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Agenda 2010 04-06AGENDA 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 DAMS, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD APRIL 6, 2010 6:00 P.M. MEETING CALLED TO ORDER (Chairman Jason R. Thompson) INVOCATION (Mike Ashcraft, Pastor, Port City Community Church) PLEDGE OF ALLEGIANCE (New Hanover County Smart Start Children) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2010-2011 3. Adoption of a Resolution to Move the Date of Countywide Revaluation 4. Approval of Tax Collection Reports 5. Adoption of Ordinances for Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 6. Consideration of National County Government Month Proclamation 6:15 p.m. 7. Consideration of a Resolution to Declare the Board's Intention to Use Proceeds from the One-Fourth Cent Sales Tax 6:25 p.m. 8. Consideration of the Week of the Young Child Proclamation 6:30 p.m. 9. Consideration of Sexual Assault Awareness Month Proclamation 6:35 p.m. 10. Consideration of Spring Litter Sweep Proclamation and Great American Cleanup Proclamation 6:40 p.m. 11. Consideration of National Public Safety Telecommunicators Week Proclamation and Presentation of the Mary M. Antley Telecommunicator of the Year Award 6:50 p.m. 12. Consideration of a Resolution to Request Reallocation of Recovery Zone Economic Development Bond Allocation for Cape Fear Community College 7:00 p.m. 13. Consideration of a Resolution Authorizing the Negotiation of an Installment Purchase Contract to Refinance a Portion of the Costs Related to Certain Capital Projects, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Matters Related Thereto 7:05 p.m. 14. Public Hearing Street Name Correction (SN-110, 2/10) - Request by Phil Triece for the Crosswinds Homeowners Association to Correct the Spelling of Seabouy Circle to Seabuoy Circle Located Near the 4800 Block of Masonboro Loop Road, West Side 7:15 p.m. 15. Public Hearing Street Naming & Readdressing (SN-111, 3/10) - Request by Planning & Inspections Staff to Name a Private Access Easement to McGirt Place and Board of Commissioners Meeting n~ mti~~nl n v-r/ vv/ 141v i v Assign New Street Numbers Located Approximately 500' Southwest of the Archmil Way/Carolina Beach Road Intersection 7:30 p.m. 16. Public Hearing Special Use Permit Modification (5-329M, 3/10) - Request by UNC-W to Modify the Site Plan for an Existing Special Use Permit by Relocating a Planned 68,000 sq. ft. Laboratory Building and Redesigning Parking Lots at 5600 Marvin K. Moss Lane in an R-15 Residential Zoning District 7:50 p.m. 17. Public Hearing Special Use Permit (5-600, 3/10) - Request by Avenel Boating Facility Association for a Special Use Permit to Expand a Community Boating Facility Serving the Avenel Subdivision at 1532 Portsmouth Place in an R-20 Residential District 8:10 p.m. 18. Public Hearing Text Amendment (A-384, 2/10) - Request by Planning Staff to Amend Section 53.6 of the Ordinance to Clarify Certain Standards for Establishing an Exceptional Design Zoning District NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 8:40 p.m. 19. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:50 p.m. 20. 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 n~ mti~~n~ n v-r/ vv/ 141v i v NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 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 March 11, 2010 Regular Session meeting held on March 15, 2010 Budget Work Session meeting held on March 15, 2010 Special Meeting held on March 24, 2010 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/ 141v i v 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 CONSENT ITEM: 2 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2010-2011 BRIEF SUMMARY: At its March 19, 2010 meeting the New Hanover County Juvenile Crime Prevention Council (JCPC) unanimously recommended that the County Board of Commissioners allocate $424,221 in state JCPC funding for fiscal year 2010-2011 as follows: Youth Empowerment Services - $378,721 Teen Court - $40,000 JCPC Administration - $5,500 The funding recommendation meets the JCPC priorities of Psychological Services, Community Service and Restitution, Juvenile Structured Day Services, and Teen Court. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the FY 2010-2011 JCPC funding recommendation. ATTACHMENTS: JCPC Funding Recommendation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 2-0 } uvenile Crime Frevent~on Council Fundin and Review Committee I F'~nding Recommendations ~Y Zo102011 The following agencies have submitted grants for funding for FY 2010-2011. Proposed funds available for the fiscal year are $424,221 (this amount includes a reduction of 7% over the previous fiscal year). Amount JCPC Local Total Proposed given for Funds In-Kind Cash Budget 2010-2011 Pro ram Name FY 09-1Q Re nested Match Match Other Amount Fundin Administration $5,500 $5,500 $5,5aa Youth` Empowerment $388,195 $880,000 $348,748 $181,800: $1,360,723 .:$378,72:1 Blue Ribbon $40,000 $8,aa0 $22,000 $149,090 $233,090 $a Commission Tri-County Youth & Community $114,400 $143,000 $0 Outreach Services Teen Court $39,849 $54;147 $11,070 $65,217 $40,000 Total $428,044 $588,547 $362,$1$ $203,8x4 $149,090 $1;807,530 $424,221 2014-201 I Funding Priorities I. Psychological Services 2. Community ServicelRestitutian 3. Juvenile Structured Day Services 4. Teen Court Board of Commissioners Meeting n~ mti~~n~ n v~~w~~.viv 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 CONSENT ITEM: 3 DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Roger Kelley, Tax Administrator SUBJECT: Adoption of a Resolution to Move the Date of Countywide Revaluation BRIEF SUMMARY: A resolution to move the date of the next revaluation from January 1, 2011 to January 1, 2012 per General Statute 105-286 is attached. Any advancement of the required time (8 years, January 1, 2015) can be done with the adoption of a resolution by the Board of County Commissioners. Any such resolution has to be forwarded to the Department of Revenue upon adoption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 3-0 NEW HANOVER COUNTY BOARDS OF COMMISSIONERS RESOLUTION WHEREAS, North Carolina General Statute 105-286 requires the Board of County Commissioners to adopt an effective date for the next countywide revaluation which must be conducted every eight years or sooner; and WHEREAS, the last countywide revaluation was effective on January 1, 2007; and WHEREAS, the New Hanover County Board of Commissioners adopted a resolution to advance the countywide revaluation to every four years and be effective January 1, 2011 on March 10, 2008. NOW, THEREFORE, the New Hanover County Board of Commissioners herby resolves that the next countywide revaluation be postponed and be effective January 1, 2012. ADOPTED this the 6th day of April, 2010. NE~U HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 3-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 CONSENT ITEM: 4 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 February 2010 are submitted for approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve reports. ATTACHMENTS: February 2010 Collection Reports COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 CONSENT ITEM: 5 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2010. 10-193 -Social Services 10-195 -Social Services 10-194 -Social Services 10-197 -Library 10-202 -Health 10-207 -Health RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 10-193 B/A 10-195 B/A 10-194 B/A 10-197 B/A 10-202 B/A 10-207 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 5-0 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-193 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-193 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Child Daycare Ex enditure: Decrease Increase DSS/Child Da care: Da care Services $284,690 Total $284,690 Revenue: Decrease Increase DSS/Child Da care: Grant -State - Da care $284,690 Total $284,690 Section 2: Explanation To budget an additional allocation of state funds to be used to provide child day care services. There are currently just over 850 children on the DSS daycare wait list. There is no County matching requirement. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-193, amending the annual budget ordinance for the fiscal year 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 n~ mti~~n~ n v-r/ vv/14.v1v 5-1-1 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-195 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-195 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: Social Services/ARRA Ex enditure: Decrease Increase DSS/ARRA: Da care Services $254,006 Total $254,006 Revenue: Decrease Increase DSS/ARRA: Grant-Federal $254,006 Total $254,006 Section 2: Explanation To budget an additional allocation of Federal ARRA Stimulus funds for Child daycare services. There are currently just over 850 children on the DSS daycare wait list. There is no County match required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-195, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 5-2-1 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-194 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-194 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: Social Services/Administration and Energy Assistance Ex enditure: Decrease Increase DSSIEner Assistance: Assistance Pa menu $183,382 Total $183,382 Revenue: Decrease Increase DSS/Administration: 1571 Funds-Federal/State $183,382 Total $183,382 Section 2: Explanation To budget an additional Federal allocation of crisis intervention program (CIP) funds of $183,382 for energy assistance payments. There is no County match required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-194, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 5-3-1 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-197 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-197 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library/Partnership for Children Ex enditure: Decrease Increase Libra /Partnershi for Children: Su lies $680 Total $680 Revenue: Decrease Increase Libra /Partnershi for Children: Grant -State -Raisin a Reader ro ram $680 Total $680 Section 2: Explanation The Library/Partnership for Children has received an additional $680 for the Raising a Reader Program. The funds will be used for supplies and incentives for the program. The previous allocation was $4,780, and the new allocation is $5,460. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-197, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 5-4-1 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-202 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-202 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Diabetes Prevention & Self Management Ex enditure: Decrease Increase Health/Diabetes Prevention & Self Mana ement: Salaries and Wa es $1,157 Tem ora Salaries 4,331 Social Securit Taxes 420 Retirement -Local Government 57 Medical Insurance 329 Lon Term Disabilit Insurance 3 Contract Services 250 Su lies 533 Su lies - Com uter & Other 2,200 Em to ee Reimbursements 50 Trainin and Travel 75 Total $9,405 Revenue: Decrease Increase Health/Diabetes Prevention and Self Mana ement: Grant -State -Office of Minority Health & Health $9,405 Dis arities Total $9,405 Section 2: Explanation The New Hanover County Health Department has been awarded a 3-year grant from the Office of Minority Health and Health Disparities for aCommunity-Focused Eliminating Health Disparities program. $90,000 of the award funding is for the first year's service period, June 2010 through May 2011. This budget amendment for $9,405 reflects the amount needed for the remainder of FY09-10 (June 1 through June 30, 2010). The remaining grant award of $80,595 will be budgeted for FY10-11 (July 1, 2010 through May 31, 2011). The award will support part-time positions for a registered nurse, dietician, and administrative support technician. The program will focus on educational awareness, prevention, screening, and disease self management for Diabetes. No matching funds are required. Positions and programs will be eliminated once funding has ended. The Board of County Commissioners approved applying for this grant at their December 7, 2009, meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-202, amending the annual 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 n~ mti~~n~ n v-r/ vv/14.v1v 5-5-1 AGENDA: April 6, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-207 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-207 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/WIC Region Lactation Training Center Ex enditure: Decrease Increase Health/WIC Re ion Lactation Trainin Center: Salaries and Wa es $1,554 Cell Phone Allowance -Taxable 50 Social Securit Taxes 119 Retirement -Local Government 76 Medical Insurance 479 Lon Term Disabilit Insurance 3 Su lies 2,200 Su lies - Com uter and Other 2,650 Cellular Ex ense 44 Em to ee Reimbursements 40 Trainin and Travel 500 Posta e 20 Printin 222 Total $7,957 Revenue: Decrease Increase Health/WIC Re ion Lactation Trainin Center: Grant -State -WIC Program, Nutrition Services $7,957 Division Total $7,957 Section 2: Explanation The New Hanover County Health Department has been awarded a 3-year grant from the WIC Program, Nutrition Services Division, to establish a Regional WIC Lactation Training Center in Perinatal Region V. $60,000 of the award funding is for the first year's service period, June 2010 through May 201 1. This budget amendment for $7,957 reflects the amount needed for the remainder of FY09-10 (June 1 through June 30, 2010). The remaining grant award of $52,043 will be budgeted for FY10-11 (July 1, 2010 through May 31, 2011). This award will support a 0.5 Public Health Nurse, who will plan and provide this training. The Training Center will provide initial core training for newly-hired WIC breastfeeding peer counselors, as well as lactation management training and continuing education. No County matching funds are required. Positions funded by this grant will be eliminated when the grant funding ends. The Board of County Commissioners approved applying for this grant at their February 15, 2010, meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-207, 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 n~ mti~~n~ n v-r/ vv/14.v1v 5-6-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Mark Boyer, Public Information Officer CONTACT(S): Mark Boyer, Public Information Officer SUBJECT: Consideration of National County Government Month Proclamation BRIEF SUMMARY: The National Association of Counties observes National County Government Month in April. The theme for this year's observance is "Healthy Counties". As part of its core mission, New Hanover County government exists to provide the necessary services to protect the health of citizens and businesses, consistent with the community's values, priorities and fiscal capacity. Human Resources and Community Resources staff have been working on a calendar of events highlighting the many ways New Hanover County works to improve the health of all citizens and the environment. All residents are invited to a showcase event at the NHC Government Center, during the week of April 12 in which all departments will be available to meet with the public. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL COUNTY GOVERNMENT MONTH PROCLAMATION April 2010 "Healthy Counties" WHEREAS, the nation's 3,068 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, New Hanover County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost- effective ways; and WHEREAS, county governments are integral to America's healthcare system and are unique in their responsibility to both finance and deliver health services through public hospitals and clinics, local health departments, long-term care facilities, mental health services and substance abuse treatment, and coverage programs for the uninsured; and WHEREAS, as employers, counties provide health insurance benefits to nearly three million county employees and their retirees nationwide; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States; and WHEREAS, since 1991 the National Association of Counties has encouraged counties across the country to actively promote county government programs and services to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, the National Association of Counties and New Hanover County are working together to "Restore the Partnership" among all levels of government to better serve American communities. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that Apri12010 be recognized as "National County Government Month" in New Hanover County. All New Hanover County officials, employees, and residents are encouraged to participate in county government in this month-long celebration. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v~~w~~.viv 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Commissioner Ted Davis, Jr. CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of a Resolution to Declare the Board's Intention to Use Proceeds from the One-Fourth Cent Sales Tax BRIEF SUMMARY: A draft resolution has been prepared by staff for the Board's consideration to identify the Board's intention to use proceeds from the one-fourth cent sales tax if the referendum is approved by the voters. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider the resolution. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 7-a NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF INTENT TO USE ONE-FOURTH CENT SALES TAXES TO FUND QUALITY OF LIFE EXPENSES WHEREAS, N.C. General Statutes 105-535 allows the County Commissioners to levy an additional one-fourth cent sales tax upon approval of a referendum by a maj ority of the voters; and WHEREAS, the County Commissioners have placed the question of the one-fourth cent sales tax on the May 4, 2010 ballot; and WHEREAS, the County Commissioners are facing difficult budget choices due to expenses pertaining to unfunded mandates and declining revenue due to the current economic conditions; and WHEREAS, while there are certain programs the County Commissioners are mandated to provide, the County Commissioners are not mandated to provide quality of life programs such as parks, libraries, museums, senior citizens and veterans programs, outside agencies; and WHEREAS, the County Commissioners have limited options for increasing revenue; and WHEREAS, quality of life programs which greatly enhance the well-being of County residents and are an important tool in attracting visitors and future industry to the County are at risk; and WHEREAS, the sales tax will be paid by visitors as well as residents, allowing visitors to participate in funding County services. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners will use proceeds from the additional one-fourth cent sales tax to provide services which enhance our quality of life. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v~~w~~.viv 7-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: $ DEPARTMENT: County Manager PRESENTER(S): Janet Nelson, Executive Director, Smart Start of New Hanover County CONTACT(S): Mark Boyer, Public Information Officer SUBJECT: Consideration of the Week of the Young Child Proclamation BRIEF SUMMARY: The Week of the Young Child is celebrated annually by Smart Start of New Hanover County and the National Association for the Education of Young Children. The theme of this year's observance is "Early Years are Learning Years." Smart Start of New Hanover County has requested a proclamation designating April 11-17 as the Week of the Young Child. Executive Director Janet Nelson will give a brief presentation on the year's observance and the importance of early childhood education. Students from NHC School's Pre- K Center would like to lead the meeting in the Pledge of Allegiance and sing a song to commissioners about what the children learn in Pre-K. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Week of the Young Child Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 8-a NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE WEEK OF THE YOUNG CHILD PROCLAMATION WHEREAS, Smart Start of New Hanover County, in conjunction with the National Association for the Education of Young Children, is celebrating The Week of the Young Child April 11-17, 2010, the theme of which is "Early Years are Learning Years and WHEREAS, since 1997, as a private/public non-profit corporation, Smart Start of New Hanover County has provided support to community members, agencies, businesses, schools and child care facilities for health access and information, family support services, and access to affordable, safe, and high quality early care & education in Wilmington; and WHEREAS, science clearly shows that the foundation for a child's capacity to learn is mostly established in the first three years of life, through meaningful experiences and nurturing interactions; and WHEREAS, we, as adults, are behavioral models and can teach our children, from the earliest age, the skills to handle conflict in a peaceful manner, and we know this to be a most effective form of violence prevention; and WHEREAS, our community's future social and economic prosperity depends on the quality of early childhood experiences provided to our youngest children today, and high quality early care and education services represent a worthy societal commitment and investment. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 11-17, 2010 be recognized as "The Week of the Young Child" in New Hanover County. All citizens are urged to recognize and support the needs of our young children. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 8-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 9 DEPARTMENT: County Manager PRESENTER(S): Margaret Weller-Stargell, CEO of Coastal Horizons Center, Inc. CONTACT(S): Julie Ozier, Rape Crisis Center Supervisor SUBJECT: Consideration of Sexual Assault Awareness Month Proclamation BRIEF SUMMARY: Julie Ozier, Rape Crisis Center Supervisor at Coastal Horizons Center, Inc., submitted the attached proclamation for the Board's consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Sexual Assault Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 9-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT AWARENESS MONTH 2010 PROCLAMATION WHEREAS, sexual violence touches the lives of all New Hanover County citizens, whether as a victim or as a family member, significant other, neighbor, friend, or co- worker of asurvivor; and WHEREAS, Rape Crisis Center staff and dedicated volunteers served more than 400 new sexual violence victims and loved ones in the past year providing free and confidential support, advocacy and counseling 24 hours a day, 7 days a week and 365 days a year; and WHEREAS, sexual violence is preventable, it is crucial for every resident of New Hanover County to take responsibility for making our community free of sexual violence through meaningful education and the expression of values and norms that promote the safety and dignity of all. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2010 be recognized as "Sexual Assault Awareness Month" in New Hanover County. The Board pledges to take action and ask our citizens, professional and volunteer, to take action now to assist Rape Crisis Center's untiring efforts to eliminate sexual violence from our families, our neighborhoods, and our community. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v~~w~~.viv 9-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 10 DEPARTMENT: Environmental Management PRESENTER(S): Jennifer O'Keefe, Keep America Beautiful of New Hanover County CONTACT(S): Jennifer O'Keefe, Keep America Beautiful of New Hanover County SUBJECT: Consideration of Spring Litter Sweep Proclamation and Great American Cleanup Proclamation BRIEF SUMMARY: Each spring and fall, the North Carolina Department of Transportation encourages citizens to help clean up our roads and environment by participating in the Litter Sweep Roadside Clean Up. Adopt-A-Highway volunteers, churches, civic organizations, schools, businesses, NCDOT crews, local governments, and Department of Corrections inmates participate in this two-week long event. Anyone interested in adopting a highway or organizing a clean up may contact Ms. April Lockamy with NC DOT at 341-0500. Keep America Beautiful of New Hanover County is participating in the 26th annual Great American Cleanup by providing cleanup and beautification materials to schools throughout New Hanover County and promoting a community beach cleanup with Cape Fear Surfrider on April 17th at Wrightsville and Carolina Beaches. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamations. ATTACHMENTS: Spring Litter Sweep Proclamation Great American Cleanup Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/ 141v i v 10-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPRING LITTER SWEEP 2010 PROCLAMATION WHEREAS, the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and WHEREAS, the Spring 2010 LITTER SWEEP roadside cleanup will take place April 17 -May 1, 2010, and encourages local governments and communities, civic and professional groups, businesses, churches, schools, families, and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department of Correction inmates and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation; and WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruitment of new industries; and WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; and WHEREAS, the Spring 2010 LITTER SWEEP cleanup will celebrate the 22nd anniversary of the North Carolina Adopt-A-Highway program and its 5,750 volunteer groups that donate their labor and time year-round to keep our roadsides clean; and WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children of this great state regarding the importance of a clean environment to the quality of life in North Carolina. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 17 -May 1, 2010 be recognized as "Litter Sweep" time in New Hanover County and that all citizens are encouraged to take an active role in making their communities cleaner. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/ 141v i v 10-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS GREAT AMERICAN CLEANUP 2010 PROCLAMATION WHEREAS, Keep America Beautiful, Inc., is a national nonprofit organization dedicated to helping individuals improve their community environments, and has established the Great American CleanupT"" as its signature national effort for involving American citizens in environmental stewardship; and WHEREAS, Keep America Beautiful's Great American Cleanup is celebrating its 26th Anniversary in 2010, featuring over three million volunteers participating in over 30,000 events in over 32,000 communities in all 50 states; and WHEREAS, Keep America Beautiful of New Hanover County is supplying cleanup and beautification materials to schools throughout New Hanover County and is promoting a community beach cleanup with Cape Fear Surfrider on April 17th from 9 a.m. to 1 p.m. at Wrightsville Beach and Carolina Beach; and WHEREAS, the County of New Hanover is proud of its natural resources and its neighborhoods and seeks to protect and improve our community through the action of citizens, schools, government and businesses working together; and WHEREAS, the New Hanover County Commissioners have recognized the important commitment to improve American communities through litter prevention, beautification and solid waste management initiatives, and are committed to help spread the word about the importance of volunteerism and motivate everyone in our communities to become stewards of the environment. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2010 be recognized as "Keep America Beautiful's Great American CleanupT"" Month" in New Hanover County. The Board calls upon our citizens to join in activities that promote responsible environmental stewardship and help us renew our commitment to building a better world today and for future generations. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 10-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 11 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Emergency Management and 911 Communications Director, and Debora Cottle, 911 Communications Manager CONTACT(S): Warren Lee, Emergency Management and 911 Communications Director SUBJECT: Consideration of National Public Safety Telecommunicators Week Proclamation and Presentation of the Mary M. Antley Telecommunicator of the Year Award BRIEF SUMMARY: Each year, the second full week of April is dedicated to the men and women who serve as public safety telecommunicators. This week honors the thousands of men and women who respond to emergency calls, dispatch emergency professionals and equipment, and render life-saving assistance to the world's citizens. A proclamation to honor the employees of the 911 Public Safety Communications Center is attached for the Board's consideration. The Mary M. Antley Telecommunicator of the Year Award is given annually to the telecommunicator who demonstrates a positive attitude, is punctual and always willing to work, and displays great customer service skills towards the citizens of the county and their co-workers both in person and on the telephone and radio. They must be a team player, their work must be thorough and accurate, and they must exemplify these qualities year round. The person who receives this award is nominated by one of their peers. The nomination must contain specific examples of why the nominee should be considered for the award. Nominations are reviewed for completeness and adherence to the award criteria, then all nominees are presented to the entire department on a ballot for the final vote. There was a tie this year, so the Mary M. Antley Telecommunicator of the Year award is being presented to Roscoe Harris and Pam Graham. Each will be presented with a certificate and plaque. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the National Public Safety Telecommunicators Week proclamation and present the Mary M. Antley Telecommunicator of the Year Award. ATTACHMENTS: National Public Safety Telecommunicators Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt the proclamation and present the award. COMMISSIONERS' ACTIONS: Approved 5-0 and presented the award. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/ 141v i v 11-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION WHEREAS, emergencies that require police, fire, or emergency medical services can occur at anytime; and WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our emergency personnel is dependent upon the quality and accuracy of information obtained from citizens who telephone the New Hanover County Public Safety Communications Center; and WHEREAS, public safety telecommunicators are the first and most critical contact our citizens have with emergency services; and WHEREAS, public safety telecommunicators are a vital link for our law enforcement officers and firefighters by monitoring their activities by radio, providing them information, and insuring their safety; and WHEREAS, public safety telecommunicators have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each telecommunicator has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, the first emergency 9-1-1 call in New Hanover County was made in May 1982. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board o f Commissioners that the week of April 11-17, 2010 be recognized as "National Telecommunicators Week" in New Hanover County, in honor of the men and women whose diligence and professionalism keep our county and its citizens safe. ADOPTED the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n %j-r/ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 12 DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Finance Director CONTACT(S): Avril M. Pinder, Finance Director SUBJECT: Consideration of a Resolution to Request Reallocation of Recovery Zone Economic Development Bond Allocation for Cape Fear Community College BRIEF SUMMARY: On January 4, 2010, the Board designated the County as a Recovery Zone allowing us to apply for Recovery Zone Economic Development Bonds (RZEDB) to be used for governmental purposes that promote economic development or activity. Attached is a Resolution Requesting Reallocation of RZEDB -CFCC -The County is requesting to use $30,000,000 to assist in financing the construction of Union Station at Cape Fear Community College's Wilmington Campus. Union Station will be a 190,000 GSF multi-story building along with attached parking deck that will hold 1,000 - 1,200 cars. The total cost of the Union Station Project is estimated at $87,741,000, the remainder of which will be financed through General Obligation Bonds. The County has authorized, but unissued General Obligation CFCC Bonds in the amount of $164,000,000 for construction and renovation of various buildings. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution Requesting Reallocation of RZEDB-CFCC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ k / 141" 1 " 12-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE APPROPRIATE COUNTY OFFICERS TO FILE A REQUEST FOR REALLOCATION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BOND ALLOCATION WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 1115-5) (ARRA) modifies the Internal Revenue Code of 1986, as amended (the Code) to authorize, among others, two new types of bonds entitled "recovery zone economic development bonds" and "recovery zone facility bonds"; and WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build America bonds (as defined in Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 1400U-2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility bonds" in Sections 1400U-1 and 1400U-3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with "qualified business" defined to include any trade or business other than residential rental property and certain prohibited uses outlined in the Code; and WHEREAS, NCAC Chapter Ol, Subchapter OlH Section .0400 - .0404 established procedures for recovery zone bonds allowing a recipient at any time to request for reallocation; and WHEREAS, the County has a proj ect to construct Union Station with Attached Parking Deck for the Wilmington Campus of Cape Fear Community College. The construction will consist of a 190,000 GSF multi-story building and is to contain several programs including biology, chemistry, nursing, allied health, faculty offices, general classrooms, 300-seat lecture hall, business office, student services, and administration. The attached parking deck is to hold 1,000 to 1,200 cars and is included in the estimated total project cost of $87,741,000; and WHEREAS, the County has also been approved for the sale of General Obligation Bonds in the amount of $164,000,000, and in an effort to minimize our interest cost, the County is requesting to use $30,000,000 from the State Recovery Zone Economic Development Bonds (RZEDBs) to construct the Union Station Project. The outstanding difference due on the project after paying $30,000,000 from the RZEDBs allocation will be paid from the sale of General Obligation Bonds. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 12-1-1 NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. The County is requesting an allocation of Recovery Zone Economic Development Bonds in the amount of $30,000,000. 2. The officers of the County are hereby authorized and directed to take all action as maybe required in filing a Request for Reallocation of the Recovery Zone Economic Development Bond Allocation. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 12-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 13 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney SUBJECT: Consideration of a Resolution Authorizing the Negotiation of an Installment Purchase Contract to Refinance a Portion of the Costs Related to Certain Capital Projects, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Matters Related Thereto BRIEF SUMMARY: The County previously entered into several Installment Financing Contracts to finance various capital projects. Staff has determined that it is in the best interest of the County to enter into (1) an installment purchase contract with the New Hanover County Financing Corporation, in order to refinance a portion of the capital costs of the Projects and (2) a deed of trust and security agreement related to (a) the County's fee simple interest in the real property on which the Judicial Facility and the County Government Center are located. The refinancing of these Projects is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants. The Projects provide an essential use and now permit or will permit the County to carry out public functions that it is authorized by law to perform. Entering into the Contract and Deed of Trust is necessary and expedient for the County. The Contract allows the County to refinance the Projects at favorable interest rates currently available in the financial marketplace and on terms advantageous to the County. The estimated cost of the refinancing of a portion of the costs of the Projects is approximately $50,000,000 (including financing costs). Such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non-voted bonds that could be issued by the County in the current fiscal year. Staff has determined that the cost of refinancing the acquisition, construction and equipping of the Projects pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including, but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay that would thereby decrease the financial benefits of refinancing a portion of the Projects to achieve meaningful debt service savings; and (3) most of the Projects are not "revenue bond projects." Staff does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Resolution. ATTACHMENTS: Resolution Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-0 NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT TO REFINANCE A PORTION OF THE COSTS RELATED TO CERTAIN CAPITAL PROJECTS, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER MATTERS RELATED THERETO WHEREAS, the County of New Hanover, North Carolina (the "County") is a political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance or refinance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the County previously entered into an Installment Financing Contract dated as of December 1, 2000 with the New Hanover County Financing Corporation (the "Corporation") to finance capital costs of (1) a five-story facility adjacent to the County's Judicial Building located at Fourth and Market Streets, which currently houses employees servicing the judicial function including judges, the District Attorney's Office, the Clerk of Court and the Register of Deeds (the "Judicial Facility"), (2) the Airlie Gardens project, (3) the Wilmington-Hamby Beach water and sewer project, and (4) improvements to the County's solid waste incinerator exhaust system, (the "2000 Projects"); WHEREAS, the County previously entered into an Installment Financing Contract dated as of October 1, 2001 with the Corporation to finance capital costs of certain jail, law enforcement, parking and library facilities (the "2001 Projects"); WHEREAS, the County previously entered into an Equipment Installment Financing Agreement dated October 6, 2006 with Banc of America Public Capital Corp. ("BofA") to finance capital costs of telephone communication equipment, 911 emergency system equipment and landfill equipment (the "2006 Projects"); WHEREAS, the County previously entered into an Installment Financing Agreement dated as of June 15, 2007 with BofA to finance capital costs of the County's administrative offices (the "County Government Center" or the "2007 Project"); WHEREAS, the County previously entered into an Installment Financing Contract dated as of April 7, 2008 with SunTrust Equipment Finance & Leasing Corp., as supplemented and amended on June 5, 2008, to finance capital costs of (1) improvements at the Wilmington- International Airport, (2) fire station improvements, (3) acquiring land for jail facilities expansion, and (4) community college improvements (the "2008 Projects"); WHEREAS, the 2000 Projects, the 2001 Projects, the 2006 Projects, the 2007 Project and the 2008 Projects are referred to herein collectively as the "Projects"; Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-1-1 WHEREAS, the Board of Commissioners of the County (the "Board of Commissioners") hereby determines that it is in the best interest of the County to enter into (1) an installment purchase contract (the "Contract") with the Corporation, in order to refinance a portion of the capital costs of the Projects and (2) a deed of trust and security agreement (the "Deed of Trust related to (a) the County's fee simple interest in the real property on which the Judicial Facility and the County Government Center and the improvements thereon are located (the "Sites"); WHEREAS, the County hereby determines that it will proceed with the refinancing of a portion of the Projects and, in connection therewith, include in the Deed of Trust the Sites of the Judicial Facility and the County Government Center and improvements thereon; WHEREAS, the County hereby further determines that the refinancing of the Projects is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the Proj ects provide an essential use and now permit or will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to refinance the Projects at favorable interest rates currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of the refinancing of a portion of the costs of the Projects is approximately $50,000,000 (including financing costs) and that such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non-voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of refinancing the acquisition, construction and equipping of the Projects pursuant to the Contract is expected to exceed such cost pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of refinancing the acquisition, construction and equipping of the Projects pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including, but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay that would thereby decrease the financial benefits of refinancing a portion of the Projects to achieve meaningful debt service savings; and (3} most of the Projects are not "revenue bond projects"; WHEREAS, the County hereby determines that the estimated cost of refinancing the acquisition, construction and equipping of the Projects pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertakings as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate future property tax increases solely to pay Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-1-2 installment payments falling due under the Contract in any fiscal year during the term of the Contract; WHEREAS, Dewey & LeBoeuf LLP, as special counsel ("Special Counsel"), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its outstanding debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget Ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, in accordance with Section 160A-20(g) of the General Statutes of North Carolina, a public hearing on the Contract after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract and the Deed of Trust and the proposed refinancing of the Projects. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CONINIISSIONERS OF THE COVNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate Contract. That the County Manager and the Finance Director, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County for the refinancing of a portion of the costs of the acquisition, construction and equipping of the Projects in a principal amount not to exceed $50,000,000 under the Contract to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in either or both of the Sites on which the Judicial Facility Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-1-3 and the County Government Center and the improvements thereon are located, as may be required by the entity, or its assigns, providing the funds to the County under the Contract. Section 2. Application to LGC. That the Finance Director or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Special Counsel, Underwriter. That the County Manager and the Finance Director, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Dewey & LeBoeuf LLP, as special counsel, and the County Manager and the Finance Director are authorized to retain Stephens Inc., as the underwriter of refunding limited obligation bonds, the net proceeds of which will be used to effectuate the refinancing of a portion of the Projects. Section 4. Public Hewing. That a public hearing (the "Public Hewing shall be conducted by the Board of Commissioners on April 19, 2010 at 9:00 a.m. at the New Hanover County Historic Courthouse, 24 North Third Street, in the Commissioners' Assembly Room, Wilmington, North Carolina 28401, concerning the Contract, the Deed of Trust, the proposed refinancing of a portion of the Projects and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. That the Clerk is hereby directed to cause a notice of the Public Hearing, substantially in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. That this Resolution is effective on the date of its adoption. ADOPTED this the 6th day of April, 2010. NEW HANOVER COUNTY Jason R. Thompson Chairman, Board of Commissioners ATTEST: Sheila L. Schult, Clerk to Board Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 13-1-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 14 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Review Planner; Chris O'Keefe, Planning & Inspections Director CONTACT(S): Sam Burgess, Subdivision Review Planner; Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Street Name Correction (SN-110, 2/10) -Request by Phil Triece for the Crosswinds Homeowners Association to Correct the Spelling of Seabouy Circle to Seabuoy Circle Located Near the 4800 Block of Masonboro Loop Road, West Side BRIEF SUMMARY: Crosswinds Homeowner's Association board member Phil Triece has petitioned the County to correct the spelling of Seabouy Circle to Seabuoy Circle. The subject road is improved and NCDOT State maintained. Seabouy Circle has a road length of 210 feet and contains eight lots. Seven of the eight lot owners on Seabouy Circle signed the petition. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: The County Commissioners may approve or deny the street name correction. ATTACHMENTS: SN-110 Staff Summary SN-110 Adjacent Property Map SN-110 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 14-0 CASE: SN-110, 02/10 PETITIONER: Phil Triece (Board Member for Crosswinds HOA) REQUEST: Correct Spelling of Seabouy Circle (SR 3103) LOCATION: Crosswinds Subdivision (Near 4800 Block Masonboro Loop Road) Staff Summary Crosswinds Homeowner's Association board member Phil Triece has petitioned the County to correct the spelling of Seabouy Circle to Seabuoy Circle. The subject road is improved and NCDOT State maintained. Seabouy Circle has a road length of 210 feet and contains eight lots. Seven of the eight lot owners on Seabouy Circle signed the petition. Staff Comments Seabouy Circle in Crosswinds subdivision was approved and recorded in 1994. Staff contacted the following agencies to determine whether the proposed spelling correction was a concern. All of the agencies contacted (WMPO, CFPUA, Engineering, E-911) did not have a concern with the correct spelling. NCDOT indicated that no action from their office would be required. Staff Recommendation Staff recommends approval of the petitioner's request to correct the spelling to Seabuoy Circle. If the correct spelling is approved by the Board, a recorded order would be forwarded to NCDOT for their records. The Crosswinds HOA will be responsible for erecting a new street sign blade. 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The 30-foot access easement is unimproved and has a length of approximately 1,300 feet. All seven residential homes along the 30-foot access easement were assigned Carolina Beach Road mailing addresses by the County in 1986. At that time most of the land nearby was undeveloped. Staff has worked closely with the McGirt family and Emergency 911 to resolve the concern for timely emergency service delivery. Emergency 911 has approved McGirt Place as an unduplicated street name. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: The County Commissioners may approve or deny the street naming and readdressing request. ATTACHMENTS: SN-111 Staff Summary SN-111 Adjacent Property Map SN-111 Applicant Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 15-0 CASE: SN-111, 03/10 PETITIONER: Planning & Inspections staff REQUEST: Access Easement Naming & Reassignment Addresses LOCATION: Near 5000 Block Carolina Beach Road, West Side Staff Summary Planning and Inspections staff have received a request from the McGirt family to properly name an access easement to McGirt Place and adjust the addresses to seven residential homes who live along the road. A major portion of the 30-foot access easement is unimproved and has a length of approximately 1,300 feet. Staff Comments All seven residential homes along the 30 foot access easement were assigned Carolina Beach Road mailing addresses by the County in 1986. At that time most of the land nearby was undeveloped. Staff has worked closely with the McGirt family and Emergency 911 to resolve the concern for timely emergency service delivery. Emergency 911 has approved McGirt Place as an unduplicated street name. Staff Recommendation Staff recognizes the importance of enhanced emergency service delivery and the proper naming and numbering of street addresses based on the Addressing Standards & Procedural Manual adopted by the Board in 2002. Staff recommends approval of the naming of the access easement to McGirt Place and reassignment of street mailing addresses to residents who live along the road. If approved by the Board of County Commissioners, the County will be responsible for the creation and installation of a street sign. Residents along the road will have 90 days or until July 9, 2010 to make the necessary changes to their mailing correspondence. 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JP Boar f mmissio rs Meeti 04/06/ Scruggs, Steven From: Gail McGirt [GaiI.McGirt~nhrmc.org] Sent: Friday, March 19, 2010 3:16 AM To: Scruggs, Steven Subject: ADDRESS CHANGE I ,Gail McGirt of 5060 Carolina Beach Rd and my mother, Mildred McGirt of 5052 Carolina Beach Rd are both in agreement for addresses to be changed to McGirt Place in order for our property to be located by EMS, law enforcement and fire department in a more timely manner in case of emergencies. With our current addresses being Carolina Beach Rd. and the access to our drive is off of Archmil Way has delayed emergency response trying to locate us for 25-30 minutes. Thank you, Gail McGirt Gail McGirt, RN, Staff Nurse Pediatric Intensive Care Unit New Hanover Health Network Office 910- 667-6978 !SIG:4ba324dd109491992820741! Board of Commissioners Meeting n~mti~~nLn v-r/ vv/ ll~.v Iv 15-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 16 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 Special Use Permit Modification (5-329M, 3/10) -Request by UNC-W to Modify the Site Plan for an Existing Special Use Permit by Relocating a Planned 68,000 sq. ft. Laboratory Building and Redesigning Parking Lots at 5600 Marvin K. Moss Lane in an R-15 Residential Zoning District BRIEF SUMMARY: At its March 4, 2010 meeting, the Planning Board voted 6-0 to recommend approval of the modification based on positive findings of fact. No one from the public spoke on this item. Subsequent to the Planning Board meeting, a representative of the adjacent property owner, Lutheran Services for the Aged, expressed concern to staff that they would like to be reassured that the required 25 foot buffer will be installed and maintained along the entire length of their common property line in order to protect the property from impacts of light, noise and close proximity to a large building. If that assurance can be made, the indication was that there would be no objection to the proposal. It is staff's understanding that an agreement was reached between the petitioner and the neighbor to assure an enhanced buffer. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use ATTACHMENTS: 5-329M Staff Preliminary Findings 5-329M Petition Summary 5-329M Site Plan 5-329M Schematic Site Plan 5-329M Adjacent Property Map 5-329M 2007 Approved Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-0 COMMISSIONERS' ACTIONS: Approved the special use permit with the condition listed on page 16-1-3 by a vote of 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-0 CASE 5-329M (3/10} APPLICANT: UNC-W Center for Marine Science LOCATION: 5600 Marvin K. Moss Lane REQUEST: Modification to existing special use permit for a Marine Research & Education Facility ACREAGE: Approximately 65 acres total LAND CLASS : Watershed Resource Protection PLANNING BOARD ACTION: At its March 4, 2010 meeting, the Planning Board voted 6-0 to recommend approval of the modification based on positive findings of fact. No one from the public spoke on this item. Subsequent to the Planning Board meeting, a representative of the adj acent property owner, Lutheran Services for the Aged, expressed concern that they would like to be reassured that the required 25 foot buffer will be installed and maintained, particularly with evergreen trees, along the length of the common property line in order to protect the property from impacts of light, noise and close proximity to a large building. If that assurance can be made, the indication was that there would be no objection to the proposal. It is staff's understanding that an agreement was reached between the petitioner and the neighbor to assure an enhanced buffer. BACKGROUND The Center for Marine Science was originally granted a special use permit in 1991. The facility has grown over the years and the permit has been modified with maj or and minor modifications over that time. The most recent major modification was approved in July, 2007. That change added additional land to the site and proposed two new facilities: an oyster hatchery facility and a marine biology laboratory. Since that approval, the oyster hatchery was redesigned in such a way that the marine biology facility could no longer comply with the approved site plan. The University decided to relocate the laboratory to the northern portion of the property in closer proximity to the existing educational facilities. This proposed modification is presented for your consideration. PRELIMINARY FINDINGS OF FACT: In its review of the request, the Planning Staff concurred with the applicant's proposed ~ndin~s and also made the following preliminary "findings of fact." 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Cape Fear Public Utility Authority provides water and sewer service to the site. B. A traffic impact analysis was prepared for this proposal and certain improvements will be required on Masonboro Loop Road to mitigate the traffic impacts of the proposed addition. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-1-1 C. The subject property is located within the Myrtle Grove VFD. D. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane. E. The plan modification relocates an approximately 70,000 s.f. research laboratory and administrative space from the south side to the north side of the facility. The building will be a two-story structure. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed road improvements required by NCDOT are implemented. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. Colleges, Universities, and related uses are permitted by Special Use Permit in the R-15 Residential District. B. Parking will be provided in accordance with Section 81 of the County's Zoning Ordinance. C. A 50-foot setback with required buffer of natural vegetation will be preserved between adjacent property owners and the Marine Science Center. D. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with conditions; the permit was again modified in September of 2003, adding additional conditions. In July, 2007, the Commissioners again approved a modification to add more land into the overall property and to add a new laboratory building and oyster hatchery on the new property. That plan was administratively modified in June, 2009 to adjust the oyster hatchery design. This change does not add new buildings but rather relocates the most recently approved building from the south side to the north side. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this proj ect will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Compatible commercial and industrial development maybe located within this class provided important resources are not adversely impacted. S-3Z9M (3/10) Page Z Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-1-2 B. Changing the location away from the Holt Road neighborhood is an improvement over the prior plan because access, construction and operating impacts will all be contained in an area adjacent to vacant land. Staff Suggestion: The evidence in the record at this time supports a finding that the use will be consistent with the land use plan and in harmony with the neighborhood if developed within the limitations of the project as proposed and with the required road irnprovernents outlined in the TIA approval letter for this project. STAFF COMMENTS: Staff feels the findings are positive and supports the Planning Board's recommendation. We suggest adding a condition relating to the buffer agreement reached between parties on the north side of the property so that it will be enforceable. The language suggested by the neighbor is as follows: "In addition to the standard NHCo buffer requirement for visual opacity to a height of at least six (6) feet, the bufferyard along the northern project boundary shall be supplemented with Leyland Cypress, or comparable evergreen tree, to provide intermittent visual obstructions from the opaque portion to a height of at least twenty (20) feet, within three (3) years of planting. To provide a variety of height and depth, at least one (1) tree on average will be planted for every thirty (30) linear feet of screen. Spacing of trees should be varied from straight lines and equidistant spacing where practical. Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape to the extent that the planting meets the screening and opacity intent of this section. Trees should be placed and spaced to provide visual aesthetic appeal; to accommodate specific growth habits of species used; to incorporate existing trees into the screen; and clustered where appropriate to provide the maximum visual buffering protection to the proposed two-story building." ACTION NEEDED: Use the Script/worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use S-3Z9M (3/10) Page 3 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-1-3 Case: S-329M, (3/10) Modify an existing special use permit by relocating laboratory building and redesigning parking lots. Petition Summary Data 5600 Marvin K. Moss Lane Owner/Petitioner: University of North Carolina at Wilmington for the State of North Carolina Existing Land Use: Marine Research & Educational Facility Zoning History: October 15,1969 (Masonboro) Land Classification: Watershed Resource Protection & Conservation Water Type: Cape Fear Public Utility Authority Sewer Type: Cape Fear Public Utility Authority Recreation Area: Myrtle Grove Middle School Athletic Fields; Arrowhead Park Access & Traffic Volume: Masonboro Loop Road (minor arterial) with LOS E via Marvin K. Moss Lane. Average Daily Trips (ADT) on Masonboro Loop Road north of Old Myrtle Grove Road decreased approximately 3% from 11,476 (2008) to 11,144 (2009) Fire District: Myrtle Grove Volunteer Fire Department Watershed & Water Quality Classification: Peden Point (SA; HQW) Aquifer Recharge Area: Perimeter of Primary Recharge Area Conservation/Historic/Archaeological Resources: Maritime Salt Marsh adj. ICWW Soils: Torhunta loamy fine sand (class III); Leon Sand (class III); Wakulla sand-1 to 8 percent slopes (class I); Lynn Haven fine sand (class III) Septic Suitability: Class III (Severe Limitations); Class I (Suitable) Schools: Bellamy Elementary Other: Portions of parcel located within 100-year floodplain: Shaded X (southwestern corner); AE and VE (easternmost third of parcel) Subject property located in airport approach zone with elevation 1100 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 16-2-1 1 ' ~ . I 1 • ! ~n • . 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I..: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2010 REGULAR ITEM: 17 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 Special Use Permit (5-600, 3/10) -Request by Avenel Boating Facility Association for a Special Use Permit to Expand a Community Boating Facility Serving the Avenel Subdivision at 1532 Portsmouth Place in an R-20 Residential District BRIEF SUMMARY: At its March 4, 2010 meeting, the Planning Board voted 5-0 (Hayes abstaining) to recommend approval of the special use permit based on positive findings of fact. No one from the public spoke on this item. The site is classified Conservation in the 2006 CAMA land use plan. The Avenel Subdivision originated in1990 for 66 lots. Included was a water access lot. In 1998, the access lot was developed with a 28-slip boating facility just prior to the adoption of a zoning change that made community boating facilities special uses. The facility is now proposing to change the site plan for the facility by extending the dock about 70 feet northward and installing boat lifts to serve the 28 slips. Dredging is also proposed. In light of the expansion of the facility, a special use permit is required to bring the entire facility into conformance with the current standards. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use ATTACHMENTS: 5-600 Staff Summary 5-600 Petition Summary 5-600 Site Plan 5-600 Adjacent Property Map 5-600 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting n~ mti~~n~ n v-r/ w/14.viv 17-0 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ w/14.viv 17-0 CASE 5-600(3/10) APPLICANT: Avenel Community Boating Facility Association, Inc LOCATION: 1532 Portsmouth Place REQUEST: Special use permit for expansion of a 28-slip community boating facility ACREAGE: Approximately 1 LAND CLASS : Conservation PLANNING BOARD ACTION: At its March 4, 2010 meeting, the Planning Board voted 5-0 (Hayes abstaining) to recommend approval of the special use permit based on positive findings of fact. No one from the public spoke on this item. BACKGROUND The Avenel Subdivision originated in1990 for 66 lots. Included was a water access lot. In 1998, the access lot was developed with a 28-slip boating facility just prior to the adoption of a zoning change that made community boating facilities special uses. The facility is now proposing to change the site plan for the facility by extending the dock about 70 feet northward and installing boat lifts to serve the 28 slips. Dredging is also proposed. In light of the expansion of the facility, a special use permit is required to bring the entire facility into conformance with the current standards. PRELIMINARY FINDINGS OF FACT: In its review of the request, the Planning Staff concurred with the applicant's proposed findings and also made the following preliminary "findings of fact." 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water isprovided by anon-potable well. No restroom facilities are present or proposed. B. County Fire Services will require installation of improvements to provide adequate water supply and access for fire suppression. C. The area is classified as Outstanding Resource Waters (ORVU) and is open to shellfishing. D. The area is not a primary nursery area. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed when required fire suppression devices as required by NHC Fire Services are installed. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 17-1-1 A. Community boating facilities are permitted by special use permit in R-20 zoning districts. B. The existing parking lot has 20 standard parking spaces. The additional 8 required spaces can also be accommodated on the property. C. The Avenel Subdivision contains 66 lots, so the community boating facility does not exceed one slip per lot. D. No commercial activities are proposed or permitted. E. The impacts of maintenance dredging may have only minimal impacts on water quality, shellfish grounds and conservation resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. A community boating facility is a neighborhood amenity which inmost cases would not injure the value of adjoining property. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The waterway is classified as Conservation on the LAMA Land Classification Map. The purpose of the Conservation Classification is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Water- dependentuses are allowable. A boating facility is awater-dependent use. B. Policy 3.18 a. of the 2006 LAMA Land Use Plan disallows marinas in Outstanding Resource Waters, but allows for community boating facilities for waterfront communities in those areas. This proposal meets the county definition for community boating facility. C. Policy 3.19 states that in tidal water, individual docks shall be allowed only when shared facilities are not provided. The waterfront lots at Avenel do not have individual docks. D. Policy 3.20 prohibits dredging activities in Outstanding Resource Waters. Exceptions are allowed for maintenance dredging under 3.20.4. Proposed maintenance dredging must be kept to a minimum. S-600 (3/10) Page Z Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 17-1-2 Staff Suggestion: The evidence in the record at this time supports a finding that the use will be consistent with the land use plan and in harmony with the neighborhood if developed within the limitations of the project as proposed and with minimal maintenance dredging. ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use S-600 (3/10) Page 3 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 17-1-3 Case: S-600, (3/10) Special Use Permit to replace and extend floating dock and install boatlifts to an existing community boating facility Petition Summary Data 1532 Portsmouth Place (Avenel Subdivision) Owner/Petitioner: Avenel Boat Facility Association Inc. Existing Land Use: Community Boating Facility Zoning History: Area 5 (July 6,1971) Land Classification: Watershed Resource Protection and Conservation (easternmost corner) Water Type: Non-potable well Sewer Type: Dry sewer Recreation Area: Ogden Park Access & Traffic Volume: Edgewater Club Road (neighborhood collector); Avenel Drive; Portsmouth Place. No traffic counts or LOS data collected for any of the roadways. Fire District: Porters Neck Fire Department Watershed & Water Quality Classification: Futch Creek (Sa; HQW 303(4) AquiferRechar~eArea:Shallowwater-tablesand aquiferand underlyingartesian aquifer containing fresh water over salty water Conservation/Historic/Archaeological Resources: Outstanding Resource Waters (ORW) and open to shellfishing Soils: Lakeland sand-1 to 8 percent slopes Septic Suitability: Class I -Suitable/slight limitation Schools: Blair Elementary School Other: Eastern corner of parcel located in 100-year flood plain (AE and VE zones) Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 17-2-1 - III . ■ . ■ I 6 x . ' . 1 rye. •w ■ ~t~ ~►~c■ ■ Ir .c ti's ~r~■ ~ ~J .■■iti~~■ .o. L■~■Ar~~'1 ■ ~ ~ ~ 8 e ■ ■ ■ i ~ - ■ . 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At the March 4, 2010 meeting, the Board voted 6-0 to recommend approval of the expanded changes to Section 53.6. No one from the public spoke on this item. 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 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 Proposed Amendments A-384 EDZD History COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners Meeting n~ mti~~n~ n v-r/ w/14.viv 18-0 Approved 5-0. Board of Commissioners Meeting n~ mti~~n~ n v-r/ w/14.viv 18-0 CASE#: A-384, (2/10) REQUEST BY: Staff TEXT AMENDMENT: Request by Planning staff to amend Section 53.6 of the ordinance relating to the Exceptional Design Zoning District, including technical refinements. PLANNING BOARD ACTION: At its February 4, 2010 meeting, the Planning Board continued this portion of the recommended amendments relating to the Exceptional Design Zoning District in order to allow more time for comments. At the March 4, 2010 meeting, the Board voted 6-0 to recommend approval of the expanded changes to Section 53.6. No one from the public spoke on this item. BACKGROUND: After the February 4, 2010 Planning Board meeting, staff notified the "Sunshine" list of additional opportunity to suggest changes to Section 53.6. VUe received no additional suggestions in writing; however, we reviewed suggestions offered in conversation and incorporated a few more changes associated with open space and buffers into the staff proposal. The core district requirements should be maintained at least until a few projects are built and can demonstrate the exceptional outcomes anticipated for these districts; especially the effectiveness of the district at internalizing or mitigating the impacts of higher density allowance without imposing negative impacts on neighbors. Staff feels that the revised proposal represents reasonable clarifications that serve the overall public interest without undermining the spirit and intent of Exceptional Design. 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 clarifications and refinements to the standards adopted for the Exceptional Design Zoning District outlined in Section 53-6 of the New Hanover County Zoning Ordinance. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-1-1 Text Amendment (A-384, 2/10) Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD) 53.6-1: Intent- The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use or high density residential projects within the unincorporated areas of the County where appropriate urban features are in place to support such projects without the negative impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and open space, it is intended that this district will prevent the degradation of water quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve public and private spaces that advance a sense of community in swell-integrated service area that diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall be located with respect to public and private facilities existing or clearly available by the time they are required within the development Physical character of the site and relation to surrounding property -The site shall be suitable for development in the manner proposed without creating hazards to persons or property, on or off the district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form and function of development, lands to be included in EDZD districts may be divided by streets, alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 53.6.2: Applicability -Areas classified as Conservation on the current CAMA Land Classification Map are not eligible for residential density greater than 2.5 units per acre, and such acreage must be subtracted from the acreage upon which density on other portions of the district is calculated. All other areas of the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD. 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 1) Applications; procedures and materials to be submitted. Approval for EDZD rezoning shall generally follow procedures for establishment of Planned Development Districts. Material submitted with the application as outlined below, or on subsequent request by the Planning Department, shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case. Applicants are recommended to meet with staff before substantial investments are made towards the design of exceptional development projects and are required to meet with staff to review the exceptional development concept and criteria prior to submitting an application. Application shall be made on forms provided by the County and in accordance with the schedule of deadlines for Planning Board submissions. The following procedures must be met: a. Meet with staff b. Hold 2 meetings with owners and neighbors adjacent to the proposal and within 500 feet of the area to be considered (Section 111-2.1: Required community information meeting before consideration). Atleast one Board of Commissioners Meeting n~ mti~~n~ n v-r/ w/14.v 1 v 18-2-1 must be scheduled after_6:00 p.m_. No ice of both meetings must be given at least two weeks in advance. c. Prepare application and submit by application deadline. The application shall include: i. Survey map as well as metes and bounds description of the boundaries. ii. Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks and shopping districts within a % mile radii of the outermost project boundary. iii. Traffic Impact Analysis prepared and signed by a licensed traffic engineer is required for all projects (based on proposed maximum density and intensity for the acreage). iv. Narrative generally describing the reasons for seeking rezoning and outlining the anticipated development to be approved under separate permit at a later date, if known, and describing the adequacy of access tothe site. v. Inventory of the existing environmental, cultural, historical and natural site attributes. vi. A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal. vii. Summary of the meetings held with surrounding property owners. viii. A checklist of the prerequisite standards that will be met. ix. Application fee. x. Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus. xi. Verifiable water and sewer expansion plans must be provided and allocation of capacity confirmed with the Cape Fear Public Utility Authority. xii. Phasing schedule. xiii. The project must meet all applicable requirements of the County Zoning Ordinance. d. Planning Board consideration and Board of Commissioners decision after public hearing. 53.6-4: District Regulations -Residential density and non-residential intensity within the EDZD shall be based upon the overall exceptional design score of the proposed development. The following regulations must also be met: 1) The applicant must be the owner or owners of all the property to be included in the districtand mustdemonstratethattheproperty is jointlyowned or be subjecttoa formal agreement for unified control. 2) A district must include the entirety of the parcel or parcels being considered. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-2 3) A district may not extend across any major or minor arterial roadway unless the district proposes multiple, unified development phases of mixed uses having safe, signalized vehicular, pedestrian and bicycle facilities to connect the projects. 4) Density permitted by right for residential units in the district shall be six (6) units per acre. 5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district shall be 1.0. 6) All proposals seeking to exceed six (6) units per acre or FAR of 1.0 must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. 7) Prerequisite standards as described in Table 53.6-7. 8) The Exceptional Design District Certification must be assured during the first phase of development or prior to completion of more than 24 units, whichever comes first. 53.6-5 Staff Recommendations - Planning staff, in consultation with other appropriate departments or personnel, shall prepare a written report to the planning board and board of commissioners, containing the following findings: 1) As to the suitability of the proposals for the general type of function, the physical characteristics ofthe land, and relation of the proposed development to surrounding areas and existing and probable future development. 2) As to the sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design. 3) As to the relation to major roads and mass transit facilities, utilities and other facilities and services. 4) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed. 5) As to the suitability of plans proposed or the suggestion of conditions. 6) As to the consistency withthe County'sadopted Land Use Plan and otheradoptedplans for development in the vicinity, and suggesting how the rezoning might be reasonable and in the public interest if approved. 53.6-6 Actions by Planning Board; Board of Commissioners - Actions by the planning board shall be in the nature of a recommendation for or against the rezoning and may include suggested conditions of approval. The Board of Commissioners may grant the application in accordance with the EDZD regulations and other applicable local, state or federal requirements or may approve the application with conditions attached, or may deny the application. 53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations- If the rezoning is approved, the Board of Commissioners shall, approve the development concept plan as described in the application, or indicate required modifications in such approved plan, and such approval shall be binding in determinations concerning final development plans. If the rezoning is approved, the development shall be required to be in accord with approved concept plans and meet the requirements of these and other regulations, as approved. The development shall also conform to any time limitations established by the board of commissioners or the applicant as to beginning and Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-3 completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. Underlying standards upon which to add the exceptional design criteria shall include: 1) Maximum Building height: within 200 feet of any residential zoning district or residential use, building height shall not exceed 40 feet. 2) Building setbacks: Buildings located on the periphery of the district shall be set back a minimum of twenty (20) feet from the district boundary. When the proposed setbacks from the periphery of the district are less than the proposed height of the buildings, the application shall include an explanation of how the project reasonably addresses privacy, light, air, and safety impacts upon adjoining properties. b~;;!d;nbs shall beset h~~L In~ct ton I1 n~ fnnt frnm III nn~nc~ri~n ~nrl hir-~rrln n~+~c ~nrl fif+v 1~n1 fnn+ ~Innrr NU1r I\ UL IL.UJL Lt.ll `1V/ IVt..L II V111 UII I.,/1.. LA \..J LI IU11 UIIU N14r1r11. I.,/N LI IJ, UIILA I111.r 1JV/ It.VL UIVIIb m~inr nr minor ~rtari~l rn~~lnr~lic Aln ~I lilrlinrr c1.111 nnrrn~~h into tl'1n rirr~f_nf 1ni~1► of ~ IIINJVI VI IIIIIIVI 1.11 LVI IUI I V1.d LA YV 101rJ. 1YV N1,A 1141111b J111,.1II VI11r1 VLa 1rl1 II ILV L111.. I Ib11L VI YV Lar VI u nrnnncnrl thnrnllrshf~rn ~c rlncirsn~+nrl h~yi+I-tn 1A/ilminrrtnn Arnim Thnrnll(TI1f~ra Dl~n In nn L.i1 VNVJ~.. Ln LI IVI VUbI IINI uJ LA ~..Jlbl IU L~.. Ln N/ LI I~.. YY 1111111 IbLVI I / 11 \..u UIVI VUbI llLal I IUI1. III I IV c~c4 cl,~ll ~n1r n~rt of 7 r^~4~7/^~"14r1 cinrsl4 f~millr rl1nr411inrs I lni+ 114 Inr~t4r~l rlnc4r tl-~~n ton VL.rJ\.. JIIUII t0111r I..s Lnl L VI U LAV LLn VIIt.O LA Jlllbl\.0 lulllllr 1,A YY \..Illllb LAl 11L NV IV1r1.11.V Lr1 1rIVJ\.01 LIIUII Lt01 i... l1 n1 foot to ~n~~ n~rt of ~mi nthor rlot~nhorl cinrslo familyy rl~nrallinm ~nrl in nn n~co chill 11V/-.:1 1....LV U~-Ir (JUI L VI--UIIr::V LI I~.I LA \..LU 1nl 1\. LA J11•:Ibl\.. ~UI1111--/ LA YY-~..VIIIb, U11.L.. III -HIV ~U J\.. JIIUI~- ~n~~ r»rt of ~ mi iltif~mil~~ rl~eiollinrt i init ho Inr~torl ~Incar thin t~niontyy I7n1 foot to ~n~y~ UI Ir NUI L VI U 111101I1.11UI l lllr LAYY~..II111b LA111L N\.. IV VUL\..LA VIVJ~.1 LI I{..1I I LYY\..I IL/... `LVI.,. 1\..x..6 LV U11/, nart...nf annth,ar m~~ltif.amil~.~.. rani#...nr ran~nr.cacirJ~n+ial. ha~~lrlararx... i.7Ul L--V1 La-IlVL11C.1 Il1U1L11 UIf111 ~1-- UIIIL--V1 IIVII I lOJILa t1 ILlUl- iJU11{dlllb- 3) Parking: Off-street parking shall be provided in accordance with Article VIII of the zoning ordinance. Projects that meet Additional Requirements 1, 2, 3 and 5 may reduce the minimum parking requirements by 10% within the commercial component of the project. 4) Signs: Signs shall comply with the standards in Article IX of the zoning ordinance. The developer shall be responsible for erecting and a property owners association shall be responsible for maintaining street name signs at all intersections within the district. 5) Landscaping and buffering shall be in accordance with Article 67, except that required buffers may be allowed within electric utility easements greater than 30 feet with the permission of the appropriate utility company and provided a memorandum of agreement is in place stating that the buffer will be maintained in perpetuity in accordance with the standards for size, opacity, and location. 6) Street Lights: Street lights shall be included at the rate of one fixture per 500 linear feet or less of roadway. 7) Conservation Resource Requirements shall be applicable. 8) Li~htin~: All site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. 9) Open Space: Open space shall be provided within all exceptional design zoning districts: and except as provided in section (c) below shall equal a minimum of 35% of the gross site area of the district. Open space is an area of land set aside, dedicated, or reserved for public or private use or enjoyment that shall be functional for uses including but not limited to. an_area of environmental_ preservation _and enhancement, park, internal Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-4 ,plaza, playground, playfield, atrium or ~reenway pedestrian and non motorized vehicle easement. 0pen_space may be natural or recreational. (a) Natural openspacesare intendedto protectthenatural environment, protect water quality,__provide environmental education and provide habitat for wildlife. Natural open spaces include natural features such as wetlands and conservation overlaydistrictsorotherwise undevelopable land. Natural open spaces shall not exceed 10% of the open space requirement. (b) Recreation open spaces may be active or passive and a_re intended to provide outdoor recreation opportunities or provide locations where the public is directly or indirectly invited to father, browse, sit, interact or congregate. A maximum_of 25% of the open space area may contain amenitized recreational facilities including swimming poo_Is, golf courses, tennis courts and basketball courts. Unimproved passive recreation open spaces are encouraged. (c) If the proposed open space is less than 35%, or the types of open space do not conform to (a) and (b), the application shall include an explanation of howthe project reasonably providesforspacesthat enhance a sense of community and quality of life for the future residents or patrons of the EDZD. All open space shall remain undivided and be reserved and used in accordance with Section 69.1. 53.6-8 Administrative Action for Approval of Final Plans 1) After an EDZD district has been established, no building permit shall be issued therein, unless and until the Technical Review Committee and the Planning Director have approved final plans and reports for the development as a whole or stages or portions as outlined upon approval. The form and content of such final plans and reports shall be as prescribed for the district, and in the rules of the county and other affected agencies. The final plan shall constitute the equivalent of preliminary plat approval under the New Hanover County Subdivision ordinance. 2) Approval of final plans and reports shall be based on compliance with zoning regulations applying at the time the land was zoned to EDZD status, including such specific conditions as were included by the Board of Commissioners in its rezoning action. The Planning Director shall certify that the conditions imposed by the board of commissioners have been met. 3) Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements relating to the order and location in which building permits are to be issued in the particular EDZD district shall be observed. Except as provided in this article, final plans and reports approval shall be binding on the applicants and any successor in title, so long as EDZD zoning is applied to the land. 53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-5 approved plans, but the Technical Review Committee shall meet and approve the technical merits of the final plan, and when the Planning Director or his designee has certified that the plan approved by the Technical Review Committee meets all the requirements and conditions of the original approval, then signatures of the Planning Director and the Chairman of the Technical Review Committee shall be affixed to the approved final plan. 53.6-10 Restrictions on Permitted Uses The principal uses in an Exceptional Design Zoning District shall be as set out and approved in the original approving action, unless otherwise amended by the Board of Commissioners. After the concept plan has been approved, changes in any principal use or accessory use shall constitute a change in the approved EDZD and shall require approval by the board of commissioners. 53.6-11 Effect of Approval Any area designated as an Exceptional Design District shall thereafter be developed using only the exceptional design standards and proposed conditions under which the EDZD is approved. Any reduction in the prerequisite standards after approval shall be considered a violation of the terms and conditions of approval. In accordance with NCGS153A-344.1(c) and (d) , approval of the master plan shall establish a vested right. After 24 months from the date of original approval, if no construction activity has been permitted, the approval of the original concept plan and any approved final plan shall expire and new approvals based on standards existing for EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24 months may be approved by the Technical Review Committee based on relevant circumstances, including but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions, but the total vesting period may not exceed 5 years. 53.6-12: Modifications -Site specific development plans maybe modified upon review and approval of the Planning Director. Minor changes may be approved in the same manner as set forth in Sec. 71-1(9). Major modifications, including additional density bonuses may be approved by the Planning Director or his designee and the TRC when the prerequisite standards are maintained and sufficient additional points accrue to support the request. However, modifications that conflict with small area neighborhood or corridor plans shall not be approved in this manner. Projects that remove components for which density or intensity bonuses have been awarded must modify the plan accordingly and submit for approval. 53.6-13 Exceptional Design District Standards Converted to Points -The following table includes the criteria that shall enable a project to be classified as an Exceptional Design District and allow for the density bonuses herein provided. The first six (6) criteria are required for any project to initially qualify for Exceptional Design review. In addition to the first six criteria, an additional twelve (12) points are required from the remaining ten (10) additional criteria. Planning Director will determine whether criteria are properly met. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-6 CORE REQUIREMENTS 1. Smart Location REQUIRED 0 tion 1: Locate project on an infill site 0 tion 2: Locate project on an adjacent site with pre-project connectivity. 0 tion 3: Locate project near existing or planned adequate transit service. 0 tion 4: locate project near existing neighborhood shops, services, and facilities. 2. Proximity to Water and Wastewater Infrastructure REQUIRED 0 tion 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of orother on-location improvements to existing infrastructure are considered existing for the purpose of achieving this option. 0 tion 2: locate project within an area scheduled for water and sewer expansion where verifiable expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. 3. Significant Species and Ecological Communities REQUIRED 0 tion 1: After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant. 0 tion 2: If initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence of endangered or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. 0 tion 3: If endangered or significant species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural Heritage Program. 0 tion 4: If endangered or significant species are found and no approved HCP exists, work with an appropriate authority to create and develop one or develop an approved mitigation plan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation and Preservation REQUIRED To prevent bacterial contamination of surface water, install pet waste stations within required open spaces and implement a maintenance schedule for the pet waste stations -and- 0 tion 1: locate project on a site that includes no jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams) or land within 100 feet of these areas. 0 tion 2: locate project such that pre-project jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams),and land within 100 feet Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-7 of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protectednatural resourcesasa resultof new development. Significant destruction shall include the construction, excavation, deposition, of materials in, over or on such land or any work that would affect the course, location, condition, or capacity of the receiving water body. 5. Floodplain Avoidance REQUIRED 0 tion 1: Locate on a site that does not contain any land within a 100-year floodplain. 0 tion 2: Locate the project on an infill site or a previously developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. 0 tion 3: Develop only on portions of the site that are not in a floodplain or on portions that have been previously developed. 6. Stormwater Management REQUIRED Implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee (TRC). ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED Points BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Bicycle and Pedestrian Access 2 points Include a pedestrian or bicycle through-connection in at least 90% of any new cul-de-sacs, except where prohibited by topographical conditions. Provide bicycle parking and storage for developments that contain multifamily, retail and commercial development. Provide convenientaccess and off-site connections to allconstructed orplanned bicycle and pedestrian infrastructure networks. 2. Housing and Jobs/Commercial Opportunity Proximity 2 points 0 tion 1: Include a residential componentequalingat Ieast30% of the project'stotal building square footage, and locate and/or design the project such that the geographic center is within a % mile walk distance ofpre-project full-time equivalent jobs equal to or greater than the number of dwelling units in the project 0 tion 2:Include anon-residential component equaling at least 30% of the project's total building square footage 3. Diversity of Uses 2-4 points Include a residential component in the project that constitutes at least 25% of the project's total building square footage and design or locate the project such that at least 50% of the dwelling units are within % mile walk distance of the number of diverse uses in the approved diversity of uses table. At least one use from two of the three diversity of uses list is required. 4. Conservation Management of Habitat or Wetlands 2 points Creates long-term management plan for new or existing on-site native habitats, and/or water bodies and wetlands and their buffers, and create a guaranteed funding source for management. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-8 5. Transit Facilities 4 points Locate development within % mile of an existing or planned transit route. Provide or identify covered and at least partially enclosed shelters, adequate to buffer wind and rain, with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit information as part of the project, including basic schedule and route information at each public transit stop within or bordering the project. 6. Certified Green Building 2 points Design, construct, or retrofit one whole residential ornon-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. 7. Minimum Building Energy Efficiency 4 points For non-residential building, mixed use buildings, and multifamily residential buildings four stories or greater, new buildings must be on average 10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007. For new multifamily residential buildings three stories or fewer and new single-family residential buildings: 90% of new buildings must meet Energy Star criteria. 8. Water Efficient Landscaping 2 points Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25% or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape irrigation. 9. Building Orientation 2 points Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees of south. 10. Affordable Housing 2 points Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income (AMI). Rental units must be maintained at affordable levelsfora minimumofl5years. *No partial points will be awarded. Points will not be awarded on a sliding scale. BONUS AWARDS: Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional criteria above. When the project proposed has established the minimum criteria, any additional points derived from within the elective categories above may be applied toward density or floor area ratio bonuses. Points may not be double counted and no partial points will be awarded. Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each additional point accrued over the minimum exceptional criteria or one tenth (1/10) additional FAR for each two additional points. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-9 Diversity of Uses List Use One: Retail Convenience Store Florist Hardware Store Pharmacy Supermarket Miscellaneous retail Use Two: Services Bank Coffee Shop Hair care Health club Laundry/dry cleaner Medical/dental office Restaurant Offices for private business and professional activities Use Three: Civic/Community Facilities Child care (licensed) Civic/community center Place of worship in a building Police/fire station Post office Public library Public park School Senior care Social services facility Diversity of Uses Table Number of Uses Points Earned 2 2 3-5 3 6ormore 4 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-10 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District Definitions In ill Site is defined as a site where at least 75% of the perimeter of the property borders parcels that have been previously developed. Previously Developed is defined as a site having pre-existing impervious coverage that would typically have required regulatory permitting to have been initiated. Requirement 1: Smart location Pre-project connectivity may be met when the proposed project is located so that 25% of the project boundary is adjacent to a previously developed property and cc~~ect;~-itr NY°~°"~ of ut !e41J1. ~ 5n in+nrcn~+innc/cn miln ~Arithin ~ half ~ir~ln r~rlillc rnn+nrnr~ nn +~n mir~r~nin+ of+~n ~~i~rnn+ r~nr+inn of+~n 1111.41J441.IVIIJ/J4'. 111114 YV 11.11111 N IINII 411414 IN41141J 44111.41441 VII 1.114 111141 `../VII IL VI 1.114 N41,N44111. `../VI I.IVII VI 1.114 r~rninrt nnrimn+nr Thn r~rlil Ic of thn half ~ir~ln ml Ic+ ~n miln nr thn Innrsth of thn ~rli~~nn+ r,nr+inn of `../1 VJ441. `.,/41111141.41 . 1114 INNINJ VI 1.114 114111 411414 IIINJI. N4 !4 111114, VI 1.114 1411b 1.11 VI 1.114 N41JN44111. `../VI I.IV11 VI tin r►nrimn+nr ~Ai~ir~~n~inr is Innrsnr ~nrl if tin r►rnin~t rnn+~inc ctrnn+c itc ~nnnnrti~~i+~r ~~nnn+ ~n Incc 1. I1 14 `.JI41111141.41, YV 111411L. Vr41II IJ IVIIb41, N1141 II 1.114 `.JI V,441. 4VI 111.N IIII IJ J1I.144II 1.J,//~~11.J 4V1111441I.IVII.r 4411111VL N4 14JJ +Yl'~+ +Yln /`n Y1Y1n~+I1/1+1/ of +Yln CI IYYnI IYl~lY1(T 7Yn7 YY107C1 IYnr~ IA/1+Y11r1 +Y1n Y17~T f IYf 7Y1fY ~~CI(Tr1 7r1~ Yll II~~ +Yld {:IINL 1.114 4V1111441.IVII.V VI 1.114 JN11 VNIINII IS-. NI ~..N III~..NJNI I.. 4A VV 11.11111 1.11.. IINII 411411., N1141 {.A I.JIS-.11 NIIN N41IIN-{.I I4.- r►rninr+ ~Aii+~ ~n~c+ nnn +~rnl Irt~ c+rnn+ ~nr~~nr mn+nri~n~ rirs~+_nf_~Ai~~r in+nrcn~+inrt +~n r~rnin~+ `../1 VJ441. YV 11.11 NV 1441) 1. V114 1.111 VNbll J1.1 441. N1141, VI IIIV I.VI IL441 I Iblll. VI YVNr 1111.41 J441.IIIb 1.114 `.,JI VJ441. hnl Inr~~r~i ~n,c+ n„nr„ Qnn fnn+ connectivity of the site and adjacent land is at least 90 N V N I 16A N I r N V 1 4 N J V 4 V 4 1 r V V V 1 4 4 L intersections/square mile as measured within a 1/2 mile distance of a continuous segment of the project boundary. Locate and/or design the project such that a through street and/or nonmotorized right-of-way intersects the project boundary at least every 800 feet, connecting with an existing street and/or right-of way outside of the project. Existing or planned adequate transit service: At least 50% of dwelling units and business entrances within the project must be located within % mile walk distance of existing or planned bus transit stops. Location of project near existing neighborhood shops, services, and facilities: The project boundary must be within % mile walk distance of at least five (5) or within % mile walk distance of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the Ordinance. Uses must include at least one use from each of the three diverse use categories with the following limitations: a) uses may not be counted in two categories, e.g. a school or place of worship maybe counted only once even if it also contains a daycare facility; b) a mixed use building containing several uses as distinctly operated enterprises with separate exterior entrances may count each as a separate use, but no more than half of the minimum number of diverse uses can be situated in a single building or under a common roof; c) a single retail store of any type may only be counted once even if it sells products associated with multiple use types. Requirement 3: Significant Species and Ecological Communities The Natural Area Inventory for New Hanover County shall be found on the New Hanover County Planning Department's website. The Inventory was designed to identify the highest quality natural areas and natural communities in New Hanover County. Only Significant species are determined to be regulated under this requirement. Requirement 6: Stormwater Management Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-11 The New Hanover County-City of Wilmington Joint Low Impact Development Manual shall be downloaded from the New Hanover County Planning website. In order to meet this requirement, a determination that the project is in fact a Low Impact Development project, must be made by the County's Technical Review Committee (TRC). Representatives from the project are encouraged to meet with County Planning and Engineering staff prior to submittal of the project to the County's TRC. Additional Requirement 1: Bicycle and Pedestrian Access Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units and no fewer than four (4) spaces per project site. Bicycle Storage for Retail: The project must provide secure visitor, customer and/or employee bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site, whichever is greater. Bicycle Storage for Commercial Non-Retail: The project must provide secure employee and/or visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail space but not fewer than four bicycle spaces per building. Additional Requirement 4: Conservation Management of Habitat or Wetlands Long-term management plan -This plan must be at least ten (10) years and include biological objectives consistent with habitat and/or water resource conservation. The plan should identify the following: a) procedures for maintaining the conservation areas and personnel to carry out those procedures, and b) estimated implementation costs and funding sources. Additional Requirement 6: Certified Green Building Building certification must be completed by the applicable program's third party certification program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB certification program). Additional Requirement 7: Minimum Building Ener~y Efficiency For non-residential or mixed-use buildings, projects may document their building energy efficiency by producing a LEED for New Construction energy model demonstrated by a whole building project simulation using the Building Performance Rating Method inAppendix G ofANSI/ASHRAE/IESNA Standard 90.1-2007. For multifamily residential buildings, projects may demonstrate compliance with Energy Star criteria either through the prescriptive requirements of a Builder Option Package, Home Energy Rating System (HERS) index, or a combination of the two. Energy Star certification is to be conducted by a 3rd party verification process. Additional Requirement 10: Affordable Housing For rental units, affordability must be priced for households earning 80% of AMI. Rental limits are calculated annually based on the HUD Standard Income and Rent Limits table. For sale units, affordability will be based on sale price limits established by the North Carolina Housing Finance Agency First-Time Home Buyer Mort~a~e and Downpayment Assistance Program. Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-2-12 A-3 84 (2/10) BACKGROUND INFORMATION for TECHNICAL REFINEMENTS AND ADMINISTRATIVE CORRECTIONS RELATING TO EDZD Anew 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 densi . /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. Like any rezoning, EDZD will not be appropriate in ever. location. Consistent with the NC General Statutes, all rezonings require adoption of statements as to whether the change is consistent with the comprehensive plan and how it is reasonable and in the public interest. The requirements to qualify for EDZD were considered to be the minimum criteria required to reasonably offset the impacts of the additional density permitted in this district in order to conclude that it would be in the public interest. The intent was that the guali , ing criteria would be a high bar, setting this district apart from other districts, but that the design aspects of the district should be more flexible to allow for creative solutions to accommodate the base density without undue imposition on neighbors or the environment. The idea is to persuade decision-makers and potential neighbors that density can be a positive contribution to the area when requirements are high. Interested parties have recently come forward to investigate the possibility of requesting EDZD zoning. Most inquirers have wanted to find relief from the qualifying requirements for the district. Staff feels strongly that the gualif~g requirements cannot be compromised because it would undermine the whole point of the exceptional concept. One party requested clarifications about open space, buffers and setbacks. As staff reviewed the ordinance, we realized that 1. open space had not been specifically addressed for EDZD. 2. Buffers are part of the supplementary standards of Article VI, but the EDZD references had not been distributed throughout the ordinance, and 3. setback standards, which were the same as for Planned Development, did not properlX address the potential conflict of allowing height up to 40 feet along the peripheral boundary of the district. The EDZD is NOT envisioned to be subject to Section 69.4 High Density standards. It is its own district and subject to all the general supplemental standards, but the heightened qualifying requirements for establishing the district and for granting density bonus points was thought to mitigate negative impacts through specialized standards. Staff has consistently felt that flexible design standards are important. we resisted the notion of establishing certain minimum standards because an exceptional district should not be focused on "minimum" - it should be focused on "exceptional." Nevertheless, we do understand that the A-384 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-3-1 -2- ordinance should provide enough direction so that potential applicants understand the framework in which they can operate. As a result of the recent questions and review as well as additional consideration over the past month, staff now recommends changes and refinements to the ordinance to provide more specific guidance while maintaining design flexibility. None of the proposed refinements alters the purpose and intent of the EDZD. 1 CHANGES to SECTION 53.6 In Section 53.6, staff proposes refinements to the "underlying standards" of 53.6-7 as follows: Under number 2), we recommend a provision to address the potential for conflict with adj ooning properties by stating the minimum setback is 20 feet but if the proposed setback is less than the height of the proposed buildings on the periphery (height can be 40 feet), then the applicant must include an explanation of how privacy, light, air and safety impacts are otherwise addressed. OUTCOME: Never less than 20 on the periphery. If less than height of building, explain. Also in this section, we recommend removing the building separation language, in order to provide more internal design flexibility. OUTCOME: Fire safety will still be addressed by Fire Services standards, but basically, whatever they allow will be the standard for building separation. We recommend adding an accommodation for allowing buffers in electric easements greater than 30 feet when permission is granted by the power company and a memorandum of agreement assures perpetual maintenance of the buffer. OUTCOME: Provides opportunity for flexible design when power company consents. We recommend adding a specific provision for lighting. This language is taken from the buffer standards in Article VI, but in order to make it more obvious, include here also. OUTCOME: More convenient reference to existing standard. We recommend adding a specific provision for open space. The open space requirements in the zoning ordinance are scattered over several sections but most notably within the High Density section (69.4). Since we do not view the EDZD as being subject to Section 69.4, we needed to provide some guidance to applicants. For an exceptional minimum standard, we recommend the standard currently in place for PD, 0&I and R-15, which is 3 5%. We also looked at the City's standards and found that their Multi-family zoning district requires 35% open space. However, in order to allow for flexibility, we recommend a broader definition of what would constitute open space, adding courtyards, plazas, atriums, and greenways, and we included language allowing the flexibility to propose less than 35% or more than the maximums for natural open space and amenitized recreation space, but the applicant must explain how their proj ect will provide for a sense of community and quality of life. OUTCOME: Guidance is established. Standard is reasonable and consistent with other districts. Flexibility is maintained. If less is proposed, explanation is required. A-384 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-3-2 -3- In Section 53.6-13 Exceptional Design District Standards Converted to Points, staff proposes the following: Core Requirement 4. Staff recommends adding a requirement for bet waste stations in open space to protect surface waters. OUTCOME: Help protect surface water quality (as well as positive sense of community). In the "Associated Technical Standards for Section 53.6, Definitions," staff proposes the following: Staff recommends up~g the definition ofpre-protect connectivitX to reflect the most recent LEED definition. OUTCOME: A more current and clearer description for calculating this smart location option. Finally, we recommend adding a definition for affordable rental housing that sets the income standard at 80% of Area Median Income based on HUD figures and sets the affordable definition for home sales at prices and incomes established by NC Housing Finance Agency. OUTCOME: Better guidance for understanding the core requirements A-384 Board of Commissioners Meeting n~ mti~~n~ n v-r/ vv/14.v1v 18-3-3