Agenda 2010 03-01AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmin ton, NC g
JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE-CHAIRMAN ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
MARCH 1, 2010 4:00 P.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
CLOSED SESSION Pursuant to G.S. 143-318.11(a)(6) to Conduct Annual Performance
Appraisals for the County Manager, County Attorney and Clerk to the Board
6:00 P.M. RECONVENE
INVOCATION (Bill Braswell, Pastor, Pine Valley United Methodist Church)
PLEDGE OF ALLEGIANCE (Boy Scouts)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Consideration of Proclamation to Recognize March 10, 2010 as Kiwanis Club
of Wilmington, Inc. Day
3. Approval of Tax Collection Reports
4. Approval of New Hanover County Board of Education Capital Outlay Budget
Amendment #7
5. Adoption of Ordinance for Budget Amendment
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:10 p.m. 6. Consideration of a Resolution Honoring Community Partners and Celebrating
100 Years of Scouting
6:15 p.m. 7. Presentation on Honor Flight of Southeastern North Carolina
6:25 p.m. 8. Consideration of Award of Bid # 10-0296 and Approval of Contract to Triad
Fire, Inc. for the Purchase of a Custom Fire Pumper in the Amount of
$542,909
6:35 p.m. 9. Public Hearing
Rezoning Request (Z-901, 2/10) - Request by Squires Timber Company to Rezone Approximately 1.58 Acres at 5233 Castle Hayne Road from RA Rural
Agricultural to 0&I Office and Institutional District
6:55 p.m. 10. Public Hearing
Text Amendment (A-384, 2/10) - Request by Planning Staff to Amend
Various Sections of the Ordinance Relating to the Exceptional Design Zoning
District, Including Administrative Corrections and Technical Refinements
7:15 p.m. 11. Consideration of Draft ABC Board Policies
NON-AGENDA ITEMS (limit three minutes
Board of Commissioners Meeting n2m~ ~~nl n
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ADDITIONAL AGENDA ITEMS OF BUSINESS
7:40 p.m. 12. Approval to Accept Grant Funds to Enhance Americans with Disability Act
(ADA) Compliance in New Hanover County's Voting Locations
7:45 p.m. 13. Additional Items
County Manager
County Commissioners Clerk to the Board
County Attorney
7:55 p.m. 14. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
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 February 11, 2010
Regular Session meeting held on February 15, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Chairman Jason R. Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Consideration of Proclamation to Recognize March 10, 2010 as Kiwanis Club of Wilmington, Inc. Day
BRIEF SUMMARY:
Randy Peebles with Wilmington Kiwanis Club of Wilmington, Inc. is requesting the Board consider
adopting a proclamation recognizing the Club for its ninety years of contributions to the New Hanover
County community and proclaiming March 10, 2010 as Kiwanis Club of Wilmington, Inc. Day. Chairman
Thompson is attending the March 10, 2010 celebration and will present the proclamation to the organization.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Wilmington Kiwanis Day 2010
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WILMIl~IGTON KIWANIS CLUB DAY
PROCLAMATION
WHEREAS, Kiwanis International is dedicated to changing the world, one child and one community
at a time, with approximately 8,000 clubs nationwide, adult membership in excess of 260,000, and
youth membership in excess of 320,000; and
WHEREAS, the first Kiwanis Club in the United States was formed in Detroit, Michigan on January
21,1915; and
WHEREAS, the Kiwanis Club of Wilmington, Inc. was formally organized on March 10, 1920 and
officially chartered on May 27,1920 with 105 members; and
WHEREAS, the core purpose of the Kiwanis Club of Wilmington, Inc. is to improve lives through
fellowship in service with the mission to offer service and leadership opportunities to those who desire
to serve the needs of children, youth, and adults in our community; and
WHEREAS, the Kiwanis Club of Wilmington, Inc. sponsors the Key Club at New Hanover High
School and the Circle K Club at UNCW; and
WHEREAS, the Kiwanis Club of Wilmington, Inc. for thirteen years exclusively sponsored and financed the Brigade Boys Club, which opened on July 1, 1921 and has contributed over $695,000 to
the Brigade Boys and Girls Club as it is presently known; and
WHEREAS, the Kiwanis Club of Wilmington, Inc., among other initiatives, also sponsors Mother
Hubbard's Cupboard, the Cribs for Kids Program, the Big Buddy Program, scholarships at both the
University of North Carolina at Wilmington and Cape Fear Community College, and the Reading Is
Fundamental Program; and
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that Wednesday, March 10, 2010 be designated as KIWANIS CLUB OF
WILMIl~IGTON, INC. DAY in recognition of ninety years of contributions to the New Hanover County community.
ADOPTED this the 1st day of March, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
CONSENT
ITEM: 3
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for January 2010 are submitted for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
Tax Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
CONSENT
ITEM: 4
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Approval of New Hanover County Board of Education Capital Outlay Budget Amendment #7
BRIEF SUMMARY:
On February 2, 2010, the New Hanover County Board of Education approved Capital Outlay Budget
Amendment #7. This budget amendment increased the funding in the current amended budget by $13,104
and transferred funds between projects. Bond funds ($700,000) were transferred from Sunset Park to Bond
Contingency, and $78,000 was transferred from Pre-K Renovations -Johnson to Pre-K Renovations - Blount.
The $13,104 was a rebate check received from Progress Energy Carolina's Energy Efficiency Business
Program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the County Comissioners review and approve Board of Education Capital Outlay Budget
Amendment #7.
ATTACHMENTS:
Budget Amendment #7
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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APPENDIX E
NEW HANOVER COUNTY
BOARD OF EDUCATION
Finance
February 2, 2010
Subject;
200912010 Budget Amendments
Staff Members}Present;
Chief Financial Officer
Fiscal implications;
$ 390,434,00 State Budget Amendment # 5
$ 13,146,00 General Fund Amendment # 1
$ 7,124,290,66 Federal Grants Fund # 2
$ 13,104,00 Capital Outlay Amendment # 7
Recommendation.
Approval -February 2, 2010
Board of Commissioners Meeting n2m~ ~~n~ n
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Budget Amendment #1
New Hanover County Administrative Unit
Capital Outlay Fund
The New Hanover County Board of Education a# a meeting on the 2nd day of February 2010,
passed the fialiowing resolution,
Be it resolved that the fallowing amendments be made to the Budget Resolution for the fiscal year
ending June 30, 2010,
Code Number Description of Code increase Decrease)
Various See Attached $13,104,00
Revenue:
Various See Attached $13,104,00
Explanation: See attached
Total Appropriation in Current Budget $ 34,411,466.34
Amount of IncreaselDecrease of above Amendment 13,104,00
Total Appropriation in Current Amended Budget $ 34,490,510,34
Passed by majority vote of the Board of Education of New Hanover County on the day of
~2~ru~~w„ , 2Q ~ a , f /L (/I~
Chairman, Board of Educ '
cretary, Board of Education
Board of Commissioners Meeting n2m~ ~~n~ n
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Capital Outlay Fund Amendment #7 REVISED
Program Project # Project Description Total
Transferprojecfsovings to Confingency;
820 - 2005 Bond Program 8500 Bond Contingency 700,000.00
9020 Sunset Park (700,400.00)
Transfer Pre-K renovafion funding from Biounf fo Johnson:
810 - 2009110 Capita! Projects 9036 Pre-K Renovations -Johnson 78,000.00
9036 Pre-K Renovations -Blount {78,000.44)
To record budgef fro rebafe check received from Progress Energy Carolina's Energy Efficency
Business Program:
801- Capital Outlay 8500 Contingency 13,144.00
Revenue:
4.4490.000 Miscellaneous Income X13,104.04)
Net Change in Capital Outlay 13,104.00
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
CONSENT
ITEM: 5
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinance for Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2010.
2010-44 -Finance Department
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendment listed in the summary above.
ATTACHMENTS:
B/A 2010-44
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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AGENDA: March 1, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-44
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-44 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Mason Inlet Relocation
Department: Finance
Ex enditure: Decrease Increase
Ca ital Pro'ect EX enditures $356,671
Total $356,671
Revenue: Decrease Increase
Transfer in from S ecial Revenue Fund $356,671
Total $356,671
Section 2: Explanation
This budget amendment is for expenses related to year eight of the Mason Inlet Relocation project and the
on-going required maintenance and monitoring contracts.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2010-44, amending the
annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: 6
DEPARTMENT: County Manager PRESENTER(S): Jim McDaniel, Parks, Gardens, Senior Resources
Director and Andy Johnson, Parks Superintendent
CONTACT(S): Mark Boyer, Public Information Officer
SUBJECT:
Consideration of a Resolution Honoring Community Partners and Celebrating 100 Years of Scouting
BRIEF SUMMARY:
As part of the 100th Anniversary of the Boy Scouts of America, the Cape Fear Council, BSA will hold its
annual Scout Show at Hugh MacRae Park, March 5-7. Scouts from New Hanover, Brunswick and Pender
Counties will be participating and demonstrating scouting skills. The weekend event will also include a park clean up service project, demonstrations of scouting activities and a graduation campfire for boys graduating
from Cub Scout to Boy Scout. Chief District Court Judge Jay Corpening will officiate at the Crossover
Ceremony.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Resolution Honoring Community Partners and Celebrating 100 Years of Scouting
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
HONORING COMMUNITY PARTNERS AND CELEBRATING 100 YEARS OF
SCOUTING
WHEREAS, the success of Scouting for Cub Scouts, Boy Scouts, and Venturing depends on our
community organization; and
WHEREAS, there are churches and synagogues, schools and parent-teacher associations,
service and fraternal clubs, and other community organizations that have been chartered in our
area by the Boy Scouts of America to use the Scouting program; and
WHEREAS, the volunteer leaders selected by these chartered organizations are performing an
outstanding service for hundreds of boys and young men and women; and
WHEREAS, for 100 years, the Boy Scouts of America has created a strong foundation of
leadership, service, and community for millions of America's youth; and
WHEREAS, the Cape Fear Council of Boy Scouts of America, will "Celebrate the Future and
Continue the Journey" of scouting during the annual Cape Fear Scout Show to be held at Hugh
MacRae Park March 5-7, 2010; and
WHEREAS, the event includes a service project for the park, demonstrations of various
scouting activities, a gathering of Eagle Scouts, and a Graduation Campfire for Cub Scouts to
Boy Scouts.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners congratulates Boy Scouts of America on its 100th Anniversary and urges our
citizens to join in our appreciation to the community organizations and their volunteer Scout
leaders, for bringing this values-based program to our young people.
ADOPTED this the 1St day of March, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: 7
DEPARTMENT: County Manager PRESENTER(S): Jason McLeod, Honor Flight of Southeastern
North Carolina
CONTACT(S): Vice-Chairman Barfield and Bruce T. Shell, County Manager
SUBJECT:
Presentation on Honor Flight of Southeastern North Carolina
BRIEF SUMMARY:
Vice-Chairman Barfield has invited Jason McLeod to give a presentation on Honor Flight of Southeastern
North Carolina. Mr. McLeod will share a video and brief remarks.
Honor Flight of Southeastern North Carolina is anon-profit program operated entirely by volunteers. The
Wilmington, NC headquarters is affiliated with the national Honor Flight Network and serves veterans of
southeastern North Carolina and surrounding areas. Honor Flights demonstrate respect and admiration for
World War II veterans by flying them at no cost to Washington, DC to see the magnificent World War II
Memorial. Honor Flight of Southeastern North Carolina's Inaugural flight is April 13, 2010. For more
information or to receive forms by mail, call 910-874-VETS(8387) or visit their website at http://www.honorflightsenc.org.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: $
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Frank Meyer, Deputy Fire Chief and Lena Butler, Purchasing Agent
SUBJECT:
Consideration of Award of Bid # 10-0296 and Approval of Contract to Triad Fire, Inc. for the
Purchase of a Custom Fire Pumper in the Amount of $542,909
BRIEF SUMMARY:
A Request for Bids (RFB) was published in the Star News on Sunday, January 17, 2010. This request was
also posted on the State of NC Interactive Purchasing System. In addition, a copy of this request was
emailed to interested bidders listed on the County's bidder's list for this type of equipment.
The bid request asked bidders to include several options. Bidders were asked to quote the cost of a 2009
pumper and a 2010 pumper with an engine upgrade with the new EPA diesel emission control standards.
Bidders were also asked to identify whether the County would have the option to purchase additional units at
the same price for the next three (3) years if needed.
Bids were due no later than 2:00 PM Thursday, February 4, 2010. At the appointed time and hour, only one
vendor, Triad Fire, Inc., submitted a bid. Since three bids are only required for construction or repair
contracts in the formal bid range, the bid was opened, read aloud, and recorded.
Triad Fire, Inc. 2009 Engine $542,909
Triad Fire, Inc. 2010 Engine $550,911 Delivery of the unit 6.5 to 7.5 months.
Additional units will increase 3 percent each year.
Staff reviewed the bid and recommends that the County purchase the pumper with the 2009 engine
and award the bid to Triad Fire, Inc. in the amount of $542,909.
In the adopted FY09-10 budget, the Board approved the purchase of a custom fire pumper by financing
through a lease purchase agreement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution awarding bid and contract # 10-0296 to Triad, Inc., in the amount of $542,909,
and authorize the County Manager to execute the contract. Adopt ordinance for budget amendment 10-166
prepared for accounting purposes only.
ATTACHMENTS:
Resolution
B/A 10-166
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting n2m~ ~~n~ n
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Recommend approval.
COMMISSIONERS' ACTIONS:
Adopted the resolution 5-0. Adopted the ordinance for budget amendment 10-166 by a vote of 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD BID FOR THE PURCHASE OF ONE (1) CUSTOM PUMPER
WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Supervisor at
2:00 PM, Thursday, February 4, 2010, in the New Hanover County Finance Office, Suite 165, Conference
Room 502 located at 230 Government Center Drive, Wilmington NC, and the following bid was received for
one (1) Custom Pumper with the option to purchase additional units, RFB # 10-0296; and
Triad Fire, Inc. 2009 Engine X542,909
Triad Fire, Inc. 2010 Engine X550,911
WHEREAS, NC General Statutes require three bids only for construction or repair contracts in the formal
bidding range and no minimum number of bids for purchase contracts; therefore, the bid was opened at the
appointed time and read aloud; and
WHEREAS, staff reviewed the bid and recommends that the County purchase the pumper with the 2009
engine and award the bid to Triad Fire, Inc. in the amount of $542,909; and
WHEREAS, budget amendment 10-166 has been prepared and is for accounting purposes to record and
budget the financing proceeds and is submitted for approval as part of this request.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board Commissioners approves
contract # 10-0296 and bid award for the purchase of one (1) Custom Pumper for Fire Services to be awarded to Triad Fire, Inc., in the amount of $542,909 and the approval of the associated budget amendment and hereby
directs the County Manager to execute contract # 10-0296, contract form to be approved by the County
Attorney.
ADOPTED this the 1St day of March, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schuh, Clerk to the Board
Board of Commissioners Meeting n2m~ ~~n~ n
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AGENDA: March 1, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-166
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-166 be made to the annual budget ordinance for the
fiscal year ending June 30,1010.
Section 1: Details of Budget Amendment:
Fund: Special Fire Service District
Department: Fire Services Operations
Ex enditure: Decrease Increase
Fire Services 0 erations:
Ca ital Outla -Motor Vehicle $542,909
Total $542,909
Revenue: Decrease Increase
Fire Services 0 erations: Installment Loan Proceeds $542,909
Total $542,909
Section 2: Explanation
In the Adopted FY 09-10 Budget, the Board approved the purchase of a Custom Fire Pumper by financing
through a lease purchase agreement. This budget amendment is only a book entry necessary to record the
revenue and expenditure.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-166, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jason R. Thompson, Chairman ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 8-2-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: 9
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z-901, 2/10) - Request by Squires Timber Company to Rezone Approximately 1.58
Acres at 5233 Castle Hayne Road from RA Rural Agricultural to 0&I Office and Institutional
District
BRIEF SUMMARY:
At its February 4, 2010 meeting, the Planning Board voted 6-0 to recommend approval of a zoning change to
Office and Institutional (0&I) District rather than the originally requested B-2 Highway Business District.
The petitioner was amenable to the change. One adjacent property owner expressed concerns for placing B-2
zoning adjacent to his residential acreage and noted that 0&I was applied in a similar circumstance on
property north of the subject property.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE: The County Commissioners find that this request for zoning map amendment from RA Rural
Agricultural district to 0&I Office and Institutional district as described is (or is not): 1. Consistent with the purposes and intent of the Community land classification; land
use policy 4.1 adopted in the 2006 CAMA Land Use Plan; and the 2008 Castle
Hayne Community Plan;
2. Reasonable and in the public interest to allow transition of land use from a low density
residential rural agricultural district along an arterial roadway to Office and Institutional
use.
ATTACHMENTS:
Z-901 Staff Summary
Z-901 Petition
Z-901 Adj Prop Map
Z-901 Applicant Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 9-0
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 9-0
COUNTY COMMISSIONERS
March 1, 2010
CASE#: Z-901, (2/10)
APPLICANT: Squires Timber Company
REQUEST: From RA rural agricultural to 0&I Office and Institutional
District
ACREAGE: Approximately 1.58 acres
LOCATION: 5233 Castle Hayne Road
LAND CLASS: Community
PLANNING BOARD ACTION: At its February 4, 2010 meeting, the Planning Board voted
6-0 to recommend a royal of a zoning change to Office and Institutional (0&I) District
rather than the originally requested B-2 Highway Business District. The petitioner was
amenable to the change. One adjacent property owner expressed concerns for placing
B-2 zoning adjacent to his residential acreage and noted that 0&I was applied in a
similar circumstance on property north of the subject property.
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area
classified as Community on the 2006 CAMA Land Classification map. The purpose of the
Community land classification is to provide for a village type of development to help
meet housing, shopping, employment and public service needs within the more rural
areas of the County. These areas are typically characterized by a small grouping of
mixed land uses, such as community shopping, strip commercial, church, school and
residences, which provide low intensity retail service and housing opportunities.
The subject property is located on the west side of Castle Hayne Road (US 117), at the
intersection of Castle Hayne Road (US 117) and N. College Road (NC 132). The site is
currently served by well and septic.
Access to the property is right-in/right-out only. Northbound movement from the site
onto Castle Hayne Road access is limited because the complex intersection of Castle
Hayne Road and N. College Road separates in front of the site. This intersection is a
network of merging traffic movements and has been characterized as confusing and
dangerous by the Castle Hayne community. It ranked high for severity of injuries and
property damage in the 2006 Wilmington Metropolitan Planning Organization (WMPO)
Crash Report.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 9-1-1
Castle Hayne Road is classified as a minor arterial by the County's Thoroughfare
Classification Plan. The segment of Castle Hayne Road that abuts the subject property
has experienced a slight decrease in traffic between 2008 and 2009 and has a level of
service (LOS) D, meaning that traffic is approaching an unstable flow.
The property is zoned RA, rural agricultural, and is located at the outermost, eastern
boundary of the RA district which extends in a northwestwardly direction to the New
Hanover-Pender County lines. This district is utilized for farming and low density, single
family residences. Zoning to the east of the subject property is B-2 and additional
commercial zoning is present north of this site along Castle Hayne Road to the county
line. North of the subject property is a slightly larger 0&I district where the Castle
Hayne Volunteer Fire Department is located.
The subject property is located in Prince George Creek watershed drainage area which is
classified C; SW. The property is not within the 100 year flood zone. Soils maps indicate
that the property wasformerly mined for marl and then filled with unknown soils. Class
I, Kenansville fine sand is also present which ranges from suitable to having slight
limitations for septic systems. A well and septic system serve the property. The
property is not served by public water or sewer, but a lift station and sewer lines are
located approximately one-tenth of a mile north, along Prince George Avenue.
land Use Plan Considerations:
The purpose of the Office and Institutional District ~0&I) is to provide for institutional
uses, professional offices, and other compatible uses and to provide for protection for
this type of land use from encroachment by other less desirable uses. The 0&I district
allows for uses including but not limited to: schools, banks, business services, daycare,
healthcare and other office situations. The district's principal means of ingress and
egress shall be along collector roads, minor arterials, and/or major arterials as
designated on the County's Thoroughfare Classification Plan.
This parcel is located along a minor arterial that serves an existing commercial corridor.
The 2008 Castle Hayne Community Plan supports the growth and development of this
commercial corridor, which has been identified beginning slightly south of the
intersection of Castle Hayne Road and N. College Road and continuing to the Pender
County line. The 2008 Castle Hayne Community Plan has identified the subject property
for future commercial/mixed use development. It is also located at the proposed
"South Gateway" which is one of three envisioned entrances to the Castle Hayne
commercial corridor recommended in the 2008 Castle Hayne Community Plan.
The Castle Hayne Community Plan recommends the construction of a round-a-about at
the intersection of Castle Hayne Road and N. College Road to alleviate the awkward
traffic pattern currently in place. This recommendation is supported by the Wilmington
Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 9-1-2
Metropolitan Planning Organization (WMPO) but the project remains unfunded by the
North Carolina Department of Transportation ~NCDOT).
The 2006 CAMA Land Use Plan adopted policies relating to land use and urban design.
Policy 4.1 of the land Use Plan promotes the designation of sufficient land area and
suitable locations for thevarious land use types.
Atraffic impact analysis ~TIA) will be required foranydevelopmentthatgenerates more
than 100 peak hourtrips.
Staff feels the request is consistent with the 2008 Castle Hayne Community Plan and the
2006 CAMA Land Use Plan so therefore staff recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a
statement describingwhethertheaction is consistentwith an adopted comprehensive
plan and explaining why the board considers the action taken to be reasonable and in
the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment from RA
Rural Agricultural district to 0&I Office and Institutional district as described is for is
not):
1. Consistent with the purposes and intent of the Community land
classification; land use policy 4.1 adopted in the 2006 CAMA Land Use Plan;
and the 2008 Castle Hayne Community Plan
2. Reasonable and in the public interest to allow transition of land use from a
low density residential rural agricultural district along an arterial roadway to
Office and Institutional use.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 9-1-3
Case: Z-901, (2/10)
Rezone approximately 1.58 acres from Rural Agricultural (RA) to Office and Institutional
(0&I) (amended from original requestfor B-2)
Petition Summary Data
5233 Castle Hayne Road
Owner/Petitioner: Squires Timber Company
Existing land Use: Land and Timber Management Office (nonconforming use,
grandfathered in)
Zoning History: Castle Hayne (July 1,1985)
Land Classification: Community
Water Type: Well
Sewer Type: Septic
Recreation Area: Castle Hayne Regional Park; Riverside Park
Access &TrafficVolume: Castle Hayne Road (minor arterial) with LOS Dtransitioningto
LOS F north of Garden Place Drive. South of the property, average dailytrips (ADT) on
Castle Hayne Road between Marathon Avenue and Garden Place Drive were 10,093 in
2008 and 9,700 in 2009, or approximately a 4% decrease between 2008 and 2009.
Fire District: Castle Hayne Fire District (CHFD)
Watershed & Water Quality Classification: Prince George Creek (C; Sw)
Aquifer Recharge Area: Secondary recharge area for Castle Hayne and Pee Dee aquifers
and is morevulnerableto pollutionthenthe primary recharge area dueto its shallow
depth.
Conservation/Historic/Archaeological Resources: None
Soils: Mine Pits (Mp); Kenansville fine sand (Ke)
Septic Suitability: Kenansville soils (Class I) range from suitable to having slight
limitations for septic systems. Mined soils are generally filled with unknown soils so
septic suitability is unknown.
Schools: Castle Hayne Elementary School
Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 9-2-1
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Z-901 (2/10)
Board of Commissioners Mcc[ing
V.l/V1/L.VIV 9-4-1
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Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 9-4-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: 10
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Text Amendment (A-384, 2/10) -Request by Planning Staff to Amend Various Sections of the
Ordinance Relating to the Exceptional Design Zoning District, Including Administrative Corrections
and Technical Refinements
BRIEF SUMMARY:
The amendments before the Commissioners at this time represent only a portion of the changes that came
before the Planning Board. At their February 1, 2010 meeting, they considered the various attached
corrections and refinements as well as other proposed changes and clarifications to Section 53.6 Exceptional
Design Zoning District. The Planning Board voted 6-0 to recommend approval of the attached corrections
and technical requirements, but continued the proposed changes to Section 53.6 relating to setbacks, open space, and lighting for further input from the public. Because there are potential applicants, the attached
changes to Sections 50-1, 50-3, 67B-2(3), 67B-4(1), 67B-10(4), 69.3, 107-3, and 110-1 are sent forward
now. The remaining refinements will be considered at the March 4, 2010 Planning Board meeting and, if
recommendations are sent forward, an additional amendment will be brought to the Commissioners in the
near future.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in
the 2006 land use plan; 2. Reasonable and in the public interest to make corrections and refinements relating to
the new zoning district in order to create the appropriate references in the overall
zoning ordinance.
ATTACHMENTS:
A-384 Staff Summary
A-384 Petition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting n2m~ ~~n~ n
V1/L.VIV 10-0
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
V1/L.VIV 10-0
CASE#: A-384, (2/10)
REQUEST BY: Staff
TEXT AMENDMENT: Request by Planning staff to amend Sections 50-1, 50-3, 67B-2(3), 67B-4(1),
67B-10(4), 69.3,107-3, and 110-1of the ordinance relating to the Exceptional Design Zoning
District, including administrative corrections and technical refinements.
PLANNING BOARD ACTION:
The amendments before the Commissioners at this time represent only a portion of the changes that came
before the Planning Board. At their February 1, 2010 meeting, they considered the various attached
corrections and refinements as well as other proposed changes and clarifications to Section 53.6
Exceptional Design Zoning District. The Planning Board voted 6-D to recommend approval of the
attached corrections and technical requirements, but continued the proposed changes to Section 53.6
relating to setbacks, open space, and lighting for further input from the public. Because there are
potential applicants, the attached changes are sent forward now. The remaining refinements will he
considered at the 1~larch 4, 2010 Planning Board meeting and, if recommendations are sent forward, an
additional amendment will be brought to the Commissioners in the near future.
BACKGROUND:
A new zoning district was adopted in November of 2009. The Exceptional Design Zoning District
(EDZD) was envisioned to be a district that allowed mixed use and hi her density residential in smart
locations already urbanized, with infrastructure easily available and alternative transportation options in
place to offset the impacts of the additional density/intensitX. A set of core requirements and additional
requirements established the qualifying standard for rezoning. Qualifiers were largely taken from the
LEED Neighborhood standards and the Green Builder's Standards. The process and some of the
underlying standards were drawn from the county's Planned Development District. The remaining
underlying standards were referenced to normal supplementary standards.
As interested parties have recently come forward to investigate the possibility of requesting EDZD
zoning, staff realized that corrections or refinements to the ordinance are needed.
Throughout the ordinance, there are many references to and listings of the county's zoning districts, but
staff did not incorporate the EDZD into those lists or references when the district was established. The
following briefly explains the changes under consideration at this time.
➢ Section 50-1 Establishment of Districts
Add reference to EDZD
➢ Section 50-3 Conditional Use District Classifications
Clarify that EDZD would not be a conditional use district
➢ Section 59.9-2 RFMU.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l/V1/L.VIV 10-1-1
In order to avoid confusion, we recommend removing the reference to exceptional
design, which now has taken on a different meaning.
➢ Section 67B-4 (1 Location of buffers.
Clarify that the required buffer is around the perimeter of the EDZD
➢ Section 67B-lo: Street Yard Landscaping
Add EDZD reference to the table
➢ Section 69.3: Homeowners Associations
Add EDZD reference
➢ Section 72-3 8, Residential uses in commercial districts.
The last bullet (9) needs to be removed because the exceptional design standards in this
section would be in conflict with the new approach to exceptional design.
➢ Section 107: Certificate of Occupancy
Add EDZD reference
➢ Section 110: Amending the Ordinance
Add EDZD reference
➢ Section 72-3 8. Residential uses in commercial districts (SUP)
Remove (9) because the exceptional design standards in this section are now
outdated and would be in conflict with EDZD approach.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether the
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in the 2o061and
use plan;
2. Reasonable and in the public interest to make corrections and refinements relating to the new
zoning district in order to create the appropriate references in the overall zoning ordinance.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-1-2
Text Amendment (A-384, 2/10)
The following language shall be added to the Zoning Ordinance:
Article V: District Regulations
Section 50: Establishment of Use District
50-1: For the purposes of this ordinance, portions of the unincorporated area of New Hanover
County are hereby divided into the following districts:
R-20S Residential District (12/7/81)
R-20 Residential District
R-15 Residential District
R-10 Residential District
PD Planned Development District (8/20/84)
B-1 Business District
B-2 Business District
I-1 Industrial District
I-2 Industrial District
Shopping Center District
O~iI Office and Institutional District
AR Airport Residential District (10/4/76)
AI Airport Industrial District (10/4/76)
COD Conservation Overlay District (12/1/84)
RA Rural Agricultural District (07/01/85)
SHOD Special Highway Overlay District (12/3/86)
RFMU Riverfront Mixed Use District (3/12/07)
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-1
EDZD Exceptional Design Zoning District (11/2/09)
50-3: Conditional Use District Classifications (1/2/90)
All existing zoning districts, except PD, Planned Development, EDZD, Exceptional Design
Zoning District, and SC, Shopping Center, shall also be designated CD, Conditional Use
Districts, as established by the County Commissioners. Each new conditional use district is
considered a separate zone and is not mapped until a conditional use district rezoning and special
use permit has been issued. All conditional use districts shall be indicated by CD followed by the
general zoning district classification, as follows:
Section 67: Landscaping
67B-2: Applicability - In order to meet the above functions, landscaping shall be required for the
purposes of:
(1) Buffering adjoining and competing land uses;
(2) Landscaping parking lots with five or more parking spaces or those areas 2500 square
feet or more devoted for vehicular use;
(3) Retaining existing trees in all residential subdivisions of more than 5 lots, on High-Density
development, in an Exceptional Design Zoning District, or within a Planned Development; and
commercial, office and institutional, and industrial developments. (4/2/90)
Landscaping for the above three (3) types of projects shall meet the general landscaping
performance standards specified in Section 67B-3: Additional performance standards, as
applicable, shall also be met for buffer strips (Section 67B-4), parking lots (Section 67B-5) street
yards (Section 67B-10), and foundation plantings (Section 67B-11).
67B-4: Additional Requirements for Berms and for Yards in which Buffers are Required
Buffer strips are designed to protect adjoining land uses, particularly residential, from the
noise, heat, dust, lights, threats to privacy, and aesthetic impacts from more intense land-
uses. Buffer strips shall be required along all property lines adjacent to a residential use
or district, except where a reduced building setback precludes placement of a buffer strip
in situations where the adjoining property contains a nonresidential use on residentially
zoned property, such as a church or school. The more intense land use shall be required to
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-2
provide the buffer as part of its yard requirements. The following requirements shall be
met for buffer strips and the yards in which buffers are required:
(1) Location of buffer strips -Buffer strips shall be required to screen any non-residential use
from any residential use or district. Buffer strips shall also be required to screen any residential
use or district from any attached housing development or mobile home park or High Density
Development, or Planned Development. However, no buffer will be required for high density
detached lots provided lots equal or exceed 5000 square feet. Buffer strips shall be required only
along the perimeter boundary of an EDZD.
67B-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 requirements of either the
following Minimum Standard or Creative Standard.
(A) Minimum Standard: For every 300 sq ft of streetyard area, the streetyard shall
contain:
(1) One CanopylShade tree, (3 "caliper) minimum or 3 understory story
trees, six ft in height, only when overhead power lines exist above the
streetyard; and
(2) Six shrubs, l2" in height at planting.
(B) Areas designated for stormwater functions except piped areas shall not be
included in the calculation of streetyard square footage.
(3) No more than 15% of the required street yard shall be covered with an impervious
surface. This portion of the street yard may be used for walkways, fountains, walls or
fences but no parking areas shall be permitted in these designated areas.
(4) If there are existing trees in the proposed streetyard, the County Zoning Administrator
may grant credit toward meeting tree preservation requirements, provided their caliper is
at least 2" or more. In addition the Zoning Administrator may require the saving of any
regulated tree in the streetyard area.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-3
Zoning District Streetyard Factor Max Min
B-2, I-1, I-2, A-I 25 37.5 12.5
B-1, O~iI, EDZD, 18 27 9
High Density
Non-Residential 12 18 8
uses in Residential
Districts
Section 69.3: Homeowners Associations
The following requirements shall apply whenever a homeowners association is established for
Performance Residential, Exceptional Design Zoning Districts, and High Density Developments:
(1) When a plat or map is to be recorded, the maps or plat shall contain a Certificate
indicating the book and page number of the homeowners association covenants,
conditions and restrictions. (11/83)
(2) Responsibilities for maintenance of private streets, open space, recreation facilities,
and other common areas shall be specified.
(3) Responsibilities for exterior maintenance of attached dwelling units shall be specified.
(4) The Association shall be authorized to rebuild damaged or destroyed portions of
structures containing attached dwelling units when the individual owner fails to do so.
(1/4/82)
Section 107: Certificate of Occupancy
107-3: A Certificate of Occupancy shall not be issued for any dwelling unit in a Performance
Residential, Exceptional Design Zoning District, High Density Development, or Planned
Development until such time as a homeowners association meeting the requirements of Section
69-3 of this Ordinance has been established, and the necessary documents recorded at the
Register of Deeds.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-4
ARTICLE XI: AMENDMENTS
Section 110: Amending the Ordinance (1/2/90)
110-1: For the purpose of promoting health, safety, morals or the general welfare, the
County Commissioners may amend the text regulations and zoning map
according to the procedures in this article for certain types of zoning map
changes. Additional provisions in other Sections of the zoning Ordinance listed
below also apply:
(1) Planned Development District -See Section 53.5.
(2) Shopping Center District -See Section 58.
(3) Conditional Use District -See Section 59.7.
(4) Riverfront Mixed Use District . --See Section 59.9
(5) Exceptional Design Zoning District See Section 53.6
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-5
The following language shall be removed from the Zoning Ordinance:
59.9-2: Mix of uses
(1) All RFMU developments must contain uses from at least two of the following
categories:
(A) Residential
(B) Office
(C) Commercial
(D) Institutional, quasi-public, public
(E) Entertainment and lodging
(2) The total floor area of any RFMU development shall constitute no less than five (5)
percent of non-residential uses.
(3) Single-story structures shall not exceed twenty-five (25) percent of the gross building
footprint of all buildings within any RFMU development.
(4) All buildings greater than thirty-five (35) feet in height must incorporate more than
one use.
(5) All buildings with riverfront and right-of-way facing facades shall incorporate non-
residentialuses on no less then fifty (50) percent of the ground floor. Parking shall not be
used to satisfy any part of this requirement.
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72-38: Residential Uses within Commercial Districts - A dwelling unit or units may be permitted
in the B-1 or B-2 commercial Districts provided: (12/3/01)
(1) The dwelling units are part of a mixed use development established to provide
innovative opportunities for an integration of diverse but compatible uses into a single
development that is unified by distinguishable design features with amenities and
walkways to increase pedestrian activity. Such a development shall be in single
ownership or unified control of a property owners association.
(2) Uses within the development are restricted to residential and B-1 neighborhood
business uses.
(3) A conceptual elevation indicating proposed architecture style shall be provided.
(4) Sidewalks must be provided throughout the project.
(5) Parking location and quantity should be shared.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-6
(6) Community facilities and/or Common area shall be provided.
(7) A conceptual lighting plan must be provided.
(8) Residential uses are permitted and encouraged in the same building as commercial
uses.
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Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 10-2-7
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
REGULAR
ITEM: 11
DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell, County Manager
CONTACT(S): Bruce T. Shell, County Manager; Avril Pinder, Finance Director; Wanda Copley, County
Attorney
SUBJECT:
Consideration of Draft ABC Board Policies
BRIEF SUMMARY:
On January 4, 2010, the Board of Commissioners appointed Bruce Shell, Wanda Copley and Avril Pinder as
the Interim ABC Board. As part of their in-depth analysis of the ABC Board, numerous policies are under
consideration for adoption by the ABC Board.
Bruce Shell, Interim Chairman, will present a summary of the policies for comment by the Board of
Commissioners. The policies include the following:
Cash Management & Investment Policy
Ethics Policy Internal Control Policy
Personnel Policy
Procurement Policy
Travel Policy
In addition, the Chairman of the N.C. Alcoholic Beverage Control Commission has requested that all local ABC Boards adopt a gift ban policy. Governor Perdue has asked that local boards adopt a policy that reflects
what she has put into place for appointees and employees in state government. These issues are covered in
the proposed personnel policy.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Review draft policy manual and provide comment.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Review policies and provide comment.
COMMISSIONERS' ACTIONS:
Heard summary of policies and provided comment.
Board of Commissioners Meeting n2m~ ~~n~ n
V1/L.VIV 11-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 1, 2010
ADDITIONAL ITEMS
ITEM: 12
DEPARTMENT: Elections PRESENTER(S): Bonnie Williams, Elections Director
CONTACT(S): Andre R. Mallette, Assistant County Manaager
SUBJECT:
Approval to Accept Grant Funds to Enhance Americans with Disability Act (ADA) Compliance in
New Hanover County's Voting Locations
BRIEF SUMMARY:
Two years ago, the Board of Elections purchased curbside call bell systems for all of our voting places in the
County. These systems were purchased to better support our precinct officials and improve the level of
customer service to our curbside voter demographic. Since that time, we have discovered some engineering flaws with these systems. Very recently, we learned of a vendor who specializes in accessibility products
who now markets an upgrade to this system. This upgrade will not only improve the current system, but also
provides resolutions to other issues. The vendor offered us an impressive price per unit upgrade. Bonnie
Williams, Elections Director, contacted the North Carolina State Board of Elections to inquire if Health and
Human Services grant funding was still available to county boards of elections in North Carolina for polling
place accessibility. She was pleased to find that funding was still available, and was encouraged to apply for the grant. Based upon the submitted quote for the upgrade and application, the New Hanover County Board
of Elections was awarded $7,301 from an EAID & HAVA funded grant.
This grant is not required to be matched or reimbursed by local government. The spending of the award of
the grant must be for its intended purpose; and, in this case, it is to upgrade our curbside call bell systems in
New Hanover County's voting places.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to accept the grant, authorize the Chairman of the County Board of Elections to sign the grant
acceptance agreement, and adopt the ordinance for budget amendment 10-184.
ATTACHMENTS:
B/A 10-184
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting n2m~ ~~n~ n
V.l / V 1/ L V 1 V 12-0
AGENDA: March 1, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-184
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-184 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Board of Elections
Ex enditure: Decrease Increase
Board of Elections:
Su lies $7,301
Total $7,301
Revenue: Decrease Increase
Board of Elections: Grant -Federal/State HAVA Grant $7,301
Total $7,301
Section 2: Explanation
To budget an award of $7,301 of Help Americans Vote Act (HAVA) Department of Health and Human
Services grant received from the North Carolina State Board of Elections. The funds will be used to help
make New Hanover County polling places accessible to voters with the full range of disabilities. Specifically, the funds will be used to upgrade our curbside call bell systems. There is no County match
required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-184, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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