Agenda 2008 02-04
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
February 4, 2008 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION (Atwell Brookshire, New Hanover County Sheriffs Office Chaplain)
PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, JI.)
APPROV AL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. l. Consideration of Human Relations Proclamation 39
5:45 p.m. 2. Consideration of a Resolution in Support of a Grant Application for the 41
Seabreeze Access Project
5:50 p.m. 3. Consideration of a Resolution Encouraging the Development of a Collector Street 43
Plan for Areas in Southern New Hanover County
5:55 p.m. 4. Adoption of Capital Project Ordinance to Establish the Southeastern Center for 45
Mental Health Administration Building and the New Hanover County Health
Department Facility and Ordinance for Budget Amendment 2008-82
6:10 p.m. 5. Determination of Assessment Cost for Mason Inlet Relocation & Maintenance 49
6:25 p.m. 6.1 Public Hearing 53
Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine
Ridge, LLC to Rezone Approximately 1.39 Acres Located in the 8200 Block of
Market Street Behind Porters Neck Center in the Transition Land Classification
from R -15 Residential to B-1 Neighborhood Business District
6:45 p.m. 6.2 Public Hearing 63
Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for
James & Melissa Vass to Conditionally Rezone 2.96 Acres Located South of and
Adjacent to 2010 Capital Drive in the Transition Land Classification from AR
Airport Residential and R-15 Residential to CD(I-I) Light Industrial Conditional
District to Allow for Boat Storage
7:05 p.m. 6.3 Public Hearing 77
Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a
Special Use Permit to Place a Child Daycare Facility for up to 60 Children on the
Property of Trinity Independent Freewill Baptist Church in an R-15 Residential
Zoning District at 440 Horn Road in the Urban Land Classification
1
7:25 p.m. 7. NOTE: This item has been withdrawn until February 18,2008. 89
Consideration of Text Amendment to New Hanover County Stormwater
Ordinance
7:40 p.m. 8. Meeting of the Water and Sewer District 97
7:50 p.m. 9. Non-Agenda Items (limit three minutes)
7:55 p.m. 10. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:05 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
7:40 p.m. l. Non-Agenda Items (limit three minutes)
7:45 p.m. 2. Approval of Minutes 99
This page intentionally left blank.
4
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
l. Approval of Minutes 7
2. Ratification of Grant Application to Cape Fear Memorial Foundation to Support the 9
Department of Aging's Prescription Drug Assistance Program
3. Second Reading: Approval of Franchise Award 13
4. Approval of Renewal of Contract with Marlowe and Company 25
5. Approval of Renewal of Child Support Contract with Y oungWilliams 31
6. Adoption of Ordinance for Budget Amendment 2008-81, Mason Inlet Capital 35
Project
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
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 January 16, 2008
Agenda Review meeting held on January 17, 2008
Regular Session meeting held on January 22, 2008
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
7
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8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Consent Item #: 2 Estimated Time: Page Number:
Department: Aging Presenter: Annette Crumpton
Contact: Annette Crumpton
SUBJECT:
Ratification of Grant Application to Cape Fear Memorial Foundation to Support the Department of Aging's
Prescription Drug Assistance Program
BRIEF SUMMARY:
The Department of Aging learned of a grant possibility with Cape Fear Memorial Foundation (CFMF) in early January 2008.
The grant deadline was January 15, 2008.
After consultation with the Manager's office, the Department of Aging submitted a proposal to CFMF in the amount of $7,800
to support the existing Prescription Drug Assistance Program through December 2008. The Prescription Drug Assistance
Program helps seniors with Medicare Part D enrollment/questions. Grant monies will be used to cover salary of one part-
time temporary staff person (existing position) through 12/31/2008.
The CFMF grant proposal was submitted with notation that signature pages would be forwarded once the proposal received
approval from County Commissioners. There is no County match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend Commissioners ratify the grant application to Cape Fear Memorial Foundation and approve receipt of the funds
if the grant is awarded. If awarded, a budget amendment will be submitted to the Board of County Commissioners for
approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
The entire grant application is available for review in the County Manager's office.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
9
NEW HANOVER COUNTY
DEPARTMENT OF AGING
2222 SOUTH COLLEGE ROAD
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE (9/0) 452-6400 Fax (9/0) 452-64/ /
Director
January 11, 2008
Mr. Garry Garris
President, Cape Fear Memorial Foundation
2508 Independence Blvd., Suite 200
Wilmington, NC 28412
Dear Mr. Garris:
The New Hanover County Department of Aging wishes to make an application to the
Cape Fear Memorial Foundation for funds to support a Prescription Drug Assistance
Program.
This program is a resource for area seniors to receive information and guidance on the
complex Medicare Prescription drug plans and to receive assistance finding low and/or
no cost prescription medications from pharmaceutical companies. Grant monies will be
used to support one staff person 10-12 hours per week and cover minimal operational
costs.
The grant application deadline falls just prior to the next New Hanover County Board of
Commissioners meeting scheduled for February 4, 2008. The fully completed signature
page will be forwarded to the Foundation at that time.
On behalf of the seniors in our community, I ask for consideration of this request.
Sincerely,
a~ ~~
Annette Crumpton, Director
Department of Aging
910-798-6410
Attachment
Completed Grant Application Form
10
I PART Ill: FINANCIAL INFORMATION ]
1. Amount requested from Cape Fear Memorial Foundation.
(if multi-year funding is requested, also specifY how you wish this to be paid per year.)
$7,800
2. Develop a complete project/program budget; including expenses and income, for the period you are
requesting funds. Also, please attach a copy of your most recent (a) 990 and (b) audit or financial
..tatement with this application.
Project Budget: From January 2008 To December 2008
6,600
500
Mileage 200
Printing 300
Postage 200
New Hanover County Dept of Aging provides
office space, technology support, telephone
and office supplies.
Total Ex enses: $ 7,800 Total Income: $ None
CAPE FEAR rviEMORIAL FOlJNDATION Page 5 nf9
11
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12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Consent Item #: 3 Estimated Time: Page Number:
Department: County Attorney Presenters: Kemp Burpeau, Deputy County Attorney
and John Hubbard, Environmental Management Director
Contacts: Kemp Burpeau, Deputy County Attorney
and John Hubbard, Environmental Management Director
SUBJECT:
Second Reading: Approval of Franchise Award
BRIEF SUMMARY:
Section 44-55 of the County Code requires that entities collecting solid waste for compensation obtain a franchise. Waste
Hauling Services, 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. The item was approved unanimously on January 22, 2008. This is the required second
reading of the item.
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: NIA BUDGET: NIA HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
13
_f
WasteHaUling
SERVICES
418 Hermitage Road
Castle Hayne, NC 28429
Phone: 910-602-6005
Fax: 910-602-6006
ww\v. wastehauling.biz
January 4, 2008
New Hanover County
Mr. Kemp Burpeau, Esq.
Deputy County Attorney
230 Government Center Drive
Suite 125
Wilmington, NC 28403
Re: Franchise required for solid waste collection
Dear Mr. Burpeau:
As per our discussions and correspondence, Waste Hauling Services, LLC is seeking a
Franchise from the County of New Hanover for solid waste collection and hereby makes
a request for Board Action on January 21, 2008.
Pursuant to Sec. 44-55(c) of the County code, I have listed below and enclosed herewith,
the docwnents required for the solid waste collection Franchise.
1. The name and address of the applicant is as follows:
WASTE HAULING SERVICES, LLC
418 Hermitage Road
Castle Hayne, NC 28429
Applicant is a North Carolina Limited Liability Company. The three Member-Managers,
having equal ownership percentages in the LLC, are as follows:
14
- Page 2 -
Letter to Mr. Kemp Burpeau, Esq.
January 4, 2008
Patrick Ballantine 33.33%
6109 Old Branch Road
Wilmington, NC 28409
Russ Britton 33.33%
6305 Shinn Creek Lane
Wilmington, NC 28405
Jeff Milliken 33.33%
5701 Simmons Road NW
Ash, NC 28420
2. The list of "equipment possessed" or "to be obtained within 18 months by the
applicant" is as follows:
. Trucks: one front-loader truck, one delivery truck, one roll-off truck
. Commercial Cans: 24 dumpsters (8 yd, 6 yd and 4 yd) and 17 containers (30 yd)
are on hand and applicant plans to obtain dozens more
3. The number of employees expected within 18 months is ten (10).
4. The experience of the applicant in solid waste collection is significant. Our
Operations Manager joined us after serving as the Solid Waste Manager/Safety
Manager for the City of Wilmington. He has over 15 years experience in the
industry, a CDL Class A driver's license, with a Tanker Endorsement to operate
any and all of our vehicles, a SW ANA Certificate - Transfer Station Specialist
training, and is a Volvo Certified Front end loader. We also are using a retired
driver from a major company who has 25 years experience. We have an employee
who managed the recycling program for a large company in the State of
California and was the sales manager in North Carolina, east of Raleigh. We
share space with our sister company, Eco Express, in our Castle Hayne and
Myrtle Beach offices and have an offer to purchase additional acreage in Castle
Hayne. Currently, Waste Hauling Services, LLC plans to provide services for the
collection and recycling of non-hazardous waste only to commercial customers,
and not offer residential curb side services.
5. The financial statement prepared by a certified public accountant is attached.
--~._....._-
15
- Page 3 -
Letter to Mr. Kemp Burpeau, Esq.
January 4, 2008
Pursuant to Sec. 44-550), applicant has also attached a certificate of insurance showing
the General Liability Policy with $2,000,000 coverage, and the requisite "hold harmless
clause" indemnifying the County against claims.
Kemp, thank you again for your excellent assistance.
We look forward to being on the Consent Agenda for January 21, 2008. If your office,
the County Manager, or the Board of Commissioners would like additional information,
please do not hesitate to contact me by email (pbaHantine@ec.rr.com) or mobile phone
(910-232-6019).
With kindest regar~s
;;Z '.
Patrick J. Ballantine
Member-Manager,
Waste Hauling Services, LLC
-------.-
16
----- Henderson, Foltz, Stafford & Co., P A
5025 A Wrightsvi1le Avenue
Wilmington, NC 28403
To the Board of Directors
Waste Hauling Services, LLC
418 Hermitage
Castle Hayne, NC 28429
We have compiled the accompanying statement of assets, liabilities, and equity-income tax basis of
Waste Hauling Services, LLC, as of December 31, 2007, and the related statement of revenues and
expenses - income tax basis since the company's inception and for the period then ended, in accordance
with statements on standards for Accounting and Review Services issued by the American Institute of
Certified Public Accountants. The financial statements have been prepared on the accounting basis used
by the Company for income tax purposes, which is a comprehensive basis of accounting other than
generally accepted accounting principles.
A compilation is limited to presenting in the form of financial statements information that is the
representation of management. We have not audited or reviewed the accompanying financial statements
and, accordingly, do not express an opinion or any other form of assurance on them.
Management has elected to omit substantially all of the disclosures and the statement of retained
earnings ordinarily included in financial statements prepared on the income tax basis of accounting. If
the omitted disclosures and statements were included in the financial statements, they might influence
the user's conclusions about the Company's assets, liabilities, equity, revenues, and expenses.
Accordingly, these financial statements are not designed for those who are not informed about such
matters.
We are not independent with respect to Waste Hauling Services, LLC
Respectfully submitted,
Henderson, Foltz, Stafford & Co., PA
January 7, 2008
17
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ACORD... CERTIFICATE OF LIABILITY INSURANCE I. DATE lMMIDllr(nTl
01/04/08
P1\QlIIICER THIS CERllFlCATE IS ISSUED AS A MATTER OF INFORMATION
CITY I1fS NJCY ONLY AND CONFERS NO RIGHTS UPON THe CER11FICAl'E
HOLDeR. THIS CERTIACATE DOES NOT AMEND, EXTEND OR
Z27 WEST BROAD S'l'IlEET . ALTEFI THE COVERAaE AFFOROEO.BY ruE POLICIES BELOW.
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I1lUllIT l>AtILS I'll: 24384 INSURERS AFFORDING COVERAGE NAlCI#
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418 IlERMInC& RD INIillREAC:
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CASTLE HAYNE NC 2.'29 1NliURl!!I D:
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COVERAGES
THE POUClES OF INSUIWICE LISTED BELOW HAVE BEEN ISSUED TO ThlE INSURED NAMED AIlOVI; fOfl THE POUCY PERIOD INDlCA11;D. NOlWlTHSTANOING
ANY REOUIAEMI;NT. TERM Of! CONOrrICN OF ANY CONT1lACT OR OTHER DOCUMENT WlTI1 RESPECT TO WHICH THIS CERTIFICATE MAY IIJ; ISSUED OR
MAY PERTAIN. THE INSURANCE "FFOROEO OT THe I'Ol.IClES DESCAIBED HEREIN IS SUBJECT TO AU. 'THE TERMS, EXCLUSIONS AND CONDITIONS OF SOCH
POLICIES. MiGREGATE l;IMm;SHOWN MAY HAVE BEEN REDUCED BY PAIOCl.AlMS.
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CER'I'IFI~ HOLDER IS LISTED AS ADDITIONAL INSURED WITH A WAIVER OF
SOBRO~ION FORMS CC2010 (7/04) & CG2404 (10/93)
CERTlPlCATE HOLDER CANCl:LLATlON
County of New B:anover _ULD....YQF"ltlliAIIllYl:OlSCIlIDalIOUCII!S __LLED BI!RJRC'IlClD"""'l1ON
230 Government Drive DATI: 'IIlI!lIIlDF, 'lItE AI3lllNClINSURI!~ WILL DlllEAVOII TO....II. ...1.Q.. DAYS WIIrl'rEN
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18
E N VIR 0 H MEN TAL, I N C
J3q~Kto_Equi.PrneJ)tloyeJ)toJYQy.emew
Roll-off Container Truck with Cable Hoist on Peterbilt Chassis
ModelTvpe Roll-off Front Axle 18000
Year 2007 Rear Axle 44000
Make I Model Peterbilt T 335 Rear Capacity 44000
Engine Makel Cummins ISC BodV Capacity
Model
Horsepower 315 BodV Model Galbreath U5-0R-
174
Transmission 8 LL GVW 60000
Make I Model
Price Call for pricing
2007 Peterbilt T335, with Galbreath U5-0R-174 cable hoist; includes
Description air brakes, exhaust brake, AC, AM/FM, air driver seat, steel fender,
tool box, Pioneer tarp system
Contact Sales I Call Stuart Simmons at 800-654-1752
J3q(:k.to_EquipfDent. Iover1toJ'~ P-,'erview
HOME I COMPANY HISTORY I PRODUCT LINES I PARTS AND REPAIR I INVENTORY I CONTACT US
Copyright@2007.Nu-Life Environmental Inc., 4821 Calhoun Memorial Hwy.. Easley SC 29640. Phone 800 6541752
Strategic Web Development and Maintennace by WSi Anderson, SC
http://nulifeenv.com/servicedet.asp?id=46&p=5 1/4/2008
19
... Half/Pacj(@
7"L~<.~ Front Loader - 28 yd. Eject
Ready Truck Standard Equipment Features
. 12 yd' Hopper & In-Cab Filter Bypass Monitor
. Heavy Duty Sliding Top Door . 140 Micron Suction Line Strainer
. Hinged left Side Body Access Door with Step & Grab . Fabric Guard Hose Protection for all High
. Inverted Cab Shield with Hinged Rubber Tip Extension Pressure Hoses
- Steel . PlC Controlled System with AutoPack
. Front Head Closure Screen . Joystick In-Cab Air Controls
. Access ladder to Top of Body . Complete Array of In-Cab Function Indicator Lights
. Body Service Props for Dump or Service Hoist Models . Arm Rest for Operator Controls
. Tailgate Service Props . Backup Alarm
. Fully Automatic Shur-lock Tailgate latches . Backup and license Plate light
. Clamp-On Arms . Center Mounted Brake light
.8,000 Pound Capacity Arms - WASTEC WRP 06-1996 . Duplicate High and low Mount Stop, Turn,
. Four Arm Shaft Bearing Supports and Taillights
. Fork Cross Shaft Rubber Bumpers . Mid-Body Turn Signals
. Bolt-On Rubber Arm Stops . Rear Mud Flaps - anti-sail/ anti-splash
. Heavy Duty Forks - 1 1/2" thick x 51" length . Rear Underride Guard
. Front Mount live Pump System with . FMVSS #108 Clearance lights & Reflectors
Hydraulic Overspeed Control . ICC Reflective Tape
. Chrome Plated Cylinder Rods & Telescopic Sleeves . Rear Camera Bracket and Flood lights
. Cross Packing Cylinders _ reverse activated
. Chassis Frame Mounted Oil Tank with level I . Customer's Choice of One Color Finish Paint
Temperature Gauge & Suction . One Year Warranty
Shut-OffValve . ANSI Z 245.1-1999 Compliant
. Throttle Stop . Full Factory Mount
. Hopper Work light Kit
. Strobe light - Amber
. 5 Micron Return line Filter with Magnetic Trap
20
. ~ontainer Carriers by K-PAC Iron Man Series Page 1 of2
l'~,II.C
;jj;;-".:,;.,:.:;" - IHt:JItIe AboutUsCH$/rlct~rs
Container tamers I Compactors I Roll-Off Hoists I HookJift Hoists I Plaff,tam Dealer
KeC~.LQ'~R.~..--~
~~ft:~-'4!&: 1~~t;'21*,,*~\"~NtS~, JJt ~~g,,;::-<cm ;W;\f~'_':ht&!,-tr
Descriptions and Photos
Illustrations and Features
The KPAC Container (KPCC) can meet all your container delivery, switching and now dumping with the
optional 3600 rotator attachment. Move front-load, rear-load and side-load containers.
3600 rotator attachment makes this
unit a versatile addition to every fleet
for those special and recycling needs.
Container lift forks are made
of heat treated 4150 steel
that easily fold out ofthe way
so the unit is as versatile as
a service truck.
21
Open-top Containers tor Hook LItt and Koll-ott Cable HOlst rage 1 Ul L
E N V I R 0 H M E H TAL. I N C
Open-top Roll-Off Container
Nu-Life Environmental's line of Mini Open-Top
Containers are custom designed and fabricated to
meet your specific needs.
These containers range in size from 10' to 21'
lengths with the cubic yardage determined by side
height, and can be configured for use with a
hooklift, cable roll-off hoist, or both:
Nu-Life Overall Overall Overall Inside Inside Inside Capacity
Model # Length Heigth Width Length Height Width Cubic Yards
R2242NL 22' 52" 96. 258" 42" 88" 20.1
R2260NL 22' 70" 96" 258" 62" 88" 29.9
R2284NL 22 94" 96" 258" 84" 88" 40.6
Standard Features are:
. 2"x 6"x 3/16" Tubing Long Sills with Solid Bullnose
. 3"x 3.5 Ib/ft Cross Members on 16" Centers
. 10 gauge Steel Floor
. 3"x 6.x 12 Gauge Side Posts on 30" Centers
. "12 Gauge Steel Sides, Front Sheet, and Rear Skin
. 3"x 4"x llGauge Tubing Top Rail
. eam-Style Tailgate Latch
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. 8" Diameter x 16"long Rear Ground Rollers
. One (1) Front Hook-Up
. Primed and painted in any standard color
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W J-\.C') U::'''..lUlr - f'lanOnauy 1'J1own lOr rersonm ~ervlce ragt: 1 Ul 1
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FRONT LOAD
.-- 'j
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\ ;' LEASING?
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:::. (lfCKfO~ OITIJ(S information, (i here
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"'1ain I What's. New I Facilities I Leasing/FInancing ! Company I Contact
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24
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Consent Item #: 4 Estimated Time: Page Number:
Department: County Manager Presenter: Dave Weaver, Assistant County Manager
Contact: Dave Weaver
SUBJECT:
Approval of Renewal of Contract with Marlowe & Company
BRIEF SUMMARY:
The attached draft contract with Marlowe & Company is a renewal of the existing contract by which Marlowe provides
services to represent New Hanover County and its Beach Towns in Washington, D.C. The services primarily concern the
obtaining of Federal funding for beach nourishment and inlet/waterway maintenance. The contract is funded through the
beach nourishment portion of the Room Occupancy Tax. Steve Dye with Howard Marlowe gave an update on their activities
at the Board's January 22 meeting.
The requested funding is for $4,000/month with the contract to end June 30, 2009. The current contract has been for
$3,600/month.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board approve the contract.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Sufficient funds are available in the beach nourishment portion of the Room Occupancy Tax, account #
21008500-790380.
ATTACHMENTS:
draft contract
REVIEWED BY:
LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: NIA
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
25
.
MARLOWE & COMPANY
Government Affairs Consultants
Washington. DC
I December 21. 2007. __ __ __ __ _ __ _ __ __ _ __ __ _ __ _ _ - .{ Deleted: Decembe, 5, 2007 )
The Honorable William A. Caster
Chairman
New Hanover County Board of Commissioners
320 Chestnut Street, Room 305
Wilmington, NC 28401
Mr. Bruce Shell
County Manager, New Hanover County
320 Chestnut Street, #502
Wilmington, NC 28401
Dear Chairman Caster and Mr. Shell:
Thank you very much for the opportunity to represent New Hanover County in
Washington, D.C. during the past year. We have greatly appreciated working on the
County's behalf with the federal government on issues related to your beaches and other
matters. This letter reviews our accomplishments for the County over the past year and
also serves as a proposal to continue our work for the coming year.
We began 2007 by working with your congressional delegation to request funding
for the beach renourishment project in Wrightsville Beach and the Westside Water
Project. The County requested $300,000 for the Wrightsville Beach project to investigate
a sand source in advance of the next renourishment in 2010, and $1 million for project
costs for a regional water system in New Hanover and Pender Counties.
The Westside Water Project request was made in the FY'08 State and Tribal
Assistance Grant (STAG) account as part of the Environmental Protection Agencies
budget. Unfortunately the House and Senate Appropriations Committee failed to include
an earmark for the project in the bill. In past years this account has been a very reliable
source of funding for water projects, but due to the recent earmarking concerns in
Congress and conflicting budget priorities the House and Senate Appropriations
Committee severely cut back on STAG earmarks. In fact, the entire delegation for North
1667 K Street, NW. Suite 480. Washington, DC 20006 . (202) 775-1796. Fax (202) 775-0214
e-mail: marlowe@marloweco,com . www.marloweco.com
A Limited Liability Company
26
Carolina received only one STAG earmark this year, when in past years just about every
member of the delegation would have received a STAG earmark.
For 2008, Marlowe & Company will continue to assist the County with the
development of the Route 421 Corridor. It has been our experience that regional
economic development projects similar to this one usually receive strong support from
Congress and federal agencies. The County's efforts to partner with Pender County and
other stakeholders will improve your chances to receive a congressional earmark or a
federal grant. In the next several weeks, we will work with you and the County's staff to
determine if in 2008 the County will request a STAG earmark again or if we should
identify another source of funding. There are other earmarked and grant programs
through the Department of Housing and Urban Development, Department of Commerce,
and Department of Agriculture that may be worth pursuing instead.
Although Congress has made a long-term commitment to support beach
protection projects, President Bush continues to exclude funding requests in his annual
budget for almost all beach and shore protection projects, which leaves it to Congress to
add them to the appropriations bill. The House bill contained no funds for the
Wrightsville Beach project, but the Senate bill included the needed $300,000 for the
project.
Congress and the President are behind on completing the appropriations bills. We
expect the Energy and Water Development Appropriations bill to be one of the last
completed, probably in late December. We are continuing to work with your
congressional delegation to include the $300,000 in the final bill. In addition, once the
appropriations bill is enacted into law, we will be working with the Wilmington District
of the Corps of Engineers to assure that the sand survey begins as soon as possible.
In 2008 New Hanover County will need to take the initiative on getting plans and
specifications funding in FY'09 in advance of the 2010 Wrightsville Beach, Carolina
Beach, and Kure Beach renourishment. Since the President continues to not request
funding for beach renourishment projects, it will be necessary in 2008 for the County to
request from Congress the Corps' FY'09 capability estimate for this work. That estimate
is not yet available, but, as in years past, once we get it we will work with you and your
staff to submit the County's request to Congress.
The 50 year project agreement with the Corps to provide storm protection for
Carolina Beach will expire in 2014, which will be the first agreement in the nation to
expIre. Over the last several months, Marlowe & Company has been working with
Congress and the Corps to formulate a process to extend the period for federal fiscal
participation in beach nourishment projects. Based on those discussions, we recommend
that Carolina Beach begin a feasibility study under Section 216 of the 1970 Flood Control
Act. Marlowe & Company will work with the Corps Wilmington District to determine
the necessary funding amount to begin the study. We will then act on the County's
behalf to build congressional support for the reauthorization of the Carolina Beach
2
27
project under Section 216 and get the necessary funding in the FY'09 Energy and Water
Development Appropriations bill for the study to begin.
Finally, through our work on behalf of another client, the North Carolina Beach,
Inlet, and Waterway Association, Marlowe & Company has been successful in obtaining
funding for the Carolina Beach Inlet dredging project. The FY '08 Senate Energy and
Water Development Appropriations bill includes $600,000 and the House Energy and
Water Development Appropriations bill includes $1.23 million. While the fmal
appropriations bill has yet to be passed by Congress, the project will likely receive
funding between the House and Senate amounts.
We propose an agreement between the County of New Hanover and Marlowe &
Company beginning January 1, 2008 and ending June 30, 2009. This change in the
length of our contract will put the contract on schedule with New Hanover County's
budgetary fiscal year. We will provide lobbying and other government affairs consulting
services to the County related to the projects that are under the jurisdiction of the Army
Corps of Engineers and water infrastructure development along the Route 421 Corridor.
We propose a modest fee increase to $48,000 annually. This increase incorporates the
current $350 per month expense line item as well as an increase in our operating costs.
There is no charge for any administrative support work done by other members of our
staff. As in the past, we will invoice the County monthly and provide monthly written
updates on our activities.
Once again, thank you very much for the opportunity to represent the County of
New Hanover. We have been proud to represent you and hope to continue our
relationship.
Respectfully,
Howard Marlowe
President
cc: Dave Weaver
3
28
Services Agreement
This agreement, made on , 2007, shall be the complete and binding
agreement between The County of New Hanover, North Carolina (County) and Marlowe
& Company, a government affairs consulting and lobbying finn located at 1667 K Street
NW in Washington, D.C.
Background
The County, for the purpose of retaining professional assistance in investigating and
exploring federal funding opportunities, has requested the services of Marlowe &
Company. The County and Marlowe & Company wish to set forth herein the terms and
conditions under which the services shall be rendered by Marlowe & Company. In
consideration of the foregoing end of the mutual agreements set forth below, the parties
agree as follows:
Terms
1. The County will pay Marlowe & Company's $4,000 a month for each of the
months in calendar year 2008 for services performed by Marlowe & Company to
secure funding for the federal shore protection projects and the water
infrastructure construction along Route 421.
2. The fee and services described in Paragraph # 1 includes up to two visits by
Marlowe & Company staff to the County, but does not include payment for the
time and expense of any additional out-of-town travel Marlowe & Company may
incur at the request of the County.
3. The services described in Paragraph # I, above, shall be performed at the direction
and to the satisfaction of the County.
4. Marlowe & Company shall account each month to the County for the time it has
spent in performance of the services described in Paragraph #1 and shall maintain
continual contact with a representative of the County by telephone, fax, mail,
and/or e-mail to inform said representative of developments regarding the Project
and respond to said representatives comments and questions in a prompt and
appropriate manner.
5. Either party may terminate this contract without cause on thirty (30) days' written
notice.
This Agreement contains the entire agreement and understanding of the County and
Marlowe & Company with respect to the matters covered herein, and may only be
modified by written instrument signed by both parties.
4
29
.
.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused
this Agreement to be executed on the day and year written above.
For Marlowe & Company:
Name: Howard Marlowe
Title: President
Name: Steve Dye
Witness
For the County of New Hanover, North Carolina:
Name:
Title:
Name:
Witness
5
30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Consent Item #: 5 Estimated Time: Page Number:
Department: DSS Presenter: LaVaughn Nesmith
Contact: LaVaughn Nesmith
SUBJECT:
Approval of Renewal of Child Support Contract with YoungWilliams
BRIEF SUMMARY:
New Hanover County has contracted for the operation of the Child Support Enforcement Program with private vendors since
1998. YoungWilliams began managing the New Hanover County child support program in January 2005 and was awarded
a full contract with the County in July 2006. Total collections have gone from $11,089,255 in 2005 to $12,445,290 in 2007, a
12% increase, during that time period.
New Hanover County ranks 18th out of 88 counties in the State's 9-Factor Ranking System which identifies the 9 crucial
factors in managing a successful child support enforcement program. Since YoungWilliams started managing our program,
we have never been ranked lower than 23rd.
An explanation of the meaning of the 9-Factor Ranking System is attached as well as a spreadsheet comparing New
Hanover County's program to counties of similar size, both county- or state-run programs, and those run by private
companies.
Based on the positive relationship with YoungWilliams, its contributions to the community, and its success at managing the
program, the DSS Director recommended to the Board of Social Services at its January 8, 2008 meeting that the
YoungWilliams contract be renewed. A motion carried to recommend renewal of the YoungWilliams contract.
The contract period is July 1,2008 to June 30, 2009. It may be renewed for three additional one-year periods.
The cost of the contract is contingent on total collections and positive results related to the 9-Factor Ranking System. For
2007-2008, the budgeted cost to the County, which is based on a percent of collections, is projected to be $493,730.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request approval to start the negotiations process with YoungWilliams.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
- ".
.........
. .
Comparison of County. xis Explanation of 8 Factor Rankings.doc
31
REVIEWED BY:
LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
32
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Explanation of the 9-Factor Ranking Report:
There are only 88 counties in the 9-Factor Ranking system because several counties are
so small that they have been combined into one office and one staff.. .examples---Bertie
and Hartford counties are combined into one Ahoskie office and are listed on the 9-Factor
Ranking System as simply "Ahoskie". Cherokee, Graham, Macon and Swain have all
been combined under "Bryson City".
The State of North Carolina originally developed the 9-factor report for the counties as a
way to let them know how their program was doing with respect to the factors that the
State deemed as important. It was not intended to be punitive, but a means by which
counties could measure the success of their programs. The report is generated every
quarter. Some of the 9 factors are based on a cumulated total; others are based on a point
in time (the last day of the month). A county's ranking can change every quarter;
however, rankings may not be true representations of how the county is doing in relation
to its incentive goals.
The 9-Factor report compares counties with as few as 209 cases to counties with as many
as 33,632 cases. The State has tried to equalize the ranking, but there is some difficulty
in ensuring that all counties are compared equally to each other. New Hanover County
has stayed consistently in the top 25 counties (out of 88 counties). We have been as high
as 13th and as low as 23rd within the last 2 years. The September 2007 report listed us as
18th.
There are currently 5 counties that are run by a private contractor. New Hanover and
Beaufort are both run by Y oungWilliams; Onslow and Buncombe/Polk are run by Policy
Studies, Inc. (PSI) A 6th county, Lenoir, recently contracted withY oungWilliams to
provide management services. Lenoir county has risen from 77th place to 66th in 2
quarters with a Y oungWilliams program manager.
An attached Excel spreadsheet compares New Hanover to other counties with a similar
caseload size. Included are all of the programs run by private companies.
34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Consent Item #: 6 Estimated Time: Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Adoption of Ordinance for Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2008:
2008-81 - Mason Inlet Capital Project
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinance for the budget amendment listed in the summary above.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008.
ATTACHMENTS:
~
........
2W8-B.1 1-2}-HS.dQC
REVIEWED BY:
LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
35
AGENDA: February 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-81
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that
the following Budget Amendment 2008-81 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Mason Inlet Maintenance beginning October 2007
Department: Mason Inlet Capital Project
Revenue: Decrease Increase
Transfer in from Room Occupancy Tax Fund $127,230
Total $127,230
Exnenditure: Decrease Increase
Capital Project Expense $127,230
Total $127,230
Section 1: Details of Budget Amendment:
Fund: Room Occupancy Tax Fund
Department: Room Occupancy Tax
Revenue: Decrease Increase
Room Occupancy Tax Appropriated Fund Balance $127,230
Total $127,230
Exvenditure: Decrease Increase
Transfer to Capital Project - Fund 361 $127,230
Total $127,230
Section 2: Explanation
This budget amendment is to increase the Mason Inlet Maintenance beginning October 2007
budget for Contract Renewal for the Engineering and Surveying Services for Year 6. The contract
renewal was approved atthe November 19,2007, meeting. As of February 4, 2008, the Room
Occupancy Tax Appropriated Fund Balance is zero.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-81 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2008
(SEAL)
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
36
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. l. Consideration of Human Relations Proclamation 39
5:45 p.m. 2. Consideration of a Resolution in Support of a Grant Application for the 41
Seabreeze Access Project
5:50 p.m. 3. Consideration of a Resolution Encouraging the Development of a Collector Street 43
Plan for Areas in Southern New Hanover County
5:55 p.m. 4. Adoption of Capital Project Ordinance to Establish the Southeastern Center for 45
Mental Health Administration Building and the New Hanover County Health
Department Facility and Ordinance for Budget Amendment 2008-82
6:10 p.m. 5. Determination of Assessment Cost for Mason Inlet Relocation & Maintenance 49
6:25 p.m. 6.1 Public Hearing 53
Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine
Ridge, LLC to Rezone Approximately 1.39 Acres Located in the 8200 Block of
Market Street Behind Porters Neck Center in the Transition Land Classification
from R -15 Residential to B-1 Neighborhood Business District
6:45 p.m. 6.2 Public Hearing 63
Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for
James & Melissa Vass to Conditionally Rezone 2.96 Acres Located South of and
Adjacent to 2010 Capital Drive in the Transition Land Classification from AR
Airport Residential and R-15 Residential to CD(I-I) Light Industrial Conditional
District to Allow for Boat Storage
7:05 p.m. 6.3 Public Hearing 77
Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a
Special Use Permit to Place a Child Daycare Facility for up to 60 Children on the
Property of Trinity Independent Freewill Baptist Church in an R-15 Residential
Zoning District at 440 Horn Road in the Urban Land Classification
7:25 p.m. 7. Consideration of Text Amendment to New Hanover County Stormwater 89
Ordinance
7:40 p.m. 8. Meeting of the Water and Sewer District 97
7:50 p.m. 9. Non-Agenda Items (limit three minutes)
7:55 p.m. 10. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:05 p.m. ADJOURN
37
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38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 1 Estimated Time: Page Number:
Department: Human Relations Presentesr: Carl A. Byrd, Sr. andlor Lethia Hankins
Contact: Carl Byrd
Item Does Not Require Review
SUBJECT:
Consideration of Human Relations Month Proclamation
BRIEF SUMMARY:
The New Hanover County Commissioners are asked to issue a proclamation recognizing February 2008 as "Human
Relations Month."
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
2W8-H R M P RO .doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
39
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
HUMAN RELATIONS MONTH
PROCLAMATION
WHEREAS, the New Hanover Human Relations Commission, the Greater
Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring
Human Relations Month; and
WHEREAS, the theme for Human Relations Month is, "In Our Diversity, We Are
The Same! ~ and
WHEREAS, the Board of Commissioners encourages all citizens to respect and
work to establish equal rights for all persons regardless of race, color, sex, religion, age,
disability, or familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an every
day basis, we help to preserve, protect, and perpetuate the rights of each person to
freedom, liberty, and justice.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that February 2008 be recognized as "HUMAN RELA TIONS MONTH"
in New Hanover County and that all citizens are called upon to sincerely join forces in
creating and practicing a mutual bond of fellowship with all citizens and resolve to accept a
personal challenge to improve the status of all people through assurance of the basic
human rights of justice, freedom, and dignity.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
40
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contacts: Chris O'Keefe and Neal Lewis
SUBJECT:
Consideration of a Resolution in Support of a Grant Application for the Seabreeze Access Project
BRIEF SUMMARY:
In 2007 the NC General Assembly created the North Carolina Waterfront Access and Marine Industry (WAMI) fund to
acquire waterfront properties or develop facilities for the purposes of providing, improving andlor developing public and
commercial waterfront access. Funds have been made available to public entities that provide public access for water-
dependent recreational activities in North Carolina's coastal public trust areas. The New Hanover County Parks
Department, Planning Department, and County Management have identified parcels in the Seabreeze community of
southern New Hanover County as a potential site for public access, boat ramp and commercial fishing opportunities. Staff
has begun assembling a grant application to purchase up to 11 contiguous properties and fund construction of
improvements with a total estimated cost of $4,000,000. If awarded the grant could fund 100% of the cost of the acquisition
and development of the site. Once purchased the County would transfer ownership of the land to the Wildlife Resources
Commission. The County would operate and maintain the facility.
Deadline for submission of the application is February 15th. A resolution of support is attached for your consideration.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution authorizing staff to prepare and submit an application for the desired funds.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
seab!"eeze Resolution .doc
REVIEWED BY:
LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES: NIA
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
41
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN SUPPORT OF A NORTH CAROLINA WATERFRONT ACCESS AND MARINE
INDUSTRY (WAMI) FUND GRANT APPLICATION FOR NEW HANOVER COUNTY
SEABREEZE ACCESS PROJECT
WHEREAS, in accordance with its CAMA Land Use Plan and Master Plan for Parks
and Recreation, the County has a documented need for access to its unique coastal
environment; and
WHEREAS, the Board of Commissioners desires to improve access to its surface
waters for waterfront access, commercial fishing and water dependent recreational
activities; and
WHEREAS, the Board of Commissioners authorizes the submittal of a grant application
to the North Carolina Division of Marine Fisheries requesting funds in the amount of
approximately $4,000,000 to acquire land, design and develop the Seabreeze
Waterfront Access Project; and
WHEREAS, the County will transfer ownership of land to the Wildlife Resources
Commission upon acquisition; and
WHEREAS, the County will assume responsibility for the operation and maintenance of
the facility once construction is complete.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners authorizes staff to submit an application for funds to the Wildlife
Resources Commission Fisheries for a grant from the North Carolina Waterfront Access
and Marine Industry fund to purchase and develop a waterfront access site in the
Seabreeze area of New Hanover County.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
42
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 3 Estimated Time: Page Number:
Department: Planning Presenters: Chris O'Keefe, Mike Kozloski
Contact: Chris O'Keefe
SUBJECT:
Consideration of a Resolution Encouraging the Development of a Collector Street Plan for Areas in Southern New
Hanover County
BRIEF SUMMARY:
Since NCDOT's installation of a traffic island on Piner Road, interest in traffic in areas of the County south of Monkey
Junction has increased. The Wilmington Metropolitan Area Transportation Advisory Committee, at the request of the North
Carolina Department of Transportation, has resolved that the MPO and New Hanover County complete a collector street
plan for that area. The MPO has developed a draft map indicating potential collector street locations and together with
County Planning staff they would like to present this draft map to citizens and business owners at public meetings held in the
study area. The attached resolution describes the events that have resulted in this effort and asks for your support to allow
staff to begin this process to plan for increased traffic impacts to roads in southern New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt attached resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
resa for co!iector p!an.dQc
REVIEWED BY:
LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
43
RESOLUTION
OF THE
NEW HANVOER COUNTY BOARD OF COMMISSIONERS
ENCOURAGING THE DEVELOPMENT OF A COLLECTOR STREET PLAN
FOR AREAS IN SOUTHERN NEW HANOVER COUNTY
WHEREAS, New Hanover County is dedicated to promoting safe and efficient transportation choices; and
WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization provides transportation
planning services for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of
Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County, Brunswick
County, Pender County, Cape Fear Public Transportation Authority and the NC Board of Transportation;
and
WHEREAS, with the development that has occurred and is expected to continue in southern New
Hanover County, traffic congestion has become an important issue for citizens, businesses and visitors to
the region; and
WHEREAS, the North Carolina Department of Transportation installed a concrete monolithic island
approximately 1,100 feet in length from the intersection of College Road and Piner Road to restrict
access on Piner Road; and
WHEREAS, this transportation improvement has resulted in increased interest and concern for traffic and
transportation planning in the vicinity of Monkey Junction; and
WHEREAS, the North Carolina Department of Transportation has requested the Wilmington Metropolitan
Planning Organization and New Hanover County to design a collector street plan to consider frontage
roads andlor collector streets providing improved access to existing businesses and vacant properties on
Piner Road and along Carolina Beach and College Roads; and
WHEREAS, the Wilmington Metropolitan Planning Organization, in cooperation with New Hanover
County and North Carolina Department of Transportation, has completed a draft collector street map for
College, Carolina Beach and Piner Roads recommending interconnectivity between existing and
proposed developments; and
WHEREAS, the Wilmington Metropolitan Planning Organization and the New Hanover County Planning
Department desire to hold public meetings to receive comments and suggestions on the draft map; and
WHEREAS, the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee
recommends completion of this planning effort.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
encourages the Wilmington Metropolitan Planning Organization and the New Hanover County Planning
Department to develop a collector street plan for areas between the southern city limit and the Veteran's
Park property in southern New Hanover County.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
---.----
44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 4 Estimated Time: Page Number:
Department: Finance Presenters: Chris Coudriet and Avril Pinder
Contact: Avril Pinder
SUBJECT:
Adoption of Capital Project Ordinance to Establish the Southeastern Center for Mental Health Administration
Building and the New Hanover County Health Department Facility
BRIEF SUMMARY:
The Commissioners are requested to adopt the Capital Project Ordinance to establish the project for the Southeastern
Center for Mental Health (SEMH) Administration Building and the New Hanover County Health Department Facility. The
anticipated project cost is $22,946,195 and will be funded by a contribution from SEMH of $5,000,000, donation of land, and
Installment Loan Proceeds of $17,946,195. Interest earnings on the cash donations will be utilized as well. The project
proposal will be presented to the Board at the meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt capital project ordinance and ordinance for budget amendment 2008-82, and authorize contract negotiation for design
and construction of a facility for Southeastern Mental Health and the County's public health department.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Health specific furniture and fixtures for the Health Department will need to be funded in future operating
budgets.
ATTACHMENTS:
~ ~
........
. ..
C P S E r~~ H .doc 2W8-821-24-;,}S.doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
(revised)
45
PROJECT ORDINANCE
SOUTHEASTERN CENTER FOR MENTAL HEALTH ADMINISTRATION BUILDING &
NEW HANOVER COUNTY HEALTH DEPARTMENT FACILITY
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the Construction of the Southeastern Center for Mental
Health Administration Building and the New Hanover County Health Department Facility, which capital
project involves the construction andlor acquisition of capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to
North Carolina General Statute 159-13.2, such ordinance to authorize all appropriations necessary for
the completion of said project.
3. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to
expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be
hereinafter incurred by the County for certain expenditures paid by the County on or after the date
which is sixty (60) days prior to the date hereof.
4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for
which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be
incurred by the County.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute 159-13.2.
2. The project undertaken pursuant to this ordinance is the Construction of Southeastern Center for
Mental Health Administration Building and the New Hanover County Health Department Facility
Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Contribution from SEMH $5,000,000
Installment Debt $17.946.195
Total $22 946.195
4. The following appropriations necessary for the project are herewith made from the revenue listed
above:
Capital Project Expense $22.946.195
Total $22 946 195
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New
Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and
budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New
Hanover County.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
46
AGENDA: February 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-82
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that
the following Budget Amendment 2008-82 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Southeastern Center for Mental Health Administration Building
Department: Finance
Revenue: Decrease Increase
Contribution from SEMH $5,000,000
Installment Loan Proceeds 17,946,195
Total $22,946,195
Exnenditure: Decrease Increase
Capital Project Expense $22,946,195
Total $22,946,195
Section 2: Explanation
The budget amendment is to establish the project for Southeastern Center for Mental Health
Administration Building and the New Hanover County Health Department Facility in the amount
of$22,946,195.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-82 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section
1.150- 2 ofthe Treasury Regulations, the County may reimburse itself from the proceeds of any future debt
to be hereinafter incurred by the County for this project.
Adopted, this day of ,2008
(SEAL)
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
47
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48
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 5 Estimated Time: Page Number:
Department: Finance Presenters: Avril Pinder, Finance Director
and Kemp Burpeau, Deputy County Attorney
Contact: Avril Pinder
SUBJECT:
Determination of Assessment Cost for Mason Inlet Relocation & Maintenance
BRIEF SUMMARY:
Per the direction of the Commissioners at the September 4, 2007 County Commissioners' meeting, staff has completed
review of all charges associated with the Mason Inlet RelocationlMaintenance project that need to be assessed to property
owners on Figure Eight Island and portions of northern Wrightsville Beach. Staff has met with representatives from Mason
Inlet Preservation Group (MIPG) and provided documentation of all expenditures. Documentation was also provided to
representatives from the Figure Eight Homeowner's Association and their legal counsel. All involved have reached an
agreement on the current amount(s) due for remaining relocation cost and completed maintenance cost through September
24,2007.
The amounts to be assessed at this time are as follows:
Wrightsville Beach $ 2,479,858
Figure Eight $ 337,666
TOTAL ASSESSMENT $ 2,817,524
The County Commissioners are asked to approve the Determination of Cost as required by General Statute 153A-193 and
to establish a public hearing. Subsequent to the Determination of Cost, staff will mail preliminary assessment to all affected
property owners as well as a notice of public hearing.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Determination of Costs and establish March 10, 2008 as the date for the public hearing.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
Mason Inlet Proejct Resolution 020~Dg.dG1C
49
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: NIA HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved Determination of Costs and established March 10, 2008 as the date for the public hearing by a vote of 5-0.
50
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, on June 21, 1999, the Board adopted a preliminary assessment resolution for the Mason Inlet
Management Project, and on December 2,2002, confirmed the final assessment roll, authorizing collection of
the initial construction costs; and
WHEREAS, in compliance with the conditions of the U. S. Corps of Engineers permit authorizing the project,
operational and maintenance costs in the amount of $2,817,524.00 have been incurred but not yet assessed
for the period from July 12, 1999 to September 24, 2007; and
WHEREAS, NCGS 153A-204.1 directs that such operation and maintenance costs are to be levied on the
same basis as the original assessment; and
WHEREAS, NCGS 153-204.1 requires that the Board first determine the amount of the operational and
maintenance cost, considering actual costs of operating and maintaining the project together with such
expenses as necessary legal services, interest costs, mailing and publication costs; and
WHEREAS, the County is thereafter required to prepare a preliminary assessment roll for the operational and
maintenance costs, listing parcels to be assessed, fee basis, costs for each owner and proposed payment
terms, and also to produce a project map showing parcels of record; and
WHEREAS, the Board of Commissioners is to set the date for a public hearing to annul, modify or confirm the
assessments.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that:
1. The operational and maintenance costs for the project for the period from June 12, 1999 to
September 24, 2007, to now be assessed are $2,817,524.00.
2. County staff is directed to prepare a preliminary assessment roll and a project map, to mail to each
owner a Notice of Hearing, and to prepare and publish all required notices.
3. A public hearing to consider the preliminary assessment roll for operational and maintenance costs is
set for March 10,2008 at 1 :00 p.m., or thereafter, at the New Hanover County Historic Courthouse,
24 North Third Street, Room 301, in Wilmington, North Carolina, 28401.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
51
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52
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 6.1 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-877, 1/08) - Request by David Sneeden for ACI-Pine Ridge, LLC to Rezone Approximately 1.39
Acres Located in the 8200 Block of Market Street Behind Porters Neck Center in the Transition Land Classification
from R-15 Residential to B-1 Neighborhood Business District
BRIEF SUMMARY:
At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning.
No one from the public spoke on this item.
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 1.39 acres from R-15
Residential District to B-1 Neighborhood Business District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the associated
land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage currently surrounded by
commercial zoning from residential to commercial zoning classification.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~ ~
-.
. .... J:.:.)I:t ~ Z -877, '-08-5 taff 5 ummar}'. doc Z -877 '-08-Petition 5 ummaw doc Z -877. pdf Z -877 Applicant Materials. pdf
53
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
54
CASE: Z-877, 1/08
PETITIONER: David Sneed en for ACI-Pine Ridge, LLC
REQUEST: From R-15 Residential District to B-1 Neighborhood
Business
ACREAGE: Approximately 1.39 Acres
LOCATION: 8200 block of Market Street
(R02800-00 1-15 8-00 1)
LAND CLASS: Transition
PLANNING BOARD ACTION
At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend
approval of this request for conditional rezoning. No one from the public spoke on
this item.
STAFF SUMMARY
The subject property is located in the northeast portion of the county in an area classified
as Transition on the 2006 CAMA Land Classification map. The property is accessed from
Market Street, a principal arterial road, through the Porter's Neck Center. Level of
service has been rated D along this segment of Market Street, meaning there is a high
density but stable flow of traffic. Traffic counts in this area decreased about 4% between
2004 and 2005. The Highway 17 Bypass/I-140 is located to the north of this property.
The property has been used for residential purposes but petitioner indicates structures are
currently vacant. The parcel is surrounded by B-1 and B-2 zoning. Adjacent to the
northwest and northeast is zoned B-1 and is vacant, wooded area at this time. Property to
the southeast is zoned B-2 and is occupied by Porter's Neck Center shopping area. To
the southwest is zoned B-1 and is a portion of the Cypress Pond apartment homes.
The subject property is located within the Greenview watershed drainage area which is
classified C(SW). The property is not within the 100 year flood zone. Soils are primarily
class I Rimini sand which is generally suitable for septic systems. Public water and sewer
service is available in the area although sewer capacity is severely restricted at the present
time.
Land Use Plan Considerations:
This rezoning petition proposes a change from low density R-15 Residential use to a
more intensive B-1 neighborhood business classification. The B-1 Neighborhood
Business District is envisioned to provide convenient shopping facilities primarily of
necessity goods and personal services to serve a neighborhood.
Version 1/28/2008 Page 1 of2 Z-877
55
Implementation strategies associated with Policy 4.3 of the land use plan encourage
location of regional commercial nodes at major intersections consistent with the Land
Classification map and other local plans; and also, the location of commercial centers to
provide service and trade at key intersections.
The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class
as providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these areas is based upon land
use planning policies requiring optimum efficiency in land utilization and public service
delivery.
This subject property is currently an island of residential zoning in the middle of
commercial B-1 or B-2 districts. It is in the midst of an existing commercial node located
at a major intersection where an Interstate Road a US Highway and an Urban Collector
come together. Rezoning to bring the area into a consistent zoning classification seems
reasonable and appropriate. For this reason, staff recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is 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
1.39 acres from R-15 Residential District to B-1 Neighborhood Business District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage currently
surrounded by commercial zoning from residential to commercial zoning
classification.
Version 1/28/2008 Page 2 of2 Z-877
56
Case: Z-877, 01/08
Petition Summary Data
Owner/Petitioner: David Sneeden for ACI-Pine Ridge, LLC
Existing Land Use: Residential (Vacant) R-15 1.39 acres
Zoning History: Area 8B (July 7, 1972)
Land Classification: Transition
Water Type: County
Sewer Type: County (subject to available capacity)
Recreation Area: Ogden Park
Access & Traffic Volume: Market Street (US 17) at Porter's Neck Road. Just
south of the site, ADT 42,864 (4/05); ADT 36,236
(11/06); for a decrease of 15%; 2007 LOS D, meaning
dense but stable flow of traffic
Fire District: Ogden VFD
Watershed & Water Quality Classification: Greenview Watershed - C(SW)
Aquifer Recharge Area: Primary Recharge area of the principal aquifers
(combined Castle Hayne and Peedee aquifers-confined artesian)
Conservation/Historic/ Archaeological Resources: SHOD portion (Market St.)
Soils: Class I: Rm-Rimini sand
Septic Suitability: Class I-Suitable
Schools: Blair Elementary
57
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APPLICANT MATERIALS
59
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intende4 use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in Below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development?
This change will permit the use of the property to be converted from an
obsolete residential use to a commercial use which will enhance the traffic patterns
and internal connectivity of the surrounding commercial uses. The'property is in an
area served by County utilities and is classified as Transition which is a use designated
to provide for more intensive urban development in the future.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map? The subject property is classified as Transition on the 2006 Land
Classification Map. The subject property is vacant and improved with an older model
mobl.Ll: home. The closest residential use is a medium density apartment complex. The
property is served by County water, sewer and fire protection. There are no wetlands
located on the property and it drains in the Greenview Ranches watershed.
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?
Since this property was originally zoned residential, the four tracts which it
borders have all been rezoned to B-1 and B-2, Market Street has been four laned and County
utilities have beeE e::tended to the property. All surrounding properties have transitioned
to commercial and the closest residential property is a medium density apartment complex.
4. How will this change of zoning serve the public interest?
Development of the property will facilitate the traffic flow and inter-
connectivity between the adjoining commercial properties. The development of this
property will not adversly affect wetlands or natural resource 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 of land for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application is complete and that all information presented in this application is accurate to the best of
my knowledge, information, and belief.
David G. Sneeden
Print Name
Page 2 of2
ZMA-ll/07
60
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 6.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for James & Melissa Vass to Conditionally
Rezone 2.96 Acres Located South of and Adjacent to 2010 Capital Drive in the Transition Land Classification from
AR Airport Residential and R-15 Residential to CD(I-1) Light Industrial Conditional District to Allow for Boat Storage
BRIEF SUMMARY:
At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning
and the site plan as submitted. No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION #1 NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning
amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted
comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment of 2.96 acres from AR-Airport Residential
District to CD(I-1) Conditional District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the associated
land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow addition of acreage outside the flood plain to an
existing conditional industrial district for storage of boats and RVs under the terms and
conditions outlined in a companion special use permit.
ACTION #2 NEEDED: (Choose one)
1. Motion to Grant the companion special use permit (with or without recommended conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack
of consistency with adopted plans or determination that the project will pose public hazards or will
not adequately meet requirements of the ordinance.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
63
~ ~ ~ ~
-.
. .... J:.:.)I:t ~ Z -878, '-08-5 taff 5 ummar}'. doc Z -878 '-08-Petition 5 ummaw doc Z -878. pdf Z -878 Applicant Materials. pdf
full size site plans
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the rezoning 5-0. Approved the conditional use permit 5-0.
64
CASE: Z-878, 1/08
PETITIONER: Howard Capps for James & Melinda Vass
REQUEST: From AR &R-15 Residential District to CD(I-l) Light
Industrial for boat and RV/camper storage
ACREAGE: Approximately 2.96 Acres
LOCATION: south of and adjacent to 2010 Capital Drive
(R03400-003-005-000)
LAND CLASS: Transition
PLANNING BOARD ACTION: At its January 3, 2008 meeting, the Planning Board
voted 6-0 to recommend approval of this request for conditional rezoning and the
site plan as submitted. No one from the public spoke on this item.
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area classified
as Transition on the 2006 CAMA Land Classification map. The property is accessed from
Capital Drive, a local street serving Murrayville Station Business Park, via Farley Drive
or N. College Road near its intersection with Gordon Road. Neither traffic counts nor
levels of service are available for Capital or Farley Drive, however, traffic along N.
College in this vicinity is shown at LOS F, meaning traffic exceeds design capacity.
Traffic counts along N. College Rd. increase by approximately 41 % between 2003 and
2006.
The subject property has been casually used for outside storage associated with the
existing boat storage operation. The parcel is generally landlocked. A Progress Energy
power line and easement extends across the eastern portion of the property. A small sliver
along the eastern boundary is zoned R-15. This appears to be a residual zoning from an
earlier pattern that was likely established using the utility easement as a zoning boundary.
Parcels to the west are vacant, wooded land. Residential use is in place to the south and
east of this parcel. The property is just outside the airport horizontal zone.
The subject property is located within the Smith Creek watershed drainage area which is
classified C(SW) and is listed on the 303( d) list of impaired waters. The property is not
within the 100 year flood zone. Soils are primarily Class II Seagate sand with moderate
limitations for septic systems. Public water and sewer service is available in the vicinity.
Land Use Plan Considerations:
This rezoning petition proposes a change from low density Airport Residential and R-15
Residential use to a conditional district for light industrial use as an outdoor storage area
for boats, R V s and campers as an expansion of an existing conditional 1-1 district.
Version 1/25/2008 Page 1 of3 Z-878
---~---_...-
65
Implementation strategies associated with Policy 4.2 of the land use plan encourage
location of industrial areas to maximize efficient use of infrastructure while protecting the
environment and residents from undue impacts. Conditional districts are designed for
firm development proposals and require site specific plans to be approved as special use
permits, thus providing maximum protection and predictability.
The 2006 Update ofthe Joint CAMA Plan describes the purpose of the Transition class
as providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these areas is based upon land
use planning policies requiring optimum efficiency in land utilization and public service
delivery.
This subject property is currently being used for the purposes sought in the petition.
Rezoning to bring the area into full zoning compliance, to create a cohesive business
operation and to apply appropriate site design standards seems reasonable and
appropriate. For this reason, staff recommends approval.
ACTION #1 NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest. "
EXAMPLE:
The County Commissioners find that this request for zoning map amendment of 2.96 acres from
AR-Airport Residential District to CD(I-l) Conditional District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow addition of acreage outside the flood
plain to an existing conditional industrial district for storage of boats and RVs under
the terms and conditions outlined in a companion special use permit.
BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE
FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION
SPECIAL USE PERMIT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Public utilities are available in the area.
B. Access to the proposed expansion will be restricted by an existing security gate
from Capital Drive. No access will be from Gordon Road.
C. Capital Drive is a local street serving only the Murrayville Station business park.
D. Fire Service is provided by Wrightsboro VFD.
E. The property is not located in a flood hazard area
F. Stormwater control is subject to the requirements of the County's stormwater
ordinance and will be accommodated on site.
Version 1/25/2008 Page 2 of3 Z-878
66
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned AR-Airport Residential and R-15 Residential District. This
request is made concurrent with conditional rezoning to CD (I-I) Conditional
District for industrial use.
B. Petitioner proposes 135 outdoor storage spaces on the subject property. No
buildings are proposed.
C. Traffic circulation is not applicable since this site is accessed via the existing
storage operation by a security gate.
D. Drive aisles exceed the general width standard in order to accommodate
maneuvering of boats and RVs.
E. A traffic impact analysis is not required.
F. A vegetative buffer will be added as required by the ordinance.
G. All existing regulated trees will remain on the site.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
adjacent parcels.
B. Outside storage will be located only within an existing fenced area, thus
providing an extended buffer from surrounding residential zoning districts.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A. The 2006 Update of the Joint CAMA Plan describes the purpose of the
Transition class as providing for future intensive urban development on lands
that have been or will be provided with necessary urban services. The
location of these areas is based upon land use planning policies requiring
optimum efficiency in land utilization and public service delivery.
B. The proposal is consistent with the policies relating to industrial use.
STAFF COMMENTS:
Staff feels these findings are positive without further conditions.
ACTION #2 NEEDED:
(Choose one)
1. Motion to Grant the companion special use permit (with or without
recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
Version 1/25/2008 Page 3 of3 Z-878
---.-...--
67
Case: Z-878, 01108
Petition Summary Data
OwnerIPetitioner: Howard Capps for James & Melinda Vass
Existing Land Use: AR-Airport Residential and R-15 Residential
Zoning History: Area 8B (July 7, 1972)
Land Classification: Transition
Water Type: Private
Sewer Type: Private
Recreation Area: Ogden Park
Access & Traffic Volume: Capital Drive to Farley or N. College Rd. No counts or
LOS on Farley. N. College Rd. ADT of23,000 (2003)
compared to 32,441 (12/06) +41%
Fire District: Wrightsboro VFD
Watershed & Water Ouality Classification: Smith Creek Watershed - C(SW)
303(d) list-impaired waters
Aquifer Recharge Area: Primary or secondary recharge area of the principal
aquifers
ConservationlHistoric/ Archaeological Resources: None
Soils: Class II: Seagate
Septic Suitability: Class II-Moderate limitations
Schools: Blount Elementary
Other: Airport horizontal zone
68
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APPLICANT MATERIALS
70
Attachment A
Wrightsville Beach Storage Expansion
Change of Zoning
November 27,2007
I. How would the requested change be consistent with the County's Policies for Growth
and Development?
This 2.96 acre site is located in the transition area on the 2006 CAMA Land Classification Map.
As stated in the Land Use Plan, the purpose of the Transition classification "is to provide for
future intensive urban development on lands that have been or will be provided with necessary
urban services."
Section B: Land Use and Urban Design portion of the 2006 CAMA Land Use Plan states that the
City of Wilmington and New Hanover County will designate sufficient land area and suitable
locations for the various land use types. Also policy 4.2 indicates that the County shall delineate
areas for industrial use (warehouse) which will maximize the efficient use of infrastructure while
protecting the fragile ecosystem from harm and protecting residents from undue impacts.
This 2.96 acre site is proposed for expansion of the adjacent Wrightsville Beach Storage located
at 2010 Capitol Drive. The existing warehouse is at capacity so this expansion allows an existing
successful business to provide additional boat, camper trailer, and enclosed trailer storage
adjacent to their existing facility. This additional storage Can be accomplished with no adverse
impact on the environment or residential uses. The storm drainage will be handled by piping
storm water to existing storm drainage pond now being used by the existing storage facility. The
two small residential units to the south of the site will be buffered by 20' to 180' of existing
natural material. Any future residential development to the east of the site will be buffered by 65'
to 118' of buffer area under existing utility lines. The area to the west is currently a wooded,
undeveloped site with a 20' buffer on our site.
2. How would the requested zone change be consistent with the property's classification on
the Land Classification Map?
This 2.96 acre site is located in the transition area on the 2006 CAMA Land Classification Map.
As stated in the Land Use Plan, the purpose of the Transition classification "is to provide for
future intensive urban development on lands that have been or will be provided with necessary
urban services."
3. What significant neighborhood changes have occured to make the original zoning
inappropriate, or how is the land involved unsuitable for the uses permitted under the
existing zoning?
The need to expand an existing storage facility is the change that has taken place, creating the
need for a zoning change. This 2.96 acre site is currently zoned Airport Residential (AR) which
is established for the purpose of limiting the development of land within the vicinity of the New
Hanover County Airport to low density residential development. In promoting the general
71
purpose of this Ordinance, the specific intent of this Section is; to minimize aircraft hazards by
excessive density; to prohibit the development of places of assembly such as schools, hospitals,
rest homes or other uses which tend to concentrate large numbers of people; and, to promote the
health safety and general welfare of the inhabitants of New Hanover County by preventing the
creation of hazards to the Airport, thereby protecting the lives and property of the users of the
Airport and of occupants in the vicinity and preventing destruction or impairment of the utility of
the Airport and the public investment therein.
Changing the zoning from AR to I-I (CD) to allow additional storage will eliminate any
residential use in the AR zone.
4. List proposed conditions and restrictions that would mitigate impacts of the proposed
use(s).
The site plan has bee!) prepared based on the County Zoning Ordinance. The required 20' buffer
has been provided around the perimeter of site. Vehicular access will be through the existing
storage facility entrance at Capitol Drive. Adjacent uses will be buffered by proposed 20'
landscape buffer plus additional natural buffer areas on south side of site.
72
Attachment B
Wrightsville Beach Storage Expansion
Special Use Permit
November 30, 2007
General Requirements #1
The board must find "that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and
approved."
North of this site is an existing storage facility. The owner ofWrightsville Beach Storage
indicates that the existing facility is at capacity and additional surface storage space is needed
based on market demand. The adjacent property is either wooded and undeveloped (westside) or
contains small single family homes on large lots (southside). East of this site has recently been
rezoned to R-10 but has not been developed. This R-l 0 site is buffered by a 20' buffer on this site
with a 65' to 118' buffer due to existing utility lines.
General Requirements #2
The board must find" that the use meets all required conditions and specifications" of the
Zoning Ordinance.
The site plan has been developed based on the New Hanover County Zoning Ordinance. Driving
isles exceed the required isles in the zoning ordinance to provide adequate room for boat and
camper trailers.
General Requirements #3
The board must find "that the use will not substantially injure the value of adjoining
property or that the use is a public necessity."
With the substantial distance from the property line on the south and eastern side of the site and
the existing trees and vegetation, there should be very little or no impact on adjacent land use.
General Requirements #4
The board must find "that the location and character of the use if developed according to
the plans as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County."
The proposed use is an expansion of an existing storage facility and will be in harmony with the
area. The adjacent residentially zoned areas will be buffered by existing vegetation on the back of
the existing fence on the south side of the site. The area to the east is buffered by a large utility
easement. The west side is adjacent to a large undeveloped wooded site. This development is
consistent with the intent of the Transition Land Classification.
73
NEW HANOVER COUNTY TAX OFFICE
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R03400-003-003-00 1
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1632
11/28/2007
74
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75
This page intentionally left blank.
76
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 6.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a Special Use Permit to Place a Child
Daycare Facility for up to 60 Children on the Property of Trinity Independent Freewill Baptist Church in an R-15
Residential Zoning District at 440 Horn Road in the Urban land Classification
BRIEF SUMMARY:
At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for a special use permit
and the site plan as submitted. Dr. Speight, representing the church, affirmed the church's support for Ms. Broussard's
daycare project. No one from the public spoke.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: (Choose one)
1. Motion to Grant the special use permit based on the findings of fact (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack
of consistency with adopted plans or determination that the project will pose public hazards or will
not adequately meet requirements of the ordinance.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~ ~
-.
. .... J:.:.)I:t ~ S '580, '-08,S taff Summar}'. doc S -580 ',08,Petition S ummaw doc S -580. pdf S ,580 Applicant Materials. pdf
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
77
SPECIAL USE PERMIT
8-580, 1/08: Daycare for up to 60 Children
Request By: Vicki Broussard for Trinity Independent Freewill Baptist Church
Location: 440 Horn Road
PLANNINNG BOARD ACTION: At its January 3,2008 meeting, the Planning Board voted
6-0 to recommend approval ofthis request for a special use permit and the site plan as
submitted. Dr. Speight, representing the church, affirmed the church's support for Ms.
Broussard's daycare project. No one from the public spoke.
Preliminary Staff Findings
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Private water and septic serves the property.
B. The property accesses Carolina Beach Road, an identified arterial, by Horn Road
a local street.
C. Level of Service on Carolina Beach Road is rated as E, meaning the road is
operating at capacity.
D. Traffic Impact Analysis is not required because peak hour trips are estimated at
about 65 trips. The threshold for TIA is 100 peak hour trips.
E. Fire Service is available from the Myrtle Grove Fire Department.
F. The property is not located in a flood hazard area.
G. The proposed facility is an existing building historically used as a church.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned R-15 Residential.
B. Off-street parking requirements exceed the requirements of Article VIII of the
New Hanover County Zoning Ordinance.
C. Applicant acknowledges that the play area must be enclosed by a fence with a
minimum height offour feet. The site plan shows a play area to the west of the
building.
D. The day care will be licensed by the State of North Carolina.
E. In accordance with Section 72-20 no outside signs in excess of2 sq. ft. shall be
permitted.
F. All other local, state and federal requirements must be met.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. Child care facilities exist in other residential districts in New Hanover
County. The applicant has been operating a home daycare in the neighborhood
for several years.
8-580 Page I of2
Version 1/25/2008
78
B. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Urban.
B. Policies in the 2006 Land Use Plan do not specifically address daycare needs.
C. Staff finds that these findings are positive and does not recommend conditions.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit based on the findings of fact (with or
without recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
8-580 Page 2 of2
Version 1/25/2008
79
Case: 8-580, 01/08
Petition Summary Data
OwnerIPetitioner: Vicki Broussard
Existing Land Use: Church Building
Zoning History: Area 4 (April 7, 1971)
Land Classification: Urban
Water Type: Private
Sewer Type: Private
Recreation Area: Arrowhead Park
Access & Traffic Volume: Horn Rd to Carolina Beach Rd. ADT 28,000 (2003)
compared to 33,339 (6/06) + 19% LOS E
Fire District: Myrtle Grove Fire Department
Watershed & Water Ouality Classification: Motts Creek Watershed - C(SW)
Aquifer Recharge Area: Primary or secondary recharge area of the principal
aquifers
ConservationlHistoric/ Archaeological Resources: None
Soils: Le-Leon Soil
Septic Suitability: Class III- Severe Limitations
Schools: Williams Elementary
80
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APPLICANT MATERIALS
82
REVIEW PROCEDURES
Applications for Special Use Permits (other then for single family dwellings on individual lots ) are first referred to
the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners
make final action on the permit application in a quasi-judicial public hearing.
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and advertisement as
required by the North Carolina Geneml Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina.
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the
Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications
for single-family dwellings on individual lots do not require planning board review.
What You Must Establish For A
Special Use Permit
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning .
Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these
requirements: (Attach additional pages if necessary)
General Requirement #1
The Board must find "that the use will not materially endanger the public health or safety iflocated where proposed and
developed according to the plan as submitted and approved."
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General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance".
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Page 2 of3
SUP 11107
83
General Requirement #3
The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity."
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General Requirement #4
The Board must find "that the location and character of the use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New
Hanover County."
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The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested
by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each
specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable).
He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of
New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they
deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that
all of the information presented in this application is accurate to the best of my knowledge, information, and belief.
t )l.,t~;' ~()i ).5.~9:~[)
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Signature of Petitioner and/or Property Owner
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Print Name
Page 3 of3
SUP 11/07
84
Proposed use
The facility will be located at 440 Horn Road. The business will provide service to a
maximum of 60 children. The learning center will house children from the age of 1 day
old to the age of 12 years old. The facility totals 4648 square feet. There will be six
classrooms for each age of the children. There will be 2248 square feet of yard space and
play area for the children that will be fully fenced in. The facility will be used as a quality
childcare center. I am passionate about the need to assist children in their early childhood
development with a stable, enriching and loving environment while their parents are
working. This building will help me to opemte my childcare center in a more business-
like manner.
85
PRIlPERTY LINE
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86
ROBIN ClAYTON
January 1, 2008
To whom it may concern,
As a resident of the Silver Lake community and a parent with a child currently under the
care of Vicki Broussard, I would like to make it known that her new expanded child care
center will be a great asset to the area. My son has been with her for over three years,
since he was twelve-weeks-old, and we could not be happier. As any working parent will
tell you, good child care is hard to find. I had lined up child care while on maternity
leave and one week before I was going back to work the child care provider cancelled on
me. I wa~ bordering on frantic when I was lucky enough to find Mrs. Broussard. My
family haS been blessed to have such a caring and competent day care provider. And
although some people have been known to travel great distances to bring their children
to Little Angels, we are doubly blessed to be within walking distance. The new center
will provide convenient child care to many more families in our community. I have no
concerns about the new center and do not believe it could negatively affect our
community in any way. Mrs. Broussard has very clear expectations for the parents
regarding parking and traffic patterns during drop-off and pick-up times at her house
and I am sure it will be just as organized at the new center. Please approve this zoning
request so that Mrs. Broussard can continue to provide a loving and nurturing learning
environment to the children in our neighborhood.
Sincerely,
~mt-
Robin L Clayton
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
Regular Item #: 7 Estimated Time: Page Number:
Department: Engineering Presenter: Dennis J. Ihnat and David Weaver
Contact: Dennis J. Ihnat and Jim Iannucci
SUBJECT:
NOTE: This item has been withdrawn until February 18. 2008.
Consideration of Text Amendment to New Hanover County Stormwater Ordinance
BRIEF SUMMARY:
Watermark New Hanover Limited Partnership has submitted a proposed text amendment to the New Hanover County
Stormwater Ordinance Section 23-439. The proposed text amendment, current New Hanover County Stormwater
Ordinance Section 23-439 and Section 346, and staff analysis is attached.
The effect of the proposed text amendment would be to allow a surety to be posted in lieu of installing the required
stormwater improvements, thereby allowing the sale of individual lots prior to the installation of any stormwater
improvements that are intended to adequately protect the subjected property and surrounding properties from adverse
drainage impacts.
It is critical to note, as discussed in more detail in the attached materials, that the Board recently adopted a subdivision text
amendment that allowed developers to increase the bond amount of improvements, such as roads and water and sewer
utilities, from $100,000 to $8,000,000. The proposed amendment in this agenda item would also allow drainage
improvements to be similarly bonded. Drainage improvements, however, must be in place before any work is done in the
development in order to minimize possible impacts downstream, such as flooding of existing residences.
The current ordinance states in Section 23-439 that "A surety will not be accepted by the county until the county receives a
certification by the design professional which indicates sufficient improvements have been completed which will adequately
protect the proposed improvements." The Engineer signs and seals a certification that states that the "work has been
completed in accordance with the latest New Hanover County Ordinances and Storm Water Design Manual and the
Authorization-To-Construct." This ensures that the Design Engineer has supervised the work and that the proposed lots as
well as the surrounding properties will be protected. County staff has worked diligently to ensure all Stormwater,
Sedimentation and Erosion Control and Tree Permits are in place prior to land disturbing activities in order to protect the
public as well as prevent or reduce inappropriate or unnecessary grading. Ensuring that sufficient stormwater control
measures are in place (permanent or temporary) prior to further development will uphold our dedication to protect
surrounding properties. The Stormwater Ordinance allows a surety to be posted for the remaining required stormwater
improvements.
Article VI, Section 65 of the Subdivision Ordinance states: "When the requirements of this ordinance conflict with the
requirements of other lawfully adopted rules, regulations, or ordinances of the County of New Hanover, or deed restrictions
imposed by the developer, the more stringent or higher requirements shall govern."
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Commissioners deny approval of the proposed text amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
89
Explanation: No funding involved.
ATTACHMENTS:
~
........
... .
Stmmwater T ex! ,'~...-nendment Backup .doc
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Deny approval.
COMMISSIONERS' ACTIONS/COMMENTS:
The item was withdrawn until February 18, 2008.
90
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Meeting Date: 02104/08
CASE: Proposed Text Amendment to New Hanover County
Stormwater Management Ordinance
PETITIONER: WATERMARK NEW HANOVER LIMITED Partnership
REQUEST: Petitioner requests modification of the New Hanover County
Stormwater Management Ordinance, Section 23-439, to
read:
Section 23-439 Final plat and/or certificate of occupancy
(a) Final Plat. The county shall not allow final plats to be recorded for any
projects until the county has accepted the construction completion
certification required in Section 23-438 ofthis Storm Water Management
Ordinance, or until a surety has been posted by the owner or sub-divider in
accordance with Section 51 of the New Hanover County Subdivision
Ordinance.
(b) Certificate o/Occupancy. The county shall not allow certificates of
occupancy to be issued for any occupiable structures within development
projects until the county has accepted the construction completion
certification required in Section 23-438 of this Storm Water Management
Ordinance, or until a surety has been posted by the owner or sub-divider in
accordance with Section 51 of the New Hanover County Subdivision
Ordinance. Notwithstanding the foregoing, certificates of occupancy cannot
be issued until temporary and/or permanent drainage facilities have been
installed and have been certified by the design professional as being sufficient
to protect (I) the proposed occupiable structure(s), and (2) the proposed
Required Improvements identified in Section 52-5 of the New Hanover
County Subdivision Ordinance and specifically described in the design and
construction plans submitted to the county and other appropriate State and
local agencies by the owner or sub-divider as required in Section 20-2 of the
New Hanover County Subdivision Ordinance.
BACKGROUND
At their meeting on October 1, 2007, the Board of County Commissioners approved a
text amendment to the Subdivision Ordinance that raised the "Surety Limit" for required
improvements in accordance with the provisions of the Subdivision Ordinance from
$100,000.00 to $8,000,000.00.
91
The Subdivision Ordinance, Section 52-5, addresses Surface Water Drainage, stating that
"All drainage construction within the area of the proposed subdivision shall be reviewed
by the County Engineer for conformance with New Hanover County's Storm Water
Management Ordinance and Design Manual.
The Subdivision Ordinance, Article VI, Section 65, titled "Conflict" states: "When the
requirements of this ordinance conflict with the requirements of other lawfully adopted
rules, regulations, or ordinances of New Hanover County, or deed restrictions imposed by
the developer, the more stringent or higher requirements shall govern."
The current Stormwater Ordinance states that "A surety will not be accepted by the
county until the county receives a certification by the design professional which indicates
sufficient improvements have been completed which will adequately protect the
proposed improvements." (Emphasis added.)
Discussions with representatives of the Home Builders Association indicate that the
Petitioner's intent is to allow a subdivider to provide a financial guarantee in lieu of
constructing or installing any stormwater improvements.
The current Stormwater Management Ordinance reads:
Sec. 23-439. Final plat and/or certificate of occupancy.
The county shall not allow final plats to be recorded and certificates of occupancies to be
issued for any projects until the county has accepted the construction completion
certification, or until a surety in the form and amount acceptable to the county has been
posted by the owner. A surety will not be accepted by the county until the county
receives a certification by the design professional which indicates sufficient
improvements have been completed which will adequately protect the proposed
improvements. Certificates of occupancies cannot be issued until temporary and/or
permanent drainage facilities have been installed and have been certified as being
sufficient to protect the proposed improvements by the design professional. The surety is
not to exceed 110 percent of the cost of the temporary and/or permanent facilities covered
within this article and approved within the authorization-to-construct.
(Ord. of9-5-2000, ~ 10.8)
STAFF COMMENTS
Staff opposes the proposed text amendment to the Stormwater Management Ordinance.
92
Overview:
Because ofthe topography, weather patterns, and proximity to environmentally sensitive
wetlands and coastal waters, drainage and stormwater management in New Hanover
County is of critical importance to our environment and to the health and welfare of our
citizens. Drainage and storm water management is fundamental to the preparation of
parcels for improvement in order to ensure that the parcel(s) being developed,
surrounding parcels, and surrounding environmentally sensitive areas are protected
from the effects of uncontrolled water movement.
Stormwater and drainage management designs often require redesign and modification
based on actual site conditions encountered. If construction or installation of sufficient
stormwater and drainage improvements to adequately protect the proposed improvements
is not required prior to the sale of individual lots, such required modifications may not be
possible, and could lead to County financial liability, adverse impact on our sensitive
environment, and degradation to the health and welfare of affected citizens.
City Stormwater and Planning staffs, County Planning staff and the County Inspections
Department are in agreement with County Engineering regarding not allowing the
complete bonding of stormwater improvements. The City currently has bonding limits
set well below that of the new County limits. The City requires all but minor punch list
items to be complete prior to approving a project. They require the stormwater system to
be in place and only allow minor items such as site stabilization on a project to be bonded
prior to continuing through the platting process.
Please see the following specific comments and examples:
. Alternative to Sureties for stormwater improvements:
Since the Stormwater Ordinance was enacted in September, 2000, the procedure for
reviewing, approving and accepting the certification of Stormwater Authorization to
Construct Permits has not changed. Sureties have been, and continue to be, allowed for
the completion of stormwater and drainage improvements beyond those temporary and/or
permanent stormwater and drainage facilities constructed or installed that protect the
proposed improvements and surrounding properties.
Partial Stormwater Certifications have been, and will continue to be, accepted for the
portion of a project that a developer wishes to move forward in the platting process.
Requiring developers to install only the stormwater improvements for the section or
phase they wish to plat greatly reduces the work they need to complete, while continuing
to protect the surrounding property owners.
This is accomplished by staff reviewing the stormwater measures to ensure they function
for just the phase to be platted. Recently, additional consideration is given to
certifications due to the difficulty in achieving site stabilization during our current
drought conditions.
93
. Protection of public health and safety - Existing Drainage Issues:
Any inherent drainage issues on a property would likely be eliminated if the proposed
stormwater improvements were in place. If a property is platted and sold to individual
owners prior to construction or installation of required stormwater and drainage
improvements, it would greatly hinder the County's ability to correct existing drainage
issues on the property. Purchasers of individual lots are responsible for any and all
drainage issues found within the boundaries of their lot. The County would be required
to coordinate remedial actions with each individual property owner, not the developer.
Section 23-342 of the Stormwater Ordinance states: "It shall be the responsibility of the
individual property owners of developed or undeveloped land with in the unincorporated
areas of the county, to maintain stormwater conveyance facilities, such as waterways,
streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater
control facilities, such as ponds and lakes within their property. Where conditions of
existing stormwater facilities are determined to be deficient and a public nuisance, and a
property owner fails to correct the deficiencies after being notified by the county, the
county may arrange for the deficiencies to be corrected and recover all costs thereto
from the property owner. However, the recovery of costs from property owners is subject
to appeal as described in section 23-515."
Surrounding property owners located off-site could be adversely affected and the
County's only recourse would be to collect the bond and install the proposed
improvements. This would not correct or cover the cost of upstream and/or downstream
impacts. There is no way to cover such contingences in closing paperwork for every lot.
The bond would not cover such costs and the developer mayor may not be around to
address them and per the ordinance is not responsible for the individually owned lots.
We would be placed in the situation to issue notice of violation letters to the same
individual lot owners that cannot build upon their lots because their subdivision is not
complete. Added to the issues with on-site property owners are the impacts to upstream
and/or downstream property owners.
. Grading, tree removal and installation of stormwater measures may
significantly change the features of a property:
Unlike the installation of water, sewer and other improvements, stormwater
improvements require land disturbing measures on common areas, easements as well as
the lots. Tree removal, grading, and installation of ponds, swales, pipes and other
stormwater measures will greatly alter the land. If a lot is purchased by an individual
owner prior to construction or installation of required storm water improvements, it may
not look anything like the piece of land that they inspected before purchase.
. The stormwater system may not be able to be properly installed.
Individual lot owners could hinder the installation of the stormwater system. Instead of
dealing with just the developer, staff would be faced with coordination of large numbers
of individual lot owners. Refusal of any individual property owner to allow the required
modifications would significantly affect the stormwater design, and could lead to
94
protracted legal proceedings and possible County liability. Court rulings to protect
individual trees or change the grading of lots would hold up the entire stormwater system.
. Required modifications to stormwater and drainage design plans may not
fit within the proposed easements and privately owned lots if lots are sold prior to
construction or installation of stormwater improvements:
If the stormwater and drainage features do not fit within the proposed easements or do
not function as designed when constructed or installed, additional land would be
necessary. This could lead to costly land purchases after the fact or possible
condemnation of individually purchased lots to acquire the necessary land. Lot sizes may
change and may no longer conform to what TRC approved, or may not meet
current zoning restrictions.
In addition, the proposed text amendment would allow construction of houses and
certificates of occupancy prior to final construction, installation and certification of the
required stormwater and drainage improvements. For example, if temporary stormwater
features are found to be ineffective, a redesign of the drainage and stormwater system
may require the addition of stormwater features (such as a pond) in a location where a
house has been constructed and occupied.
. Effect on Environmental Health Permits:
Per a letter from the North Carolina Division of Environmental Health, approved
stormwater plans are required prior to approving permits for on-site wastewater (septic).
County Environmental Health has instituted the policy of verifying the final location of
the stormwater system prior to approving permits. This has allowed them to identify
potential conflicts prior to their permit approval but has also greatly increased their
workload. Septic permits cannot be authorized until a final plat has been recorded for the
lot. Many current proj ects are pursuing septic permits along with installing dry sewer
due to the sewer moratorium, which has further increased the workload of Environmental
Health. If the stormwater measures need to be changed upon construction, the approved
septic permits may no longer be valid. Continuing to require the storm water
improvements to be in place will alleviate this problem.
. Speculative land purchases and numerous separate builders involved in a
completely un-built subdivision could hinder the completion of the project:
Individual builders cannot be counted on to grade lots in accordance to the overall
storm water design. Improper grading of lots could lead to the revoking of the County
Stormwater ATC Permit and/or the State Division of Water Quality Stormwater Permit.
Changes to correct such deficiencies could be extremely involved and require the Permit
holder (usually the developer, until transferred to a HOA) to sign the plan modification.
The permit holder could refuse to approve the costly modifications and further
complicate the issue.
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. Not all projects subject to the Stormwater Ordinance fall under the
Subdivision Ordinance.
Commercial projects, projects that do not require a Special Use Permit, projects that are
not subdivided, and others are not regulated by the Subdivision Ordinance. The proposed
text amendment links the Stormwater Ordinance to the Subdivision Ordinance which is
not the recommendation of Engineering or Planning staff and would create unintended
negative consequences.
96
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.
7:40 p.m. 1. Non-Agenda Items (limit three minutes)
7:45 p.m. 2. Approval of Minutes 99
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98
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/04/08
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 January 22, 2008 Water and Sewer District regular meeting.
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.
99