2010-03-01 RM Exhibits NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WILMINGTON KIWANIS CLUB DAY Exhibit S,
T Book XMIllPap,,.
PROCLAMATION
WHEREAS,Kiwanis International is dedicated to changing the world, one child and one community
at a time,with approximately 5,000 clubs nationwide, adult membership in excess of 260,000, and
youth membership in excess of 320,000, and
WHEREAS, the first Kiwanis Club in the United States was formed in Detroit, Michigan on January
21, 1915, and
WHEREAS, the Kiwanis Club of Wilmington, Inc. was formally organized on March 10, 1920 and
officially chartered on May 27, 1920 with 105 members;and
WHEREAS, the core purpose of the Kiwanis Club of Wilmington, Inc. is to improve lives through
fellowship in service with the mission to offer service and leadership opportunities to those who desire
to serve the needs of children,youth,and adults in our conununity: and
WHEREAS, the Kiwanis Club of Wilmington. Inc. sponsors the Key Club at New Hanover High
School and the Circle K Club at UNM and
WIfE REAS, the Kiwanis Club of Wilmington, Inc. for thirteen years exclusively sponsored and
financed the Brigade Boys Club, which opened on July 1, 1921 and has contributed over $695.000 to
the Brigade Boys and Girls Club as it is presently known; and
WHEREAS, the Kiwanis Club of Wilmington. Inc., among other initiatives, also sponsors Mother
Hubbard's Cupboard, the Cribs for Kids Program, the Big Buddy Program, scholarships at both the
University of North Carolina at Wilmington and Cape Fear Community College, and the Reading Is
Fundamental Program, and
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Conunissioners that Wednesday, March 10, 2010 be designated as KIWANIS CLUB OF
WILMINGTON, INC. DAY in recognition of ninety years of contributions to the New Hanover
County conununity.
ADOPTED this the 151 day of March,2010.
NEW HAN VER COUNTY
b r Jasor R.Th son,Chairnian
'I ATTEST:
Sheila L. Schult,Clerk to the Board
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AGENDA: March 1,2010 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook W111 Paged.._
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-44
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-44 be made to the annual budget ordinance for the
fiscal year ending June 30,2010.
Section 1: Details of Budget Amendment:
Fund: Mason Inlet Relocation
Department: Finance
Expenditure: Decrease Increase
-Capital Project Expenditures $356,671
Total $356.671
Revenue: Decrease Increase
Transfer in from Special Revenue Fund $356,671
Total $356 671
Section 2: Explanation
This budget amendment is for expenses related to year eight of the Mason Inlet Relocation project and the
on-going required maintenance and monitoring contracts.
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 2010-44, amending the
annual budget ordinance for the fiscal year ending June 30,2010,is adopted.
Adopted,this day of 2010.
OVNTY.�v
O n
y� �2
Jason R,Thompson,Chairman
Shei cult,Clerk to the Board
Exhibit
Book Page S
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
HONORING COMMUNITY PARTNERS AND CELEBRATING
100 YEARS OF SCOUTI.NG
WHEREAS, the success of Scouting for Cub Scouts, Boy Scouts, and Venturing depends on our
community organization-, and
WHEREAS, there are churches and synagogues, schools and parent-teacher associations,
service and fraternal clubs, and other community organizations that have been chartered in our
area by the Boy Scouts of America to use the Scouting program; and
WHEREAS, the volunteer Ieaders selected by these chartered organizations are performing an
outstanding service for hundreds of boys and young men and women; and
WHEREAS, for 100 years, the Boy Scouts of America has created a strong foundation of
leadership, service, and community for millions of America's youth; and
WHEREAS, the Cape rear Council of Boy Scouts of America, will "Celebrate the Future and
Continue the Journey" of scouting during the annual Cape Fear Scout Show to be held at Hugh
MacRae Park March 5-7, 2010; and
WHEREAS, the event includes a service project for the park, demonstrations of various
scouting activities, a gathering of Eagle Scouts, and a Graduation Campfire for Cub Scouts to
Boy Scouts.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners congratulates Boy Scouts of America on its 100`x' Anniversary and urges our
citizens to join in our appreciation to the community organizations and their volunteer Scout
leaders, for bringing this values-based program to our young people.
ADOPTED this the I st day of March, 2010.
F{ ,' NE HA V CO Ty
- <
11r F Jasoi R. Thompson, Chairman
ATTEST
Sheila L. Schult, Clerk to the Board
Off}N TY.
' �0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
O — 230 GOVERNMENT CENTER DRIVE, SUITE 175 •WILMINGTON, NC 28403
�7 4y c910)798-7149•(910)798-7145 FAX•WWW.NHCGOV.COM
� 0
r
wy a? Jason R.Thompson,Chairman-Jonathan Barfield,Jr.,Vice-Chairman
Robert G.Greer,Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner
•� Bus HE9♦ Sheila L Schult,Clerk to the Board
Exhibit
Book XXX! (( Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD BID FOR THE PURCHASE OF ONE (1) CUSTOM PUMPER
WHEREAS,after due advertisement,bids were received and publicly opened by the Purchasing Supervisor at
2:00 PM, Thursday. February 4, 2010, in the New Hanover County Finance Office, Suite 165, Conference
Room 502 located at 230 Government Center Drive,Wilmington NC,and the following bid was received for
one (1) Custom Pumper with the option to purchase additional units, RFB # 10-0296: and
Triad Fire, Inc. 2009 Engine S542,909
Triad Fire, Inc. 2010 Engine $550,911
WHEREAS,NC General Statutes require three bids only for construction or repair contracts in the formal
bidding range and no minimum number of bids for purchase contracts, therefore, the bid was opened at the
appointed time and read aloud: and
WHEREAS, staff reviewed the bid and recommends that the County purchase the pumper with the 2009
engine and award the bid to Triad Fire, Inc. in the amount of$542,909; and
WHEREAS, budget amendment 10-166 has been prepared and is for accounting purposes to record and
budget the financing proceeds and is submitted for approval as part of this request.
NOW,THEREFORE,BE IT RESOLVED that the New Hanover County Board Commissioners approves
contract# 10-0296 and bid award for the purchase of one(1)Custom Pumper for Fire Services to be awarded
to Triad Fire,Inc.,in the amount of$542,909 and the approval of the associated budget amendment and hereby
directs the County Manager to execute contract# 10-0296, contract form to be approved by the County
Attorney.
ADOPTED this the I"day of March, 2010.
Ny4k HA l LINTY
ti1S3T`}'.� tk
Jason R Thompson, Chairman
Z. ry ATTEST:
Sheila L. Schult, Cleric to the Board
Exhibit
Book X Paget
AGENDA: March 1,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-166
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-166 be made to the annual budget ordinance for the
fiscal year ending June 30, 10 10.
Section 1: Details of Budget Amendment:
Fund: Special Fire Service District
Department: Fire Services Operations
Expenditure: Decrease Increase
Fire Services Operations:
Capital Outlay-Motor Vehicle $542,909
Total $542,909
Revenue: Decrease Increase
Fire Services Operations:
Installment Loan Proceeds $542,909
Total $542,909
Section 2: Explanation
In the Adopted FY 09-10 Budget, the Board approved the purchase of a Custom Fire Pumper by financing
through a lease purchase agreement. This budget amendment is only a book entry necessary to record the
revenue and expenditure.
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 10-166, amending the annual
budget ordinance for the fiscal year ending June 30,2010,is adopted.
GOVN Y' ted,this �'S day of F``� � 2010.
w
p (S
p�` e V Jason R. ompson,Chairman
Sheila L.Schult,Clerk to the Board
Exhibit
Book XX XI(I Page..
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969, AND SUBSEQUENTLY AMENDED
A-384A (2/10)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969. as
amended be, and the same is hereby further amended to read as follows in the section(s) noted:
Make the following changes to the ordinance:
(Remove language struck through and add language in red.)
The following language shall be added to the Zoning Ordinance:
Article V: District Regulations
Section 50: Establishment of Use District
50-1: For the purposes of this ordinance, portions of the unincorporated area of New Hanover
County are hereby divided into the following districts:
R-20S Residential District (12/7/81)
R-20 Residential District
R-15 Residential District
R-10 Residential District
PD Planned Development District (8/20/84)
B-1 Business District
B-2 Business District
I-1 Industrial District
I-2 Industrial District
Shopping Center District
O&I Office and Institutional District
AR Airport Residential District (10/4/76)
Al Airport Industrial District (10/4/76)
COD Conservation Overlay District (12/1/84)
RA Rural Agricultural District (07/01/85)
SHOD Special Highway Overlay District (12/3/86)
RFMU Riverfront Mixed Use District (3/12/07)
EDZD Exceptional Design Zoning District 11/2/09)
50-3: Conditional Use District Classifications (1/2/90)
All existing zoning districts, except PD, Planned Development, EDZD, Exceptional Design
Zoning District. and SC, Shopping Center, shall also be designated CD, Conditional Use
A-384A Page 1 of 6
Districts, as established by the County Commissioners. Each new conditional use district is
considered a separate zone and is not mapped until a conditional use district rezoning-, and special
use permit has been issued. All conditional use districts shall be indicated by CD followed by the
general zoning district classification, as follows:
Section 67: Landscaping
6713-2: Applicability - In order to meet the above functions, landscaping shall be required for the
purposes of:
(1) Buffering adjoining and competing land uses;
(2) Landscaping parking lots with five or more parking spaces or those areas 2500 square
feet or more devoted for vehicular use;
(3) Retaining existing trees in all residential subdivisions of more than 5 lots, on High-
Density development, in an Exceptional Design Zonini District, or within a Planned
Development; and commercial, office and institutional, and industrial developments.
(4/2/90)
Landscaping for the above three (3) types of projects shall meet the general landscaping
performance standards specified in Section 6713-3: Additional performance standards. as
applicable, shall also be met for buffer strips (Section 6713-4), parking lots (Section 6713-
5) street yards (Section 6713-10), and foundation plantings (Section 6713-11).
67B-4: Additional Requirements for Berens and for Yards in which Buffers are Required
Buffer strips are designed to protect adjoining land uses, particularly residential, from the
noise, heat, dust, lights, threats to privacy, and aesthetic impacts from more intense land-
uses. Buffer strips shall be required along all property lines adjacent to a residential use
or district, except where a reduced building setback precludes placement of a buffer strip
in situations where the adjoining property contains a nonresidential use on residentially
zoned property, such as a church or school. The more intense land use shall be required to
provide the buffer as part of its yard requirements. The following requirements shall be
met for buffer strips and the yards in which buffers are required:
LtLLocation of buffer strips - Buffer strips shall be required to screen any non-residential use
from any residential use or district. Buffer strips shall also be required to screen any
residential use or district from any attached housing development or mobile home park or
High Density Development, or Planned Development. However, no buffer will be
required for high density detached lots provided lots equal or exceed 5000 square feet.
Buffer strips shall be required only along the perimeter boundary of an EDZD. (3/1/10)
A-384A Page 2 of 6
6713-10: Street Ward Landscaping
(1) A street vard, as defined herein, must be provided for new construction of principal
structures or for expansions to existing structures or used whenever additional off-street
parking is required. However no street yard improvements shall be required for those
portions of lot frontage used for driveways constructed in accordance with County or
State driveway regulations.
(2) It is intended that street yards be landscaped by meeting the requirements of either the
following Minimum Standard or Creative Standard.
(A) Minimum Standard: For every 300 sq ft of streetyard area, the streetyard shall
contain:
(1) One Canopy/Shade tree, (3"caliper) minimum or 3 understory story
trees, six ft in height, only when overhead power lines exist above the
streetyard; and
(2) Six shrubs, 12" in height at planting.
(B) Areas designated for storinwater functions except piped areas shall not be
included in the calculation of streetyard square footage.
(3)No more than 15% of the required street yard shall be covered with an impervious
surface. This portion of the street yard may be used for walkways, fountains, walls or
fences but no parking areas shall be pennitted in these designated areas.
(4) If there are existing trees in the proposed streetyard, the County Zoning Administrator
may grant credit toward meeting tree preservation requirements, provided their caliper is
at least 2" or more. In addition the Zoning Administrator may require the saving of any
regulated tree in the streetyard area.
Zoning District Streetyard Factor Max Min
B-2, I-1, I-2, A-I 25 37.5 12.5
B-1, 0&1, EDZD, 18 27 9
High Density
Non-Residential 12 18 8
uses in Residential
Districts
A-384A Page 3 of 6
Section 69.3: Homeowners Associations
The following requirements shall apply whenever a homeowners association is established for
Performance Residential, Exceptional Design Zoning Districts, and High Density Developments:
(1) When a plat or snap is to be recorded, the maps or plat shall contain a Certificate
indicating the book and page number of the homeowners association covenants,
conditions and restrictions. (11/831)
(2) Responsibilities for maintenance of private streets, open space, recreation facilities,
and other common areas shall be specified.
(3) Responsibilities for exterior maintenance of attached dwelling units shall be specified.
(4) The Association shall be authorized to rebuild damaged or destroyed portions of
structures containing attached dwelling units when the individual owner fails to do so.
(1/4/82)
Section 107: Certificate of Occupancy
107-3: A Certificate of Occupancy shall not be issued for any dwelling unit in a Performance
Residential, Exceptional Design Zoning; District, High Density Development, or Planned
Development until such time as a homeowners association meeting the requirements of Section
69-3 of this Ordinance has been established, and the necessary documents recorded at the
Register of Deeds.
ARTICLE XI: AMENDMENTS
Section 110: Amending the Ordinance (112190)
110-1: For the purpose of promoting health, safety, morals or the general welfare, the
County Commissioners may amend the text regulations and zoning map
according to the procedures in this article for certain types of zoning map
changes. Additional provisions in other Sections of the zoning Ordinance listed
below also apply:
(1) Planned Development District - See Section 53.5.
(2) Shopping Center District- See Section 58.
(3) Conditional Use District- See Section 59.7.
(4) Riverfront Mixed Use District— See Section 59.9
(5) Exceptional Design Zoning District—See Section 53.6
A-384A Page 4 of 6
The following language shall be removed from the Zoning Ordinance:
59.9-2: Mix of uses
(1) All RFMU developments must contain uses from at least two of the following
categories:
(A) Residential
(B) Office
(C) Commercial
(D) Institutional, quasi-public, public
(E) Entertainment and lodging
(2) The total floor area of any RFMU development shall constitute no less than five (5)
percent of non-residential uses.
(3) Single-story structures shall not exceed twenty-five (25) percent of the gross building
footprint of all buildings within any RFMU development.
(4) All buildings greater than thirty-five (35) feet in height must incorporate more than
one use.
(5) All buildings with riverfront and right-of-way facing facades shall incorporate non-
residential uses on no less than fifty (50) percent of the ground floor. Parking shall not be
used to satisfy any part of this requirement.
I
(6) The r-equirements 4;3F mi* of uses i:nav be waived by the Teelhqieal Review Gaimn—i
tTl7f i for-projects of pt t deSHM -.,
72-38: Residential Uses within Commercial Districts - A dwelling unit or units may be permitted
in the B-1 or B-2 commercial Districts provided: (12/3/01)
(1) The dwelling units are part of a mixed use development established to provide
innovative opportunities for an integration of diverse but compatible uses into a single
development that is unified by distinguishable design features with amenities and
walkways to increase pedestrian activity. Such a development shall be in single
ownership or unified control of a property owners association.
(2) Uses within the development are restricted to residential and B-1 neighborhood
business uses.
(3) A conceptual elevation indicating proposed architecture style shall be provided.
(4) Sidewalks must be provided throughout the project.
(5) Parking location and quantity should be shared.
(6) Community facilities and/or Common area shall be provided.
A-384A Page 5 of 6
(7) A conceptual lighting plan must be pro',,ided.
(8) Residential uses are pennitted and encouraged in the same building as commercial
uses.
develapiiien� is located inside tlqe urban serviees boundary, provides a minimuin tit'2 5
per-Nious area. and is exceptionally designed. Exeeptionally designed pf&et
hall red ,,c..
ccrac
FURO940M imper-N'ious suffaees through porous paving and,'ei- inAltr-ation deN iees as-
ging f uneff with at least ane of more of the following ;A- t f- q 14N- s!
Section 2. Any ordinance or any part of any ordinance in conflict �i,ith this ordinance, to the
extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land
use plan, reasonable and in the public interest to clarify outdated language in the zoning
ordinance.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the I" day of March, 2010.
Jason . Thompson, Chairman
,OGOr1TY•�bO
R
ell
s 9 Attest:
Sheila L. Schult, Clerk to the Board
A-384A Page 6 of 6
Exhibi X fr Page
Book ..._.�-
AGENDA: March 1,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-184
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-184 be made to the annual budget ordinance for the
fiscal year ending June 30,2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Board of Elections
Expenditure: Decrease Increase
Board of Elections:
Supplies $7,301
Total $7,301
Revenue: Decrease Increase
Board of Elections:
Grant—Federal/State HAVA Grant $7,301
Total $7,301
Section 2:Explanation
To budget an award of$7,301 of Help Americans Vote Act (HAVA) Department of Health and Human
Services grant received from the North Carolina State Board of Elections. The funds will be used to help
make New Hanover County polling places accessible to voters with the full range of disabilities.
Specifically, the funds will be used to upgrade our curbside call bell systems. There is no County match
required.
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 10-184, amending the annual
budget ordinance for the fiscal year ending June 30,2010, is adopted.
Adopted,this�S day of��,2010.
�. N
Jason R Thompson,Chairman
i.
Shea a L. Schult,Clerk to the Boar
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA Castle Hayne
OF NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED July 1, 1985 Zoning B ok
Section • Page
CASE: Z-901, 02/10
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH
ORDAIN:
Section 1. The Zoning Map of Zoning Area Castle Hayne is hereby amended by
removing the hereinafter described 1.58 acre tract at 5233 Castle Hayne Road from the
Rural Agricultural (RA) District and placing it in an Office and Institutional (O&I)
Zoning District, said lands being tax parcel number RO 1100-0 11-006-000 and described
in the deed as follows:
BEGINNING at the point of intersection of the southern line of Garden Place Road
(60.0 foot right-of-way) and the western line of U.S. Highway No. 117. Running
thence from said point of beginning with the western line of U.S. Highway No. 117,
South 24 degrees 31 minutes West 337.40 feet to a point;thence North 65 degrees 29
minutes West 240.50 feet to a point; thence North 23 degrees 22 minutes East
(approximately 220 feet) to a point in the southern line of Garden Place Road
(reference being made to Map Book 9 at Page 1 of the New Hanover County Registry
for the location of such road);and thence with the southern line of Garden Place Road
North 89 degrees 32 minutes East(approximately 276 feet)to the point of beginning.
Being a part of Farms M and Q.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area Castle Hayne on file in the office of
the County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover,North Carolina, and shall
be in full force and effect from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS
153A-341, that this zoning map amendment of approximately 1.58 acres from RA Rural
Agricultural district to Office and Institutional (O&I) district is:
Z-901 Page 1
A. Consistent with the purposes and intent of the Community land classification;
land use policy 4.1 adopted in the 2006 CAMA Land Use Plan; and the 2008
Castle Hayne Community Plan.
B. Reasonable and in the public interest to allow transition of land use from a low
density residential rural agricultural district along an arterial roadway to Office
and Institutional use.
Adopted the 1st day of March, 2010.
Jason Thompson, Chairman
9
Y
Attest:
z of
Sheila L. Schult, Clerk to the Board
Z-901 Page 2