Agenda 2008 01-07
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE- CHAIRMAN
TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD
January 7, 2008 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCA TION (Reverend Mark Opgrand, Associate Pastor, St. Paul's Evangelical Lutheran Church)
PLEDGE OF ALLEGIANCE (Commissioner William A. Kopp, Jr.)
APPROV AL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
Introduction of Jennifer Harjo, Chief Public Defender for New Hanover
County
5:40 p.m. 1. Recognition and Consideration of a Resolution to Congratulate Hoggard High 29
School on Their 2007 North Carolina 4A State Football Championship
5:50 p.m. 2. Introduction of Mr. Chris Coudriet, Assistant County Manager 31
5:55 p.m. 3.1 Public Hearing 33
Rezoning Request (Z-876, 12/07) - Request by Jonathan Washburn for
Vandergrift, Williams, and Caines to Rezone Approximately 13 Acres Located
at 3400-3404 Castle Hayne Road and 109-119 Gladiolus Road in the Aquifer
Resource Protection Land Classification from R-20 Low Density Residential
to B-2 Highway Business District
6:25 p.m. 3.2 Public Hearing 43
Text Amendment (A-366, 10/07) - Request by David Ward to Amend
Sections 72-31 Commercial Marina, to Add a Condition that Dry Storage of
Boats Not be Allowed in Residential Districts
6:55 p.m. 3.3 Public Hearing 73
Text Amendment (A-368, 12/07) - Request by Grasmico, Inc. to Amend
Section 53.5 Planned Development Districts to Add a New Section 53.5-
2(7)(0) Allowing More Flexible Standards for Planned Developments Which
Include a Continuing Care Retirement Facility
7:25 p.m. 4. Meeting of the Water and Sewer District 77
7:35 p.m. 5. Non-Agenda Items (limit three minutes)
7:40 p.m. 6. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
7:50 p.m. ADJOURN
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
7:25 p.m. 1. Non-Agenda Items (limit three minutes)
7:30 p.m. 2. Approval of Minutes 79
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
2
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 5
2. Approval of Franchise Award, Second Reading 7
3. Approval to Update Bank of America Deposit Account Documentation Banking 17
Resolution and Certificate ofIncumbency
4. Approval of Corporate Resolution with Multi Bank Securities (MBS) Authorizing 19
the Set Up of a New Fixed Income Account for New Hanover County
5. Authorization to Submit a Smart Start Grant Application for the Child Care 21
Nursing Program
6. Authorization to Submit a Grant Application for Maternity Care Coordination 23
(MCC)
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4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Greer
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Board of Equalization and Review meeting held on December 6, 2007
Agenda Review meeting held on December 13, 2007
Board of Equalization and Review meeting held on December 14, 2007
Regular Session meeting held on December 17, 2007
Closed Session meeting held on December 17, 2007
Board of Equalization and Review meeting held on December 18, 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 5-0.
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 2 Estimated Time: Page Number:
Department: County Attorney Presenter: Kemp Burpeau, Deputy County Attorney
and John Hubbard, Environmental Management Director
Contact: Kemp Burpeau, Deputy County Attorney and John Hubbard, Environmental Management Director
SUBJECT:
Approval of Franchise Award, Second Reading
BRIEF SUMMARY:
This is a second reading required for award of franchise. This item was initially approved on December 17, 2007. Section
44-55 of the County Code requires that entities collecting solid waste for compensation obtain a franchise. Service
Trash.Com LLC has submitted the required documentation setting forth contact information, equipment, employees,
financial data and insurance. Staff has reviewed the documentation and finds the organization and financial integrity
adequate for franchise award.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider award of nonexclusive franchise for solid waste collection.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
7
.
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October 1 7, 2007
New Hanover County
Mr Kemp Burpeau
Deputy County Attorney
230 Government Center Drive
Suite 125
Wilmington, NC 28403
Ref: Reply for requirements requested for Solid Waste Franchise
Listed and enclosed are items you requested we present in order to obtain a Solid Waste
Franchise with New Hanover County_
As per our previous conversation, we had inquired with every county department we felt
would possibly know the requirements prior to beginning business (county tax office,
Wastec Account for dumping in landfill (account was opened with no mention of
Franchise having to be granted) business license, privilege license, etc. There was never
any intent not to comply with any and all regulations.
Kenneth Ray Brehmer, Jr. is the General Manager
for Servicetrash. I have 7+ years of experience operating both residential and commercial
service equipment in the solid waste industry. I have a Class A CDL License to operate
any of the necessary vehicles required in our business. Initially, I will be the only
employee for approximately 4 - 6 months. Not later than May 2008 plans are to add a
second vehicle and one additional driver.
Contingencies have been put in place should the truck be out of service for mechanical
reasons that we can have a back-up truck within 6-9 hours out of Raleigh or Greenville,
NC and resume service. In the event of driver sickness or disability there are also
additional qualified drivers on call if the need should arise.
Servicetrash.com is a locally owned and operated business and to my knowledge will be
the ONLY locally owned and operated residential trash service in New Hanover County.
We feel business competition is good for the residents of New Hanover County and will
offer an alternative source for price and service. Servicetrash is intending to operate only
as a residential service and at present there are no plans to provide commercial services.
8
Page 2 of 2 ~-~-
New Hanover County
Mr Kemp Burpeau
Deputy County Attorney
The vehicles and residential trash carts are stored at Castle Hayne Mini Storage, 4416
Castle Hayne Rd, Castle Hayne, NC.
The post office box for mail is 3224-C North College Rd, Suite 144, Wilmington, NC
28405.
My home address is 2106 Sandy Lane, Castle Hayne, NC 28429
As per your request attached are the documents you requested. Should there be any
questions please do not hesitate to call.
Sincerely,
I:. ilL-
Kenneth Brehmer
Servicetrash.com
910-520-5599 01<- 51AO-'l8' 8 8
Incl 4 Items
Copy of Articles of Incorporation NC
Copy of Insurance Coverage
List of Equipment
Financials certified by CPA
9
NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
SERVICE TRASH. COl\-I LLC
the original of which was filed in this office on the 18t day of August, 2007.
IN WITNESS WHEREOF, I have hereunto
set my hand and affIxed my official seal at the
City of Raleigh, this 1st day of August, 2007
r;f~J~
Secretary of State
Document ld: C20071990006
..
10
.
SOSID: 993186
. Date Filed: 8/1120078:17:00 AM
Elaine F. Marshall
State of North Carolina North Carolina Secretar~ of State
Department of the Sfcretary of State C200719900067
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to ~51C.2.20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
I. The name of the limited liability company is: Service Trash.Com L '- C.
2. If the limited liability company is to dissolve by a specific date. the latest date on which the
limited liability company is to dissolve: (lfno datejor dissolution;s specified, there shall be no
limit an the duration of the limited liability company.)
3.
,
To
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 1618 Gander Drive
City, State, Zip Code Wilmington, NC 28411 County New Hanover
5. The mailing address, if difft!rent from tift! stnd address, of the initial registered office is:
~'22.,\ C t-!.o-\..-t\I.. c.cl\~ ~ .sv~Tt lij.~ vAtlM I~D~ ~C ~t.fos-
6. The name oftke initial registered agent is .[};wi.{ cI K. L lw' S
,. Principal office information: (Selec/ either tJ or b.)
a. 0 The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street
City. State. Zip Code County
The mailing address, if diff~r~nt from tlte Hr~et a4dras. of the principal office of the corporation is:
b. ~ The limited liability company does not have a principal office.
ST LL.max.
11
.
.
8. Check one of the following:
_(i) Member-managed LLC: all members by virtue of their status as members shall be
managers ofthis limited liability company.
x:xxxx (ii) Managel'-managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the ~ay of ~ .2007
~t:.~
Signature
Donald K. Lewis Member/M~,
Type or Print Name and Title
NOTES:
L Filing fee is 5125. This document mu.t be Bled with the Secrelllry or Slat~.
CORPORA nONS DIVISION P.O. Box 2%22 RALEIGH, NC 27626-0622
ST LL.max
12
COMMERCIAL LINES POLICY
THIS POLICY IS NOT OBTAINED PRIMARILY FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
THIS POLICY CONSISTS OF:
- Declarations;
- Common Policy Conditions; and
_ One or more Coverage Parts. A Coverage Part consists of:
- One or more Coverage Forms; and
- Applicable Forms and Endorsements.
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this
policy shall not be valid unless countersigned by our authorized representative.
~t1-!2- ~
Secretary
Administrative Office:
7233 East Butherus Drive Scottsdale, Arizona 85260 Telephone (480) 951-0905 Facsimile (480) 951-9730
r~BERKI.EY COMPANY'!>
~
EOO1J (11106)
13
. . .
-.--......-".-." ,- --."".-.".. ...- -.",. ..-,'-.' '" . -. - '" -.. ,""... ,,-- .. " ..-c .___._ - -
POLlCY NUMBER: NC687075
o Extension of Declarations is attac\'eG Effectr.<~ ;;, '.~ S::Sf"'~*:,a(s: Tu0?
LIMITS OF INSURANCE if t\Vx IS cheCKea, refer to form 5132 fer ifn:;rtscf -~
i
General Aggregate Limit (Other Than ProductsiCompleted S 2"""" """"
Products/Completed Operations Aggregate Limit S INCLtJ'DED
Personal and Advertising Injury Limit $ 1,000,000 An\j One Person or OrganJzation
Each Occurrence Limit $ 1,000,000
Damage To Premises Rented To You Limit $ 100,000 Any One Premises
Medical Expense Limit $ 5,000 Any One Person
RETROACTIVE DATE (CG 00 02 ONLY)
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" which occurs
before the Retroactive Date, if any, shown here: NONE (Enter Date or "NONE" if no Retroactive Date applies)
BUSINESS DESCRIPTION AND LOCATION OF PREMISES
BUSINESS DESCRIPTION: RESIDENTIAL TRASH COLLECTION 6< DISPOSAL
LOCATION OF ALL PREMISES YOU OWN, RENT, OR OCCUPY: 0 Location address is same as mailing address.
1. 4416 CASTLE HAYNE ROAD CASTLE HAYNE NC 28429
2.
Additional locations (if any) will be shown on fonn S170.
LOCATION OF JOB SITE (If Designated Projects are to be Scheduled):
CODE # - CLASSIFICATION * PREMIUM RATE PREMIUM
BASIS PRlCO All Other
95233- GARBAGB. ASH. OR REll'USB P 52400 INCL 10.457 750
COLLBCTING-INCLUDING PRODUCTS AND/OR
COMPLBTIO OPBRATIONS
-
-
-
* PREMIUM BASIS SYMBOLS + = Products/Completed Operations are subject to the General Aggregate Limit
a = Area (per 1,000 sq. fl. of area) 0= Total Operating Expenses 5 = Gross Sales (per $1 ,000 of Gross Sales}
c = Total Cost (per $1 ,000 of Total Cost) (per $1 ,000 Total Operating Expenditures} t = See ClassifICation
m = Admissions (per 1,000 Admissions) p = Payroll (per $1 ,000 of payroll) u = Units (per unit)
$ 750.00
FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy)
Fonns and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
Refer to S902 Schedule of Forms and Endorsements
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
Copyright ISO Properties, Inc., 2000
S150 (10f04}
14
""...... ,,"..........., related to tne conduct of your DUSiness. Leasee
contract for a lease of premises. However, worker" does not include a "temporary worker".
portion of the contract for a lease of prem- 11. "Loading or unloading" means the handling of
ises that indemnifies any person or organiza-
tion for damage by fire to premises while rented property:
to you or temporarily occupied by you with a. After it is moved from the place where it is
permission of the owner is not an "insured con- accepted for movement into or onto an aircraft,
tract"; watercraft or "auto";
b. A sidetrack agreement; b. While it is in or on an aircraft, watercraft or
c. Any easement or license agreement, except in "auto"; or
connection with construction or demolition op- c. While it is being moved from an aircraft, water-
erations on or within 50 feet of a railroad; craft or "auto" to the place where it is finally de-
d. An obligation, as required by ordinance, to livered;
indemnify a municipality, except in connection but "loading or unloading" does not include the
with work for a municipality; movement of property by means of a mechanical
e. An elevator maintenance agreement; device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto".
f. That part of any other contract or agreement 12. "Mobile equipment" means any of the following
pertaining to your business (including an in-
demnification of a municipality in connection types of land vehicles, including any attached ma-
with work performed for a municipality) under chinery or equipment:
\~-"t whloh ,"u assume the tort Ilabll"> of 3Oolhe, a. Bulldozers, farm machinery, forklifts and other
( party to pay for "bodily injury" or "property dam- vehicles designed for use principally off public
age" to a third person or organization. Tort Ii- roads;
0.~ ability means a liability that would be imposed b. Vehicles maintained for use solely on or next to
by law in the absence of any contract or premises you own or rent;
agreement. c. Vehicles that travel on crawler treads;
Paragraph f. does not include that part of any
contract or agreement: d. Vehicles, whether self-propelled or not, main-
(1) That indemnifies a railroad for "bodily injury" tained primarily to provide mobility to perma-
or "property damage" arising out of con- nenlly mounted:
struction or demolition operations, within 50 (1) Power cranes, shovels, loaders, diggers or
feet of any railroad property and affecting drills; or
any railroad bridge or trestle, tracks, road- (2) Road construction or resurfacing equipment
beds, tunnel, underpass or crossing; such as graders, scrapers or rollers;
(2) That indemnifies an architect, engineer or e. Vehicles not described in a., b., c. or d. above
surveyor for injury or damage arising out of: that are not self-propelled and are maintained
(a) Preparing, approving, or failing to pre- primarily to provide mobility to permanently at-
pare or approve, maps, shop drawings, tached equipment of the following types:
opinions, reports, surveys, field orders, (1) Air compressors, pumps and generators,
change orders or drawings and specifi- including spraying, welding, building clean-
cations; or ing, geophysical exploration, lighting and
(b) Giving directions or instructions, or fail- well servicing equipment; or
ing to give them, if that is the primary (2) Cherry pickers and similar devices used to
cause of the injury or damage; or raise or lower workers;
(3) Under which the insured, if an architect, f. Vehicles not described in a., b., c. or d. above
engineer or surveyor, assumes liability for maintained primarily for purposes other than
an injury or damage arising out of the in- the transportation of persons or cargo.
sured's rendering or failure to render pro- However, self-propelled vehicles with the fol-
fessional services, including those listed in lowing types of permanently attached equip-
(2) above and supervisory, inspection, ar-
chitectural or engineering activities. ment are not "mobile equipment" but will be
considered "autos":
CG 00 01 12 04 @ ISO Properties, Inc., 2003 Page 13 of 15 []
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 3 Estimated Time: Page Number:
Department: Finance Presenter: Avril M. Pinder
Contact: Avril M. Pinder
SUBJECT:
Approval to Update Bank of America Deposit Account Documentation Banking Resolution and Certificate of
Incumbency
BRIEF SUMMARY:
Updating Bank of America Deposit Account Documentation Banking Resolution and Certificate of Incumbency to change
the Finance Director's name on the account from Bruce T. Shell to Avril M. Pinder as an authorized signer for New Hanover
County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the change.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Bank of America Deposit Account Documentation
Banking Resolution and Certificate of Incumbency
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
17
8ankOfAmericaJ. Deposit Account Documentation
Banking Resolution and Certificate of Incumbency
Date: 12/06/2007
Select One: o New Resolution/Incumbency o Supersede Banking Resolution r2J Update Incumbency
This Banking Resolution and Certificate of Incumbency will apply to all accounts you maintain with us.
New Hanover County
Organization Legal Name
The Organization adopts the following Banking Resolution and Certificate of Incumbency (with specimen signatures)"
The undersigned certifies that:
1) any individual (each an "Authorized Signer") holding any of the following positions:
Finance Director Deputy Finance Director
(Tille) (Title)
Assistant Finance Director
(Title)
is authorized, acting alone, (a) to establish accounts from time to time for the Organization at Bank of America, N.A. (the "Bank"), as well as to operate
and close such accounts, and (b) to designate persons to operate each such account including closing the account, and
2) the person whose signature, name, and title appear in the "AGREEMENT, TAX INFORMATION CERTIFICATION and AUTHORIZATION" section of
the Deposit Account Documentation Signature Card ("Signature Card") and those persons listed below on the Incumbency Certificate, are Authorized
Signers who are authorized to establish accounts and to designate persons to operate each such account and to execute contracts and agreements
with the Bank and that their signatures are genuine.
3) the persons who signed in the Designated Account Signers section of the Signature Card are authorized to operate any accounts opened with the
deposit account documentation unless otherwise noted on the Signature Card, and that their signatures are genuine.
4) the foregoing is a complete, true and correct copy of the banking resolutions adopted by the Board of Directors, the Members or the General
Partners, Commission, Councilor Governing Board as applicable, of the Organization, government entity or authority and that the resolutions are still in
full force and effect and have not been amended or revoked and do not exceed the objects or powers of the Organization, government entity, authority
or the powers of its management or Governing Board, Commission or Council.
Incumbency Certificate: Use when Authorized Signer's signature does not appear on the accompanying Signature Card, or to update authorized signers.
Name Title
Avril
Julianne M. McLawhon Deputy Finance Director
Barbara D. McClure Asst Finance Director
. If you choose to provide your own Banking Resolution and Certificate of Incumbency (with specimen signatures), it must be attached to the signature card.
This Banking Resolution and Certificate of Incumbency must be signed as follows:
Corporations: Secretary or assistant secretary of the company must sign.
Anv Partnership tvpe: One ofthe general partners must sign. If the general partner is an organization, show the name ofthe general partner and
include capacity of signer.
Limited Liability Company: Member ManaCled LLC: One of the members or an officer of the company must sign. If the member or manager is an
organization, show the name of the member or manager and include capacity of signer.
ManaCler ManaCled LLC: The manager or managers or an officer authorized of the company must sign. If the member or manager is an organization,
show the name of the member or manager and include capacity of signer.
Other unincorporated orQanizations: An officer of the organization who is authorized by the by-laws or operating agreement of the company must sign.
Government entities. authorities or aClencies: An authorized signer of the government entity/authority who is authorized by the statutes must sign.
IN WITNESS WHEREOF, I have hereunto set my hand as (title) of the Organization listed above this
_ day of ,200_.
By:
or Individual Signature
(Name of Company who is General Partner or Member)
THIS DOCUMENT MUST BE PROCEsSED BYTHE SANKOF AMERICA UNIT LISTED BELOW
For Bank Use: Forward to:
Date Received:
Date ReViewed: ReViewed by:
00-35-2654NSBW 09-14-2006 Page 1 of 1
Bank of America - Confidential @ 2006 Bank of America Corporation
18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 4 Estimated Time: Page Number:
Department: Finance Presenter: Avril M. Pinder
Contact: Avril M. Pinder
SUBJECT:
Approval of Corporate Resolution with Multi Bank Securities (MBS) Authorizing the Set Up of a New Fixed Income
Account for New Hanover County
BRIEF SUMMARY:
Corporate Resolution authorizing Multi Bank Securities (MBS) to set up a new fixed income account for New Hanover
County. MBS is a fixed income broker-dealer.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve a new fixed income account for New Hanover County with Multi Bank Securities (MBS).
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Corporate resolution
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
19
~la L4 \35q
CORPORATE RESOLUTION
RESOLUTION OF: ~ew \-\a.nO'ler COUf\~
(Full Name of Corporation) D' ~D t F .
e ~ ec 0 e u . ~nan
On motion duly made and seconded, it was unanimously resolved that the ~rec or p~ . Finange tl1r,
be and they are hereby authorized on behalf of the 0 p cree ey,
assign, transfer, or otherwise dispose of all or any shares, stocks, bonds, debentures, debenture stock and other
securities of every description now or hereafter registered in the name of the Company or held or owned by the
Company and to sign and execute on behalf of the Company all and any instruments of acceptance and transfer
and other documents whenever necessary or proper to effectuate the same with full power to appoint any
attorney or attorneys with full power of substitution therein, and that any and all instruments of acceptance and
transfer and other documents in connection therewith heretofore signed and executed on behalf of the Company
in accordance with the authority set out above are hereby ratified and confirmed. The Company is registered or
licensed and in good standing as a corporation under all applicable laws and regulations, foreign or domestic, to
which the corporation is subject, including any and all banking relationships or accounts to which the corporation
has an interest. The company has all requisite authority to conduct this type of business, including the purchase
and sale of securities, under the laws to which the corporation is subject.
Certificate: I hereby certify that the foregoing is a true and correct copy of a Resolution duly passed at a meeting
of the Directors of:
N..e.\N \\~nover Coun~
(Name of mpany)
regularly held on the day of . 20 and that the said Resolution is now in
full force and effect. I further certify that the following is a list together with specimen signatures of all Directors,
officers and employees of the Company authorized by this Resolution.
~vril M. Pinder Finance Director
(Print Name) (Title)
Julie M. McLawhon Deputy Finance Dir
(Print Name) (Title)
Barbara D. McClure ~sst Finance Dir
(Print Name) (Title)
Beverly F. Thomas Investment Officer
(Print Name) (Title)
WITNESS my hand and seal of the Company this _ day of , 20
(Corporate Seal)
Secretary
- Complete if Applicable -
I hereby certify that I am the sole signing officer. I hereby certify that there is no Corporate Seal.
Correspondent Approval Date
CCS-Rev. 0512001
20
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 5 Estimated Time: Page Number:
Department: Health Presenter: Janet McCumbee, Personal Health Services Manager
Contact: Janet McCumbee
SUBJECT:
Authorization to Submit a Smart Start Grant Application for the Child Care Nursing Program
BRIEF SUMMARY:
New Hanover County Health Department (NHCHD) employs two (2) qualified Child Care Health Consultants (Registered
Nurses) and a Program Assistant to provide health and safety training, technical assistance and consultation to child care
facilities in New Hanover County (NHC) to promote compliance with the county and state regulations and enhance the
quality of child care environments. The Child Care Nursing Program provides ongoing health and safety education as well
as consultation to child care providers, children, and parents, child developmental monitoring, health record reviews, Health
Check/Health Choice referrals, and assistance in the review and development of health policies, emergency preparedness
plans and medical action plans. This program has been in existence for over ten years through Smart Start funding. This is
an application to continue the program for the next FY 08-09 in the amount of $196,500.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To authorize submission of the continuation grant for Smart Start funds to support the Child Care Nursing Program of
NHCHD. If funds are awarded, a budget amendment will brought to the Commissioners for approval.
Funding Source: New Hanover County Smart Start
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: The grant will be submitted for two (2) full-time nurses and a full-time program assistant. This will change one
nurse position currently part-time to full-time. No County funds are required as a match and the positions only exist if
funding is approved.
ATTACHMENTS:
~
- "
. .' - ~-:.
."..==.=.
, ,
CCN Budget FY08.09 grant application. xis
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
21
Attachment # 2
Projected Line Item Planning Budget for Direct Services Provider Activity
Partnership: Smart Start of New Hanover County . Fiscal Year: 2008-09
Direct Services Provider: NHC Health Dept. Column 1 Column 4
Activity Name: Child Care Nursing Smart Total
Contract #: Start Funds
Purpose Service Code: Funds Amount
1!lF'e~onJ'1l:lI_ $189,.02.0,.0..0 $14,5.o.o.()() $2.o~,52().o()
1.2)c;on_tractllclF'rofei;sion<3I~l:ll"liceS . ~$O.().o $0..0.0
1~) T()tal1'llrsonn!ll/c:ontracted Services $189,.02.0..0.0 $14,500:.0.0 $0..00_ ,$~~,520.0.o
141Qffice ?lJPpliei;& Materials .. $3..o.o,.o()
15)?eryi<:e-Belated Supplies & Materials
161T(jtal ~upjllills & Materials, _ f1,61.o,o.o .!o.o() $.0..00
17) Travel .. - $3,495,.0.0
18)c;_omil1ull~ti()ns & Postage $~.o.o:()() $2,OOo,().o
19) Utilities $8.0.0. .0.0
2.0) Printing &Binding ~85..o.o $1,50().o.o
21) Repair.&-""aintEll1!lllce
221Ill1eeting/C()rlference Expense ~El..o_.o,()Q $6.0.0.00
23) l:rnploYeEll'raining (no travlll) $1,155,0.0 $1,155..0.0
?~l.A.dvertising $0.00
25) t-l<>!~\lllilablef()r...Use_ . $.o,.o()
2~T(jtlll!:l()Il-F'lxllll()Pllratln9 Expenses $5&35..o() $4,3.0.0..0.0 $.0..00 $9,835..00
271Qffice Rent (Land, Buildings, etc.) $3,5.0.0. .0.0 $3,5.00..0.0
28) FurnitureRent!lI~~__. . $.0.00
29) E:.guipil1eJ'1tBelltal (i"hone. Computer. etc.) $.0..00
3.0) No.!/'.vaUable_f<>r Use $.0,.0.0
31) Dues & Subscriptions $335,.0.0 $335..0.0
32) Insurall()e& Boi1<lirlg ~~.~..........__._-_.._. $.0..0.0
33) BooksiLlbral1'Beference Materials $.0..0.0
3.41~ot.A.vllilablll for Use $.0..0.0
~5)()tf1erExf)erls.es ~5.o.o .00
36) Total FlxllllChllrges~OtherExPllnses $33~:()() $4,.0.0.0.00 $().()O _ . f4,335..oO
37) Not Availlll>lefor Use $.0..00
3~)!:lot~\laillll>lefor Use $.0..0.0
39Jiu~nitun,/~on,:c;omP..LJtllrE.gpt,,$5().oi-Pllritl:lll1. ~.o..oO
4())c;omputer EglJiPIl1El11t1Prirlters, $5().oi- Pill" item $.0..0.0
41) Full1iture/Egpt"llndElr$50.o perJ!em ~.o..o.o
~~)'rotlll1'r(jperty& Equipment Olltlay $0.00 $.0.00
~3) Purchases of Seryices $.0.00
~4)!:l()t/'.vlli!.at>lEl!.orU.i;1l $.0.00
<t?) 13tipendslScholarships/Bollues $0.0.0
461c:as.h.Qr!ln!s and I'.1IVllr<ls $.0.00
:472!.J()n.:c;ash.Ql"antsand AIIVllr<ls .. $0.00
"1J),.()tlll~ervlc:es!S.!IJ>Elndl>l<>rants $0,00 $.0..0.0 $.0.0.0 $.o:()o
196,500.00 22,800.00 219,300.00
22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Consent Item #: 6 Estimated Time: Page Number:
Department: Health Presenter: Janet McCumbee, Personal Health Services Manager
Contact: Janet McCumbee
SUBJECT:
Authorization to Submit a Grant Application for Maternity Care Coordination (MCC)
BRIEF SUMMARY:
North Carolina Department of Health and Human Services (NCDHHS) has extended an invitation to New Hanover County
Health Department (NHCHD) to apply for state funds to support MCC services for pregnant women who are not eligible for
Medicaid. MCC services are currently available to Medicaid eligible women as a billable service, which provides Medicaid
revenue to support the nurses and social workers in the NHCHD Maternal Health program. These new funds, if awarded,
would allow for comprehensive MCC services to a small caseload of non-Medicaid prenatal patients. These patients are
currently assisted in some capacity, however, do not get full MCC services. The state grant would supply reimbursement
for 50 units (15 minutes each) of service at $29.30 per unit per month ($1,465 per month; $17,580 total revenue for the
year) .
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorization for submission of the NCDHHS application for $17,580 for MCC services for women ineligible for Medicaid for
FY 08-09. If received, a budget amendment will be brought to the Commissioners for approval.
Funding Source: NCDHHS
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: No matching funds required.. Services to be provided by existing MCC staff.
ATTACHMENTS:
~
,...",.
, --
Summary Informalion Non-Medicaid ralionale-l 207,doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
23
New Hanover County
Health Department
2029 South 1 ih Street
Wilmington, NC 28401-4946
Phone 910/798-6500 FAX 910/341-4146
Request for Applications
Title: Maternity Care Coordination Services for Women Ineligible
for Medicaid
FUNDING AGENCY: North Carolina Department of Health and Human Services
Division of Public Health, Women's and Children's Health Section
ISSUE DATE: December 12,2007, applications due Friday, January 25, 2008.
NOTE: Maternity Care Coordination Program agencies that provide services in these counties are
eligible to apply: Alamance, Buncombe, Cabarrus, Catawba, Chatham, Davidson, Duplin,
Durham, Forsyth, Gaston, Guilford, Harnett, Henderson, IredeU, Johnston, Lee, Mecklenburg,
Montgomery, Moore, New Hanover, Orange, Pitt, Randolph, Robeson, Rowan, Sampson, Surry,
Union, Wake, Wayne and Wilson.
INTRODUCTION
The Maternity Care Coordination Program (MCCP) case management services are an integral component
of North Carolina's statewide infant mortality prevention initiatives. Since 1990, the North Carolina
General Assembly has appropriated funds to the Division of Public Health to increase the number of
women receiving MCCP services. This funding provides support for MCCP provider agencies to expand
services to women who were not previously receiving services. This three-year cycle of funding gives
priority to the provision ofMCCP services to women who are ineligible for Medicaid. The Women's
Health Branch anticipates availability of $480,000 annually.
BACKGROUND
In response to North Carolina's high infant mortality rates, Maternity Care Coordination Program services
were developed to provide case management to low-income pregnant and postpartum women. The
objectives of the program include increasing access to health care and other related services, in addition to
addressing psychosocial needs that can affect pregnancy outcomes.
SCOPE OF SERVICES
This grant funding will be used to provide units of MCCP services to women who are ineligible for
Medicaid. The services provided and reported under this funding may not be reimbursable by any other
source, including but not limited to: local funds, private insurance, Medicaid, and Presumptive Eligibility
Medicaid. Maternity Care Coordinators providing the grant-funded services may also provide MCCP
services reimbursed by another source (including Medicaid), but may not count those services as
reportable under the grant funding.
1
24
The initial pro-rated II-month funding l'eriod is July L 2008-May 3 L 2009. Renewals for two additional
l2-month funding periods will be available for funded agencies for the period June 1 , 2009-May 31 ,
2011, based on satisfactory proiect performance.
FUNDING AVAILABLE
The maximum funding per project is $35,160 per year ($2,930 per month, 100 units of MCC services at
the current Medicaid rate of$29.30/unit). The project period for contracts awarded through this
competition will begin on July 1,2008, and end on May 31, 2011. After applicants are selected, contracts
will be developed pending funds availability. The final number and amount of awards will depend upon
the number and quality of acceptable applications received. Continuation funding will be dependent upon
project performance and future funding availability.
SELECTION CRITERIA & PRIORITIES FOR FUNDING
From the list of eligible counties, the following selection criteria will be used to prioritize awards:
. Number of Emergency Medicaid deliveries in FY06.
. Demonstrated prior success and satisfactory project performance in prior MCC grant
funding cycle.
. Capacity to provide required services as evidenced by the level of current MCC services
provided to Medicaid-ineligible women and agency resources.
Successful applicants must follow the policies and procedures outlined in the current Division of Medical
Assistance Clinical Coverage Policy lM-8 for Maternity Care Coordination,
www.dhhs.state.nc.us/dma/babylovechild/lm8.pdf, regardless of the participant's Medicaid eligibility
status.
NOTE: County eligibility was determined by taking the number of Emergency Medicaid deliveries in
FY06 and offering funding to provide MCC services to 35% of the women who will receive Emergency
Medicaid coverage (rounded down to the nearest 10), from a minimum of 40 MCC units per month up to
a maximum of 100 MCC units per month per agency. Provider agencies that serve a multi-county area
may combine the potential number of funded MCC units for the eligible counties they serve, up to a
maximum of 100 units per month per agency.
Rationale for New Hanover County Maternity Care Coordination (MCC) program to provide full
MCC services to women ineligible for Medicaid.
The Maternity Care Coordination (MCC) program currently provides sporadic MCC services
to women ineligible for Medicaid. These services include diabetic teaching, presumptive
eligibility application completion, prenatal vitamins, iron, transportation and assistance with social
issues. In the past year, the MCCP has provided "band aid" services to over 500 non-Medicaid
women. These are not billable services because they do not have open MCC records or a source to
bill. State Maternal Health funds are accessed for some of this. Currently, Coastal OB/GYN
supported by the MCCs, is the only clinic that provides prenatal care for non-Medicaid women in
New Hanover County.
The MCC program has the capacity to provide full MCC services to at least 10 non-Medicaid
women monthly. Many of the women who are not eligible for Medicaid are Hispanic. We have
access to interpreters to assist the MCC in providing services and culturally appropriate materials
and trainings.
25
2
The state grant, if received, will provide for fifty 15 minute units of MCC service per month ($29.30
per unit), for a total of $17,580 per year towards the salary of a MCC. This MCC will also have a
caseload of at least 35 Medicaid women to help supplement her salary. Current MCC staff will be
assigned the nonMedicaid women, to provide the same level of services as the Medicaid women.
Refer to the table below for the list of eligible counties.
Potential Number of funded MCC Emergency Medicaid
County units per month (maximum) Deliveries in FY06
MECKLENBURG 100 2102
WAKE 100 1828
FORSYTH 100 944
DURHAM 100 751
GUILFORD 100 747
JOHNSTON 100 399
CABARRUS 100 388
UNION 100 383
ALAMANCE 100 378
RANDOLPH 90 282
BUNCOMBE 90 271
HENDERSON 80 247
LEE 80 242
WAYNE 80 241
SAMPSON 80 238
ROBESON 80 231
CHATHAM 70 217
DUPLIN 70 213
GASTON 70 212
CATAWBA 70 205
HARNETT 60 191
ROWAN 60 186
IREDELL 60 182
WILSON 60 177
ORANGE 50 169
NEW HANOVER 50 157
DAVIDSON 50 154
SURRY 40 134
MONTGOMERY 40 129
PITT 40 126
MOORE 40 117
3
26
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Recognition and Consideration of a Resolution to Congratulate Hoggard High 29
School on Their 2007 North Carolina 4A State Football Championship
5:50 p.m. 2. Introduction ofMr. Chris Coudriet, Assistant County Manager 31
5:55 p.m. 3.1 Public Hearing 33
Rezoning Request (Z-876, 12/07) - Request by Jonathan Washburn for
Vandergrift, Williams, and Caines to Rezone Approximately 13 Acres Located
at 3400-3404 Castle Hayne Road and 109-119 Gladiolus Road in the Aquifer
Resource Protection Land Classification from R-20 Low Density Residential
to B-2 Highway Business District
6:25 p.m. 3.2 Public Hearing 43
Text Amendment (A-366, 10/07) - Request by David Ward to Amend
Sections 72-31 Commercial Marina, to Add a Condition that Dry Storage of
Boats Not be Allowed in Residential Districts
6:55 p.m. 3.3 Public Hearing 73
Text Amendment (A-368, 12/07) - Request by Grasmico, Inc. to Amend
Section 53.5 Planned Development Districts to Add a New Section 53.5-
2(7)(0) Allowing More Flexible Standards for Planned Developments Which
Include a Continuing Care Retirement Facility
7:25 p.m. 4. Meeting of the Water and Sewer District 77
7:45 p.m. 5. Non-Agenda Items (limit three minutes)
7:50 p.m. 6. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:00 p.m. ADJOURN
27
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28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Regular Item #: 1 Estimated Time: Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
Recognition and Consideration of a Resolution to Congratulate Hoggard High School on Their 2007 North Carolina
4A State Football Championship
BRIEF SUMMARY:
The Hoggard High School football team will be present for the reading of a resolution by the Board of County
Commissioners, congratulating them on their undefeated season and their North Carolina state championship in football.
Parents, coaches and New Hanover County Board of Education representatives will be in attendance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Offer congratulations and adopt the resolution highlighting the achievements of the Hoggard High School football team.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Resolution will be provided prior to the agenda briefing.
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize the team and adopt the resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized the team and adopted the resolution unanimously.
29
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
TO RECOGNIZE AND CONGRATULATE
JOHN T. HOGGARD HIGH SCHOOL AS THE
2007 NORTH CAROLINA 4A STATE FOOTBALL CHAMPIONS
WHEREAS, on December 8,2007, the John T. Hoggard High School football team won the North Carolina
4A State Football Championship in Winston-Salem, North Carolina; and
WHEREAS, the team defeated Mount Tabor High School by a score of 28-0; and
WHEREAS, during the 2007 season, the John T. Hoggard High School football team had fifteen wins and
no losses; and
WHEREAS, the John T. Hoggard High School football team did carry with it the pride and support of the
New Hanover County citizens.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the
coaches, players and parents of the John T. Hoggard High School football team should be recognized and
congratulated for their accomplishments, and for serving as outstanding ambassadors of New Hanover
County.
ADOPTED this the yth day of January, 2008.
NEW HANOVER COUNTY
(SEAL)
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Regular Item #: 2 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce T. Shell
Contact: Bruce T. Shell
Item Does Not Require Review
SUBJECT:
Introduction of Mr. Chris Coudriet, Assistant County Manager
BRIEF SUMMARY:
After an extensive search, Mr. Chris Coudriet was hired to fill the position of Assistant County Manager formerly held by
Patricia A. Melvin who retired November 30,2007. Mr. Coudriet brings over a decade of public administration experience,
with more than five years' experience as county manager in North Carolina, both in Washington County and, most recently,
in Franklin County. He has a Bachelor's of Science Degree in Urban and Regional Planning from East Carolina University
and a Master's Degree in Public Administration from the University of North Carolina at Pembroke. He began his new
duties January 2, 2008.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Introduce and welcome Chris Coudriet as the new Assistant County Manager in New Hanover County.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Welcome Cris Coudriet, Assistant County Manager.
COMMISSIONERS' ACTIONS/COMMENTS:
Welcomed Chris Coudriet and his family to New Hanover County.
31
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32
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Regular Item #: 3.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Rezoning Request (Z-876, 12/07) - Request by Jonathan Washburn for Vandergrift, Williams, and Caines to Rezone
Approximately 13 Acres located at 3400-3404 Castle Hayne Road and 109-119 Gladiolus Road in the Aquifer
Resource Protection land Classification from R-20 low Density Residential to B-2 Highway Business District
BRIEF SUMMARY:
At its December 6,2007 meeting, after lengthy discussion about the projected transition of use in the area around the 1-140
interchange, the Planning Board voted 5-1 to recommend approval of the petitioner's request. Three neighbors expressed
concerns about the broad range of uses allowed in the general rezoning, the lack of infrastructure to support commercial
activity, and a fear that the incidence of vandalism at their church (St. James AME) could increase as a result of the
transition.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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 approximately 13 acres from R-20
Residential District to B-2 Highway Business District is (or is not):
1. Consistent with the purposes and intent of the Urban land classification and the associated land
use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage in close proximity to the 1-140
and Castle Hayne Road interchange from residential to commercial use.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
@ill @ill ~ @ill
-,
-....~: Z-875~ 12-07-Staff Summary,doc Z-875- 1 2-07-Pelilion Summary,doc Z_875.pdf Z-876 Applicant Malerials,pdf
33
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Denied 4-1, Commissioner Caster voting in opposition.
34
CASE: Z-876, 12/07;
PETITIONER: Jonathan Washburn for Vandergrift, Caines &
Williams
REQUEST: From R-20 Residential District to B-2 Highway
Business
ACREAGE: Approximately 13 Acres
LOCATION: 3400/3404/3412 Castle Hayne Rd.; 109 and 121
Gladiolus Rd.
LAND CLASS: Aquifer Resource Protection
PLANNlNG BOARD ACTION:
At its December 6, 2007 meeting after lengthy discussion about the projected transition of
use in the area around the 1-140 interchange, the Planning Board voted 5-1 to recommend
approval ofthe petitioner's request. Three neighbors expressed concerns about the broad
range of uses allowed in the general rezoning; the lack of infrastructure to support
commercial activity; and a fear that the incidence of vandalism at their church (St. James
AME) could increase as a result of the transition.
STAFF SUMMARY
The subject property is located in the northwest portion of the county in an area classified
as Aquifer Resource protection on the 2006 CAMA Land Classification map. The
properties are accessed from Castle Hayne Road and from Gladiolus Road, a local street
intersecting with the principal arterial road. Level of service has not been rated on
Gladiolus Road. LOS has been rated F along this segment of Castle Hayne Road,
meaning traffic exceeds the design capacity. Traffic counts in this area decreased about
4% between 2004 and 2005. The 1-140 interchange is located just north ofthis property.
The Caines and Vandergrift properties are vacant at this time, but a portion of the
Williams properties on Castle Hayne Road are used for residential purposes. The
southern portion of all these properties is traversed by a large power easement with high
power lines running east and west across the land. Adjacent to the north is vacant,
wooded area. To the south is zoned R-15 along Gladiolus Rd. To the west, across Castle
Hayne Road, is also zoned R-20 with a church, vacant land and a residential use in place.
Further south on both sides of the road are small businesses in commercial zoning
districts.
The subject property is located within the Prince Georges Creek watershed drainage area
which is classified C(SW). The property is not within the 100 year flood zone. Soils are
primarily class III Murville soils with severe limitations for septic systems. Public water
is nearby at Rockhill Road. Public sewer is not available in the area at this time and septic
1/4/2008 Page 1 of3 Z-876
35
failure has been noted in the area. This area is one of several priority needs areas for
extension of county water and sewer.
Land Use Plan Considerations:
This rezoning petition proposes a change from low density R-20 Residential use to a
more intensive B-2 highway business classification. Implementation strategies associated
with Policy 4.3 of the land use plan encourage location of regional commercial nodes at
major intersections consistent with the classification map and other local plans and
location of commercial centers to provide service and trade at key intersections. Strategy
4.3.2 directs us to follow recommendations of the Wilmington Bypass Steering
Committee on designated interchanges. Those recommendations identify expansion of
economic benefits relating to industrial or manufacturing uses as well as a possible
business park in this vicinity. The B-2 Highway Business District includes the broadest
array of commercial uses. These would be presumed to be larger and higher intensity
operations in a roadside environment to accommodate high volume traffic and the
motoring public.
The 2006 Update of the Joint CAMA Plan describes the purpose of the Aquifer
Resource Protection class as providing for the preservation and protection of important
natural, historic, scenic, wildlife and recreational resources. The Aquifer Resource
Protection subclass occurs in the Northwest part of the County north of Smith Creek,
and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs.
The impacts that the resource is being protected from is diminished recharge of the
aquifer and contamination of the aquifer by inappropriate land uses. The focus of
strategies to protect this Resource Protection subclass is encouraging larger lot
development if septic systems are used to prevent cross contamination of wells,
extension of water and sewer service to curtail septic system use, prevention of uses that
pose risk of spill of hazardous materials, and encouraging development practices that
promote sustained recharge.
This property will be somewhat constrained for any type of development by the presence
of the large power easement on the property. Careful design will be necessary to create
viable use of the land, whether residential or commercial. Staff feels the area around the
1-140 interchange will be ripe for commercialization when public services become
available in the future, and although a transition from residential use to highway
commercial use might appear to be inconsistent with the adjacent zoning and the land
classification at this time, staff believes the requested zoning change is reasonable and in
the long range public interest as a start for establishing this future commercial node.
Therefore, staff recommends approval of the rezoning from R-20 Residential to B-2
Highway Business.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, tbe governing board shall adopt a statement
12/21/2007 Page 2 of3 Z-876
------ -
36
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 approximately
13 acres from R-20 Residential District to B-2 Highway Business District is (or is not):
1. Consistent with the purposes and intent of the Urban land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage in close proximity
to the 1-140 and Castle Hayne Road interchange from residential to commercial use.
12/21/2007 Page 3 of3 Z-876
-
37
Case: Z-876, 12/07
Rezone from R-20 to B-2
3400/3404 Castle Hayne Road and east along Gladiolus Rd.
Petition Summary Data
OwnerIPetitioner: Jonathan Washburn for Vandergrift, Caines, Williams
Existing Land Use: Residential and vacant
Zoning History: Area 10 (July 1, 1974)
Land Classification: Aquifer Resource Protection
Water Type: Private well
Sewer Type: Septic (Septic failures are shown at or near this property)
Recreation Area: Castle Hayne Park
Access & Traffic Volume: Primary Access is likely to be from Gladiolus Rd. (no
counts). Frontage is also on Castle Hayne Rd. with
ADT of22,163 (4/05) compared to 23,218(8/04); -5%
LOSF
Fire District: Wrightsboro VPD
Watershed & Water Quality Classification: Prince Georges Creek, C;SW
Aquifer Recharge Area: Secondary Recharge for Castle Hayne or PeeDee where
occurring near land surface under water-table conditions
ConservationlHistoric/Archaeological Resources: None
Soils: Mu- Murville fine sand (III); Le - Leon soil(III); On- Onslow loamy fine
sand (II)
Septic Suitability: Class III- Severe Limitations; Class II - Moderate Limitations
Schools: Wrightsboro Elementary
Other: Airport Conical Zones
----~-~-
38
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39
APPLICANT MATERIALS
.
-.--.....
40
WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY
Your intended use of property upon rezoning is 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. Since amendments to zoning maps should also be based on a Land Use Plan, you
must explain in the space below how your request satisfies each of the following requirements:
1. How would the requested change be consistent with the County's Policies for Growth and
Development? ANSWER: The policies for growth and development seek to "locate
regional commercial nodes at major intersections" (Sec. 4.3-1), and to "locate commercial
centers to provide community level service and trade needs at key intersections or on major
thoroughfares" (Sec. 4-3. 6). Rezoning this property for commercial uses would be
consistent with the concept of transitioning uses, and would help concentrate commercial
development at this busy traffic node, reducing cross traffic through neighborhoods to
reach more distant commercial services.
2. How would the requested zone change be consistent with the property's classification on the
Land Classification Map? ANSWER: The 1999 Land Classification Plan identifies this
area as "Transition". According to the 2006 CAMA Plan Update, "(T)he purpose of the
"Transition" class is to provide for future intensive urban development on lands that have
been or will be provided with necessary urban services." The subject property is located
within the 2006 Urban Service Boundary (Land Use Plan, Page 68) with public utilities
anticipated in the near future.
3. What significant neighborhood changes have occurred to make the original zoning
inappropriate, or how is the land involved unsuitable for the uses permitted under the
existing zoning? ANSWER: Recent completion of an /-140 interstate interchange
directly at this site has dramatically altered traffic patterns sending a large portion of
through traffic directly past the subject property, either departing the city or arriving to
Wilmington from /-40 to /-140. Future extensions of /-140 into Brunswick County will
also capture even more north-south traffic seeking to bypass the Hwy 17 corridor running
through the city. Ongoing development of various residential subdivisions on Castle
Hayne Road and in the general vicinity has created more demand for commercial services
in this area. The recent development and ongoing extension of municipal water and sewer
services to this area will facilitate safe and compatible site development, and makes a
commercial zoning district more applicable.
4. How will this change of zoning serve the public interest? ANSWER: The opportunity to
rezone a large tract of owners assembled in a unified plan helps concentrate commercial
development in a nodal pattern, reducing cross-traffic between businesses and through
surrounding residential neighborhoods. The immediate proximity of the subject site to
interstate and major corridor travel paths increases service convenience and decreases
infiltration into residential areas.
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I
have the burden of proving why a change is in the public interest. I further understand the singling out
of one parcel ofland for special zoning treatment unrelated to County policies and the surrounding
neighborhood would probably be illegal. I certify that all information presented in this application is
accurate to the best of my knowledge, information and belief.
Si
41
PETITION TO REZONE 13.0512 acres--- Castle Havne Road at Gladiolus Road
\ D E
F
IiI
\ \
A 3404 Castle Hayne Rd ROBERT EARL WILLIAMS 2500-002-009-003 0,77 ac
301 Chesterfield Road
Castle Hayne, NC 28429
910)675-0669
B 3412 Castle Hayne Rd ROBERT EARL WILLIAMS 2500-002-021-000 1.66 ac
(same as above)
C 109 Gladiolus Rd MELISSA LYNN CAINES 2500-002-022-000 1.7112 ac
122 Sassanqua Road
Castle Hayne, NC 28429
(910)538-3333
D 3400 Castle Hayne Rd A. WAYNE VANDERGRIFT 2500-002-020-000 1.74 ac
6620 Old Bridge Site Road
Castle Hayne, NC 28429
(910)675-2392
E 3400 Castle Hayne Rd A. WAYNE VANDERGRIFT 2500-002-009-000 5,86 ac
(same as above)
\2\ Gladiolus Rd ARTHUR W. VANDERGRIFT 2500-002-009-001 1.30 ac
CAROLYN R. VANDERGRIFT
(same as above)
42
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Regular Item #: 3.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Text Amendment (A-366, 10/07) - Request by David Ward to Amend Sections 72-31 Commercial Marina, to Add a
Condition that Dry Storage of Boats Not be Allowed in Residential Districts
BRIEF SUMMARY:
After lengthy discussion of the need to balance public access and protection of residential neighborhoods, by a vote of 2-4,
the Planning Board defeated a motion to disallow dry stack storage. On a follow-up motion, the Planning Board voted 4-2
to recommend a substantially modified version of the amendment.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION REQUIRED:
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 text amendment as presented herein is (or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to clarify the county's intentions relating to dry stack
storage, particularly when proposed in residential districts.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~
A-366 TEXT AMENDMENT -sec 72-3l dry slorage.doc A-366 Ld Commercial MarinaZoningSUP,doc A-366 David Ward Materials,pdf
43
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the recommendations of the Planning Board and staff by a vote of 4-1, Chairman Greer voting in opposition.
44
CASE: A-366 Applicant: David Ward
REQUEST: Text Amendment - Section 72-31 Add condition that dry
storage is not allowed in Residential Districts.
BACKGROUND:
The current ordinance incorporates a dry storage parking requirement,
therefore implying dry storage could be a normal use at commercial
marinas under special use permits. Petitioner requested that the special use
permit section for commercial marinas include a condition to disallow dry
storage when marinas are located in residential districts.
The Planning Board held a work session on November 15 to discuss this
and other planning issues. Staff reported that there is only one situation in
the county where dry stack storage is part of a commercial marina in a
residential district. In that case, the dry stack was shown on the approved
SUP site plan and approved as part of the marina. Other dry stack
situations are considered accessory to commercial marinas which are
located in appropriately zoned commercial or industrial areas where
marinas are permitted by right. The Planning Board had reluctance to fully
disallow dry stack storage but did feel it should be separated out on the
table of uses to clarify that it is viewed differently in residential areas,
consistent with the current special use requirement for commercial
marinas in general. The board asked staff to develop a definition and
alternative language to capture the issues of concern. The board heard the
item at its December 6, 2007 meeting. Attorney Bill Raney spoke on
behalf of the petitioner and supported the staff s alternative language and
also suggested additional language to restrict the use within 200' of open
shellfish waters. Attorneys from Shanklin and Nichols, and Mr. Tim Ward
spoke in opposition to the original proposal to disallow dry stack. No other
members of the public spoke on the item.
PLANNING BOARD ACTION:
After lengthy discussion of the need to balance public access and protection of residential
neighborhoods, by a vote of 2-4, the Planning Board defeated a motion to disallow dry
stack storage. On a follow-up motion, the Planning Board voted 4-2 to recommend the
following amendments:
Definitions: ADD
23-63.1 Drv Stack Storafle - Vertical storafle of boats in a rack svstem.
providinfl for storafle of at least 2 lavers of boats.
Table of Uses: ADD
Drv stack storafle of boats:
As a stand-alone warehouse use - Permitted in B-2. I-I. 1-2
As accessorv to a marina - Permitted in B-2. I-I. 1-2. PD. RFMU
12/21/2007 A-366
45
SUP in R's and B-1
CHANGE BY ADDING (6)
72-31: Commercial Marina - This type of use may be permitted in any residential
district or B-1 Business District provided: (2/7/83)
(1) A minimum of one (1) off-street parking space per boat slip and per four (4)
dry storage facilities shall be provided. (4/05)
(2) A buffer in compliance with Section 67 shall be provided along all property
lines abutting residential property.
(3) Night lighting by design and construction shall be contained on the site.
(4) A site plan shall be submitted for review and approval. (7/7/80)
(5) It can be demonstrated that the sitting of the facility will have minimal
impacts on water quality, primary nursery areas, shellfish grounds, and
conservation resources. (10/1 0/92)
Additions:
(6) Drv stack storaf!e as an accessorv to a marina in a residential or B-1 zoninf!
district must be clearlv identified on the approved site plan and described in the
findinf!s of fact. Additional buffers or screeninf!s will be required to mitif!ate
noise, lif!ht and dust impacts on surroundinf! properties.
a. Setbacks for drv stack storaf!e from anv abuttinf! residential
propertv line shall be not less than 2.75 times the heif!ht of the structure if
enclosed or the hif!hest point of a stored vessel if unenclosed.
b. Appearance of stacked storaf!e should retain the character of
the surroundinf! residential areas and provide opaque vef!etative buffers to
reduce visual impacts.
c. Proiects shall be desif!ned so that the use of noise-f!eneratinf!
activities. such aslarf!e marine forklifts. boat haul out or boat repair approved
as part of the special use permit will be located as far awav from residential
structures as feasible to lessen impacts on the residential qualitv of life.
STAFF COMMENTS:
The land use plan encourages both public access to public trust waters and preservation of the
character and quality oflife in residential areas. Staff feels the special use permit process can
adequately accomplish the land use policies in a balanced way with the proposed amendments
and therefore supports the Planning Board recommendation.
ACTION REQUIRED:
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 text amendment as presented herein
is (or is not):
1. Consistent with the purposes and intent ofland use policies adopted in the 2006
land use plan;
2. Reasonable and in the public interest to clarify the county's intentions relating to
dry stack storage, particularly when proposed in residential districts.
12/21/2007 A-366
46
Commercial Marina Zoning SUP? Dry Stack?
Carolina Inlet Watch R-15 S.166('76) yes
Off Carolina Beach Rd.
Masonboro Boat Yard I-I N/A yes
Trails End Rd.
(Parking/Office added) R-15 5-500(03) (not in R-15)
Oak Winds(Harrelson) R-20 S.004 no
Middle Sound Loop Rd.
Harrelson's Marina R-20 5 -004 no
Middles Sound Loop
Robertson Leased Slips R-20 S-296(' 88) no
Sneeden/Middle Sound
Nelson's Marina R.20 5-328 no
And Marine Lumber
Canady/Pages Creek R-20 5-38/40 no
Mason Landing Rd.
Mount Pleasant Dr. R-20 predates no
Johnson's(Mason Landing) R-20 S-67/72 no
Tumer Nursery (renamed)
Blossom Ferry Road R-15 $-241('85) no
Castle Hayne
Barnard's Creek Yacht 1-2 NIA yes (annexed?)
River Rd.
Turtle Hall Residential no (city)
Off Airlie Rd Residential no (city)
Bradley Creek CB Business yes (city)
Off Oleander Dr.
Various Wr. Beach C-3 Commercial yes (WB)
Near Bridge
Ocean a (Car. Beach) MB-l Marine Business no (CB)
North End
47
APPLICANT MATERIALS
.
48
POSITION OF DAVID WARD REGARDING TEXT AMENDMENTS TO ADDRESS
DRY STACK STORAGE OF BOATS
New Hanover County Planning Board
December 6, 2007
A-336, 10/07
In addition to the language proposed by the Planning Department
for consideration by the Planning Board the applicant requests that
the following alternatives or additions be considered.
1. Eliminate the "R" districts from the districts where dry
stack storage of boats as an accessory to a marina is allowed.
2. Add a new subsection (6) or (7 ) to the provisions of Section
72-31 that will read as follows:
"The shoreline of the property is not located within 200' of
open shellfish waters as designated by the North Carolina Division of
Marine Fisheries or any successor agency."
3 . Add a possible additional sub-subdivision to subdivision (6)
as proposed by the Planning Department to read as follows:
"d. The shoreline of the property shall not be located
within 200' of open shellfish waters as designated by the North
Carolina Division of Marine Fisheries or any successor agency."
4 . Increase the multiplier in the setback proposal of the staff
from 2.5 to 2.75 which is the current minimum setback multiplier for
commercial uses next to residential districts. This is in (6) a. of the
staff materials.
WAR\environ\R07-175-001
49
November 29, 2007
Jane Daughtridge. Senior Planner David N. Ward
New Hanover County Plimning Department 1508 Burnett Road
230 Government Center Drive. Suite 150 VVihIUogton, N.C. 28409
Wilmington, N.C. 28403
Dear Jane
I have given some thought to the discussion that the Planning Board had concerning
the proposed text change that I submitted during their recent meeting, and I would like
your opinion of these alternative text changes that I would like to submit. I recall that the
planning Board discussed in their meeting that they thought a dry storage marina could fit
in a residential R-10. R-15 area if that neighborhood had been developed with a dry
storage marina planned for that neighborhood. I also remember hearing that some of the
Board thought it would be appropriate for a dry storage marina to be placed in a R -10, R-
15 district if the property owners would want that type of facility within their
neighborhood. I gave some thought to their opinion, and have written these four different
changes to the text to submit to offer a suitable change that will benefit everyone living in
water front communities. I believe that Zoning Ordinance 72-31 could add one of these
text changes to it but perhaps written in a more legal term. (6) A Dry Storage Marina
Facility may be allowed in a R-lO, R-15 district provided this facility is a planned part of
the neighborhood development. (6) A commercial dry storage marina facility may be
allowed within a RIO, R15 residential district provided a dense buffer of 3.0 x the height
of the structure built is constructed along the property lines abutting residential uses. (6)
A Dry Storage Marina Facility may be allowed in an R-10. R-15 district provided the Dry
Storage slips will be owned or rented by the property owners within the neighborhood
community in which it is allowed. (6) A dry storage marina facility may not be allowed
within a RIO, R15 residential district if the area is within a primary nursery area open to
the harvest of shellfish. I hope that one of these may be a change that everyone could
support.
One of the reasons I have asked for a change in the text of the Zoning Ordinance is
because of the Special Use Permit process. It has been our experience that only the homes
near a proposed project asking for a Special Use Permit are notified in the permitting
process. I know that a sign is posted on the proposed site for a SUP, and that a notice is
given in the newspaper, but these signs are not usually noticed, or ifunless you faithfully
look for the special notices in the paper you do not have a clue that a permit has been
applied for. I live next door to a site that has had numerous signs posted, and most of the
time we did not know that a sign was posted. I do not subscribe to the Star News. and
from talking with most of my neighbors they do not subscribe to the paper. A large
number of citizens do not see the special notices in the Star News.
50
In our neighborhood many of the property owners do not use their homes as their
primary residence, or they have not built a residence on their parcel of land. The
neighbors that own property, or live along the road coming into our neighborhood don't
always venture past their property to drive to the back of the neighborhood to see if
something out of the ordinary is taking place. Some of the property owners in our
neighborhood only visit the neighborhood once a year. It has been a large burden on a
just a few in our neighborhood to try to get the word out about what is going on in our
neighborhood. Every time we have had to go to a Planning Board, or County
Commissioner, or Board of Adjustment meeting quite a few of the neighbors for various
reasons could not be contacted, or could not attend, and they were left out of the process.
I have talked to some of the neighbors that have missed meetings, and they were very
upset that they had missed a meeting, and angry that our neighborhood would have to go
through all these meetings for the same proposed Special Use Permit.
I can without reserve state that a majority of my neighbors have been in the dark about
most of what Carolina Marina has been proposing in our neighborhood because they do
not have to be notified of a SUP. Carolina Marina time after time keeps submitting
different plans asking for a dry storage marina facility in our neighborhood. Our
neighborhood has for five years now lived with the fear of a commercial dry storage
facility coming into our neighborhood. Thousands of dollars have been spent in attorney
fees, and for professional land appraisals, and other expenses to protect our
neighborhood. My family has spent over $80,000.00 to try to preserve our community.
This is an expense that we should not have to endure, and many citizens cannot afford.
Our neighbors also have spent thousands of dollars of their hard earned money to protect
our community. Some of our neighbors live on a fixed income, and they simply cannot
afford to hire professional help every time a new SUP for a dry storage marina facility is
proposed. Our neighborhood is just like countless others in New Hanover County, and
this is something that I would pray that no other citizen of our county would have to
endure.
In this letter I have tried to portray what it is like to be involved in the Special Use
Permit procedure for a party in opposition to a SUP. It is expensive to try to protect your
interest in this process, and it is an emotional drain on all the parties that are involved.
My neighborhood has endured Five years of going through this process. There is a need
for the citizens of New Hanover County to have something within the Zoning Ordinance
to regulate these types of commercial developments. Every City, and County along the
coast of North Carolina other than New Hanover County does not allow dry storage
marinas in a R-l 0, R-1S district. I hope that you will consider these text amendments, and
that we can come to some type of resolution to offer some protection to the rights of
property owners living in water front communities in New Hanover County.
Yours Truly,
David Ward
51
September 6, 2007
Jane Daughtridge Senior Planner Violet P. Ward
New Hanover County Planning Department David N. Ward
230 Government Center Drive 1508 Burnett Road
Wilmington North Carolina 28403 Wilmington, N.C. 28409
Dear Jane,
I would like to first thank you for your help with trying to make this change in the
ordinance. You have been so helpful in this matter. In the past few days I have talked
with zoning officials in several of the surrounding counties, and to the zoning officials
with the city of Wilmington, New Bern, and Carolina Beach. I presented the same
question to each person. I asked each planning, and zoning official if a commercial
marina dry storage facility would be a use allowed in a residential district. Each county,
and city I talked with stated that a commercial marina that allowed dry storage was not a
permitted use allowed in a residential district. A couple of counties allowed a marina if it
was planned along with a proposed R 20 community, but a dry storage marina was not
permitted in either of the counties or cities I spoke with. I spoke with Greg McCoy
Zoning Enforcement Officer with the city of New Bern, and he stated that a marina was
not allowed in a residential area according to their code. I talked with Kathryn Hoffman
that works in the City of Wilmington Planning Department, and she stated that a
commercial marina with dry storage is not allowed in a residential district. I also spoke
with Ed Parvin in the Planning Department at Carolina Beach, and he stated that dry
storage marina facilities are not allowed within the City of Carolina Beach. Katrina
Marshal with Carteret County, Sue Mclaughlin with Onslow County, Helen Bunch with
Brunswick County, and Barbara James with Pender County all stated that a dry storage
marina was not permissible by the ordinances of their counties in a residential district.
The Town of Carolina Beach stated that marina dry stack facilities are unsightly,
and cause traffic congestion. We believe that this is true, and that a marina dry storage
facility does not fit the character of a residential neighborhood. A marina dry storage
facility requires a large forklift to move boats to, and from the water, and they cause an
excessive amount of noise. Storage racks start at about 20 feet tall, and can be 45 feet tall.
Boats sit on these racks, and whatever fluid that may leak from the boats as they sit on
the racks either drains into the ground, or into a storm water collection system, which
usually affects the water near by. These facilities usually rust after a couple of years, and
become too unsightly to be part of a residential atmosphere. Dry storage facilities can be
a fire hazard. A few years ago I remember that my father as a member of the Seagate Fire
Department had to help extinguish a large fire at the Bradley Creek storage facility
52
caused by fire works. This fire posed a serious threat to the homes that were over a
hundred feet away.
Recently I spoke with the Rick Moore the manager of Inlet Watch Marina, and he
stated that the marina there was built about eight years before the first house was built in
the Inlet Watch neighborhood. This is the only dry storage marina facility that exists in a
residential neighborhood in New Hanover County. Mr. Moore stated at times he has
complaints about the noise that the forklifts cause moving the boats around. During the
summer months the forklifts operate at about 6:30 in the morning, and until about 7:00 at
night. The weekends are very busy with boats being launched from the storage racks. I
asked Mr. Moore if he felt that the marina had an effect on the value of the homes there.
Mr. Moore stated that the homes nearer the facility were sold for less money because of
the noise, and unsightly view of the dry storage facility there. Mr. Moore stated that he
felt sorry for the homes that were closer to the launch site of the boats because they had
to put up with so much noise early in the morning on the weekdays, and especially on the
week ends.
The surrounding Townships, and Counties to New Hanover County have set their
ordinances to protect what we classify as R to, R 15, and R20 residential neighborhoods.
It seems apparent that New Hanover County needs a change in the ordinance to set some
type of control to protect our residential neighborhoods from a use that is clearly out of
hannony with a residential community.
Yours Truly,
David Ward
53
\
ZONING ORDINANCE
Pender County, North Carolina
Adopted July 5, 1988
Amended November 3, 1994
Amended July 15,2002
Amended November 18, 2002
Amended July 21,2003
Amended October 20, 2003
Amended March 31, 2005
Amended June ,
Amended Sept ber 18, 2006
Codified With Amendment as of September 18, 2006
ac, zoning ordinance, 9-18-2006 Final Version A(lopted 9-18-2006
54
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,Sep. 7. lOO I 9:04AM fA'( -39~~~~S~r
BiD Clark Alan Gilbert
_'01' .V/:o'01' PH TIJlI
Joel MItOD Pat Efird
Cmmt:1Imlm C_lhfommt
Jer.ry Job.o$Oll T'ltUOtby Owens
C-n- T(M"~,
TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina llead1. North Carolina 28428
910 45S 2526
FAX 9l04S8 2991
ed.~litIabed.O\'J
September 04, 2807
MEMORANDVM
TO: ~
FROM: Ed ~ ,mor PlalUler
RE: Dry Staek Storage
LAND USE PLAN
Currently our land use plan COIISists of a policy prohibiting dry stack storage:
8.1.8 D Dry Staek StcmIge
Due to their uosiabtJiness and the tra1fic congestion associated with such facilities. dry stack facilities shall be
prohibited at C8IOIina Beaeh
DRAFT LAND USE PLAN
The Dra1t Land Use plad tatatively planned for adoption by T OWD Counci.I on September I I. 2007 contains the
following policy sIBIemeDt:
34) Dry Stack storage facltitie$ shall be prohibited at Carolina Beach
ZONING ORDINANCE
The zoning onfinaJ.loe tab'e ofpormitted usos (Artiole 3.8-H does not petmit dry staek $1:orage anywhere inside
the Town limits.
1
56
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RE: Marinas
To Whom It May Concern:
Article IS. DefiBitiowJ, Sedion 18-112 of tile City ofWihnington's Land
Development Code defines a ~ ~ fadIity 18 a private nonprofit
boatina Wily ino1nding a dodc, pier.lIJdJor JauadJing amp on property which
bas water fi'ontaae. the use ofwbich is mt.ded to laVe five (S) <<more
resideatia110ts or units. The right to use IUdt &ciJity 0lUSt be cooforred by an
easement apputteaant to the ~iallot it is iDteftded to serve. No commercial
activities of any kind, indudiag commerciaIlettiag 01 slips to penjes who ate not
residents ofdte watediont subdivision, sbell be within the COD6nea of tile kiJity.
Article IS. Definitiolll, Section 18-112 oft.be City ofWilminaton's Land
DevelopDlCllt Code dc6nes..... .. ar.r.y publicly or prfvately owned dock,
basin. or Wet storage facility coutnJcted to ~ IUOfe tba& ten (10)
boats and povidiDg any oft.be G;)lIowiag servkes: perRDent or 1I'lRient docking
spaces, dry storage ft1eIia& 6ciities. .... out &ciIitios. or repair services.
:Excluded ftom this definition ant .. f8p faci1ilies allowing access only,
temponuy docking that includes DOlle of the previously listed services, IIlld
colDlllUDity boaIing facilities with tea (to) or her slips.
Acconting to t.be City ofWiJm....s LaaI Deve'opuent Code, community
boatina facilities are ~ under prelIC2ihed coadkious in the R-20 residential
zon.iDg district and as accessory uses in the It.-IS, J...IO, R-7, It.-S. and R-3
residential districts. Privato __ arc not a UlIe pII1IIitUd by right witbin the ll-
20. R-IS, R-J.D, R-7. and J...3 RJIIic:IendaI zoning districts.
~~ -'1j~r
57
BOARD OF COMMISSIONERS
Martin Aragona, Jr.
Chairman
Paul Buchanan Onslow County
Vice-Chairman
Delma Collins North Carolina
Joseph McLaughlin
Lionell Midgett
www.co.onslow.nc.us
September 5,2007
To Whom It May Concern:
RE: ZONING REQUIREMENTS FOR BOAT MARINA AND DRY STACK STORAGE
The Onslow County Zoning Ordinance allows boat marinas and storage in the Highway
Business (HB) and Community Business (CB) District only. The boat marina is allowed only as
a Special Use Permit which is required to be~'!!'p rQy~d by the Zoning Board of Adjustment. This
requires that adjacent property~'"^" ""- published in the local newspaper.
Please contact me at
Cordially,
~
Sue McLaughlin
Chief Zoning and En
Planning and Development Department
604 College Street. Jacksonville, North Carolina. 28640
Phone: 910.455-3661. Far. 910.455.245S
58
ARTICLE XIII. SPECIAL USES
Section 1301. Objectives and Purpose
It is recognized that there are some land uses which are basically in keeping with the intent and
purpose of the various zoning districts created by this Ordinance, yet these uses may have a
significant impact on those districts. These impacts are best determined following careful
review of the specific proposal. In order to add flexibility to this Ordinance, certain uses are
allowed by means of controls exercised through the Special Use Permit process.
Section 1302. Authoritv
1302. 1 Pursuant to G.S. 153A-345, Special Use Permits may be granted by the Onslow County
Board of Adjustment as enumerated in Article XIX, Table of Uses except for
Construction & Demolition Landfills and any special use application submitted by or on
behalf of a public entity, public enterprise, or public instrumentality which are subject
to approval by the Board of Commissioners.
1302.2The owner or owners of all property included in the petition for a Special Use Permit
shall submit all required application information necessary to obtain special use permit
to the County Planning Department.
1302.3Applications that do not satisfY the requirements of this Article or that do not contain a
fully sufficient site plan will not be forwarded to the Board of Adjustment for
consideration.
Section 1303. Public Hearinl!
The Zoning Administrator shall set and advertise a date and time for a public hearing before
the Board of Adjustment or Board of Commissioners, as applicable, for all Special Use Permit
requests. Notice of such hearing shall be published in a newspaper of general local circulation
twice, not less than ten (10) days nor more than twenty five days (25) days before the date set
for the public hearing. At the public hearing all interested parties shall be sworn and permitted
to testifY. Prior to the hearing, all property owners within a thousand (1000) foot radius of the
property shall be mailed a notice of the hearing, via 1 st class mail. The person mailing notices
shall certifY that such notices have been mailed. In addition, the property for which the special
use is proposed shall be posted with the Notice of Hearing at least one (1) week before the
public hearing.
Section .1304. Board Action
The Board shall consider the application and comments at the public hearing and may grant or
deny the Special Use Permit. Approval of a Special Use Permit requires a 4/5 vote of the
Board of Adjustment, a majority vote by the Board of Commissioners, as applicable. If the
Special Use Permit is granted, the Board shall use as a guide the specific special uses outlined
in this Article for each use proposed. In addition, the Board shall issue a special use permit
only when the Board makes an affirmative finding for each of the following general findings:
A. That the use will not materially endanger the public health or safety, if located
where proposed and developed according to the plan submitted and approved;
B. That the use meets all required special uses and specifications;
29
59
C. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity;
D. 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 Onslow County Land Use Plan and
the Onslow County Citizens Comprehensive Plan.
In granting the Special Use Permit, the Board may, in addition to those stated herein, impose
reasonable conditions that might allow the Board to affirmatively make any of the four general
findings. All findings and such additional conditions shall be supported by facts contained in
the record and shall be entered in the minutes of the meeting at which the Special Use Permit
is granted. All additional conditions shall be entered on the Special Use Permit itself, and on
the approved plans submitted therewith. All specific conditions imposed by the Board shall
run with the land and shall be binding on the original applicant for the Special Use Permit,
their heirs, successors, and assigns.
Section 1305. Denial and Appeal
If the Board denies the Special Use Permit, it shall enter the reason for its action in the minutes
of the meeting at which the action is taken.
Appeals of a decision of the Board in granting or denying a Special Use Permit shall be filed
with the Onslow County Superior Court within thirty (30) days of the written decision.
Section 1306. Compliance with District Re21llations
In addition to the conditions specifically imposed in this article and such further conditions as
the Board may deem reasonable and appropriate, special uses shall comply with all other
regulations for the zoning district in which they are located unless the provisions for, the
special use provide to the contrary.
1306.1. Shooting Ranges must comply with the Onslow County Shooting Range Ordinance.
1306.2.CampgroundsIRV Parks may be developed at a density of not more than 15 units
per acre and shall comply with the Design Standards under Sectian 9-9 (1) and (2) of
the Onslow County Mobile/Manufactured Home Park Ordinance.
1306.3. Bed & Breakfast may be developed in accord with the following:
a. Guest stays are limited to 14 consecutive days.
b. The use is the permanent, principal residence of the owner or operator.
c. A Bed & Breakfast can only be established in a site-built, single-family dwelling
and there can be no substantial changes to the exterior that would alter the
residential character of the property.
d. Meals served on the premises shall be only for overnight guest of the facility.
e. No cooking facilities shall be established in individual rooms.
f. The lot must have a minimum area of 30,000 square feet.
g. One parking space for each bedroom and 2 for employees must be provided.
h. Buffering is required to screen parking areas for more than two spaces and the
location of solid waste container(s) from adjacent residential uses.
30
60
10/16/2006
TABLE OF USES
Use
l<\ccessory Apartment SR SR SR SR SR SR
Accessory Structure/Use P P P P P P P P P P P P
Adult uses' S
Advertising agency p
Airport (private) S . S S S
Airport (public) S S S S
Ambulance service/rescue squad (EMS) P P P P P P P P P P P P
Amusement park S
Animal hospital/veterinarian clinic p
Antique shops SR p
Apparel and footwear (sales) p
Appliances (sales) p
Appliances (service, and repair) SR p P
Aauarium S
Arcades p SR
Architect companies p
Art galleries p
Art supplies p
Arts and graphics" services p
Asphalt products manufacturing S p P
Auction house SR P SR
Auto, truck, and motorcycle sales SR p
Auto-detailing SR p SR
Automatic teller machine p p p p
Automobiles manufacturing p
Automotive supplies p p
Bait and tackle sales p p
Bakeries p p
Banks and financa companies p p
Barber and beauty shops SR p P
Baseball hitting ranges SR p P
Bed and Breakfast P S S S S S S S p P
Bedding and carpet manufacturing p p
Bicycle repair shops SR P P
Bicycle sales and service SR p P
Billiard or POOl halls SR p SR
Blacksmith ~perations SR p P
Blueprints and drafting supplies p
Boat (repairs, sales, and service) SR p SR
Boat (marina) S S
Boat works manufacturing p
Bona fide fanns (ten acres or more) P P P P P P P P P P P P P
Book and stationary stores p p
BotDing plants p p
Bowling alley p
Brick. tile, and pottery yards (sales / service) p
Building cleaning and maintenance services SR p P
. See Onslow County Code 8-201 et.seq. for Information regarding Adult Businesses and Sexually Oriented businesses. All requirements and limitations
regarding the location of Adult Businesses and Sexually Oriented Businesses as stated in Onslow County Ordinance 8-210 et.seq. are hereby incorporated by
reference into this ordinance. The County retains the right to enforce Code 8-201 et. seq. at its sole discretion under its police powers without reference to this
Zoning Ordinance.
P - Permitted Use
S - Special Use
SR - Special Requirements
SC - Special Use by Board of Commissioners Table ofUses
61
Sep. 5. 2007 2: 59PM CARTERET CO PLANNING DEPT No.4912 P. 1
Carteret County
Department of
Planning and Development
Main OffICe: Westsm Office:
COurthouse Square 701 C8dar Point Blvd.
Seaufoft, He 28518-1898 Cedar Point, NC 28584-8013
Katrlna F. M8IShaIl, AICP Tel: (252) 728-849701' 128-8545 Tel: (252) 393-3204
Director Fax: (252) 728-8643 Fax: (252) 393-3205
FAX COVER SHEET
DATE: September 5, 2JX)7
TO: David Ward
FAX #: 910-395-2756
FROM: Tonya JackII, Code Enforcement 0fIicer
N.UMSER OF PAGES (includng this page): :1.
MESSAGE:
Following is a copy of ow Pennilted & Special Use Table.
If you have arFI questions, please feel free to give me a call.
Thank you.
62
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FRIl'I : PL~I t-l1 FAX /-D. :2526362146 Sep. 06 2006 11 :t4AM P1
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Department of Planning & Inspections
248 Craven Street - PO Box 1129
New &em, NC 28560
252-639- 7581
252-636.2146 Fax
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AND CONFIDENTIAl., IF YOU ARE NOT 11 IE INTENDED RECIPIENT, YOU ARE HEREBY NOTlI'leD THAT ANY D!SSEMINATION OF
TI11S COMMUNICATION IS STRICTLY I"ROHIIlITED. IF you HAve ftECEMiO THIS C:OHMLINlCA TlON IN ERkOR, PLEASE NOTIFY
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f'R(J'1 :PLANNING FAX NO. : 2526362146 5ep. 06 211106 11 :14AM P2
I CIty of New Ben\ North carolina
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Supp. No. 19 CDA:68
71
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72
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
Regular Item #: 3.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Text Amendment (A-3G8, 12/07) - Request by Grasmico, Inc. to Amend Section 53.5 Planned Development Districts
to Add a New Section 53.5-2(7)(0) Allowing More Flexible Standards for Planned Developments Which Include a
Continuing Care Retirement Facility
BRIEF SUMMARY:
After lengthy discussion and agreement by the petitioner, by a vote of 6-0, the Planning Board recommends the attached
amendment. No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION REQUIRED:
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 text amendment as presented herein is (or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow for limited relaxation of thoroughfare requirements
and height limits for planned development districts which include a significant continuing care
component as part of the master plan.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
@ill
A-368-12-07 TEXT AMENDMENT -see 53 PO.doe
73
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved Planning Board recommendation 5-0.
74
CASE: A-368 Applicant: Shanklin & Nichols, P A
REQUEST: Text Amendment - Section 53.5 Planned Development District,
53.5-2(7)
PLANNING BOARD ACTION:
After lengthy discussion and agreement by the petitioner, by a vote of 6-0, the Planning
Board recommends the following amendment. No one from the public spoke on this item.
ADD to Section 53.5-2(7)
Section 53.5-2(7)(0). Recognizing the County's need for adequate housing: for the
elderly population as stated in the 2006 CAMA Plan Update, the following district
regulations shall apply in instances where at least twenty-five percent (25%) of the PD
district maximum number of units are included in a Continuing Care Retirement Facility
as described and regulated under NCGS 58 Article 64:
a. The maximum height for a continuing care retirement facility building
shall be up to 55 feet.
b. The thoroughfare requirements in Section 53.5-2(7)(N) and Section 69.9
may be satisfied if a traffic study supports a finding by the Board of
County Commissioners that the roadway providing access for the
proposed PD development to and from an existing maior or minor arterial
will operate at an acceptable level of service (LOS), and will not cause the
LOS to drop below Level C.
PETITIONER REQUESTED:
Amend Section 53.5: Planned Development (PD) District to add new subsection 53.5-2(7)(0),
as follows:
Section 53.5-2(7)(0). Recognizing the County's need for adequate housing for
the elderly population as stated in the 2006 CAMA Plan Update, the following district
regulations shall apply in instances where at least twenty-five percent (25%) of the PD
district population will reside in a Continuing Care Retirement Facility as defined in
Article 64 of Chapter 58.of the North Carolina General Statutes:
a. The maximum building height for a continuing care retirement facility
building shall be fifty-five (55) feet; ,
b. The Thoroughfares Requirements in Section 53.5-2(7)(N) and Section 69.9
may be satisfied if a traffic study supports a finding by the Board of County
Commissioners that the roadway providing access for the proposed PD
development to and from an existing major or minor arterial will operate at an
acceptable level of service.
STAFF RECOMMENDATION:
Issues relating to aging in place have been growing as "baby boomers" begin to
reach retirement age. The county ordinance does not adequately address these issues at
this time. This amendment seems reasonable as a controlled accommodation for
12/21/2007 A-368
75
potential projects relating to the broad concept of aging in place and continuum of care in
a planned development district. Staff recommends approval of the Planning Board's
recommended language.
ACTION REQUIRED:
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 text amendment as presented herein
is (or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006
land use plan;
2. Reasonable and in the public interest to allow for limited relaxation of
thoroughfare requirements and height limits for planned development districts
which include a significant continuing care component as part of the master plan.
12/21/2007 A-368
76
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
7:25 p.m. 1. Non-Agenda Items (limit three minutes)
7:30 p.m. 2. Approval of Minutes 79
7:35 p.m. 3. Consideration of Proposed Subdivision of Morris Boswell Tract (R07907 -001- 81
001-000) by Don Sasser and Staff Recommendation on Utility Sewer Service
77
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78
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01107/08
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 Regular Session of the Water and Sewer District held on December 17, 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 5-0.
79