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HomeMy WebLinkAboutAgenda 2013 10-07 New Hanover County, North Carolina N � F October 7, 2013 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse "N 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE,CHAIRMAN-BETH DAWSON,VICE-CHAIR ' JONATHAN BARFIELD,JR.,COMMISSIONER-BRIAN M.BERGER,COMMISSIONER-THOMAS WOLFE,COMMISSIONER r 4 CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD OCTOBER 7, 2013 6:00 P.M. MEETING CALLED TO ORDER(Chairman Woody White) NON-SECTARIAN INVOCATION (Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church) PLEDGE OF ALLEGIANCE(Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Disability Awareness and Employment Month Proclamation 3. Adoption of Resolution of Support for Smart Start of New Hanover County to be Designated to Receive Community Services Block Grant Act Funding 4. Approval of SafeLight Program Agreement between the City and the County until August 31, 2014 5. Adoption of Fire Prevention Week Proclamation 6. Approval of a Fee Waiver for the 2013 Crop Hunger Walk 7. Adoption of a Resolution in Response to the Biggert -Waters Flood Insurance Reform Act of 2012 8. Adoption of Clinical Research Week Proclamation 9. Approval of August 2013 Tax Collection Reports 10. Approval of Board of Education Budget Amendment 11. Adoption of Budget Amendments REGULAR AGENDA ITEMS OF BUSINESS 12. Consideration of Domestic Violence Awareness Month Proclamation 13. Consideration of Cares Enough to Wear Pink Days Proclamation 14. Presentation of Cost Estimate for Deconstruction of the Wastec Facility, and Request for Direction for Proceeding with Phase 11 of the Comprehensive Solid Waste Management Plan 15. Public Hearing Text Amendment(A-413, 9/13) -Request by Staff to Amend Sections 23, 50.2, 72-20, and 8 1-1 of the Zoning Ordinance Regarding Child Day Care Centers 16. Public Hearing Text Amendment(A-414, 9/13) -Request by Staff to Amend Section 62.1-10 of the Zoning Ordinance Street Yard Landscaping Regulations to Accommodate Sidewalks and Multi-use Paths 17. A. Overview of Wave Route Costs B. Consideration of Wave Loan Payback Board of Commissioners Meeting 10/07/2013 PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 18. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 19. ADJOURN Board of Commissioners Meeting 10/07/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: DEPARTMENT: Governing Body PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on September 12, 2013 Regular Meeting held on September 16, 2013 Special Meeting held on September 16, 2013 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 2 DEPARTMENT: County Manager PRESENTER(S): David Morrison, Chair, Cape Fear Disability Commission CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of Disability Awareness and Employment Month Proclamation BRIEF SUMMARY: David Morrison is the Chair of the Cape Fear Disability Commission. He has submitted a proclamation to recognize October 2013 as Disability Awareness and Employment Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Disability Awareness Month Proclamation 2013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 2 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DISABILITY AWARENESS AND EMPLOYMENT MONTH PROCLAMATION WHEREAS, more than one million people with disabilities have entered the labor force since the passage of the Americans with Disabilities Act in 1990; and WHEREAS, as taxpayers, consumers, and workers, people with disabilities are contributing to our society and to their own fulfillment of the American dream; and WHEREAS, new generations of young people with disabilities are growing up in Wilmington, NC and surrounding counties,graduating from high school,going to college, and preparing to participate in the workplace; and WHEREAS,job seekers with disabilities, regardless of age, are striving to attain economic independence through self- sufficiency and gainful employment; and WHEREAS,both students and job seekers with disabilities have the right to maximize their potential by making the most of their intellect,talents, and abilities in an environment free of physical,programmatic, and attitudinal barriers; and WHEREAS, employers from the private, governmental, and non-profit sectors may benefit from mentoring people with disabilities as a way of learning about the experience of disability, developing lasting relationships with disability community leaders, and recruiting new and emerging talent for meaningful internship and employment opportunities; and WHEREAS, these efforts are made possible through a broad partnership with the American Association of People with Disabilities and a dedicated local team of organizers from businesses, non-profit organizations, school districts, colleges and universities,and government agencies. NOW, THEREFORE,BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2013 be recognized as "Disability Awareness and Employment Month"in New Hanover County. ADOPTED this the7th day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 3 DEPARTMENT: Budget PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Cam Grffin, Budget Director SUBJECT: Adoption of Resolution of Support for Smart Start of New Hanover County to be Designated to Receive Community Services Block Grant Act Funding BRIEF SUMMARY: Smart Start of New Hanover County has requested the County support their application for Community Service Block Grant Funds. Several community organizations have expressed interest in these funds, but staff recommends Smart Start because of its operating history and alignment with the County's strategic plan. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public/private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve the resolution of support for Smart Start of New Hanover County's application for Community Service Block Grant funding. ATTACHMENTS: Smart Start Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 3-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ENDORSEMENT OF SMART START OF NEW HANOVER COUNTY'S APPLICATION FOR COMMUNITY SERVICES BLOCK GRANT FUNDS WHEREAS, Smart Start of New Hanover County has been a leader in the provision of comprehensive, innovative programming for young children and families; and WHEREAS, Smart Start of New Hanover County's services impact low-income individuals' ability to become self-sufficient through literacy and family support services, including support for high school completion; and WHEREAS, Smart Start of New Hanover County strives to work inclusively and in collaboration with all stakeholders; and WHEREAS, Smart Start of New Hanover County, if awarded the designation, has the capacity to oversee the Community Services Block Grant effectively and efficiently. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners support Smart Start of New Hanover County to be designated to provide comprehensive services consistent with the requirements of the Community Services Block Grant Act. ADOPTED this the 7th day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 3- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 4 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin SUBJECT: Approval of SafeLight Program Agreement between the City and the County until August 31,2014 BRIEF SUMMARY: In August of 2009, the County entered into a contract with the City of Wilmington. The County agreed to contribute $200,000 per year to help the City with the operating costs of the SafeLight Program. This amendment extends the agreement until August 31, 2014. New Hanover County schools receive approximately $800,000 a year from the program. This equates to 90% of the amount of the civil penalties collected from the citations from the SafeLight Program, which are then paid to the New Hanover County Board of Eduction. Both the City and the County have included funding for the program in their FY13-14 budgets. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education,programs,and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the extension of the SafeLight Program agreement until August 31, 2014. ATTACHMENTS: City of Wilmington- SafeLight Renewal Contract 2009 Contract COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 4-0 New Hanover County Contract 910-0093A STATE OF NORTH CAROLINA AMENDMENT COUNTY OF NEW HANOVER THIS AMENDMENT made and entered into this day of 2013 by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to "County"; and the CITY OF WILMINGTON, a North Carolina municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, on August 25, 2009, the parties entered into an Interlocal Agreement, New Hanover County Contract 10-0093, to set forth the terms for County's financial support of a portion of City's Red Light Camera Program ("Agreement"); and WHEREAS, the parties hereto have mutually agreed to the terms of this Amendment as hereinafter set out. NOW, THEREFORE, in consideration of the premises and the promised covenants contained in the terms and conditions heretofore set forth, the parties hereto amend the Agreement as provided below. 1. Section 4, "Duration" is amended to add the follows: This Agreement shall be renewed on September 1, 2013 for an additional twelve-month period, and unless sooner terminated as provided herein, shall continue through August 31, 2014. 2. Ongoing Effect. Except as specifically above amended, the original Agreement shall remain unaltered and in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. NEW HANOVER COUNTY (SEAL) Woody White, Chairman ATTEST: Page 1 of 3 dm Board of Commissioners Meeting 10/07/2013 4- 1 - 1 New Hanover County Contract 910-0093A Sheila L. Schult, Clerk CITY OF WILMINGTON (SEAL) Bill Saffo, Mayor ATTEST: City Clerk This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: City Finance Director City Attorney NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Sheila Schult personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as Page 2 of 3 dm Board of Commissioners Meeting 10/07/2013 4- 1 -2 New Hanover County Contract 910-0093A the act of the Board, the foregoing instrument was signed in its name by its Chairman, Woody White, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of 2013. Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the State and County aforesaid, certify that Penelope Spicer-Sidbury personally came before me this day and acknowledged that she is City Clerk for the City of Wilmington, North Carolina, and that by authority duly given and as the act of the City Council of the City of Wilmington, the foregoing instrument was signed in its name by its Mayor, Bill Saffo, sealed with its corporate seal and attested by herself as its Clerk. Witness my hand and official seal, this the day of 2013. Notary Public My Commission Expires: Page 3 of 3 dm Board of Commissioners Meeting 10/07/2013 4- 1 -3 New Hanover County Contract#10-0093 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WILMINGTON AND NEW HANOVER COUNTY THIS AGREEMENT, made and entered into this the day of ? 2009, by and between the City of Wilmington, a North Carolina municipal corporation ("City"') and New Hanover County, a political subdivision of the State of North Carolina ("County• ) . W I T N E S S E T H: WHEREAS, pursuant to G. S . 160A-300 . 1, the City has installed a traffic control photographic system to photograph vehicles running red lights at certain intersections in the City ("Red Light Camera Program") ; and WHEREAS, the City' s Red Light Camera Program has been effective in reducing vehicle accidents at intersections with a resulting reduction in property damage and bodily injury; and WHEREAS, the Red Light Camera Program has been effective in reducing the demand for law enforcement, public safety and emergency medical resources; and WHEREAS, pursuant to G. S . 115C-437, ninety percent (90%) of the amount of civil penalties collected from citations issued under the Red Light Camera Program is paid to the New Hanover County Board of Education; and Board of Commissioners Meeting PW/2113of 9 0 foll G I N A L 4-2- 1 o- ft '•' rt i (V New Hanover County Contract #10-0093 'i WHEREAS, the equipment utilized in the Red .Light Camera Program needs to be updated to ensure the effective i continued operation of the Program; and } WHEREAS, the County has agreed to pay a portion of the cost of the Red Light Camera Program because of the li benefits to the public; and I' WHEREAS, the County is authorized by G. S. 153A--212 to cooperate with other local governments in law enforcement if Il matters as permitted by G. S. Chapter 160A, Article 20, Part NOW, THEREFORE, in consideration of the foregoing and > the mutual benefits inuring to the parties hereto, it is hereby understood and agreed as follows : I 1 . Purpose of Agreement . The purpose of this Agreement is to set forth the terms for the County' s financial support of a portion of the costs of the Red Light Camera Program. 2 . City' s Operation of Red Light Camera Program. During the term of this Agreement, the City shall operate the Red Light Camera Program at intersections in the City that the City determines are appropriate for red light camera enforcement . The City shall operate the Red Light Camera Program in accordance with the Board of Commissioners Meeting P /2130 f 9 4-2-2 New Hanover County Cont t #10-0093 requirements of G. S . 160A-300. 1 applicable to the City. The City also shall pay proceeds from civil penalties collected under the Program to the New Hanover County Board of Education in accordance with G. S . 1150-437 . 3. Financial Support for the Program. Annually during the term of this Agreement, County agrees to pay to the City fifty percent (50%) of the net costs of the Red Light Camera Program up to the total amount of $200, 000 per ) ar. The City shall pay the remaining costs of the program. The City shall invoice the County by the 15t" day of each month for the County' s share of the Program costs during the prior month, an. the County shall pay its share of the Program costs to the City within thirty (30) days after the date of the invoice. 4 . Duration. This Agreement shall become -fective on July 1, 2009, and unless sooner terminated as provided herein, shall extend for a term of three years . Afte the initial term, the Agreement may be extended up to two additional years by mutua agreement of the City and County. Any renewal or Board of Commissioners Meeting 2 13o pW/ f 9 _ -3 v Ij e New Hanover County Contract#t10-0093 i I extension of this Agreement shall be approved in writing by the City and County. 5. Termination. If either party fails to keep and L, perform each and all of the covenants contained herein, then and in that event, the other party i after notifying the non-conforming party not less than thirty (30) days in advance and upon the I c failure of the other party to comply with such, the non-breaching party may at its option either i terminate the Agreement or maintain an action in l a court of competent jurisdiction for damages, specific performance, or injunctive relief. 6. Amendment of Agreement . This Agreement may be amended or modified upon mutual agreement of the respective parties, provided that any such i amendment shall be reduced to writing and signed by both parties . I 7 . Non-Assignability. The rights and duties under this Agreement shall not be assigned by any of the parties without the written consent of the other. 8 . Entire Agreement . This Agreement constitutes the entire understanding of the parties . Board of Commissioners Meeting P /2613of 9 4-2-4 3i New Hanover County Contract#10-0003 s 9. Binding Effect . This Agreement shall be binding s upon the heirs, successors, assigns, agents, I ;i officials, employees, independent contractors, t and subcontractors of the parties . r 10 . Continuing Obligation. The parties will make and r execute all further instruments and documents ? required to carry out the purposes and intent of this Agreement . i 1 . Reference . Use of the masculine herein includes the feminine and neuter; singular includes i. plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of intent of the Agreement. 12 . Interpretation. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. i ` Board of Commissioners Meeting (, /2&30f 9 4-2-5 z New Hanover County Contract#10-0093 i 13 . Immunity Not waived. This Agreement is governmental in nature, for the benefit of the public, and is not intended to be for private profit or gain. Neither party intends to waive its sovereign immunity by reason of this Agreement. i 14 . Savings Clause. If any section, subsection, paragraph, sentence, clause, phrase or portion of I� this agreement is for any reason held invalid, unlawful or unconstitutional by any court of i competent jurisdiction, such portion shall. be 1 deemed severable and such holding shall not t i affect the validity of the remaining portions a hereof. i IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the County has caused this Agreement to be duly executed in its name i and behalf all pursuant to resolutions of their respective governing bodies . CITY OF WILMINGTON � yor ATTEST City le } Board of Commissioners Meeting P"V203of 9 4-2-6 a 4 t New Hanover County Contract#10-0093 �I APPROVED AS to FORM ILI City Attorne s>> r This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act , this the __LrZ> day of s 2009 . ZI v f Debra H. Mack Finance Director 1 Project No. OBTR10 Account No. 21-0000- 0 ID i Amount of Contract i Y,&0 NEW xANOVER COUNTY By- Chairman bus ATTEST: E"4t-e' Clerk APPROVE AS TO FORM: County Attorney Board of e 6ssibno�M6bting 10/07/2013 4-2-7 " New Hanover County Contract 10-0093 c This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the _p_b day of AL1.q Ar,+ 2009 County Finance Director II STATE OF NORTH CAROLINA r COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that Penelope Spicer--Sidbury personally appeared before me, and who being duly sworn, says that she knows the common seal of the City of Wilmington and is acquainted with Bill Saffo, Mayor, of the City of Wilmington, and that Penelope Spicer-Sidbury is Clerk of the City of Wilmington and saw the said Bill Saffo, Mayor, of the City of Wilmington, sign the foregoing instrument, and saw the common seal of said t City of Wilmington affixed to said instrument by said Mayor that she, the said Penelope Spicer-Sidbury, Clerk as aforesaid, signed her name in attestation of the due i execution of said. instrument in the presence of said Mayor of the City of Wilmington. I certify that Penelope Spicer-- Sidbury personally appeared before me this day and I have personal knowledge of the identity of Penelope Spicer- Sidbury. Witness my hand and notarial seal, this the day of , 2009 . My Commi ssion 4...t.: N §ary Public 5 �w (iffmt'oul#j ,• �� . . ' r nted Name ' • . GO Board of Commissioners M eting 4-2-8 l 8 i w t i yt f STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER �i I the undersigned Notary Public, do hereby certify t h a t- Jq�jrOL_ � - personally appeared before me, and w o being duly sworn, says that she knows the common ? sea of t bounty of New Hanover and is acquainted with , Chairman, of the Board of Co mmissihe o ers, and that is 4r of the New Hanover County and saw the said �SI(ko Chairman, of the Board of Commissioners, sign the foregoing instrument, and saw the common seal of said Board affixed 7 to aid instrument by id Chairman that she, the said { � ��. , as aforesaid, signed her name in attestation of the due execution of said instrument in the presence of said Chairman ohe Board of Commissioners . I certify that Ji^ ez (' personally appeared before me this day and have personal knowledge of the identity of ' .s�c ) , Witness my hand and notarial seal, this the 06J day of , 2009 . 1 ytUtiisiiaalrlrsr e�'Ugh G. Cry .... My Co i� .on Ex �' . 3 N,:JT ray coni M No ry c Purl _ Ezp[rev r 3,124720'1 - �ro we KIM '`'',,, nove� ti•`` °rrrrani4asiastiti` anted Nam 071509L/Inter1oca1AgmtNHC/U i Board of Commissioners Meeting /20i3o f 9 4-2-9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 5 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall and Meg Langston,Fire Life Safety Educator SUBJECT: Adoption of Fire Prevention Week Proclamation BRIEF SUMMARY: New Hanover County Fire Rescue Services has submitted a proclamation to recognize the week of October 6-12,2013 as Fire Prevention Week with the theme "Prevent Kitchen Fires!" STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Provide health and wellness education,programs,and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Fire Safety Week Proclamation 2013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIRE SAFETY WEEK PROCLAMATION WHEREAS, the County of New Hanover is committed to ensuring the safety and security of all those living in and visiting our county;and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire;and WHEREAS, home fires killed more than 2,500 people in the United States in 2011, according to the National Fire Protection Association(NFPA),and fire departments in the United States responded to 370,000 home fires;and WHEREAS, cooking is the leading cause of home fires in the United States where fire departments responded to more than 156,000 annually between 2007 and 2011;and WHEREAS, two of every five home fires start in the kitchen with unattended equipment being a factor in one-third of the reported cooking fires;and WHEREAS, 57%of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves;and WHEREAS,children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire;and WHEREAS, New Hanover County residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from stove tops;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire;and WHEREAS,working smoke alarms cut the risk of dying in reported home fires in half;and WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and education;and WHEREAS, New Hanover County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire,especially in their homes;and WHEREAS, the 2013 Fire Prevention Week theme, "Prevent Kitchen Fires!" effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 6-12, 2013,be recognized as "Fire Prevention Week" in New Hanover County. The Board urges all the people of New Hanover County to prevent fires by checking their kitchens for fire hazards and using safe cooking practices during Fire Prevention Week 2013,and to support the many public safety activities and efforts of New Hanover County's fire and emergency services. ADOPTED this the 7ffi day of October,2013. NEW HANOVER COUNTY Woody White, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 5- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 6 DEPARTMENT: Parks PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Tim Burgess, Assistant County Manager SUBJECT: Approval of a Fee Waiver for the 2013 Crop Hunger Walk BRIEF SUMMARY: New Hanover County received a request to waive park fees for Crop Hunger Walk. County staff recommends the approval, but intends to address a non-profit park fees and/or waivers process in the FY15 Budget Ordinance. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend fee waiver. ATTACHMENTS: Letter From Mrs. Weaver COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend fee waiver. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 6-0 V %k September 8, 2013 Chairman Woody White New Hanover County Board of Commissioners 230 Government Center Dr. Wilmington, NC 28403 Dear Chairman White, We are respectfully asking for the continued support of the New Hanover County Board of Commissioners for the Wilmington Area CROP Hunger Walk. Each October for more than 30 years, a CROP Hunger Walk has been held in New Hanover County. For the past 3 years,the Walk has taken place at Shelter#5 and the walkway around Hugh MacRae Park. Last year, over 300 people attended to enthusiastically show their support for the efforts of Church World Services to end poverty and hunger worldwide and in New Hanover County by raising nearly$14,000. A portion of the donations comes back to our community to support Mother Hubbard's Cupboard (the food pantry downtown)and NourishNC (the weekend backpack food program in the New Hanover County Schools). Last year the Commissioners graciously waived the fees charged for use of the Park facilities. A waiver of the facilities use fee and the banner fee again this year would allow us to use our funds for fighting hunger rather than for administration. These fees equal almost 25 bags of food that could be given to hungry children in our County. Please prayerfully consider our request for a fee waiver. I have enclosed brochures about CROP Walks nationwide and our local Walk. Of course, we would also be excited for you and your fellow Commissioners to join us Sunday, October 13th at 1:30 at Hugh MacRae Park(Shelter#5) for our 2013 CROP Hunger Walk. For more information, please feel free to contact me at 619-3490 or haId4 C@aol.com. Thank you for your consideration of our request. Sincerely, Lynn Weaver, Chairman CROP Hunger Walk Committee Cc: New Hanover County Commissioners Chris Coudriet Tara Duckworth Board of Commissioners Meeting 10/07/2013 6- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks,Public and Legislative Affairs Manager and Chris O'Keefe,Planning and Inspections Director CONTACT(S): Carey Disney Ricks SUBJECT: Adoption of a Resolution in Response to the Biggert-Waters Flood Insurance Reform Act of 2012 BRIEF SUMMARY: New Hanover County recently submitted a letter of support to Congressman Walter Jones and Congressman Mike McIntyre in their pursuit to delay the implementation of the Biggert—Waters Flood Insurance Reform Act of 2012 for a period no less than one year to allow Congress to address and remedy concerns and potentially steep rate increases for some NFIP policyholders. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Influence legislation and external mandates to enhance local autonomy RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of County Commissioners is requested to adopt the resolution and direct the Public and Legislative Affairs Director to provide to our state and national delegation. ATTACHMENTS: Biggert-Waters Act Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 7-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN RESPONSE TO BIGGERT—WATERS FLOOD INSURANCE REFORM ACT OF 2012 WHEREAS,the National Flood Insurance Program(NFIP) created in 1968 was a key component of the federal government's efforts to minimize the damage and financial impact of floods; and WHEREAS, in the years since its creation, members of Congress have identified and publicly commented on lapses in authority of the program that have prevented FEMA from writing new policies,renewing expiring policies,or increasing coverage limits;and WHEREAS, in response to such lapses, the Biggert — Waters Flood Insurance Reform Act of 2012 was created, as stated by bill cosponsor Congresswoman Waters, to reauthorize and"stabilize"the flood insurance program via a five year reauthorization, critical improvements to the program, increased community input in flood mapping, and a strengthening of the program's financial position; and WHEREAS,bill cosponsor Congresswoman Waters, stated that the intent of the Biggert—Waters Act"was not to impose punitive or unaffordable rate hikes that could make it difficult for some to remain in their homes";and WHEREAS, after receiving reports of homeowners in certain areas facing high and unsustainable flood insurance rates, Congresswoman Waters has committed to "work with FEMA and with colleagues here in Congress to address this unintended consequence of this otherwise helpful legislation'';and WHEREAS, an amendment and bill H.R. 2199 Flood Insurance Implementation Reform Act of 2013, with Congressman Richmond as primary sponsor and Congresswoman Waters and others as cosponsors, was created to delay rate changes due to "unintended consequences"of Biggert-Waters;and WHEREAS, H.R. 2199 and parallel efforts of members of US Congress including North Carolina 3 d District Congressman Walter Jones and 7d'District Congressman Mike McIntyre request further study of certain provisions of the Biggert—Waters Flood Insurance Reform Act of 2012 before implementation;and WHEREAS, New Hanover County intends to work collaboratively with community leaders and stakeholders throughout the county to sustain a viable flood insurance program while also addressing potentially punitive and unintended consequences of the Biggert— Waters Flood Insurance Reform Act of 2012. NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners supports any and all efforts to delay the implementation of the Biggert — Waters Flood Insurance Reform Act of 2012 that would result in steep rate increases for some NFIP policyholders for a period no less than one year to allow Congress to address and remedy these concerns;and BE IT FURTHER RESOLVED,that the New Hanover County Board of Commissioners urges Congress to: • Direct an independent examination of the National Flood Insurance Program's (NFIP) actuarial rates to ensure that they are fair and equitable and once implemented lead to the program's solvency,and • Consider how participation in a Federal Storm Damage Reduction project or compliance with specific State building codes and enhanced construction standards can successfully mitigate loss and lessen community-wide damage even in flood prone areas. ADOPTED this the 7d'day of October,2013. NEW HANOVER COUNTY Woody White, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 7- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks,Public and Legislative Affairs Manager CONTACT(S): Randall Johnson, Executive Director, Southeastern Office, North Carolina Biotechnology Center SUBJECT: Adoption of Clinical Research Week Proclamation BRIEF SUMMARY: The NC Coast Clinical Research Initiative is pleased to announce three events in October focused on Clinical Research in the Wilmington area. A proclamation has been drafted to recognize October 7-13, 2013 as Clinical Research Week in New Hanover County as a way to showcase the sizeable company cluster we have here in Wilmington and the Southeastern region. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Clinical Research Week Proclamation Clinical Reach Initiative Events in October COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 8-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CLINICAL RESEARCH WEEK PROCLAMATION OCTOBER 7-13, 2013 WHEREAS, clinical research is the foundation of a thriving industry cluster in Southeastern North Carolina, home to both world-renowned contract research organizations and small entrepreneurial startups, serving as a key driver of the region's and state's economic vitality; and WHEREAS, the NC Biotechnology Center Southeastern Office and NC Coast Clinical Research Initiative work to strengthen the local clinical research industry which provides and supports knowledge-sector jobs in our region's diverse economy; and WHEREAS, the University of North Carolina Wilmington provides strong support to the clinical research industry, offering the Bachelor of Science in Clinical Research degree program, and a Statistics program focused on Clinical Research; and WHEREAS, New Hanover County and surrounding counties in Southeastern North Carolina benefit significantly from the continued enhancement and growth of the clinical research industry in our area; and WHEREAS, Economic Development activities, such as attracting/expanding/retaining clinical research enterprises, will significantly benefit the economic vitality of the county and surrounding region; and WHEREAS,the strengthening of the clinical research and biotechnology industries will foster entrepreneurship and economic growth, thereby strengthening New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners expresses support for the continued development and promotion of the clinical research industry in Wilmington and New Hanover County, in an effort to enhance the business climate in New Hanover County and the surrounding southeastern region of North Carolina, by naming the week of October 7-13, 2013 "Clinical Research Week in New Hanover County". ADOPTED this the 7th day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 8- 1 - 1 N Register Today: The NC Coast Clinical Research Initiative is pleased to announce three events in October focused on Clinical Research in the Wilmington area. We invite you to join us for the following events focused on strengthening the local clinical research community, with opportunities to connect with business and community leaders from the Wilmington area and beyond. . . NC Coast Dinner Talk With Founder and CEO John Didsbury, 73D Therapeutics Date 9 October 2013 Time 5:30 pm—7:30 pm Location Circa 1922, 8 N. Front St., Wilmington. To Register and for more information, Visit nccoastinnertalk.eventbrite.com UNCW Outlook Conference Date 10 October 2013 Time 7:30 am —11:00 am Location UNCW Burney Center,Wilmington. To Register and for more information,Visit .cs .uncw.eu/ces/conf/eoc/inex.ht -- Presentations, reports and videos with company leaders in the local Clinical Research cluster. Includes an Exhibition Hall for clinical research companies and networking opportunities. NC Coast Lunch and Learn Clinical Research Statistics Basics for Non-Statisticians:An Overview of Randomization Date 10 October 2013 Time 11:30 am—2:00 pm Location UNCW Burney Center,Wilmington. To Register and for more information, Visit nccoaststats.eve nt rite.co "Pre-registration is required, and the event is FREE to the first 40 registrants who also attend the UNCW Outlook Conference. --UNCW Statistics professor Jim Blum will be joined by representatives of local clinical research companies. The NC Coast Clinical Research Initiative: With an already impressive cluster of clinical research companies, educational programs, and local talent, our region is capitalizing on an exceptional opportunity to build on our existing clinical research assets and strengths for greater knowledge sector job growth and economic impact. A local group of corporate, economic development, and academic leaders is taking action to strengthen the local clinical research community through this regional economic development initiative. www.NCCoastClinicalResearch.com Board of Commissioners Meeting 10/07/2013 8-2- 1 NC COAST CLINICAL RESEARCH INITIATIVE: STRENGTHENING CLINICAL RESEARCH IN SOUTHEASTERN NORTH CAROLINA PURPOSE AND ACTIVITY This regional economic development initiative, NC Coast Clinical Research Initiative, is designed to serve as a focal point for strengthening the impressive Clinical Research community (companies, educational institutions including UNCW's clinical research program, business assistance providers, economic developers, health care providers/physicians) in southeastern North Carolina 1. by identifying needs of the Clinical Research community to succeed and grow, Z. by developing action steps to meet those needs, and 3. by facilitating partnerships to implement these action steps. MECHANISM FOR ACTION Creation of and support for focused, collaborative teams to identify needs, generate ideas, create action plans, and execute action plans is necessary. Initial Teams include an Event Team, Statistics Team, Communications Team, Clinical Trials Team, and Leadership Team. •THREE BROAD AREAS OF NEED Building Clinical Research Community Cohesion • Increasing Clinical Research Community Visibility, Recognition, and Support in the Southeastern Region and beyond • Increasing and Enhancing Local Clinical Trials The ultimate goal of the NC Coast Clinical Research Initiative is to build an even stronger CR community that we can promote across North Carolina, the U.S., and the world as the world- class CR cluster it is. Board of Commissioners Meeting 10/07/2013 8-2-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 9 DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell SUBJECT: Approval of August 2013 Tax Collection Reports BRIEF SUMMARY: Tax collection reports for the month of August 2013 are submitted for approval. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: August 2013 Collection Reports COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. 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General Fund Amendment #2 This budget amendment appropriates $3,212,491 from the New Hanover County Board of Education fund balance to fund items that were eliminated due to state budget reductions and prevent a reduction in force. The school staff plans to adjust the Teacher and Teacher Assistant formulas, increasing class size and reducing the number of allotted positions for next year to absorb the state reduction in the'FY14-15 budget. Capital Outlay Fund Budget Amendment #1 amends the budget for ongoing Capital Projects approved in prior years ($4,693,320), lottery projects approved by the Department of Public Instruction ($893,200), and insurance proceeds ($10,000). These funds are being carried over from previous years. The Board of Education approves the initial total capital project budget,but has to appropriate the unspent portion of funds each year for multi-year projects. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education budget amendments. ATTACHMENTS: Board of Education General Fund Amendment#2 and Capital Outlay Fund Budget Amendment#1 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 10-0 N i Now Hanover County Board of Education General Fund Amendment#2 Be it resolved by the New Hanover County Board of Education that the following amendments be made to the Budget Resolution for the fiscal year ending June 30,2414,on the 3rd day of September,2013: Increasel(Decrease) Expenditures by PurposalFunctlon: Instructional services: Regular Instruction $ 3248,440.00 Spacial Populations - Alternative Programs - School Leadership - Co-Curricular - School-Based Support (132,540.00) System-wide support services. Support and Development $ Special Population Support and Development Alternative Program Support and Development Technology Support Operational Support (3,449.00) Financial and Human Resources 87,549.80 Accountability - System-VYde Pupil Support - Policy,Leadership and Public Relations 12,450.20 Ancillary. Community Services $ Nutrition Services - Non-programmed Charges. Payments to Other Governments $ Interlund Transfers - Scholarships - $ 3,212,491.00 Revenue by Source: New Hanover County $ Federal Sources Other Revenues Fund Balance Appropriation 3,212,491.00 $ 3,212,491.00 Explanation: To appropriate canryover to offset state budget reductions($3,215,940),to correct carryover($3,449),and to record transfers to cover increase in workers compensation insurance and to record safely training under correct purpose code. Total Appropriation in Current Budget $ 71,726,950.67 Amount of Increasel(Decrease)of above Amendment 3,212,491.00 Total Appropriation in Current Amended Budget $ 74;939,W4' 7 r Passed by majority vote of the Board of Education of New Hanover County on the day of 2013 . r Chairrn n,S rid of Ed on S e ry, rd of Education Board of Commissioners Meeting 10/07/2013 10- 1 - 1 t Now Hanover County Picard of Education Capital Outlay Fund Budget Amendment#)1 r Be it resolved by the New Hanover County Board of Education that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2014, on the 3rd day of September, 2013:, lncreasel(Decrease) Expenditures by PurposelFunctlon: Regular Instruction $ 53,403.41 Capital Outlay 3,704,437.08 Technology Support 510,130.06 Operational Support 1,234,364.56 Unbudgeted(Contingency) 14,105.24 5,596,520,35 Revenue by Source; New Hanover'County - DPI School Bus Revenue 960,012.00 PSBCF-Lottery Revenue 3,123,388.90 CSCB Revenue 172,122,04 Bond Revenue 2,000.00 Insurance(proceeds 10,000.00 Transfers from other Funds - Fund Balance Appropriated 1,328,997.41 $ 5,596,520.35 j ii Explanation; To amend the budget for on-going Capital Projects approved in prior years($4,69 ,320.35), lottery projects approved by by the DPI($893,200),and Insurance Proceeds($10,000). Total Appropriation in Current Budget $ 4,124,411..110 Amount of Increasel(Decrease)of above Amendment 5,596,520.35 Total Appropriation In Current Amended Budget $ 9,720,931,35 Passed by majority vote of the Board of Education of New Hanover County on the day of 2006 , Ch ' an,Bo rd of Ed lore "c7 and of Education Board of Commissioners Meeting 10/07/2013 10- 1 -2 I NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 CONSENT ITEM: 1 1 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2014. 14-017- Sheriffs Office 14-018 - Sheriffs Office 14-019 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 14-017 B/A 14-018 B/A 14-019 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 11 -0 AGENDA: October 7,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 017 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-017 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: SHERIFF-Justice Assistance Grant Program Department: Sheriff Expenditure: Decrease Increase Sheriffs Office-JAG $40,304 Total $0 $40,304 Revenue: Decrease Increase Sheriffs Office-JAG $40,304 Total $0 $40,304 Section 2: Explanation To budget a Justice Assitance Grant(JAG)for 2013 funding from the U.S.Department of Justice. Funds will be used for vehicles purchases. This is a joint grant with the City of Wilmington and New Hanover County approved by Commissioners at their July 15,2013 meeting. No 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 14-017,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 7th day of October,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/07/2013 11 - 1 - 1 AGENDA: October 7,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 018 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-018 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Controlled Substance Tax Fund Department: Sheriff Expenditure: Decrease Increase Sheriffs Office $1,868 Total $0 $1,868 Revenue: Decrease Increase Sheriffs Office $1,868 Total $0 $1,868 Section 2: Explanation To budget Controlled Substance Tax receipts for 8/21/13 and interest on investments. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is$36,832. 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 14-018,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 7th day of October,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/07/2013 11 -2 - 1 AGENDA: October 7,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 019 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-019 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Federal Forfeited Property Fund Department: Sheriff Expenditure: Decrease Increase Sheriffs Office $23,333 Total $0 $23,333 Revenue: Decrease Increase Sheriffs Office $23,333 Total $0 $23,333 Section 2: Explanation To budget Federal Forfeited Fund receipts of 7/29/13, 8/20/13, 8/27/13,and 9/16/13.Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Federal Forfeited Property Fund is$279,478. 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 14-019,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 7th day of October,2013. (SEAL) Woody White,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/07/2013 11 -3- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 REGULAR ITEM: 12 DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Advocate/Outreach Coordinator, Domestic Violence Shelter& Services, Inc. CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Andrea Stough is the Advocate/Outreach Coordinator for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2013 as Domestic Violence Awareness Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Domestic Violence Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching and may cause families to seek safe shelter, the criminal justice system to expend valuable resources, and families and friends to experience grief and concern for their loved ones; and WHEREAS, 1,542 adults and children sought safe shelter or other direct services at Domestic Violence Shelter and Services, Inc. in the year 2012; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2013 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 7th day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 12- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 REGULAR ITEM: 13 DEPARTMENT: County Manager PRESENTER(S): Duane Eastmond,President, Guardians of the Ribbon, Cape Fear Chapter CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Cares Enough to Wear Pink Days Proclamation BRIEF SUMMARY: Duane Eastmond, President of Guardians of the Ribbon, Cape Fear Chapter, has submitted a proclamation to recognize October 25-27, 2013 as "Cares Enough to Wear Pink Days" in New Hanover County. Mr. Eastmond or another board member will be present to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Cares Enough to Wear Pink Days Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 13-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CARES ENOUGH TO WEAR PINK DAYS PROCLAMATION WHEREAS, Guardians of the Ribbon Inc/DBA Pink Heals Tour is an National non-profit organization consisting of firefighters, police officers and leaders in the community whose sole purpose is raising awareness for the fight against cancer; and WHEREAS, in September 2007 the "Pink Heals Tour" began, encouraging public safety professionals, local leaders and citizens throughout the community to wear pink in honor of all women and to join forces to help them in their fight against cancer; and WHEREAS, the spirit of this campaign is to fight for those who have lost the ability to fight for themselves; asking for public support and raising understanding and awareness to all citizens; and WHEREAS, anything is possible when good people devote themselves to a cause that does so much good and benefits so many; and WHEREAS,the "Cares Enough to Wear Pink" campaign honors all women and recognizes the need to come together as a collective group and help with the fight against cancer, reminding future generations that people who are not affected by an illness can come together for those who are. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 25-27, 2013 be recognized as "Cares Enough to Wear Pink Days" in New Hanover County. ADOPTED this the 7th day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/07/2013 13- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7,2013 REGULAR ITEM: 14 DEPARTMENT: PRESENTER(S): Joe Suleyman,Environmental Management Director CONTACT(S):Joe Suleyman SUBJECT: Presentation of Cost Estimate for Deconstruction of the Wastec Facility,and Request for Direction for Proceeding with Phase II of the Comprehensive Solid Waste Management Plan BRIEF SUMMARY: The Board of Commissioners heard the Phase I CDM Smith report Tuesday, September 3,2013.An updated summary review of the Phase I components of the Comprehensive Solid Waste Management Plan was then presented on Monday, September 16, 2013. CDM Smith is seeking direction from the Board of Commissioners in proceeding with Phase II of the Comprehensive Solid Waste Management Plan. As requested by the Board, staff sought a budget estimate for the full and partial deconstruction of the Wastec Facility. The budget estimate for the full deconstruction of all buildings/structures down to 3'below grade is less than $250,000. This estimate is based on the contractor retaining all salvage rights, landfill disposal fees are waived,and excludes any costs with disconnecting or capping of utilities. A budget estimate for the partial deconstruction of the facility (retaining the infrastructure currently housed recycling and Household Hazardous Waste operations) is not yet available, but is not expected to alter the budget estimate significantly. STRATEGIC PLAN ALIGNMENT: Effective County Management • Leverage technology and information to enable performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Provide direction for proceeding with Phase II of the Comprehensive Solid Waste Management Plan. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Provide CDM Smith direction for proceeding with Phase II of the Comprehensive Solid Waste Management Plan. COMMISSIONERS'ACTIONS: The County Manager and staff were directed to enter talks with a committee to include two Commissioners to negotiate a service contract with Waste Industries to discuss all the topics discussed by a vote of 4-1, Commissioner Barfield dissenting. Staff was also directed to explore insurance options on the Wastec facility. Board of Commissioners Meeting 10/07/2013 14-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner(PB Rep: Tamara Murphy) CONTACT(S): Ben Andrea; Chris O'Keefe, Planning& Inspections Director; Ken Vafier, Current Planning& Zoning Supervisor SUBJECT: Public Hearing Text Amendment (A-413, 9/13) - Request by Staff to Amend Sections 23, 50.2, 72-20, and 81-1 of the Zoning Ordinance Regarding Child Day Care Centers BRIEF SUMMARY: This amendment will replace the existing ordinance language referring to Child Day Care Centers with two new uses: Child Care Centers and Family Child Care Homes. The amendment includes definitions for the two uses, specifies in which zoning districts the uses are permitted, and establishes standards for each. The amendment also includes the allowance for Family Child Care Homes with less then nine children to operate by right in residential zoning districts. At their September 5, 2013 meeting, the Planning Board voted 7-0 to recommend approval of the text amendment. No one from the public spoke in support or in opposition of the amendment. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development,infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the amendment. ACTION NEEDED: 1. Approve as recommended 2. Approve with changes 3. Continue for further information 4. Deny the amendment ATTACHMENTS: A-413 Script Board of Commissioners Meeting 10/07/2013 15-0 A-413 Child Care Text Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 15-0 ITEM # SCRIPT FOR TEXT AMENDMENT A-413, 9/13 REQUEST BY STAFF TO AMEND SECTIONS 23, 50.2, 72-20, AND 81-1 OF THE ZONING ORDINANCE REGARDING CHILD DAY CARE CENTERS. CHAIRMAN 1. This is a public hearing. We will first hear a presentation from staff. Then proponents of the text amendment and opponents of the text amendment will each be allowed 15 minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side. 2. Open the public hearing. a. Staff Presentation b. Proponent's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Proponent's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Commissioner discussion 5. Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 10/07/2013 15- 1 - 1 A-413 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Affected Ordinance Sections: • Article IL Definitions • Article V, Section 50.2: Tabulation of Permitted Uses • Article VII, Section 72-20 • Article VIII, Section 81-1 Summary of Amendment: This amendment will replace the existing use of Child Day Care Center with two new uses, Child Care Center and Family Child Care Home, define these uses, specify in which zoning districts the uses are permitted, and establish standards for the uses. Planning Board Recommendation: Unanimously Recommended Approval at their September 5, 2013 meeting. Proposed additions are in red. Proposed deletions are in PROPOSED AMENDMENT: Article IL• Definitions gt- � —t tHtfl-a&""'u S44A 41,& Child Care Center— An arrangement where, at a:-x' one time, there are three or more preschool-age children or ra rfr^ or more school-age children receiving child care, unless excluded by NCGS § t it1-82(2). Karim " d1d "are i-Iome—.fir: ar°r°anuemenfit located r: a resident here, at aria r r:r^ t���r^� ��drr r rr rr��r child care, �:r �r�� r�r� :dr d b m more than te children but less than nine c NCGS § t t 0-82(2), Article V, Section 50.2: Tabulation of Permitted Uses Ri O F R R R R R7 B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 1 2 1 2 1 R I C A U Regs ChiI.J..,.,'s n-,.,!'-,.., Family ChHd Care Home F P F P F P S P S 72-90 Child Care Cente P 1 Board of Commissioners Meeting 10/07/2013 15-2 - 1 Article VII, Section 72-20 Child Care I-fornes Child are i-forne may be permitted in any residential district subject to the dimensional requirements of the district and provided: " ..r M-4 - r ; F - -hog "$ ont -t4 Fey t "fib-t f) l LThe entire play area is enclosed with a fence having a minimum height of four (4) feet and constructed in such a manner that maximum safety is ensured; No outside sign in excess of two (2) square feet in area shall be permitted, except when such facility is located on an existing collector or arterial facility as indicated on the New Hanover County Thoroughfare Classification Plan,in which case the maximum sign area shall be twelve (12) square feet. Article VIII, Section 81-1 Child Care Center One (1) space „rer eiri YYt3 8L Larticiparrts, 2 Board of Commissioners Meeting 10/07/2013 15-2 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 REGULAR ITEM: 16 DEPARTMENT: PRESENTER(S): Ken Vafier, Current Planning&Zoning Supervisor (PB Rep; Tamara Murphy) CONTACT(S): Ken Vafier; Chris O'Keefe, Planning & Inspections Director; and Shawn Ralston, Planning Manager SUBJECT: Public Hearing Text Amendment (A-414, 9/13) - Request by Staff to Amend Section 62.1-10 of the Zoning Ordinance Street Yard Landscaping Regulations to Accommodate Sidewalks and Multi-use Paths BRIEF SUMMARY: Staff proposes to amend Section 62.1-10: Street Yard Landscaping. The proposed amendment removes reference to the "creative standard" and inserts language in 62.1.10 (6) to allow limited flexibility in the planting requirements should specific site conditions warrant. The amendment also proposes to increase the minimum streetyard area from 300 square feet to 600 square feet in response to concerns that the minimum area is relatively small and results in overcrowding and compromised health with the plantings at maturity. In addition, the amendment allows access driveways, sidewalks or other bicycle and pedestrian facilities, and transit amenities such as bus shelters or drives be subtracted from the required streetyard area. At their September 5, 2013 meeting,the Planning Board voted 7-0 to recommend approval of the amendment with one modification adding the language regarding transit amenities. No one from the public spoke in support or in opposition of the proposed amendment. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure • Implement plans for land use, economic development,infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of text amendment. ACTION NEEDED: 1. Approve as recommended 2. Approve with changes 3. Continue for further information 4. Deny the amendment TT Board of Commissioners Meeting 10/07/2013 16-0 A-414 Script A-414 Street Yard Text Amendment Streetyard Calculation Illustration Streetyard Planting Illustration COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/07/2013 16-0 ITEM # SCRIPT FOR TEXT AMENDMENT A-414, 9/13 REQUEST BY STAFF TO AMEND SECTION 62.1-10 OF THE ZONING ORDINANCE STREET YARD LANDSCAPING REGULATIONS TO ACCOMMODATE SIDEWALKS AND MULTI-USE PATHS. CHAIRMAN 1. This is a public hearing. We will first hear a presentation from staff. Then proponents of the text amendment and opponents of the text amendment will each be allowed 15 minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side. 2. Open the public hearing. a. Staff Presentation b. Proponent's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Proponent's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Commissioner discussion 5. Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 10/07/2013 16- 1 - 1 A-414 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Affected Ordinance Sections: • 62.1-10 Street Yard Landscaping • 62.1-10 (2)(A) • 62.1-10 (5) • 62.1-10 (6) • 62.1-10 (7) Summary of Amendment: Staff proposes the following changes to the Ordinance language: 1. Eliminate the reference to the "Creative Standard" as no additional standards for this option are specified within the current ordinance. In lieu of this standard, staff proposes additional language in 62.1.10 (6)to allow limited flexibility in the planting requirements should specific site conditions warrant. 2. Increase the minimum streetyard area from 300 square feet to 600 square feet in response to concerns that the minimum area is relatively small and results in overcrowding and compromised health with the plantings at maturity. 3. Specify that access driveways, sidewalks or other bicycle and pedestrian facilities, and transit amenities such as bus shelters or drives may be subtracted from the streetyard area in order to accommodate these features within the site design. 4. Remove language limiting impervious area within the streetyard is also proposed to be removed as impervious coverage during site design will be addressed via stormwater regulations. Planning Board Recommendation: Unanimously Recommended Approval at their September 5, 2013 meeting. Proposed Ordinance Language: Proposed changes are in red. Proposed deletions are in red and st riketlr rough. Section 62.1-10: Street Yard Landscaping (1) A street yard, 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 f ll wing>> requirements (A)- Iir-" 4 a : For every v )600 sq. ft. of streetyard area, the streetyard shall contain: (3) 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 (4) Six shrubs, 12" in height at planting. (A) Areas designated for stormwater functions except piped areas shall not be included in the calculation of streetyard square footage. (5) 3t° � ° °1 - u � -� i-ate -,k-Walkways, sidewalks or other bicvcle and pedestrian facilities, fountains, walls or fences, and tran si aine-ni ties e-kf- w �. ��. . , ,shall be permitted tiro s reeetyrrr , h wee er, parking areas shall not be permitted, 1 Board of Commissioners Meeting 10/07/2013 16-2 - 1 (6) 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. On a case-by-case basis, the Zoning Administrator or heir designated a0ent rr°av approve alteirrative planting materials 01" substitutions to streetyard planting requireryients where recitill"eryients would not be practical because ofexisting vegetation, Such substitutions must be determined o be in keeping with the ptupose and intent.of this section, (7) The Streetyard area is calculated by: Step One: Multiplying the designated streetyard factor in accordance with the zoning designation of the property by the linear street frontage of the property Eels the road fi-ontirrg>> width of any access r i es within the streets r.rrP to determine the base streetyard area" Step Two: Subtracting .Errs area of any walkways, sidewalks or other bicycle and pedestrian facilities,, an .ran i. arr°r ni ties fr"t}m the base `tree`t'vard area to get the total required streetyard area, The applicant may install the streetyard in any configuration that provides the required amount of streetyard square footage between the property line and any site improvements. The maximum and minimum widths as listed in the following table may not be exceeded in any portion of the streetyard. 2 Board of Commissioners Meeting 10/07/2013 16-2 -2 LL ILA m vi Q tea, Via:i i .0 N vY 10 a 4 J S� i r N v t�, t r �F d �Yy� v� «{ CO Qj to 4 s i LL r L ` s i ,�i �I���C�{i 0000llll0000llllllli �', � ._ h- I ( i cr V X cc f Efa!ys,i �� L s+— (a +.a 2 i a U- II i Ln Ln- m a 4-J Ln ff ft a` rn SO i I 10/07/2013 16-3- 1 , ' 1 r f rp.Y {A � UD CA fs i k 44}IZ }tr CL o �n tD I; V 4J CD tt� (1) 0) r L a CL cts -C Ln V lD X t J O CD CD C) I�D 0 0 ,4. I a} lD tD it ( 6 m M 10/07/2013 - 16-4- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 7, 2013 REGULAR ITEM: 17 DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher,Finance Director CONTACT(S): Lisa Wurtzbacher SUBJECT: A. Overview of Wave Route Costs B. Consideration of Wave Loan Payback BRIEF SUMMARY: Review October 3 work session regarding Wave and direct staff on loan position and modifications to the ILA. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) A. Hear route costs presentation. B. Forgo Wave loan repayment and direct modification to ILA. COMMISSIONERS'ACTIONS: Heard presentation. Approved forgiveness of the loan repayment and directed staff to pursue modification of the interlocal agreement 5-0. Board of Commissioners Meeting 10/07/2013 17-0