2010-04-06 RM Exhibits a
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GOVN+Y•�O
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
} O n 230 GOVERNMENT CENTER DRIVE, SUITE 175 .WILMINGTON, NC 28403
> (910) 798-7149-0107-98-7145 FAX• WWW,NHCGOV.COM
O
Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman
Robert G.Greer.Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner
FsTgeersHE�v� Sheila L.Schult`Clerk to the Board
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NEW HANOVER COUNTY BOARDS OF COMMISSIONERS
RESOLUTION Exhib �t �
Book .Page..:
3
WHEREAS, North Carolina General Statute 105-286 requires the Board of County
Commissioners to adopt an effective date for the next countywide revaluation which must be
conducted every eight years or sooner; and
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WHEREAS,the last countywide revaluation was effective on January 1, 2007; and
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WHEREAS, the New Hanover County Board of Commissioners adopted a resolution to
advance the countywide revaluation to every four years and be effective January 1, 2011 on
March 10, 2008.
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NOW, THEREFORE, the New Hanover County Board of Commissioners herby resolves that
the next countywide revaluation be postponed and be effective January 1, 2012.
ADOPTED this the 6ffi day of April, 2010.
W H R COUNTY
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wG oR�y Jason . Thompson, Chairman
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E�Y.f6Llgtl���,
Sheila L. Schult, Clerk to the Board
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Exhibit
Book C11.[Page
AGENDA:April 6,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-193
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-193 be made to the annual budget ordinance for the
fiscal year ending June 30,2010.
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Section 1: Details of Budget Amendment:
Fund: General Fund
5 Department: Social Services/Child Daycare
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Expenditure: Decrease Increase
DSS/Child Daycare:
Daycare Services $284,690
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Total $284,690
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Revenue: Decrease Increase
DSS/Child Da care:
Grant—State—Daycare $284,690
Total $284,690
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{ Section 2:Explanation
To budget an additional allocation of state funds to be used to provide child day care services. There are
j currently just over 850 children on the DSS daycare wait list.There is no County matching requirement.
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 10-193, amending the annual
budget ordinance for the fiscal year endin June 30,2010,is adopted.
i
! NTY• dopted,this_ day of 9 ,2010.
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Jason R. hompson,Chairman
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Sheila L. chult,Clerk to the Board
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Exhibit
j Book XXX I 11,Page ll„3,
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AGENDA:April 6,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
` AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-194
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
a Carolina, that the following Budget Amendment 10-194 be made to the annual budget ordinance for the
i fiscal year ending June 30,2010.
! Section 1:Details of Budget Amendment:
Fund: General Fund
Department: Social Services/Administration and Energy Assistance
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Expenditure: Decrease Increase
DSS/Energy Assistance:
Assistance Payments $183,382
i
Total $183,382
Revenue: Decrease Increase
DSS/Administration:
1571 Funds-Federal/State $183,382
Total $183,382
Section 2:Explanation
To budget an additional Federal allocation of crisis intervention program(CIP)funds of$183,382
a for energy assistance payments.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 10-194, amending the annual
budget ordinance for the fiscal year ending June 30,2010, is adopted.
t4TY•n odopted,this day of 2010.
%, a2
'd Jason R.t9hompson,Chairman
Sheila L.Schult,Clerk to the Board
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s Exhibit
Book Mill Page
AGENDA:April 6,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-195
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
,l Carolina, that the following Budget Amendment 10-195 be made to the annual budget ordinance for the
4
i fiscal year ending June 30,2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
' Department: Social Services/ARRA
Expenditure: Decrease Increase
I DSS/ARRA:
Daycare Services $254 006
i
Total $254,006
Revenue: Decrease Increase
DSS/ARRA:
i
Grant-Federal $254,006
Total $254,006
i
Section 2: Explanation
I To budget an additional allocation of Federal ARRA Stimulus funds for Child daycare services.
g There are currently just over 850 children on the DSS daycare wait list.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 10-195, amending the annual
budget ordinance for the fiscal year ending June 30,2010,is adopted.
'3NTY• pted,this� ` day of 2010.
GO RT
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Sheila .Schult,Clerk to the Board
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Exhibit
Book W111 Page g• 5d-
AGENDA:April 6,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-197
a
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-197 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: Library/Partnership for Children
Expenditure: Decrease Increase
Library/Partnership for Children:
Supplies $680
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Total $680
Revenue: Decrease Increase
`
Library/Partnership for Children:
( Grant—State—Raising a Reader program $680
i
Total $680
Section 2: Explanation
The Library/Partnership for Children has received an additional $680 for the Raising a Reader Program.The
funds will be used for supplies and incentives for the program. The previous allocation was$4,780,and the
new allocation is$5,460.
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 10-197, amending the annual
budget ordinance for the fiscal year ending June 30,2010,is adopted.
vN Adopted,this _day of 2010.
TY(S �
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ti ason R.Th pson,Chairman
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Sheila L. cult,Clerk to the Boar
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AGENDA:April 6,2010 Exhibit Book Fine
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Baok�_ g 3 e
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-202
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-202 be made to the annual budget ordinance for the
fiscal year ending June 30,2010.
F
i Section 1: Details of Budget Amendment:
I Fund: General Fund
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1 Department: Health/Diabetes Prevention&Self Management
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Expenditure: Decrease Increase
Health/Diabetes Prevention&Self Management:
Salaries and Wages $1,157
Temporary Salaries 4,331
Social Security Taxes 420
Retirement—Local Government 57
Medical Insurance 329
Long Term Disability Insurance 3
Contract Services 250
Supplies 533
Supplies—Computer&Other 2,200
Employee Reimbursements 50
Training and Travel 75
9
Total $9 405
Revenue: Decrease Increase
Health/Diabetes Prevention and Self Management:
Grant— State - Office of Minority Health & Health $9,405
s
Disparities
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Total $9,405
' Section 2: Explanation
The New Hanover County Health Department has been awarded a 3-year grant from the Office of Minority
Health and Health Disparities for a Community-Focused Eliminating Health Disparities program.$90,000 of
the award funding is for the first year's service period, June 2010 through May 2011. This budget
amendment for $9,405 reflects the amount needed for the remainder of FY09-10 (June 1 through June 30,
2010).The remaining grant award of$80,595 will be budgeted for FY10-I I (July 1,2010 through May 31,
2011).
The award will support part-time positions for a registered nurse, dietician, and administrative support
technician. The program will focus on educational awareness, prevention, screening, and disease self
management for Diabetes.No matching funds are required.Positions and programs will be eliminated once
funding has ended.The Board of County Commissioners approved applying for this grant at their
December 7,2009,meeting.
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 10-202,amending the annual
bud ordinance for the fiscal year endin June 30,2010,is adopted.
Ty. i
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ed,this_S0. day of _'201 0.
ewe' \ y ,
O n
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Jason R,Th pson,Chairman
Sheila L.Schult,C erk to the Bofird
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g Exhibit
AGENDA:April 6,2010 Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
1
BY BUDGET AMENDMENT 10-207
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-207 be made to the annual budget ordinance for the
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fiscal year ending June 30,2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
f Department: Health/WIC Region Lactation Training Center
Expenditure: Decrease Increase
HealthMC Region Lactation Training Center:
I Salaries and Wages
$1,554
Cell Phone Allowance-Taxable 50
y Social Security Taxes 119
d Retirement—Local Government 76
? Medical Insurance 479
Long Term Disability Insurance 3
s
Supplies 2,200
s
Supplies—Computer and Other
2,650
Cellular Expense 44
Employee Reimbursements 40
Training and Travel 500
1
Postage 20
Printing 222
Total $7 957
.a Revenue: Decrease Increase
' Health/WIC Region Lactation Training Center:
y
Grant—State—WIC Program,Nutrition Services $7,957
1 Division
Total $7,9
Section 2:Explanation
The New Hanover County Health Department has been awarded a 3-year grant from the WIC Program,
Nutrition Services Division,to establish a Regional WIC Lactation Training Center in Perinatal Region V.
$60,000 of the award funding is for the first year's service period,June 2010 through May 2011.This budget
amendment for$7,957 reflects the amount needed for the remainder of FY09-10 (June l through June 30,
2010).The remaining grant award of$52,043 will be budgeted for FY10-11 (July 1,2010 through May 31,
2011).
This award will support a 0.5 Public Health Nurse, who will plan and provide this training. The Training
Center will provide initial core training for newly-hired WIC breastfeeding peer counselors, as well as
lactation management training and continuing education.No County matching funds are required. Positions
funded by this grant will be eliminated when the grant funding ends. The Board of County Commissioners
approved applying for this grant at their February 15,2010,meeting.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Gp nty,North Carolina,that the Ordinance for Budget Amendment 10-207,amending the annual
ud et or cc for the fiscal year ending June 30,2010,is adopted.
y
O Ado ,this day of ` ,201
O
n
Jason R. hompson,Chairman
Sheila L.Schult,Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL COUNTY GOVERNMENT MONTH PROCLAMATION
April 2010 EXhlbft
"Healthy Counties" Book //I Pale
WHEREAS, the nation's 3,068 counties provide a variety of essential public services to
communities serving 300 million Americans; and
WHEREAS, New Hanover County and all counties take seriously their responsibility to
protect and enhance the health, welfare and safety of its residents in sensible and cost-
effective ways; and
WHEREAS, county governments are integral to America's healthcare system and are
unique in their responsibility to both finance and deliver health services through public
hospitals and clinics, local health departments, long-term care facilities, mental health
services and substance abuse treatment, and coverage programs for the uninsured; and
WHEREAS, as employers, counties provide health insurance benefits to nearly three million '
county employees and their retirees nationwide; and
WHEREAS, the National Association of Counties is the only national organization that
represents county governments in the United States; and
WHEREAS, since 1991 the National Association of Counties has encouraged counties
across the country to actively promote county government programs and services to raise
public awareness and understanding about the roles and responsibilities of the nation's
counties to meet the needs of the community; and
WHEREAS, the National Association of Counties and New Hanover County are working
together to "Restore the Partnership" among all levels of government to better serve
American communities.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 2010 be recognized as "National County Government Month" in New
Hanover County. All New Hanover County officials, employees, and residents are
encouraged to participate in county government in this month-long celebration.
ADOPTED this the 6a'day of April,2010.
W COUNTY
Jaso R.Thompson,Chairman
EST:
ISheila L. Schult,Clerk to the Board
1 OvNTY.�
0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
p 230 GOVERNMENT CENTER DRIVE, SUITE 175 'WILMINGTON, NC 28403
> (910)798-7149•(910)798-7145FAX-WWW.NHCGOV.COM
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3 �
# �2 Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman
? Robert G.Greer,Commissioner-William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner
`'7+eLr5r+E° Sheila L.Schult,Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT TO USE ONE-FOURTH CENT gook��Cxxr�I Page _
SALES TAXES TO FUND QUALITY OF LIFE EXPENSES
WHEREAS, N.C. General Statutes 105-535 allows the County Commissioners to levy an additional
one-fourth cent sales tax upon approval of a referendum by a majority of the voters; and
4
WHEREAS, the County Commissioners have placed the question of the one-fourth cent sales tax on the
May 4, 2010 ballot; and
WHEREAS, the County Commissioners are facing difficult budget choices due to expenses pertaining to
unfunded mandates and declining revenue due to the current economic conditions; and
WHEREAS, while there are certain programs the County Commissioners are mandated to provide, the
County Commissioners are not mandated to provide quality of life programs such as parks, libraries,
museums, senior citizens and veterans programs, outside agencies; and
3 WHEREAS,the County Commissioners have limited options for increasing revenue, and
WHEREAS, quality of life programs which greatly enhance the well-being of County residents and are
an important tool in attracting visitors and future industry to the County are at risk; and
WHEREAS, the sales tax will be paid by visitors as well as residents, allowing visitors to participate in
funding County services.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
will use proceeds from the additional one-fourth cent sales tax to provide services which enhance our
y quality of life.
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ADOPTED this the 6"`day of April,2010.
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O 71 Jason R. ompson, Chairman
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Fy'T+aus►tt°��� Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSION ,,X l It
Book X t t (page
THE WEEK OF THE YOUNG CHILD PROCLAMATION
WHEREAS, Smart Start of New Hanover County, in conjunction with the National
Association for the Education of Young Children, is celebrating The Week of the Young
Child April 11-17, 2010, the theme of which is "Early Years are Learning Years CR?;" and
WHEREAS, since 1997, as a private/public non-profit corporation, Smart Start of New
Hanover County has provided support to community members, agencies, businesses,
schools and child care facilities for health access and information, family support
services, and access to affordable, safe, and high quality early care & education in
Wilmington; and
WHEREAS, science clearly shows that the foundation for a child's capacity to learn is
mostly established in the first three years of life, through meaningful experiences and
nurturing interactions; and
WHEREAS, we, as adults, are behavioral models and can teach our children, from the
earliest age, the skills to handle conflict in a peaceful manner, and we know this to be a
most effective form of violence prevention; and
WHEREAS, our community's future social and economic prosperity depends on the
quality of early childhood experiences provided to our youngest children today, and high
quality early care and education services represent a worthy societal commitment and
investment.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 11-17, 2010 be recognized as "The Week of the Young Child"
in New Hanover County. All citizens are urged to recognize and support the needs of our
young children.
ADOPTED this the 6h day of April, 2010.
NEW HANOVER COUNTY
Jason . Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
?"vur'NUSt++
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
i
SEXUAL ASSAULT AWARENESS MONTH 2010
PROCLAMATION ExMI
Book Page .
WHEREAS, sexual violence touches the lives of all New Hanover County citizens,
whether as a victim or as a family member, significant other, neighbor, friend, or co-
worker of a survivor; and
WHEREAS, Rape Crisis Center staff and dedicated volunteers served more than 400
new sexual violence victims and loved ones in the past year providing free and
confidential support, advocacy and counseling 24 hours a day, 7 days a week and 365
days a year; and
WHEREAS, sexual violence is preventable, it is crucial for every resident of New
Hanover County to take responsibility for making our community free of sexual violence
through meaningful education and the expression of values and norms that promote the
safety and dignity of all.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 2010 be recognized as "Sexual Assault Awareness Month" in
New Hanover County. The Board pledges to take action and ask our citizens,
professional and volunteer, to take action now to assist Rape Crisis Center's untiring
efforts to eliminate sexual violence from our families, our neighborhoods, and our
community.
ADOPTED this the 6th day of April, 2010.
NEW HANOVER COUNTY
y
Jason R Thompson, Chairman
TTEST:
ir9
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
EXnian itl
SPRING LITTER SWEEP 2010 Book.,_Pape
PROCLAMATION
WHEREAS, the North Carolina Department of Transportation organizes an annual spring statewide
roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the Spring 2010 LITTER SWEEP roadside cleanup will take place April 17 - May 1,
2010, and encourages local governments and communities, civic and professional groups, businesses,
churches, schools, families, and individual citizens to participate in the Department of Transportation
cleanup by sponsoring and organizing local roadside cleanups; and
WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department
of Correction inmates and community service workers, local government agencies, community
leaders, civic and community organizations, businesses, churches, schools, and environmentally
concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of
appreciation for their participation; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride
for all North Carolinians, attracting tourists and aiding in recruitment of new industries; and
WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the
importance of not littering, and encourage recycling of solid wastes; and
WHEREAS, the Spring 2010 LITTER SWEEP cleanup will celebrate the 22nd anniversary of the
North Carolina Adopt-A-Highway program and its 5,750 volunteer groups that donate their labor and
time year-round to keep our roadsides clean; and
WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children of this great state
regarding the importance of a clean environment to the quality of life in North Carolina.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 17 - May 1, 2010 be recognized as "Litter Sweep" time in New Hanover
County and that all citizens are encouraged to take an active role in making their communities
cleaner.
ADOPTED this the 6th day of April, 2010.
- N H U OUNTY
Jason R. hompson, Chairman
AT ST:
Sheila L. Schuh, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
GREAT AMERICAN CLEANUP 2010 PROCLAMATICb(hl
Book.)W Pale b b
WHEREAS, Keep America Beautiful, Inc., is a national nonprofit organization dedicated to
helping individuals improve their community environments, and has established the Great
American CleanupTm as its signature national effort for involving American citizens in
environmental stewardship; and
WHEREAS, Keep America Beautiful's Great American Cleanup is celebrating its 26th
Anniversary in 2010, featuring over three million volunteers participating in over 30,000 events
in over 32,000 communities in all 50 states; and
WHEREAS, Keep America Beautiful of New Hanover County is supplying cleanup and
beautification materials to schools throughout New Hanover County and is promoting a
community beach cleanup with Cape Fear Surfrider on April 17th from 9 a.m. to 1 p.m. at
Wrightsville Beach and Carolina Beach; and
WHEREAS, the County of New Hanover is proud of its natural resources and its neighborhoods
and seeks to protect and improve our community through the action of citizens, schools,
government and businesses working together; and
WHEREAS, the New Hanover County Commissioners have recognized the important
commitment to improve American communities through litter prevention, beautification and
solid waste management initiatives, and are committed to help spread the word about the
importance of volunteerism and motivate everyone in our communities to become stewards of
the environment.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 2010 be recognized as "Keep America Beautiful's Great American
CleanupTM Month" in New Hanover County. The Board calls upon our citizens to join in
activities that promote responsible environmental stewardship and help us renew our
commitment to building a better world today and for future generations.
ADOPTED this the 6`h day of April, 2010.
r
NEW HANOVER COUNTY
t
Jason R. Thompson, Chairman
°- A EST:
Sheila L. Schult, Clerk to the Board
law
III 1 11,1100,111111111111111111 111, 11111111111111111111
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
PROCLAMATION WIN
Book!M=Page�_
WHEREAS, emergencies that require police, fire, or emergency medical services can occur at anytime;
and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters,
and paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our emergency personnel is dependent upon the quality and accuracy of
information obtained from citizens who telephone the New Hanover County Public Safety
Communications Center; and
WHEREAS,public safety telecommunicators are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, public safety telecommunicators are a vital link for our law enforcement officers and
firefighters by monitoring their activities by radio, providing them information, and insuring their safety;
and
' I
WHEREAS, public safety telecommunicators have contributed substantially to the apprehension of
criminals, suppression of fires, and treatment of patients; and
WHEREAS, each telecommunicator has exhibited compassion, understanding, and professionalism
during the performance of their job in the past year; and
WHEREAS,the first emergency 9-1-1 call in New Hanover County was made in May 1982.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners ,
that the week of April 11-17, 2010 be recognized as "National Telecommunicators Week" in New
Hanover County, in honor of the men and women whose diligence and professionalism keep our county
and its citizens safe.
,
ADOPTED the Oh day of April, 2010.
NEW HAN VE OUNTY
Jason R. hompson, Chairman
i
,
r ATTEST:
Sheila L. Schult, Clerk to the Board
iiiiiillll ML
3 �}NTY.
,w4° '� °�, NEW HANOVER COUNTY BOARD OF COMMISSIONERS
t 230 GOVERNMENT CENTER DRIVE. SUITE 175 .WILMINGTON, NC 28403
y (910)798-7149•(910)798-7145FAX• WWW.NHCGOV.COM
� O
y �Z Jason R.Thompson,Chairman-Jonathan Barfield,Jr.,Vice-Chairman
Robert G.Greer,Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner
",TT'18lIswl) Sheila L.Schult,Clerk to the Board
s
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION EXhlbft
Book M 11I Page $0
AUTHORIZING THE APPROPRIATE COUNTY OFFICERS TO FILE A REQUEST FOR
REALLOCATION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BOND
ALLOCATION
WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 1115-5)
t (ARRA) modifies the Internal Revenue Code of 1986, as amended (the Code) to authorize,
among others, two new types of bonds entitled "recovery zone economic development bonds"
i and "recovery zone facility bonds"; and
c
WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build
s America bonds (as defined in Section 54AA(d) of the Code), issued under provisions of ARRA
that have been codified as Section 140OU-2 of the Code, the proceeds of which are to be used for
qualified economic development purposes in a recovery zone; and
4
WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds
entitled "recovery zone facility bonds" in Sections 1400U-1 and 140OU-3 of the Code to finance
construction, renovation, or acquisition of depreciable property by a private taxpayer of a
qualified business in a recovery zone, with "qualified business" defined to include any trade or
business other than residential rental property and certain prohibited uses outlined in the Code;
and
t
WHEREAS, NCAC Chapter 01, Subchapter 0 1 H Section .0400 - .0404 established procedures
for recovery zone bonds allowing a recipient at any time to request for reallocation; and
(F
i
WHEREAS, the County has a project to construct Union Station with Attached Parking Deck
for the Wilmington Campus of Cape Fear Community College. The construction will consist of
a 190,000 GSF multi-story building and is to contain several programs including biology,
chemistry, nursing, allied health, faculty offices, general classrooms, 300-seat lecture hall,
business office, student services, and administration. The attached parking deck is to hold 1,000
to 1,200 cars and is included in the estimated total project cost of$87,741,000; and
WHEREAS,the County has also been approved for the sale of General Obligation Bonds in the
amount of$164,000,000, and in an effort to minimize our interest cost, the County is requesting
to use $30,000,000 from the State Recovery Zone Economic Development Bonds (RZEDBs) to
E construct the Union Station Project. The outstanding difference due on the project after paying
$30,000,000 from the RZEDBs allocation will be paid from the sale of General Obligation
Bonds.
I
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that:
1. The County is requesting an allocation of Recovery Zone Economic Development Bonds
in the amount of$30,000,000.
2. The officers of the County are hereby authorized and directed to take all action as may be
required in filing a Request for Reallocation of the Recovery Zone Economic
Development Bond Allocation.
ADOPTED this the 6th day of April, 2010.
NEW HANOVER COUNTY
0 X)14TY.
oJason Rf hompson, Chairman
ZEST:
•�sT18LISViEr��
Sheila L. Schult, Clerk to the board
GovNTY.�
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
0 y 230 GOVERNMENT CENTER DRIVE, SUITE 175 .WILMINGTON, NC 28403
j (910)798-7149•(910)798-7145 FAX• WWW•NHCGOV.COM
� O
3 �
v�
ti Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman
Robert �/G.Greer,Commissioner•William A.Caster,Commissioner-Ted Davis r. issioner
E'achi�� 4 I
Fg811SHE�� Sheila L.Schult,Clerk to the Board Book �'1 I I I Page
,...`�
NEW HANOVER COUNT'BOARD OF COUNTY COMMISSIONERS
3
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNT'OF NEW HANOVER,NORTH
CAROLINA,AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT TO
REFINANCE A PORTION OF THE COSTS RELATER TO CERTAIN CAPITAL PROJECTS,DIRECTING
THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER
MATTERS RELATED THERETO
t
f
WHEREAS, the County of New Hanover, North Carolina (the "County") is a political
subdivision of the State of North Carolina, existing as such under and by virtue of the
Constitution, statutes and laws of the State of North Carolina(the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina
to (1) purchase real and personal property, (2) enter into installment purchase contracts in order
to finance or refinance the purchase of real and personal property used, or to be used, for public
purposes, and (3) grant a security interest in some or all of the property purchased to secure
repayment of the purchase price;
3
WHEREAS, the County previously entered into an Installment Financing Contract dated
3 as of December 1, 2000 with the New Hanover County Financing Corporation (the
"Corporation") to finance capital costs of (1) a five-story facility adjacent to the County's
Judicial Building located at Fourth and Market Streets, which currently houses employees
servicing the judicial function including judges, the District Attorney's Office, the Clerk of Court
and the Register of Deeds (the "Judicial Facility"), (2) the Airlie Gardens project, (3) the
Wilmington-Hamby Beach water and sewer project, and (4) improvements to the County's solid
waste incinerator exhaust system, (the"2000 Projects");
WHEREAS, the County previously entered into an Installment Financing Contract dated
as of October 1, 2001 with the Corporation to finance capital costs of certain jail, law
enforcement,parking and library facilities (the"2001 Projects");
WHEREAS, the County previously entered into an Equipment Installment Financing
Agreement dated October 6, 2006 with Banc of America Public Capital Corp. (`BofA") to
finance capital costs of telephone communication equipment, 911 emergency system equipment
and landfill equipment(the"2006 Projects");
WHEREAS, the County previously entered into an Installment Financing Agreement
dated as of June 15, 2007 with BofA to finance capital costs of the County's administrative
offices (the "County Government Center"or the "2007 Project");
WHEREAS, the County previously entered into an Installment Financing Contract dated
as of April 7, 2008 with SunTrust Equipment Finance & Leasing Corp., as supplemented and
amended on June 5, 2008, to finance capital costs of (1) improvements at the Wilmington-
International Airport, (2) fire station improvements, (3) acquiring land for jail facilities
expansion, and(4) community college improvements (the"2008 Projects");
WHEREAS, the 2000 Projects, the 2001 Projects, the 2006 Projects, the 2007 Project and
the 2008 Projects are referred to herein collectively as the"Projects";
WHEREAS, the Board of Commissioners of the County (the "Board of Commissioners")
hereby-deterrr'ines that it is in the best interest of the County to enter into (1) an installment
purchase contract (the "Contract") with the Corporation, in order to refinance a portion of the
capital costs of the Projects and (2) a deed of trust and security agreement (the "Deed of Trust")
related to (a) the County's fee simple interest in the real property on which the Judicial Facility
and the County Government Center and the improvements thereon are located (the "Sites");
WHEREAS, the County hereby determines that it will proceed with the refinancing of a
portion of the Projects and, in connection therewith, include in the Deed of Trust the Sites of the
Judicial Facility and the County Government Center and improvements thereon;
WHEREAS, the County hereby further determines that the refinancing of the Projects is
essential to the County's proper, efficient and economic operation and to the general health and
welfare of its inhabitants; that the Projects provide an essential use and now permit or will permit
the County to carry out public functions that it is authorized by law to perform; and that entering
into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the
findings presented herein;
WHEREAS, the County hereby determines that the Contract allows the County to
refinance the Projects at favorable interest rates currently available in the financial marketplace
and on terms advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of the refinancing of a
portion of the costs of the Projects is approximately $50,000,000 (including financing costs) and
that such cost exceeds the amount that can be prudently raised from currently available
appropriations, unappropriated fund balances and non-voted bonds that could be issued by the
County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State;
WHEREAS, although the cost of refinancing the acquisition, construction and equipping
of the Projects pursuant to the Contract is expected to exceed such cost pursuant to a bond
financing for the same undertaking, the County hereby determines that the cost of refinancing the
acquisition, construction and equipping of the Projects pursuant to the Contract and Deed of
Trust and the obligations of the County thereunder are preferable to a general obligation bond
financing or revenue bond financing for several reasons, including, but not limited to the
following: (1)the cost of a special election necessary to approve a general obligation bond
financing, as required by the laws of the State, would result in the expenditure of significant
funds; (2)the time required for a general obligation bond election would cause an unnecessary
delay that would thereby decrease the financial benefits of refinancing a portion of the Projects
to achieve meaningful debt service savings; and (3) most of the Projects are not "revenue bond
proj ects";
WHEREAS, the County hereby determines that the estimated cost of refinancing the
acquisition, construction and equipping of the Projects pursuant to the Contract reasonably
compares with an estimate of similar costs under a bond financing for the same undertakings as a
result of the findings delineated in the above preambles;
l
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's
i
6
I
i
I
E
WHEREAS, the County does not anticipate future property tax increases solely to pay
E
installment payments falling due under the Contract in any fiscal year during the term of the
4 Contract;
4 WHEREAS, Dewey & LeBoeuf LLP, as special counsel ("Special Counsel"), will render
an opinion to the effect that entering into the Contract and the transactions contemplated thereby
are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for
its breach of the Contract, and the taxing power of the County is not and may not be pledged in
any way directly or indirectly or contingently to secure any moneys due under the Contract;
4
WHEREAS, the County is not in default under any of its outstanding debt service
obligations;
9
WHEREAS, the County's budget process and Annual Budget Ordinance are in
compliance with the Local Government Budget and Fiscal Control Act, and external auditors
have determined that the County has conformed with generally accepted accounting principles as
applied to governmental units in preparing its Annual Budget Ordinance;
WHEREAS, past audit reports of the County indicate that its debt management and
contract obligation payment policies have been carried out in strict compliance with the law, and
the County has not been censured by the North Carolina Local Government Commission (the
"LGC ), external auditors or any other regulatory agencies in connection with such debt
management and contract obligation payment policies;
E
WHEREAS, in accordance with Section 160A-20(g) of the General Statutes of North
Carolina, a public hearing on the Contract after publication of a notice with respect to such
public hearing must be held and approval of the LGC with respect to entering the Contract must
be received; and
WHEREAS, the County hereby determines that all findings, conclusions and
determinations of the County in this Resolution are subject to modification or affirmation after
all interested parties have been afforded the opportunity to present their comments at a public
hearing regarding the execution and delivery of the Contract and the Deed of Trust and the
proposed refinancing of the Projects.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate Contract. That the County Manager and the
Finance Director, with advice from the County Attorney and Special Counsel, are hereby
authorized and directed to proceed and negotiate on behalf of the County for the refinancing of a
portion of the costs of the acquisition, construction and equipping of the Projects in a principal
amount not to exceed $50,000,000 under the Contract to be entered into in accordance with the
provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in
connection with the Contract, as security for the County's obligations thereunder, the Deed of
Trust conveying a lien and interest in either or both of the Sites on which the Judicial Facility
and the County Government Center and the improvements thereon are located, as may be
required by the entity, or its assigns, providing the funds to the County under the Contract.
Section 2. Application to LGC. That the Finance Director or her designee is hereby
directed to file with the LGC an application for its approval of the Contract and all relevant
transactions contemplated thereby on a form prescribed by the LGC and to state in such
application such facts and to attach thereto such exhibits regarding the County and its financial
condition as may be required by the LGC.
Section 3. Direction to Retain Special Counsel, Underwriter. That the County
Manager and the Finance Director, with advice from the County Attorney, are hereby authorized
and directed to retain the assistance of Dewey & LeBoeuf LLP, as special counsel, and the
County Manager and the Finance Director are authorized to retain Stephens Inc., as the
underwriter of refunding limited obligation bonds, the net proceeds of which will be used to
effectuate the refinancing of a portion of the Projects.
Section 4. Public Hearing. That a public hearing (the "Public Hearing") shall be
conducted by the Board of Commissioners on April 19, 2010 at 9:00 a.m. at the New Hanover
County Historic Courthouse, 24 North Third Street, in the Commissioners' Assembly Room,
Wilmington, North Carolina 28401, concerning the Contract, the Deed of Trust, the proposed
refinancing of a portion of the Projects and any other transactions contemplated therein and
associated therewith.
Section 5. Notice of Public Hearing. That the Clerk is hereby directed to cause a
notice of the Public Hearing, substantially in the form attached hereto as Exhibit A, to be
published once in a qualified newspaper of general circulation within the County no fewer than
10 days prior to the Public Hearing.
Section 6. Repealer. That all motions, orders, resolutions and parts thereof in
conflict herewith are hereby repealed.
Section 7. Effective Date. That this Resolution is effective on the date of its
adoption.
ADOPTED this the 6`t'day of April, 2010.
W HANOVER COUNTY
�aTy•tvo
AGO R�� *JasonThompson n7777-
o o rd of Commissioners
Z
zr ATTEST:
4TABLIOIE,O
Sheila L. Schult, Clerk to Board
Exhibi
BookPa�e
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STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COUNTY OF NEW HANOVER COUNTY COMMISSIONERS
i
IN THE MATTER OF CORRECTLY SPELLING ORDER
SEABUOY CIRCLE (Public Road: SR-3103)
P
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to correcting the spelling of Seabouy Circle located in
Crosswinds subdivision off South College Road. A public hearing was held on Tuesday,
ti April 6, 2010 at which time all persons were heard on the question of whether or not the
correct spelling would be in the public interest; and it further appearing that notice of said
hearing was transmitted to all resident owners and prominently posted in at least two (2)
locations along said road; and published in the Star News local newspaper, and the Board
of County Commissioners is of the opinion that said road in New Hanover County should
be correctly spelled and the correct spelling of the same is in the public interest, the
' description of which is delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby correctly spelled Seabuoy Circle.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N. C. General Statute
153A-239.1.
Adopted this the 6th day of April 2010.
k
R
$Jas . ompson, Chairman
Attest:
A.
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i
Sheila L. Schult, Clerk to Board
i
i
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COUNTY OF NEW HANOVER COUNTY COMMISSIONERS
F
t Exhibit
IN THE MATTER OF NAMING ORDER Book/Wf Pan
h
MCGIRT PLACE (private road)
y
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of McGirt Place located approximately 500'
Southwest of the Archmil Way/Carolina Beach Road intersection, West side and
extending Southwest from that point approximately 1,270 feet to termination, and
recorded as a 30' access easement in Map Book 34, Page 267 in the New Hanover
County Registry. A public hearing was held on Tuesday, April 6, 2010 at which time all
persons were heard on the question of whether or not the naming would be in the public
interest; and it further appearing that notice of said hearing was transmitted to all resident
owners and prominently posted in at least two (2) locations along said road; and
published in the Star News local newspaper, and the Board of County Commissioners is
of the opinion that said road in New Hanover County should be named and the naming of
i
the same is in the public interest, the description of which is delineated on the attached
map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named McGirt Place.
' IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statute
t
153A-239.1.
Adopted this the 6th day of April 2010.
OvNTY.
o #Jason . ompson, Chairman
Attest:
-AL
5
Sheila L. Schult, Clerk to Board
s
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5
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Exhibit
Book X / (Page
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOYER BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF REASSIGNING
STREET HOUSE NUMBERS ORDER
MCGIRT PLACE
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the assignment of new house numbers on McGirt Place, a
numerical range of 1100-1199.
WHEREAS, ready and accurate identification of developed property is important
for the delivery of general County services, for the operation of commercial enterprises,
for the response of emergency and public safety vehicles, and for the convenience of the
general public. and
a WHEREAS, a comprehensive and systematic property numbering system is an
s
efficient means of identifying property within the County; and
}
WHEREAS, such a system will promote the health, safety, and welfare of the
citizens of New Hanover County.
THEREFORE, it further appearing that a public hearing was held on the 6`'' day of
April, 2010, at which time all persons were heard on the question of whether or not
assigning house numbers would be in the public interest, and it further appearing that
notice of said hearing was prominently posted in at least two (2) locations along said
street, that notice of the time, place and subject matter of the hearing was prominently
posted at the Courthouse, and published in a newspaper of general circulation in the
County.
l
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NOW, THEREFORE, it is ordained and decreed that the above House Number
Assignment be made.
It is further ordered that a copy of this ordinance be transmitted to the postmaster
having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher
and to any city within five miles of said road in accordance with N.C. General Statute
F
153A-239.1.
3
Adopted this the 6`h day of April, 2010.
O04TY• V
O 1 T,
Jason . Thompson, Chairman
A _
Attest:
� \ •F,STARS_�t i
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Clerk to the Board
3
3
S
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
Exhibit
A-384B (2/10) Book_ .Pale 0•1
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
f
amended be. and the same is hereby further amended to read as follows in the section(s) noted:
3
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:
I
Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD)
53.6-3: Procedures for establishing Exceptional Design Zoning Districts
1)Applications;procedures and materials to be submitted. Approval for EDZD rezoning
shall generally follow procedures for establishment of Planned Development Districts.
Material submitted with the application as outlined below, or on subsequent request by
the Planning Department, shall include all plans, maps, studies and reports which may
reasonably be required to make the determinations called for in the particular case.
# Applicants are recommended to meet with staff before substantial investments are made
towards the design of exceptional development projects and are required to meet with
staff to review the exceptional development concept and criteria prior to submitting an
application. Application shall be made on forms provided by the County and in
accordance with the schedule of deadlines for Planning Board submissions. The
following procedures must be met:
a. Meet with staff
b. Hold 2 meetings with owners and neighbors adjacent to the proposal
and within 500 feet of the area to be considered (Section 111-2.1:
g
Required community information meeting before consideration). At
least one meeting must be scheduled after 6:00 p.m. Notice of both
meetings must be given at least two (2) weeks in advance.
c. Prepare application and submit by application deadline. The
application shall include:
i. Survey map as well as metes and bounds description of the
boundaries.
x
ii. Map showing location of existing public water and sewer lines,
roadway classification, existing or planned bicycle and
a
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A-3 84B (2/10) Page 1 of 11
r
pedestrian facilities, schools, parks and shopping districts
within a '/ mile radii of the outermost project boundary.
iii. Traffic Impact Analysis prepared and signed by a licensed
traffic engineer is required for all projects (based on proposed
! ' maximum density and intensity for the acreage).
----W��- 'w ---- --"` iv. Narrative generally describing the reasons for seeking rezoning
and outlining the anticipated development to be approved
under separate permit at a later date, if known, and describing
the adequacy of access to the site.
V. Inventory of the existing environmental, cultural, historical and
natural site attributes.
vi. A conceptual plan that shows with reasonable certainty the
type and intensity of use for the proposal.
vii. Summary of the meetings held with surrounding property
owners.
viii. A checklist of the prerequisite standards that will be met.
ix. Application fee.
X. Calculations of the requested density/intensity and
documentation supporting the award of points for any density
bonus.
xi. Verifiable water and sewer expansion plans must be provided
and allocation of capacity confinned with the Cape Fear Public
Utility Authority.
xii. Phasing schedule.
xiii. The project must meet all applicable requirements of the
County Zoning Ordinance.
d. Planning Board consideration and Board of Commissioners decision
after public hearing.
53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations- If
the rezoning is approved, the Board of Commissioners shall, approve the development concept
plan as described in the application, or indicate required modifications in such approved plan,
and such approval shall be binding in determinations concerning final development plans. If the
rezoning is approved, the development shall be required to be in accord with approved concept
plans and meet the requirements of these and other regulations, as approved. The development
shall also conform to any time limitations established by the board of commissioners or the
applicant as to beginning and completion of the development as a whole, or in specified stages.
Before development may proceed, agreements, contracts, deed restriction, sureties and other
instruments involved shall be in a form approved by appropriate officers or agencies.
Underlying standards upon which to add the exceptional design criteria shall include:
A-3 84B (2/10) Page 2 of 11
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1) Maximum Building height: within 200 feet of the district boundar-N any residential
zoning district or residential use, building height shall not exceed forty (40) feet.
2) Building setbacks and s° ^r^* ^n: Buildings located on the periphery of the
{ district shall be set back a minimum of twenty(20) feet from the district boundary.
When the proposed setbacks from the periphery of the district are less than the
proposed height of the buildings, the application shall include an explanation of
how the project reasonably addresses privacy, light air, and safety impacts upon
9
adjoining properties. All buildings shall be et back at 1 ♦ r (1 0) feet fr-offi A4
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pedestrian 0) � l
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roadways. No building shall enereaeh into the fight of way of a pfoposed
a
ther-oughfar-e as designated by the Wilinington Area Thoroughfar-e Plan. in no eas-e
shall any part of a det::hed single f� 1 dwelling t be 1 + ,l elaser- than ten
j ) Y � ., ,.. ,ig.�. auii iii
(1 0) feet tow ^.-t E)fµ other- .1 + >, a 1 f ,flit dwelling, d in no eas-e
shall any paft of a niultifamily dwelling unit be loeated elesef than twenty (20) f��
any Y...� i any � vi uv�ua.iia.0 oizrgzc
l to any YaA ylf another-multifamily :t o non residential b ld
3) Parking: Off-street parking shall be provided in accordance with Article VIII of
the zoning ordinance. Projects that meet Additional Requirements 1, 2. 3 and 5
ma_v reduce the minimum parking requirements by 10% within the commercial
component of the project.
4) Signs: Signs shall comply with the standards in Article IX of the zoning ordinance.
x The developer shall be responsible for erecting and a property owners association
shall be responsible for maintaining street name signs at all intersections within the
district.
3
5) Landscaping and buffering shall be in accordance with Article 67, except that
required buffers may be allowed within electric utility easements greater than 30
1
feet with the permission of the appropriate utility company and provided a
t
memorandum of agreement is in place stating that the buffer will be maintained in
perpetuity in accordance with the standards for size, opacity, and location.
6) Street Lights: Street lights shall be included at the rate of one fixture per 500 linear
1
feet or less of roadway.
7) Conservation Resource Requirements shall be applicable.
8) Lighting: All site lighting shall be located so as not to shine or reflect directly onto
any adjacent residential property.
t 9) Open Space: Open space shall be provided within all exceptional design zoning
districts and except as provided in section (c) below shall equal a minimum of 35%
5 of the gross site area of the district. Open space is an area of land set aside
dedicated, or reserved for public or private use or enjoyment that shall be
functional for uses including but not limited to: an area of environmental
preservation and enhancement, park, internal courtyard plaza playground,
A-3 84B (2/10) Page 3 of 11
F
playfield, atrium or greenwav pedestrian and non-motorized \ellicic easement
Open space may be natural or recreational.
(a) Natural open spaces are intended to protect the natural
environment, protect water quality, proyide en\ironmcntal
education and proyide habitat for wildlife. Natural open space
include natural features such as wetlands and consen ation
overlay districts or otherwise undevelopable land. Natural open
spaces shall not exceed I Wo of the open space requirement.
(b) Recreation open spaces may be active or passive and arc
intended to provide outdoor recreation opportunities or proyide
locations where the public is directly or indirectly im ited to
gather, browse sit interact or congregate. A maximum of ,5°o
of the open space area tnav contain amenitized rccrcational
facilities including swimming pools. golf courses, tennis court.
and basketball courts. Unimproved passive recreation open
spaces are encouraged.
(c) if the proposed open space is less than 35%, or the types of open
space do not conform to a) and (b) the application shall include
an explanation of how the project reasonably provides for space
that enhance a sense of community and quality of` life ti)r the
future residents or patrons of the EDZD. All open space shall
remain undivided and be reserved and used in accordance �\itl-1
Section 69.1.
53.6-13 Exceptional Design District Standards Converted to Points - The following table
includes the criteria that shall enable a project to be classified as an Exceptional
Design District and allow for the density bonuses herein provided. The first six (6)
criteria are required for any project to initially qualify for Exceptional Design review.
In addition to the first six criteria, an additional twelve (12) points are required from
the remaining ten (10) additional criteria. Planning Director will determine whether
criteria are properly met.
CORE REQUIREMENTS
1. Smart Location REQUIRED
Option 1: Locate project on an infill site
Option 2: Locate project on an adjacent site with pre-project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and
facilities.
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2. Proximity to Water and Wastewater Infrastructure REQUIRED
Option 1: Locate project on a site served by existing water and wastewater
j infrastructure. Replacement of or other on-location improvements to existing
infrastructure are considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion
where verifiable expansion plans can be provided and allocation of capacity can
be confirmed with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found
on the New Hanover County online mapping services, no species present or likely
to be present that are listed under the federal Endangered Species Act, NC
endangered species list or listed in the NC Natural Heritage Program as either
Nationally, State or Regionally Significant.
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inconclusive, then a qualified biological scientist performs biological surveys to
determine the presence of endangered or significant species or the applicant
consults with the NC Natural Heritage Program in Raleigh to receive a State
determination.
Option 3: If endangered or significant species are found, comply with an
approved Habitat Conservation Plan (HCP) under the Endangered Species Act for
each species or receive an approved mitigation plan from the NC Natural Heritage
Program.
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Option 4: If endangered or significant species are found and no approved HCP
exists, work with an appropriate authority to create and develop one or develop an
approved mitigation plan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation and Preservation REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations
within required open spaces and implement a maintenance schedule for the pet
waste stations
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Option 1: Locate project on a site that includes no jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams) or land
within 100 feet of these areas.
Option 2: Locate project such that pre-project jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams), and land
within 100 feet of such areas shall not experience significant destruction or lasting
detrimental effects to water quality or other protected natural resources as a result
of new development. Significant destruction shall include the construction,
excavation, deposition, of materials in, over or on such land or any work that
would affect the course, location, condition, or capacity of the receiving water
body.
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5. Floodplain Avoidance I REQUIRED
Option 1: Locate on a site that does not contain any land within a 100-year
floodplain.
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Option 2: Locate the project on an infill site or a previously developed site and
comply with the NFIP requirements for developing portions of the site that lie
within the floodplain.
Option 3: Develop only on portions of the site that are not in a floodplain or on
portions that have been previously developed.
6. Stormwater Management REQUIRED
Implement a comprehensive stormwater management plan for the project that
infiltrates and reuses stormwater runoff. Stormwater shall be managed following
the principles prescribed in the New Hanover County-City of Wilmington Joint
Low Impact Development Manual and will enable a project to use the LID-EZ
Spreadsheet Tool. A detennination that a project qualifies as a Low Impact
Development shall be made by the Technical Review Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM Points
THE CRITERIA LISTED BELOW IN ADDITION TO THE CORE
REQUIREMENTS)
1. Bicycle and Pedestrian Access 2 points
Include a pedestrian or bicycle through-connection in at least 90% of any new cul-
de-sacs, except where prohibited by topographical conditions. Provide bicycle
parking and storage for developments that contain multifamily, retail and
commercial development. Provide convenient access and off-site connections to
all constructed or planned bicycle and pedestrian infrastructure networks.
2. Housing and Jobs/Commercial Opportunity Proximity 2 points
Option 1: Include a residential component equaling at least 30% of the project's
total building square footage, and locate and/or design the project such that the
geographic center is within a `/2 mile walk distance of pre-project full-time
equivalent jobs equal to or greater than the number of dwelling units in the project
Option 2: Include a non-residential component equaling at least 30% of the
project's total building square footage
3. Diversity of Uses 2-4 points
Include a residential component in the project that constitutes at least 25% of the
project's total building square footage and design or locate the project such that at
least 50% of the dwelling units are within 1/2 mile walk distance of the number of
diverse uses in the approved diversity of uses table. At least one use from two of
the three diversity of uses list is required.
4. Conservation Management of Habitat or Wetlands 2 points
Create a long-term management plan for new or existing on-site native habitats,
and/or water bodies and wetlands and their buffers, and create a guaranteed
funding source for management.
5. Transit Facilities 4 points
Locate development within '/ mile of an existing or planned transit route.
A-3 84B (2/10) Page 6 of 11
Provide or identify covered and at least partially enclosed shelters, adequate to
buffer wind and rain, with at least one bench, at each transit stop. Provide kiosks,
bulletin boards, and/or signs devoted to providing local public transit information
4 as part of the project, including basic schedule and route information at each
public transit stop within or bordering the project.
3 ! 6. Certified Green Building 2 points
Design, construct, or retrofit one whole residential or non-residential building to
be certified through: LEED, NAHB Green Building Standards, North Carolina
Healthv Built Homes or Green Globes.
7. Minimum Building Energy Efficiency 4 points
For non-residential building, mixed use buildings, and multifamily residential
buildings four stories or greater, new buildings must be on average 10% better
than ANSI/ASHRAE/IESNA Standard 90.1-2007. For new multifamily
residential buildings three stories or fewer and new single-family residential
buildings: 901io of new buildings must meet Energy Star criteria.
8. Water Efficient Landscaping 12 points
Reduce potable water consumption for outdoor landscape irrigation by limiting
turf to 25% or less, incorporating rainwater catchment system(s) such as rain
barrels or cisterns into the project, installing drip irrigation and utilizing
stormwater for landscape irrigation.
9. Building Orientation 2 points
Design the project so that a minimum of 75 percent of the building sites are
constructed with the longer dimension of the structure facing 0-30 degrees of
south.
10. Affordable Housing 2 points
Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling
units priced for households earning below area median income (AMI). Rental
units must be maintained at affordable levels for a minimum of 15 years.
*No partial points will be awarded. Points will not be awarded on a sliding scale.
BONUS AWARDS:
Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional
criteria above. When the project proposed has established the minimum criteria, any additional
points derived from within the elective categories above may be applied toward density or floor
area ratio bonuses. Points may not be double counted and no partial points will be awarded.
Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each
additional point accrued over the minimum exceptional criteria or one tenth (1/10) additional
FAR for each two additional points.
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Diversity of Uses List
Use One: Retail
Convenience Store
Florist
€ Hardware Store
( Pharmacy
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A-3 84B (2/10) Page 7 of 11
Supennarket
Miscellaneous retail
Use Two: Services
Bank
Coffee Shop
Hair care
Health club
Laundry/dry cleaner
Medical/dental office
Restaurant
Offices for private business and professional activities
Use Three: Civic/Community Facilities
Child care (licensed)
Civic/community center
Place of worship in a building
Police/fire station
Post office
Public library
Public park
School
Senior care
Social services facility
Diversit , of Uses Table
Number of Uses Points Earned
2 2
3-5 3
6 or more 4
Associated Technical Standards for Section 53.6 of the New Hanover County Zoning
Ordinance,
Exceptional Design Zoning District
Definitions
In fill Site is defined as a site where at least 75% of the perimeter of the property borders parcels
that have been previously developed.
Previously Developed is defined as a site having pre-existing impervious coverage that would
typically have required regulatory permitting to have been initiated.
Requirement 1: Smart Location
Pre project connectivity may be met when the proposed project is located so that 25% of the
project boundary is adjacent to a previously developed property and can fleetivity is present E) °+
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least 150 inter-seetions4sq. mile within a half eifele r-aditts eenter-ed on the midpoint of th-e-
adjaeent portion of the neten The radius of the half eirele must be 1,4 mile. or- the
length of the adjaeent poi4ion of the pefiffieter-, whiehever- is longer, and if the p"
Stfeet'S, itS CE)nneetiVit�' P-_-An.flot be less that the eonneetivit of the sufrounding area measured
a through
connectivity of
the site and adjacent land is at least ninety (90) intersections'square mile as measured within a '
mile distance of a continuous segm nt of the project boundary. Locate and or desi,-,,n the project
such that a through street and or nonmotorized right-of-way intersects the project boundary at
least ex erx 800 feet. connecting( with an existing street and or right-of-wav outside the project.
Existing or planned adequate transit service: At least 50% of dwelling units and business
entrances within the project must be located within '/ mile walk distance of existing or planned
bus transit stops.
Location of project near existing neighborhood shops, services, and facilities: The project
boundary must be within 1i4 mile walk distance of at least five (5) or within `,/= mile walk distance
of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the
Ordinance. Uses must include at least one use from each of the three diverse use categories with
the following limitations: a) uses may not be counted in two categories, e.g. a school or place of
worship may be counted only once even if it also contains a daycare facility: b) a mixed use
building containing several uses as distinctly operated enterprises with separate exterior
entrances may count each as a separate use, but no more than half of the minimum number of
diverse uses can be situated in a single building or under a common roof; c) a single retail store
of any type may only be counted once even if it sells products associated with multiple use types.
Requirement 3: Significant Species and Ecological Communities
The Natural Area Inventory for New Hanover County shall be found on the New Hanover
County Planning Department's website. The Inventory-was designed to identify the highest
quality natural areas and natural communities in New Hanover County. Only Significant species
( are determined to be regulated under this requirement.
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Requirement 6: Stormwater Management
The New Hanover County-City of Wilmington Joint Low Impact Development Manual shall be
downloaded from the New Hanover County Planning website. In order to meet this requirement,
,l a determination that the project is in fact a Low Impact Development project, must be made by
the County's Technical Review Committee (TRC). Representatives from the project are
encouraged to meet with County Planning and Engineering staff prior to submittal of the project
to the County's TRC.
Additional Requirement l: Bicycle and Pedestrian Access
Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must
provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units
and no fewer than four(4) spaces per project site.
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Bicycle Storage for Retail: The project must provide secure visitor, customer an&or employee
bicycle racks on site. with at least one bicycle space per 5,000 square feet of retail space, but no
fewer than one bicycle space per business or four bicycle spaces per project site, whichever is
greater.
Bicycle Storage for Commercial Non-Retail: The project must provide secure employee and or
visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial
non-retail space but not fewer than four bicycle spaces per building.
Additional Requirement 4: Conservation Management of Habitat or Wetlands
Long-term management plan — This plan must be at least ten (10) years and include biological
objectives consistent with habitat and/or water resource conservation. The plan should identify
the following: a) procedures for maintaining the conservation areas and personnel to carry out
those procedures, and b) estimated implementation costs and funding sources.
Additional Requirement 6: Certified Green Building
Building certification must be completed by the applicable program's third party certification
program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB
certification program).
Additional Requirement 7: Minimum Building Energy Efficiency
For non-residential or mi_ied-use buildings, projects may document their building energy
efficiency by producing a LEED for New Construction energy model demonstrated by a whole
building project simulation using the Building Perfonnance Rating Method in Appendix G of
ANSI/ASHRAE/IESNA Standard 90.1-2007.
For multifamily residential buildings, projects may demonstrate compliance with Energy Star
criteria either through the prescriptive requirements of a Builder Option Package, Home Energy
Rating System (HERS) index, or a combination of the two. Energy Star certification is to be
conducted by a 3"d party verification process.
Additional Requirement 10: Affordable Housing
For rental units affordability must be priced for households earning, 80% of the area median
income (AMI). Rental limits are calculated annually based on the HUD Standard Income and
Rent Limits table. For sale units affordability will be based on sale price limits established by
the North Carolina Housing Finance Agency First-Time Home Buyer Mortgage and
Downpayment Assistance Program.
A-3 84B (2/10) Page 10 of 11
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Section 2. Anv ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
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Section 3. This ordinance is adopted in accordance with NCGS 1531A-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 6"' day of April, 2010.
�NTV•,�,� Jason R.yThompson, Chairman
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�.! z• Attest:
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Board
Sheila L. Schult. Clerk to oa d
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COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM SUP Book y page=�
TO SPECIAL USE PERMIT 5-329, (3/91, 4/00, 8/03, 6/07, 3/10)
9
This order amends a special use permit originally issued in 1991, as subsequently modified in
2000, 2003, and 2007 for a Marine Research & Education Facility in an R-15 zoning district at
5600 Marvin K. Moss Lane. Having held a public hearing on April 6, 2010 to consider the
application for amendment, and having heard all the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
y Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
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2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
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A. If any of the conditions imposed by this special use permit shall be held invalid beyond
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the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; all other state, federal and local rules; and any
additional conditions hereinafter stated.
D. That the nine (9) conditions placed on 5-329 in 2001 (conditions 1 through 4) and in
( 2003 (conditions 5 through 9) be removed and replaced with the following one (1)
condition:
1) In addition to section 6713-4 of the New Hanover County Zoning Ordinance,
the bufferyard along the northern project boundary shall be supplemented
with Leyland Cypress, or comparable evergreen tree to provide
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intermittent visual obstructions from the opaque portion to a height of at
least twenty (20) feet, within three (3) years of planting. To provide a
variety of height and depth, at least one (1) tree on average will be planted
for every thirty (30) linear feet of screen. Spacing of trees should be varied
from straight lines and equidistant spacing where practical. Clustering
and/or random spacing of plants and trees is encouraged to produce a
natural appearance to the landscape to the extent that the planting meets
the screening and opacity intent of section 6713-4 of the New Hanover
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Page 1 of 2 S-329 Modification 2010
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County Zoning Ordinance. Trees should be placed and spaced to provide
visual aesthetic appeal; to accommodate specific growth habits of species
used; to incorporate existing trees into the screen; and clustered where
appropriate to provide the maximum visual buffering protection to the
proposed two-story building.
Ordered this 6th day of April, 2010.
Jason . Thompson., Chairman
Attest:
Sheila L. Schult, Clerk to the Board
Page 2 of 2 S-329 Modification 2010
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SUP Book I
COUNTY OF NEW HANOVER -.-�.Pa g e..3
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Expansion of a Community Boating Facility for 28 slips
in an R-20 Residential Zoning District
S-600 (3110)
The County Commissioners for New Hanover County having held a public hearing on April 6,
2010 to consider application number S-600 submitted by Avenel Boat Facility Association
Incorporated, for a special use permit to expand a community boating facility serving the Avenel
Subdivision at 1532 Portsmouth Place, and having heard all of the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
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1. The County Commissioners, FIND AS A FACT that, based on the findings in the record and
agreed to by the applicant, all of the specific requirements set forth in Sections 71-1 and
72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the attached site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
Section 72-37 of the Ordinance for the proposed use, as well as the proposed and
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approved site plan, and all other state or federal requirements.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
Ordered this 6th day of April, 2010
vNT
Y.
L° ► '�o Jason R. hompson, Chairman
O n
Attest:
Sheila L. Schult, Clerk to the Board
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S-600 Page 1 of 1
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