement additional or modified Federal or State
g uidance re implementation of the CDBG pro
k
Board of Commissioners Meetin
05/02/2011
11-2-3
Recipient a to include these satne prohibitions 'in all such contracts or subcontracts Wil
an subrec or other third parties relatin to the Pro
Additionall certain limited exceptions to the conflict of interest rules listed *in 24
C.F.R. § 570.489 ma be g ranted in VMn b HUD and/or DOC upon written
re and the provision of *information specifiedin 24 C.F.R. § 570.489(h)(ii)(4).
tt
w.
b addition, Recipients will be re to coordinate additional activities as it relates 4
Section 3 with the DOC CDBG Compliance Office.
17. Section 504 and ADA. Recipients must complete the Section 504 Surve and
Transition Plan. This plan W1611 not satisf all the re of the Amen*cans
with Disabilities Act, but it will meet the minimum re for a CDBG
assisted project.
ffi an event, per 24 C.F.R. 570.489( all purchase orders and contracts shall include an
clauses re b Federal statutes, executive orders and *
M lementin re
IP
"1 214
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05/02/2011
11-2-6
Recipient a to maintain records re compliance with the laws and re
cited *in 4 N.C.A.C. 19L. 1006 (includin the citations listed above) 'in accordance with 4
W.C.A.C. 19L.091 I.
All contracts between Recipient and third parties shall contam' labor standards provisions m,
0
re "in 4 1006.
TO
24. OblMation of Re M "ient With Re to Vacant Units. The recipient shall ensure that
all vacant units bem' rehabilitated will be oc *ed b a low or moderate M"come
CUP
person b the time close-out occurs,
"WIVILr
Board of Commissioners Meetin
05/02/2011
11-2-8
( b ) The Recipient must obli all funds withm" 27 months ( Jul y 5,2013 from the dat
the Grant A and Fundin Approval are si b CI Director.
(c) All funds are to be expended withm' 30 months (October 5, 2013) from the date the,
Is
Grant A and Fundin Approval are si b CI Director. An
remainin funds will be de- obli
(d) All closeout documents must be returned to CI b ( Januar y 5,2014).,,
( -D T imely Draw down of Funds. Recipient is expected make timel draw downs so that
funds are expended in a timel manner.
V4.
A'
IT
I " IFRI
The CPD Performance Measurement S is HUD's response to the standards set b th;
Government Performance and Results Act ( GPRA) of 1993. This act holds all Federal
a accountable for establishin g oals and objectives and measur"n achievements.
9
Board of Commissioners Meetin
05/02/2011
11-2-9
"a) The reciplent must ensure that all activitiesm" the funded project(s) meet the
appropriate objectives, outcomes, and indicators established b HUD and selected b
DOC. CDBG fimds cannot be used to pa for an activit that does not meet the
above re
(b) The recipient must also assist DOC, when re in collectin 'indicators and an
a
other data necessar to fulfill the re of the CPD Performance Measures
S which 'includes data for the Inte Disbursement and Information
S (IDIS). I
Secretar of the Department of Commeraw-,
'11
Director
Communit -Investment and Assistance,
El B
Si of Authorized Official
U , I'll
Board of Commissioners Meetin
05/02/2011
11-2-10
4. Fundin Approval Conditions
The followin conditions must be removed in writin b Communit Investment & Assi stance (CI) 'in
order for all -flunds to be released for the approved projects listed 'in item (3), above-,
to
A. Environmental Condition.
No fli-inds ma be obli g ated or expended 'in an project activit except for the administration
activ 'J"t in the C- 1 project until the recipient has complied with the Environmental Review
Procedures for the N.C. CDBG Pro and the CDBG re contained in 4 NCAC
19L. 1004.
it. Admi"nistration Contracts7lnter-local a Condition:
No funds ma be obli or expended in an pro activit except the admffiistration activit
until the recipient has submitted either a cop of the contract awarded for administration of this
g rant or a statement si b the CEO statin that the contract will be administered intemall
No funds ma be obli or expended in an project activit except for the administration
0
activit until the recipient has returned to CI one cop of the properl completed Performanc
Based Contract si b the CEO. I
Count of New Hanover
Board of Commissioners Meetin
05/02/2011
11-3-1
10-C-2171
04/05/11
Date
6. Si of Authorized Local Official
am
M I, TIMM,
Count of New Hanover
ME
2
Board of Commissioners Meetin
05/02/2011
11-3-2
"Im
SIGNATORY FORM AND CERTIFICATION
Grant No. 10 -C -2171
Recipient Name: NEW HANOVER COUNTY
Address: 230 Government Center Drive, Suite 175
Wilmington, NC 28403
Signatures of individuals authorized to sign Requisition for Funds forms. (Two signatures required on each requisition.)
(Signature)
(Signature)
(Signature)
(Signature)
Chris Coudriet, Assistant County Manager
(Typed Name) (Typed Title)
Avril Pinder, Finance Director
(Typed Name) (Typed Title)
Chris O'Keefe, Planning & Inspections Director
(Typed Name) (Typed Title)
Shawn Ralston, Long Range Planning Manager
(Typed Name) (Typed Title)
CERTIFICATION
I certify that the signatures above are of the individuals authorized to sign Requisition for Funds form for the
above recipient.
, Chairman, Board of Commissioners
Certifying Official + Title
The governing board has passed a resolution authorizing the persons above to sign Requisition for Funds
form for the above recipient. A copy of the resolution is attached.
I certify that the signatures above are those of the individuals authorized by resolution of the governing board
of the recipient to sign Requisition for Funds forms.
Certifying Official + Title
Board of Commissioners Meeting
05/02/2011
11 -4- 1
SIGNATORY FORM AND CERTIFICATION
INSTRUCTIONS FOR COMPLETING SIGNATORY FORM AND CERTIFICATION
1. Indicate name and address of the recipient.
2. Two authorized signatures shall be required on all Requisition for Funds forms. The Division of Community
Assistance will check the signatures on each requisition form to see that they match the authorized
signatures on the Signatory Form and Certification. Only the signatures of persons shown on the Signatory
Forms and Certification will be accepted.
3. To allow for flexibility in making requisition requests, it is recommended that four authorized signatures appear
on the Signatory Form and Certification. Local governments may choose one of two options in completing
the Certification. If the local government chooses to use the first option, the chief elected official or the chief
finance officer must sign the form as the certifying official. In signing as the certifying official, the chief elected
official or chief finance officer certifies that: 1) the signatures are authentic and 2)that the persons designated
as signatories are authorized to sign requisitions for payment. If the chief elected official or the chief finance
officer is the certifying official, that person may not also be an authorized signature.
If the community wishes to have both the chief elected official and the chief finance officer sign requisitions for
payment, the community should select the second option for certification. In this case, the governing board
must pass a resolution authorizing sufficient persons to act as signatories. In addition, an individual who is
not designated as a signatory must certify the authenticity of the authorized signatures. Anyone who knows
all of the persons authorized to sign requisitions may sign as the certifying official. Another local government
staff person or member of the governing body is recommended.
4. If the recipient wishes to change the persons authorized to sign the requisition for funds form a new Signatory
Form and Certification must be submitted to the Division of Community Assistance.
5. No erasures or corrections may appear on the Signatory Form and Certification.
Board of Commissioners Meeting
05/02/2011
11-4-2
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CAPITAL PROJECT ORDIANCE
COMMUNITY DEVELOPMENT BLOCK GRANT
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County ( "County ") is engaged in the Community Development
Block Grant, 10 -C -2171, which capital proj ect involves the construction and /or
acquisition of capital assets.
2. County desires to authorize and budget for said project in a project ordinance
adopted pursuant to North Carolina General Statute $159 -13.2, such ordinance to
authorize all appropriations necessary for the completion of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute
$159 -13.2.
2. The project undertaken pursuant to this ordinance is the Community Development
Block Grant Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
CDB G Grant
Total
$400,000
$400,000
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense $400,000
Total $400,000
5. This project ordinance shall be entered in the minutes of the Board of
Commissioners of New Hanover County. Within five days hereof, copies of
this ordinance shall be filed with the Clerk to the Board of Commissioners of
New Hanover County.
Adopted this 2 nd day of May, 2011.
Clerk to the Board Jonathan Barfield, Jr., Chairman
Board of County Commissioners
Board of Commissioners Meeting
05/02/2011
11 -6 -1
AGENDA: May 2, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -49
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -49 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Community Development Block Grant (CDBG) Fund 390
Department: Planning and Inspections
Expenditure:
Decrease
Increase
Community Development Block Grant 2010 C -2171:
Project Administration
22
Temporary Relocation Expenses
18
Clearance
40
Rehabilitation
120
Reconstruction
200
Total
$400
Revenue:
Decrease
Increase
Community Development Block Grant 2010 C -2171:
Federal CDBG Grant
$400
Total
$400
Section 2: Explanation
To budget a $400,000 Federal Community Development Block Grant - Scattered Site Housing program
award (CDBG -SSHP) from the NC Department of Commerce (DOC). These funds will be used to provide
demolition and reconstruction of two houses and rehabilitation of three additional homes for five very low
income homeowners who reside within the unincorporated area of NHC. Temporary relocation assistance
will be provided to the two households receiving replacement homes. No County matching funds are
required, and no new positions are being requested.
In accordance with the CDBG Program requirements, public hearings were conducted at the October 18,
2010 and November 15, 2010 meetings of the Board of County Commissioners to solicit citizen input
concerning the 2010 CBDG — SSHP application. At the November 15, 2010 meeting, approval was given to
submit the application and the application was signed by the Chairman.
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 2011 -49, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
11 -7 -1
1 208 HOLLY SHELTER RD -
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 12
DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane
Daughtridge, Current Planning & Zoning Manager
CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z -910, 04/11) — Request by James Yopp on Behalf of Rockford Partners, L.L.C. to
Rezone Approximately 27.23 Acres at 1300 and 1305 Rock Hill Road from R -20 Low - Density
Residential to R -15 Medium - Density Residential
BRIEF SUMMARY:
At their April 7, 2011 meeting, the Planning Board voted 6 -0 to recommend approval of the R -15, Medium -
Density Residential, rezoning request. No one from the public spoke in support of or in opposition of the
request.
Both parcels are classified as Wetland Resource Protection Area on the 2006 CAMA Land Classification
map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff supports 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 its
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 MOTION for approval:
I move to approve this request to amend the zoning map from R -20 Low - Density Residential district to R -15
Medium - Density Residential because the proposal is:
1. Consistent with the purposes and intent of Policies and Land Classification in the 2006
CAMA Land Use Plan relating to development in resource protection areas. It is also
consistent with the goals and objectives contained within the 1991 Wrightsboro
Neighborhood Plan; and
2. Reasonable and in the public interest to rezone 27.23 acres from R -20 Low - Density
Residential to R -15 Medium - Density Residential in this location adjacent to similarly
approved development.
ATTACHMENTS:
Staff Summary
Z -910 Petition Summary
Board of Commissioners Meeting
05/02/2011
12 -0
Z -910 Adjacent Property Owners Map
Z -910 Sunset Reach - TRC Approved Perf Res Plan
Z -910 Application Package
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The petitioner's request for continuance was approved 5 -0.
Board of Commissioners Meeting
05/02/2011
12 -0
CASE: Z -910
PETITIONER: James Yopp, Agent for Rockford Partners LLC
REQUEST: Rezone from R -20 Low - Density Residential to R -15 Medium - Density Residential
ACREAGE: 27.23 acres
LOCATION: 1300 & 1305 Rock Hill Road
LAND CLASS: Wetland Resource Protection Area
STAFF SUMMARY
PLANNING BOARD ACTION: At its April 7, 2011 meeting, the Planning Board voted 6 -0 to recommend
approval of the R -15, Medium - Density Residential, rezoning. No one from the public spoke on behalf of
or in opposition of the request.
PROPERTY SPECIFICS The properties are located at the terminus of Rock Hill Road. There are two
parcels which are part of this request, 1300 and 1305 Rock Hill Road. 1300 Rock Hill Road is a 1.94 acre
tract, owned by Martha Loughlin and 1305 is a 25.29 acre tract, belonging to Rockford Partners LLC., for
a total of 27.23 acres.
CHARACTER OF THE AREA
Current Zoning R -20 Residential District is established as a district in which the principle use of land is
for low density residential and recreational purposes. The regulations of this district are intended to
discourage any use which because of its character would substantially interfere with the development of
residences and which would be detrimental to the quiet residential nature of the area.
Proposed Zoning R -15 Residential District is established as a district in which the principle use of land is
for residential purposes and to insure that residential development not having access to public water
and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to insure
environmental health.
Although the front portion of 1305 Rock Hill Road is located within the Special Highway Overlay District
(S.H.O.D), residential development is exempt from the ordinance requirements outlined in Section 59.6.
The subject properties are currently zoned R -20 low- density residential. However, both parcels are
currently part of the Sunset Reach Performance Residential subdivision, preliminarily approved by TRC
on September 12, 2009 for a total of 52 lots. Zoning immediately south and east is a continuation of the
R -20. However, there is a variety of zoning in the area. Southeast of the site is an R -10 performance
residential subdivision, Walnut Hills, with a density of 3.3 units per acre and a sewer treatment package
plant to accommodate the higher density. North, is a Planned Development, identified as Rose Hill
Landing, with an approved density of 2.5 units per acre. West of the subject properties, across the N.E.
Cape Fear River is an intense 1 -2 Industrial District.
Board of Commissioners Meeting
05/02/2011
12 -1 -1
DENSITY R -20 zoning allows up to 1.9 units per acre or a maximum of 52 lots. The approval of this
rezoning to R -15 would increase the performance residential density to 2.5 units per acre and allow for a
total of 68 units, a n increase of 16 units.
ACCESS: Rock Hill Road is a neighborhood collector street maintained by NCDOT. A planned collector
street within Rose Hill Plantation, a planned development district to the north, will stub to this property
and may provide future access through that development to Chair Road.
TRAFFIC: Traffic counts are not typically provided for local roads; however, the WMPO conducted a
study on Rockhill Road in early April and the results illustrate the average weekday trips are 1,520. The
capacity of Rockhill Road is 10,000 average daily trips. Therefore the volume to capacity ratio is 0.152,
which translates to a Level of Service A. In conclusion, Rock Hill Road appears to be operating at optimal
efficiency without congestion during peak travel periods. The ADT on Castle Hayne Road, slightly south
of Chair and Rock Hill Road, between Swartville and Old Mill Road, have decreased from 13,927 (2009)
to 12,261 (2010). The 2007 LOS for the Rockhill /Castle Hayne Road intersection is E, meaning the
roadway is currently operating at capacity and traffic is experiencing delays at intersections. No TIA will
be required for the maximum number of lots allowable.
COMMUNITY SERVICES:
Water /Sewer Water is available per Cape Fear Public Utility Authority. Septic tanks will be required to
serve the area until such time as public sewer is provided. Dry sewer has been installed. Environmental
Health will evaluate the adequacy of any subdivision proposal to be served by septic tanks.
Fire Protection The property will be served by Wrightsboro fire district.
Schools: School districts are determined by the New Hanover County Board of Education periodically.
LAND CLASS The subject property is located in the northern portion of the county in an area classified
as Wetland Resource Protection on the 2006 CAMA Land Classification map. The Wetland Resource
Protection Area designation is designed to decrease the intensity of development because of the areas
vulnerability to flooding and /or the need to preserve environmentally sensitive areas.
ENVIRONMENTAL CONSIDERATIONS The subject property is located within the Little Creek watershed
drainage area which is classified C (Sw).
Approximately 1.4 acres total, between both 1300 and 1305 Rock Hill Road are located within the AE
floodplain. Development within the AE flood zone would be subject to the regulations outlined in the
Flood Damage Prevention Ordinance.
The soil maps indicate a variety of soils located on each parcel. 1300 Rock Hill Road contains Dorovan,
Class IV, unsuitable soils and Kenansville fine sand, Class I, suitable with slight limitations, containing a 0
to 3 percent slope. 1305 Rock Hill Road contains Dorovan, Class IV, unsuitable soils; Kenansville fine
sand, Class I, suitable with slight limitations, containing a 0 to 3 percent slope; and two Class II soils,
Baymeade fine sand (which contain 1 to 6 percent slopes) and Stallings fine sand, with moderate
limitations, modification, and maintenance requirements.
Board of Commissioners Meeting
05/02/2011
12-1-2
PLANS and POLICIES: In Policy 2.3, the 2006 CAMA Land Use Plan specifically encourages development
patterns that preserve natural areas, buffers, and trees by developing types that allow greater design
flexibility. To date Sunset Reach has been sensitive to the natural surroundings and has preserved a
number of significant trees, natural features, and topography of the property.
The Wrightsboro Plan, established November 4, 1991, reemphasizes the need and desire of the
community for growth to take place rationally, with adequate services and appropriate provisions for
protection of the environment and overall quality of life residents are accustomed to.
STAFF POSITION: Staff feels that the request for rezoning of both 1300 and 1305 Rock Hill Road are
consistent with the 2006 CAMA Land Use Plan, the stated intent of the R -15 zoning district, and the
Wrightsboro Small Area Plan. The impact of the increased density will be consistent with the adjacent
planned development and the land classification. Density will also be restricted by septic suitability until
sewer is available. Therefore, 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 its
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 for approval:
The County Commissioners find that this request for zoning map amendment from R -20 Low - Density
Residential district to R -15 Medium - Density Residential as described is:
1. Consistent with the purposes and intent of Policies and Land Classification in the 2006 CAMA
Land Use Plan relating to development in resource protection areas. It is also consistent with the
goals and objectives contained within the 1991 Wrightsboro Neighborhood Plan; and
2. Reasonable and in the public interest to rezone 27.23 acres from R -20 Low - Density Residential
to R -15 Medium - Density Residential in this location adjacent to similarly approved
development.
Board of Commissioners Meeting
05/02/2011
12 -1 -3
Case Z -910 (04/11)
Rezone 27.23 acres from R -20, low- density residential, to R -15, medium - density residential
Petition Summary Data
Parcel ID R02400- 002 - 010 -000 & R02400- 002 - 025 -000
Owner /Petitioner: James Yopp on behalf of Rockford Partners
Existing Land Use: 1305 Rockhill Rd is vacant, unused land and 1300 Rockhill Rd contains a single family
residence
Zoning History: Area 10A (July 1, 1974)
Land Classification: Wetland Resource Protection Area
Water Type Public
Sewer Type: Septic, dry system
Recreation Area: Cape Fear Optimist Park and Castle Hayne Park
Access & Traffic Volume: Two routes of access: A.)Chair Road (local) to Castle Hayne Road (major arterial) no
counts on Chair Road or Rock Hill Road. B.) Rock Hill Road (local) to Castle Hayne Road (major arterials). The
ADT on Castle Hayne Road, slightly South of Chair Road and Rock Hill Road at the between Swartville Road
and Old Mill Road, have decreased from 13,927 (2009) to 12,261 (2010). The 2007 LOS for the Rockhill /Castle
Hayne Road intersection is E.
Fire District: Wrightsboro Fire District (WVFD)
Watershed & Water Quality Classification: Little Creek; C: Sw
Aquifer Recharge Area: Recharge area of Sand -hill aquifer -water table conditions
Conservation /Historic /Archaeological Resources: Front portion of the 1305 Rockhill Road property is located
in the S.H.O.D. and will be subject to the regulations outlined in Section 59.6. No C.O.D. regulations are
applicable, 1300 is entirely pine forest and 1305 is a mixture of pine forest and urban and developed land.
There is an area of AE flood zone, with a static base flood elevation of 8, located in the rear yard of both
1300 and 1305 Rockhill Road.
Soils: 1300 Rockhill Rd contains Dorovan soils and Kenansville fine sand. 1305 Rockhill Rd contains Dorovan,
Kenansville fine sand, Baymeade fine sand and Stallings fine sand.
Septic Suitability: 1300 Rockhill Rd contains Dorovan, Class IV, unsuitable soils and Kenansville, Class I,
suitable with slight limitations fine sand, containing a 0 to 3 percent slope. 1305 Rockhill Rd contains
Dorovan, Class IV, unsuitable soils; Kenansville, Class I, suitable with slight limitations fine sand, containing a
0 to 3 percent slope; and two Class II soils with moderate limitations and moderate modification and
maintenance requirements, Baymeade fine sand (which contain 1 to 6 percent slopes) and Stallings fine sand.
Schools: Wrightsboro Elementary School
Board of Commissioners Meeting
05/02/2011
12-2-1
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Board of Commissioners Meetin OF'
05/02/2011
12-3-1
I
Al-
t3oarc[ of (-ommissioners meetin
05/02/2011
12-4- 1
Petitioner Inforty.taCon Propert Owner MiNir,,_�ct '11rco.,peilkv
Ff d qf ewnt than Petitioner
N 4
,1111141
Jaln,--_�� YO MeMber/ri--i'll-a enr
3EMEMNEW
M-artha Lou Re'v Trust
ONvner Naiiie 2,
'Ad (I res S
Rnckford Flcii:'tne-cs JJ""C
Address
P.O. Box 1-019
001i, s4Atc' zip
Wil tip ,inqLnri, N.C. 28402
910 - 14 3 - 3 0 6 0
1300 Rock Hill Road
C"it State, zip
Castle Na, N.C. 28429
910 675-00-41
Enlail
P-15
U111 Cµ7
ocle f ordpar tn., r s . ne t t1and Resoui,,% )i' o
J a ni r
we
SUBMISSION R 1''EMEATS
E911—RCIM1.1
PLEAS F,','READART1 CLE X1 OFTHE ZONING ORDINANCE PR10,_,R 1`0 S1,_JR1RflSSK0N
pet i t 10 11 S I'll t I s t be rev i e ed b P 1,,fi n n! i n o' & Z o n 1 11 g 156 r co m p I ete 1.1 ess p ri o r t o, accept a ii c e. 0 U [ITC C I I C 0 1, 1 N'A t o n s i_i I t v i t h
1. -ions itivolvin -five ( 5 ) , acres or less a fee of$400.,00 vvill be char -66 1hose ofn-mce
41 I 1-1 1. a )1 11 C r p r i o r to i
s u b iii i,"- sio i - F o r Pct t 1� ,
t h ari 11 vc (5) ac res �a fee ol * $60 0. 0 0 \v 111 h c: c car g e d. "I" h, 1 s ],-cc, pa , to N e w H an ov c r C 0 Ll 11 tV, M U S'T ac c o ai p (.Ui,�y s
P Ctition"I'"he 1"011owilI SU. iii.foni,iatioti is re
1. 011e cop ot'dic New HLi,,nmer COL111t Tax. Map, wh_ich deH ire ,-:ites the propert re for rezotimi
2. Le descrlptio:i (h mctes and. L)OWids) of propert re -rot, rezontil'
. op i
- 1011 1111111) 1111111) 1111111) O or
r 1'ecded pkat \,k-hich delirieates -the property.
3 C ofthe s -L b ch v 1, S'
4. p p I I c i ii C s ans-Ners to the ciuiestion.s on this application.
5. A u t ho H t fo r a i F po i rit ni e ii, t u f' a t -fo r i n ( If app I i ca b I c)
6. Verif Y I -C 1
P aSt 1, 1101 111,11S C
('011s tllt I
"!'th
y , that uio, actloii has tak--en, place oi-i an porfi.,0.1,1� of the P ropert y �'vith ill 1. 11
staafl).
7. Aii s ret ' L.j i rein ents ol"thie ordiiiatice ( For emlmple, Sectioti, 53.5 for Pjal-11.1c"d !Deve' lopi -lie !'it Dis�lricl, Sc'clioil
t".xcc F)csi Zwilri District or Sectioij 59.9 Rlverftoiitt Mixed Use Districf
8. Re t on Corni-MlIn A t eeflm4
(see sectioll 1) if appl icahle.
REVIEW PROCEDURES
I)etitions for ch., of ino arc llirst re-ferred to the New Hcaiiover Count Manniii Roard taj.id then llctcd iipon hTV?
the New Fla.n,over Comit Certain specializcd districts ( Riverfi-mit Mixed Use, f"'I�-imicdl
1
Development, and Exccptiona] Desic)-n Zonfl.i. District) nia re rcview b Review coll'-1,111ittee 10
It"
to apphultion subj.11ission.
Board of Commissioners Meetin
05/02/2011
12-5-1
Colllplcl ctifions �.'ind SUppleflIel'It Elf ): Infori-nution rnust be reviews d and Cweeptecl h 131(annin & z0fliti
( 20 ) workin da before thle I'llannino Board nIectin to 911ow adepate t1me lbr processino ,I:nd "advertiseni,crit ns re
V7
b flic North Carolinn. Genei-al Stat(o,es.
UnJess other VVISe published or anlIOLHICed, Plannina Board aieeti I n are lie 1 d on the 11i rst Th UNCkl Of C11-C 11, 1110 [11111 al t
5:30PM in the Comniissioner's Assc-IR.-ibl Room at the Old COL111t COLIIIIIOUSC, ,.i.t TI u, rd. and; Pl,-inccss ��,,)Itreels. W111111111
North Carolin,a.
Iftlie Plc,lnjlin� g Board approves Y our petition, the re will 'cALIWMaticall be re- 6c-rrecl to the Ro,,R,rd of'Couinly
CoriiiiIissioners. If y our petition is dcniecl., y ou 111a 'appeal to the Boaed. of Commission.ers. plannin.g i
-Idvs l.
l, y ou
& Zonin ciln
reonxclin appeal proc res
edu. 1`)Ie,)sc note tti.ere is Li 12 mion
2-th wait re
id betw n bs
ee SUe rezol"Illi re eL is mi, lhc, sainc
Z?
p a rc c I o r an p ca rl ot' it ( i -e fe i,° e n c c S e c t i o i. 1 11 '1 - 3)
The owrier/applicant WICI 0J-' '(AUth.(),HZed [10ellt S11-10LIld plan. to alt iii all nieeti I ngs at which this rc Neil be h,
cL,ir�_L
ZIn U_
WH A T Y 0 U A/1 U S T E S T A 13 1A, S 1-1.
FOR A 011-A.N
,a 0 F ZONING
YOU iJ1tC1I(lC([ USC Of� P rOpel - IN' 0 I'CZ011in is conipletel irrelevant-, except for condikon,,al L[ Se district pr opus fls. " • Noah C,,.irohna General Statutes I-e tll�lt Wilin +e ulatis, shall be ni.ade in accordance with ta con1prehensive
The g overnin g oar is to adopt statements tliart the chdin is or is not cons steut, P tun(J in (he
puiblic's Interest. Since an'lenchilefils to Zonin niaps ShOUld also be based on a Land USC Mail, Y OLI. HILISt C�X lI0NV Y OUt'
re ire St satisfies each ot'tlic 1`611mviril".). 1'ec ( Fill in below or attach additional paues).
V
1. Flow would the re GkIll be C011SIStent Witli the Count Policies for ('v'rowth ai,W Developruent?
ser. rat tEtchment A
2qi 1 10W WOUld L11C re chan be consis en.t with the propert class HIcation oil, tfiv L"IRAnt C-1-sissific-ation
ma p?
see -LttachmenL T
3. Wli:cit si nei chan have OCCU11-1-ed to nial<e the of zonin imappropriale, orho.,,,v istlicki'l-I'd
Involved unsultable ro-1- the tises permitted under flie existin zonin
,S.,ee attachment
Board of Commissioners Meetin
05/02/2011
12-5-2
4. I-Jove vii I i thl's chan ol-zon'11I SC.1-VC fl-IC- pUblic interesi.
at-rachrnent:. Tl
1-1-h Si t1fis petiflon" I -unclerstancl that tile existing,zoning,map -1 is presumed to be coa-i-ect :and t1i 4 k
tlr�
burd.cm or p-rovin why a chanue is in dic public 1.1iterest. I further understand tbe sin otit of otke p,dIrcc-A of �,"aud f6r
Speefli to Comit poficies, and the sut-rouildin neighborhood wotflid prohl'ibl be 111cc2al. i
, I Zonin trcattiaol,,�,it, unxel-atc(Ij I t�
certif th'at. this a is cornplete K-Ind. that'all information presented. iti this cappheation 'i's to (he
lil knowled infai-Im.,1"fion, and h-ellef.
Jaiiies Yopp
Si of Pehhotier and/or Propert Owner Pt-111.0 Name
Board of Commissioners Meetin
05/02/2011
12-5-3
AT-l-ACHIAENT A,
comin months as well as residents in the g rowin g Castle Ha area.
The followiri,, are sores of the policies contained in the New Hanover Count Land Use Plan that
kvill be proinoted b -the proposed R-15 rezonin and the flexibilit of a Performance Residential
D evr 1 o p nn e- n t.
-Pol r-ncoura development patterns that preserver tt ra areas, buff ers, and trees
b developin, stai,idards for cluster development and other development and other
developmerit -t that allow g reater desi flexibilit
Q I')
Desi and Re Polic 5'2� Encoura innovative developi-nent. strate while
-clin desi that enhan ce the calesthetics and minimi ze adverse
p rovil n g ul
environmental impacts of the built environment.
FACILITLS AND SEI-WICES
Board of Commissioners Meetin
05/02/2011
12-5-4
PO R 4. Pro � ct Water q ualit y b ensurin that draina from land use activities has a
rate of flow 'C311nd volume characteristics as near to pred"evelopmetit conditions as possible..
TH IS REZONI N G IS CONSISTENT WITH NEVV HANOVER COUNTY LAND USE PLAN AND POLIG ES
FOR A WE.-L-PLANNED GROWTH.
2) H011V 11VOWd Fhe 1"e zone
chan be consistent with the pert clossificution on the
Lat-jcl Class�ficatloo.Mop? The propert classification the Land Cl� Map is Wetland
Resource PruLectif,,)n. The allowable densit of the R-15 rezonin is consistent wi . th the Land
CI S ss i f i t ;i i i M ap. Th e S urest Rea ch d eve]o prent has been se n s itive to 'L h e nature I
u r ro undi in ai -i%-1 i icas preserved a number of si icant trees, na Lura I Teatures a nd topo
0-IF this uni la, idscape.
3") Whotsl, r)ei hove occurred'to make the 0
wilth, the an Ciassification Map and surroundi,n properties.
Board of Commissioners Meetin
05/02/2011
12-5-5
A
4'
rl
:PROPERTY DESCRIPTION'"
1110,1 fill VA thO aertskot A T h`' uni, I w 11
mere
Comit �tJ o u 7 , e, H . , ,- a::
yyaa
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r r to s s, 1 s �s
and w0s, hiburlha, IT
;,e .or ded ill Ulan Thorc)k
-Pa 243, of It he" TA3,i,-A!
1-11naver
Churt 'P.cf iqr reflownce
W whirsh TIN W, burhv
T Qf! C
ee- c () 1 1 1 1 (y t cc 4 r Is" C - F r
Board of Commissioners Meetin
05/02/2011
12-5-6
,New Hanover COLIVA
P,
V
r
L
n -.i i i f o
P
"R L 1,noT
1 I D
Address
U r] it,
Cit
Zip Code
Nei
Class
Land Use Goer
Cryin Uni�ts
AcreF,
Zonin
Le Descrip lip n
Tax Dic.trict
Owncr
Cit
State
Countr
Zip
I
k 1, ")f
0 v
321011.55.6965A00
1300 ROCK HILL RD
CASTLE HAYNE
�1,948ACRES) LOT 2 RECOMBINATION WILLIAM %"X MARTHA
LOUGHLIN
FD
LOUGHLIN MARTHA P REV TRUST
CASTLE, I-IA` I\JE
NC
284129
THE DATA IS FROM 2011
1 of I
[ 1 Sonu-11L'Ir
r�- "I F"rintablic Ver,;inn
Data Cop New Hanover Count [Diisdalmer] [Privac Pok Last Updated, 26 Feb 2011.
Site Desi Cop 1999-2006 Akanda rOU I-LC. All ri reserved.
Board of Commissioners Meetin
12-5-7
'K T
,Nc)Al Hanove,-,r Count
yii
Ih I
tch
Juq')-�" H Info
Ori sed Info
e I of Ij
I of I
Last GIS Data Update: 4-Jan-2010
Data Cop Now Hanover COUI-It (Disdaimer] fPrivac Polic U-3-11't Updatcd: 28 FA) 201.1
Site, Desi Cop 1999�,2006 Akanda t-OUp LLC. All rr g !)L'7 reserved.
Board of Commissioners Meetin
&Idx- I
12-5-8
xj;
Petit'lon,er Iiiformatioll
-) -s
S L 1, it I 10
W1111'.1in
910-798--7 1 (")5 phone
910-708-7(b3
Propert Ownvr(s)
ff fl� fj � re'
tt thaul"elitioner
stfl)jr,A�ct
Rockford Partners LLC
0),v j.1 e r N a in c 2
Ad'dress
ScUlle
Cit State, Zip
s 'ame
s 'uiie
1305 Reck H:i-'.11, road
Parcel �D
R02400-002-
.,,0, - 0 0 0
ik f1 Fcc�
2 -5.'11
E�xiksfll� zoniwx and V.Se
n,
P"'Proposed zoilin 3nd, Ul
UA n I S S i f"i C,
m e, r c) c k f o r d pa r t r�) e 3- s . n. W J-
3anv-� etl".n..d Ke , sourt `rot-(---cti(,-
SUBMISSION B,EQLIREWTNTS
PLEASE READ AR.11CLE X1 OF THT ZONING ORDINANCE PRIOR T0 SUBMISSION
PetitiOIIS 11RIst be reviewed b Pl,,itininia & Zonji:io -fbr con-ipleteness prior to acceptwice. You,,rirc encomrc-lo-ed tO C011SUIA ""'I
a Planiler P rior to subiliission. For PeT111011S involvin -17ive (5) acres or less a fee of $400.,00 will be, 1-ur,�,),,cd-, -ror 01
t1lan filve (5) ac rcs a fee ol'$600. 00 1,'v i I I be cluil-acd . fli 1 s 11e c,, pa I e to New H,---U1,0Ve,r COU Ill M '
L-I SY ac coni� j x-i�il y t S
C7
pefitioi-i. The -followin SUpplenien.t,,P] Information 'is re
.
I Y stc,,d -for.rezonitii
I One cop o,f the New Flar10,Vel- COUnt Tax N/lap.,,which delineates the property re
Le clesci-i ( b y illetes and bOUnds) of propert re for rezonin
I Cop of the subdivision nia oi- i-ecorded plat wehicli delineates the propert
4. Applicant's answers tO t11C ( Oil tills applic" 1011:
54 ALIthOrit foi.- appoiniment of a J:'orm ( if appliuiblcf)
6w Verd' that no zonin action Ncis taken place on any port-Jon ofthe propert with-in �hqc past I "I, r1lonths ( mm':1,11 I I, Nk,,i'tf)
st .ft
)
I D I s t r i c t, S c
7. An special re ot the ordinance ( For exan-1pfie, Section 515 for PlaillItA Dc'� dopil-wil
Exceptional De , ��i Zonin,'o District. or Section 59.0 Rivert-ront Mixed Use District).
eport i coi 1 in,format" l Sec ot-, 111cetin ( see ti on 1� I 1 -2. 1 ) if appl, iuiblc.
8. R Ol ll ill Lill I Y
REVIEW PROCEDURES
4
Pc-�Iitions for ch(ange rel-erred to the New 1-1a,nover Count Plannin Bo,,lrd n.nd then
the New 1-1a.110VU C'(MI'll ROci.rd ofComn-iissioners, Cert�iin specialized districts ( RIverfront Mixed, Usc-,
rnn, -Iittee. FRO nr]'01
Development, and Exuptional Dcsi Zoning IDistrict) m,a re review b the "FechnIcal 4Rc-vic-vV Co
tO @ SUbn-tission.
T,,JEW HANOVER COUNTY
P1 ..,ANN'1NG & INSPECTIONS
,DEPARTMENT
ZONING 111L4 P A.M. AIDAYENT
Board of Commissioners Meetin
05/02/2011
12-5-9
("oniplete petitions and su.pplen�ientaj- in,17*6rmaTiO1.1 111LIst be i-eviewed and acce b Plannin N',_, Zonln(: b�vv'TnP,,,,
(20) workin beCoire the Plai'min Board 111cenri to allow ade time for processin Evid .,idvernseaicrif as I'LL
9
h the Noy-th Caixflina Genei'al S'tLAtL1tC:-`,S-
n I e s rs. o t h c t- w i s c, 1? u b 11, s he d cl i " an 110 Ll n c e d, P 1 a i i i -t I n g B oa rd nwet �i c at-e h c I d o n, the fi rLi i T h u, rsd a o Feach 'at
5:30-PNI in the Comi.iiissioner's Asseii'A -fl y RoO111 at thC Old COUnt CourthOU.se, at "I"hird , d Princuss Streets, Wihl-li
Not1h Carolina.
H'the Pla.i.inin 13o,at-d apprON-eS Y OU117 petition, flie j'e will aL110,171afial l be refer i-ed w the Rocm-d
commissiollers. It'vOIJIF j )CtJtJ0t1 IS CjOli l., U. nia C-ippal to the 13oaid of C0111 III ission l .S. Zonin c,,(m advise y ou
re appeal procedUl-eS. Pleasel note the is a 112-,moi.1111 wait re between SL1bS(_X IrCZ01-lin re oil the san-le
L_
parcel or tan pai-t of' it, (rel"erence Stalon 1. 11-3).
The ov,.ener/applicant (Eflld OT 'ALIthOt-ized a, ShOUld plan to attead, all. nieetinos ,--A which this i-e �vill N lict'ic(A14
WHAT YOU MUST ESTABLISI-11
FOR A. CHANGE OF ZONING
Y o L.i. r 1 n te n d C Cl L1 SC 01" J ) i-o p e rt u p o n, t-0. znon g , is co m. p I ele I � I i-iv 1 ev a n t exc e pt -1'0 r C (-)� n, d i t i o ti, Al t i s c d I st r i c t 1 .,) ro 1 ) o s a I �. - I ' 'i I P
North Cc,ffolina General StaftitOS re that zonin re shall be made in accordance Nvith,� -), compi-ehellsive j N),hfl1_
The g overnmi g bmaii-d 'IS iv � pt sfirltements, t. at the cb-an is or is not cmisis-teii , re. .somOole ailcP i r� (hi:
public's inl ere st. Since. an,-ieiidmei to zonilI 11'1,'-I ShOUld also be based on a Land Use VOU 111U St .X ,'iii„ 110XV �-CLII-
re satisfics each ofthe i-e ( Fill in bclow or aftach addjflon,,.,�] pa S
1. F[ONV WOUld f-11C I-eC chan be consistent with the Count Policies 1'0i, Growth anfi Developntiennt".1
sce att;�tchaterat A
2 Flow would the i-e zone chan be consistent with. the pro classi-fication ii the
M a P
P
3, What si nifi a lTe
gcnt neighborhood changes ha OCCU'd to makc the Or zonin: 1 !"0 P im" hov., i's lhc h'ild
i 11vo e fi)AUv-,, uses permitted Wider the existin" Z011i , 11g?
sec,, attac.Jawent A
P
a g e' 2. o 1.'3
Board of Commissioners Meetin
05/02/2011
12-5-10
A wil] fli's chatio'e, ol'zomiiu s err e the public inteir est)
I+ t low I C� t,
see attachmeTj,� A
W
in zonin rmap is presumed to 1-),e corl-ect Tancl -flurit I have t-he
,1,11 s i i
g ths pe tio
tin, I" u n(le�.-,stand a
thl the exist'
hurdt.sn of pi-ovin wh a cbange,is in t1w public intuest. Ifurthei- ttodet-stand dije singfin out o le P Mul.ccl
0i
spedal zonin tre,,atm,ent uni-elated to Count policies amid. the surrounditi neighborhooA wot-ZAd probaW be flto 1
cutfl`v that this a1pplication is conu-)Iete and that aid l information presented in tj S
,jj,� appfication is accurate to the best of
In knowled in.foi-mation, and belief.,
Si of Petitioner andlor P"ropert Owner
James Yopp
P r 1 n t Na, rua e
Board of Commissioners Meetin
05/02/2011
12-5-11
comin months, as well as residents in the g rowin g Castle Ha area.,
Polic 2.3 Encoura development patterns that preserve natural areas, buffers, and trees
b developin standards f -or cluster development and other development and other
development t that allow g reater desi flexibilit
Desi and, Re Policy Encoura innovative development strate whk
providin flexible clesi g uidelines that enhance the aesthetics and minimize adverse
environmental impacts of the built environment...
t
Poljc 9.3, Exp I o re a Ite rnative fo rms of f i na nd n for the 1 nfrastruct u. re i m p rove m e in
L
needed to have a hi q ualit y level of service and to prevent a decline in the levels of service
provided to Count and Cit residents. Infrastructure needs to be addressed in this effort shall
include transportation,, education, sewer,, water,, recreation, libraries, policies, fire,, storm water
mana schools, and other services, deemed to be appropriate.
Board of Commissioners Meetin
05/02/2011
12-5-12
LI Wel IMPIEK W11 FIT VI a - IDkI
Polic 10A Protect Water q ualit y b ensurin t, hat draina from land use activities has a
rate of f low a nd, voil u me cha racte ristics as nea r to predeve lopme nt co nd itio ns as polss] b I e.
11 1 RI
3) What si g nificant nei g hborhood chan have occurred to make the original zonint,
Board of Commissioners Meetin
05/02/2011
12-5-13
Ncw 1--h-unovu COL1110'�/
i r c! rn i i f
S h
E
L ob - 1:-- re IF n ra
n
P N!,. P
� - ", , , , g " ,, 4 6'
Pi n,
Le Description
(25, 't 4 AC RES) LOT -1 REC 0 M B I'NAT 1101 I It L IANA, MAR-THA
LOUGHLIN
Tex 00r
0C I k A
04"VI 's
Aft ID
32101 1.55-8485.000
Addres3
1305 ROCK I!LL RD
Unil,
N C
Cit
CASTLE HAYNE
Zip Code
-
Nei
2003
Clas-,
KIES-Residenfial
Land Use Codc.
95"5.-Unused Land
L.Mri Units
1
Acres
25-29
Zonin
R-20-RESIDENTIAL DISTRICT
� - ", , , , g " ,, 4 6'
Le Description
(25, 't 4 AC RES) LOT -1 REC 0 M B I'NAT 1101 I It L IANA, MAR-THA
LOUGHLIN
Tex 00r
FD
04"VI 's
Owner
ROCKFORD PARTNERS LL.0
C it y
WILMINGTON
State
N C
Countr
Zip
28AOJ
THE DATA IS FROM 2.011
I of I
Rl- tu
F'rintabir Vei Joji
Data Cop New Hanover Cou nt [Disda imer] [Privac Pok Last LI I odated: 28 Feb X 01.. 1
'11' 1 All 1 'j,
Site Desi Cop 1999-2006 Akanda Group LLC. All rj reserved.
Board of Commissioners Meetin /0
01'1P1S/Data1ets.aspx ?I cbvoiAw1ndcx-2
12-5-14
Nc lfi,,1-110vcr (..ount
--- ------------- ............. .. ....... .......
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Site Desi Cop 1999-2006 Akanda Group LL C. All ri reserved,
Board of Commissioners Meetin
9 0 1
—21
12-5-15
Last GIS Data Update: 4-Jan-2010
2006au
FOR REG15TRATION RkG1?TFR OF DEEDS
REDEC CA P
I
MnNo - SMH
NEW VER COUNTY, Nc
2N6 OCT 06 04:33:06 PM
BK:5089 K:2108.21f,2 FEE423 00
NC REV STIPP471006,00.
..........
WARRANTYDEEf
N
III IJI
III ADDRESS-, Rockford Partners, LLC
F;7bn+ All
YK*
PREPARED BY MARSHALL, WILLIAMS & GWORHHAWK -
P. 0i. Drawer 2098, Wilmin NC 2840�2
B 1EF DESCRIPTION- Uot 1. Lou Recombination, - Cape Fear T own,ship
rIj 0(!",0s 00 �11
P111
WARRA-NTY DELD
M21 TPffi55E TH.
The GRANT, OR, for a valuable consideration paid b the GRANTEE, the -receipt ofwhich is
hereb acknowled has and b these presents does g rant, bar sell, and conve unto the
GRANT, EE in fee simple,. all that cerWn real propert located in Cape Fear T, ownship, New Hamver
Count North, Carolina, and more particularl described on EM11BIT A - PROPERTY
DESCRIPTION' attached hereto and "incorporated herein b this reference.
TO HAVE AND TO HOLD the above g ranted and described, propert to vaith aJ1
privile easements, tenements and appurtenances, thereto belon to the GRANTEE in, &I
i
simple.
And the GRANTOR covenants with, the GRANTEE., that the GRANTOR is seized of the
premises in fee simple, has the ti to conve the same in fee simple, that title is, marketable and
ftee and clear ofall encumbrances, and that GRAN, TOR will warrant and defend the title a th-2
Board of Commissioners Meetin
05/02/2011
12-5-16
lawf 1 41 claims of all persons, whomsoever, except for the exceptions hereinafter stated. Title to the
pro- berem-above described is subject to the followin exceptiom
Ad valorem. taxes for the y ear 2006 and subse y ears-,
I Utilit easements and street, ri of record;
3. Applicable restrictive covenants of record- and
4. Locat, count state, and federal g overnment laws and re relative:
zonin subdivision, occupanc use, construction, and development of th
subject propert I
IN TESTIMONY V4ffiREOF,, the GRANTOR has hereunto se his hand and seal, the da
and y ear fiTst above "itten.
STATE OF NORTH CAROLINA
I COtJOH V OF 1#W 114490-W-,R
id, dol cm�-,
g
btw Public ofthe Count and', State a%rew
aN
l Martha P. Jou and husband, Wdfim H10 Lau personall appeared before me this
!'da and each acknowled to me that he or she voluntwil si the fore document for the
�purposes stated therein and in the capacit indicated.
- 117
Witness m hand, and official staimp or scal, this -,:) W da of October, Mi
[ NOTARY SEAL]
I
/ Si of Notar Public
500 111!
Printed or T Naine of Notar Public
i i
M Commission Expires,
Board of Commissioners Meetin
05/02/2011
12-5-17
STAIE OF; NORTH CAROLRA--
COUNTY O
a, Notar Public of the Count and State aforesaid, do certif
that Martha P. Ia-u Trustee uader a Revocable Tr mt A d*W: Octobcrl,6, 20011,
personall appeared befbre me this da and each acknowled to, me that he or sbe voluntanil
si the fore document for the purposes stated thavin and in the capacit indlicated,
Witness, m hand and official stamp or sea this .5-W , da of October,, 2006.
[ NOTARY SEA14'
L
Si of Notar Public
Printed or T Name of Notar Public
A Commission Expires,
Board of Commissioners Meetin
05/02/2011
12-5-18
i
Bein all of that certain parcel of land situated, l and bein in Cape Fear To
New Hanover Count North, Carolin and more particularl described as follow&
W26
All of Lot 1, containin 25.29 acres, more or less, as shown on a map
entitled ecombination, of Previousl Divided Propert for William
R Lou and wife, Mar—tha P. Lo�n, recorded in Map Book
-49, Pa 248, of the New Hawve:r Count R4si reference to
wfuch map is hereb y made for a more complete description.
SUBJECT TO that, catain 30-foot access and Lkalit easement, th4
same bein shown as "30' wcess and, uWit casemenf` on, mid, map
recorded in Map Book 49, Pa 248, of the New Hanover Count
Re the same bein an easement appurtenant to and benefitin
Lot 2 (1.94 acres) as shown on said map.
Board of Commissioners Meetin
05/02/2011
12-5-19
77
17
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}, t �.. ' f� !i tj4 \S r } 1 " =., ,;i � �t i6' � �, 1��1
f is
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REBECL"A P". SMITH
R"rEU"1z'"3'TER U`W DEED"'Si, 1`14O0 HAN'U'VE]
"TREET
021116 NORTFI
2 01
Filed For Re
Boo
Document No
NC REAL ESTATE EXCISE
Recorder
10106/2006 04-633:06 PM
"all T I
�E7
Ott{ s
...........
411111,
Board of Commissioners Meetin
05/02/2011
12-5-20
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Review Planner
CONTACT(S): Sam Burgess, Subdivision Review Planner; and Jane Daughtridge, Current Planning & Zoning
Manager
SUBJECT:
Public Hearing
Road Naming Request (SN -113, 04/11) - Request by the County Planning & Inspections Department to
Officially Name an Unnamed Road to Lawson Lane and Assign New Mailing Addresses Located Near
the Intersection of Faircloth and Lex Roads East of North Kerr Avenue
BRIEF SUMMARY:
During a review to verify street names and numbering in the Glynwood residential neighborhood, an
unnamed street was discovered to have several mailing addresses out of sequence and attached to a different
street name. In order to provide proper identification and enhanced emergency service delivery in
accordance with the Addressing Standards & Procedures Manual adopted in 2002, staff is requesting the
road be named Lawson Lane and new mailing addresses be assigned.
The unnamed road is presently unimproved and is approximately 500 feet in length. The majority of
residents are in agreement with naming the street Lawson Lane. Emergency 911 has also approved the
proposed street name.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
A rtl on Need ed
1. MOTION TO APPROVE as presented
2. MOTION TO APPROVE with changes
3. MOTION TO DENY
4. MOTION TO CONTINUE to receive more information
ATTACHMENTS:
SN -113 Staff Summary
SN -113 Adjacent Property Map
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
05/02/2011
13 -0
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
13 -0
CASE: SN -113, 03/11
Petitioner: Planning & Inspections staff
REQUEST: Official Street Naming & Reassignment Mailing Addresses
LOCATION: Near Intersection of Faircloth & Lex Roads — East of N. Kerr Avenue
Staff Summary
During a review of street name verification and numbering in the Glynnwood residential
neighborhood, an unnamed street with several mailing addresses attached to a different street
name were discovered to be out of place. Further examination revealed that the mailing
addresses along the street were not in any type of logical sequence in accordance with the
Addressing Standards & Procedures Manual adopted by the Board in 2002. Many years ago,
assigned addresses along an unnamed street were typically assigned to the nearest street that
was named.
Presently, the unnamed street is unimproved and is approximately 500 feet in length.
Approximately four residents who live along the street were contacted and given the
opportunity to choose an unduplicated name. A majority of residents were in agreement with
Lawson Lane. Emergency 911 has approved the street name.
Staff Recommendation
In order to provide proper identification along with enhanced emergency service delivery based
on the A ddressing Standards & Procedures Manual staff recommends approval of the street
name to Lawson Lane and the assignment of new mailing addresses. If approved by the Board,
the County will be responsible for the creation and installation of a new street sign.
Action Needed
Motion to recommend approval as presented
Motion to recommend approval with changes
Motion to continue
Motion to deny recommendation as presented
Board of Commissioners Meeting
05/02/2011
13 -1 -1
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Board Commi sioners ee An
05/02/ 11
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 2, 2011
ADDITIONAL ITEMS
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): Commissioner Catlin
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Consideration of a Resolution Requesting Designation of WASTEC as a Renewable Energy Source
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
Renewable Energy Source Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
05/02/2011
14 -0
6%: ,-, - 4 , 1 d MA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
REQUESTING DESIGNATION OF WASTEC AS A RENEWABLE ENERGY SOURCE
WHEREAS, New Hanover County has the only waste -to- energy facility (WASTEC) in the State of North Carolina; and
WHEREAS, waste -to- energy facilities generate electricity and steam using municipal solid waste as the primary fuel source. The facilities
burn waste in specially designed boilers to ensure complete combustion and employ modern pollution control equipment to scrub
emissions; and
WHEREAS, waste -to- energy meets two basic criteria for establishing what a renewable energy source is — its fuel source is trash which is
sustainable and indigenous; and
WHEREAS, North Carolina does not consider waste -to- energy to be a renewable source of energy; and
WHEREAS, Federal, State, and local governments have enacted a variety of laws that recognize waste -to- energy as a renewable energy
source; twenty -six states, the District of Columbia, and two territories define waste -to- energy as renewable energy under various statutes
and regulations; and
WHEREAS, by being considered a renewable energy source, WASTEC would generate renewable energy credits (RECs) which are
environmental commodities that represent the added value, environmental benefits, and cost of renewable energy above conventional
methods of producing electricity; and
WHEREAS, municipal solid waste (MSW) must be considered an approved renewable energy source; and
WHEREAS, public electrical utilities must be authorized to purchase RECs from existing waste -to- energy facilities in order to meet the
renewable energy portfolio standards (REPS).
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners petition the General Assembly to
designate waste -to- energy as a renewable energy source in a manner that can meet renewable energy portfolio standards.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
14 -1 -1
Jonathan Barfield, Jr.
NEW HANOVER COUNTY
Chairman
BOARD OF COMMISSIONERS
Jason R. Thompson
Vice - Chairman
230 GOVERNMENT CENTER DRIVE, SUITE 175
Ted Davis, Jr.
WILMINGTON, NC 28408
Commissioner
(91 O) 7987149
Brian M. Berger
(91 O) 798-7145 FAX
Commissioner
Richard G. Catlin
Commissioner
NNN
Sheila L. Schult
Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
REQUESTING DESIGNATION OF WASTEC AS A RENEWABLE ENERGY SOURCE
WHEREAS, New Hanover County has the only waste -to- energy facility (WASTEC) in the State of North Carolina; and
WHEREAS, waste -to- energy facilities generate electricity and steam using municipal solid waste as the primary fuel source. The facilities
burn waste in specially designed boilers to ensure complete combustion and employ modern pollution control equipment to scrub
emissions; and
WHEREAS, waste -to- energy meets two basic criteria for establishing what a renewable energy source is — its fuel source is trash which is
sustainable and indigenous; and
WHEREAS, North Carolina does not consider waste -to- energy to be a renewable source of energy; and
WHEREAS, Federal, State, and local governments have enacted a variety of laws that recognize waste -to- energy as a renewable energy
source; twenty -six states, the District of Columbia, and two territories define waste -to- energy as renewable energy under various statutes
and regulations; and
WHEREAS, by being considered a renewable energy source, WASTEC would generate renewable energy credits (RECs) which are
environmental commodities that represent the added value, environmental benefits, and cost of renewable energy above conventional
methods of producing electricity; and
WHEREAS, municipal solid waste (MSW) must be considered an approved renewable energy source; and
WHEREAS, public electrical utilities must be authorized to purchase RECs from existing waste -to- energy facilities in order to meet the
renewable energy portfolio standards (REPS).
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners petition the General Assembly to
designate waste -to- energy as a renewable energy source in a manner that can meet renewable energy portfolio standards.
ADOPTED this the 2 nd day of May, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
05/02/2011
14 -1 -1