2006-11-13 RM Exhibits
'f. 13 30. \~. t
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Pretrial Release program has an existing electronic
monitoring contract to provide monitoring of eighty (80) slots per day;
AND WHEREAS, the electronic monitoring contract is a valuable tool available to the
County to help keep the number of those incarcerated to a minimum;
AND WHEREAS, by increasing the number of slots monitored a day to ninety (90) slots
would result in a $0.13 per unit price reduction and make available ten (10) spaces in the detention
facility;
AND WHEREAS, the additional funds needed for the increase coverage for the contract
through June 30, 2006 is twenty-four thousand, two hundred twelve dollars and no cents;
AND WHEREAS, budget amendment # 07-084 is attached as part of this agenda item and is
incorporated into this resolution by reference and provides funding in the amount of twenty-four
thousand two hundred twelve dollars and no cents ($24,212.00) to increase the daily amount"
monitored to ninety (90) slots.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that contract # 07-0036 be revised through the normal change order process to
increase the number of slots monitored per day from 80 to 90 for the remainder of this fiscal year; the
County Manager, the Finance Director, the County Attorney and their designated staff are hereby
authorized and directed to act on behalf ofthe County of New Hanover in regard to the execution of
the change order and other actions not inconsistent with this resolution; and associated Budget"
Amendment # 07-084 is approved.
Adol?ted this the 13th day of November, 2006.
W~
Robert G. Greer, Chairman
X T3 3tJ. f '3. 2
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Sheriffs Office has two surplus vehicles that they
desire to donate to Cape Fear Community College for their Basic Law Enforcement Driver Training
Program; vehicle # 1 isa 1998 Ford Crown Victoria, VIN# 2FAFP71WXWX123791 with 149,570
miles and vehicle #2 is also a 1998 Ford Crown Victoria, VIN # 2FAFP71W8WX148687 with
172,390 miles; and
WHEREAS, the vehicles have excessive mileage and are not appropriate to be used on a
daily basis as patrol vehicles in the Sheriff s Office, and are considered surplus, to be removed from
service; and
WHEREAS, the Sheriffs Office is requesting approval to donate the vehicles to Cape Fear
Community College pursuant to General Statute 160A-274 with the understanding that the vehicles
shall be used exclusively for the law enforcement training program at Cape Fear Community College
and upon disposal of the vehicle by Cape Fear Community College, the proceeds shall be used in the
law enforcement training program; and
WHEREAS, the full and fair consideration for the value ofthe vehicles is the assurance by
Cape Fear Community College that the vehicles shall be used exclusively for the law enforcement
training program and upon disposal of the vehicle by Cape Fear Community College, the proceeds
shall be used in the law enforcement training program;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the 1998 Ford Crown Victorias, VIN #'s 2FAFP71WXWX123791 and
2F AFP71 W8WX148687 respectively be donated to Cape Fear Community College with the full and"
fair consideration for the value ofthe vehicle is the assurance by Cape Fear Community College that
the vehicle shall be used exclusively for the law enforcement training program and upon disposal of
the vehicle by Cape Fear Community College the proceeds shall be used in the law enforcement
training program;
AND BE IT FURTHER RESOLVED that the County staff is directed to process any required
documents to complete the transaction.
This the 13th day of November 2006.
WfJ~
Robert G. Greer, Chairman
'f. e,'3D.13.3
CONCURRENT RESOLUTION
of the Wilmington City Council and the Board of Commissioners of New Hanover County.
Making a Joint Appointment to the Cape Fear Public Transportation Authority
d/b/a Wave Transit
LEGISLATIVE INTENT/PURPOSE:
In March, 2004 the Wilmington City Council and the Board of Commissioners of New Hanover
County adopted a Concurrent Resolution creating the Cape Fear Public Transportation
Authority d/b/a Wave Transit ("Authority").
The Authority is composed of eleven (11) members, five (5) of which are to be appointed by the
City of Wilmington, five (5) appointed by New Hanover County and one (1) member to be jointly
appointed by the City and the County.
There is a vacancy on the Authority for the member to be appointed jointly by the City and the
County whose term expired on September 11, 2006.
THEREFORE BE IT RESOLVED BY THE WILMINGTON CITY COUNCIL AND THE BOARD
OF COMMISSIONERS OF NEW HANOVER COUNTY THAT:
The City and the County jointly appoint Aileen Mair as a member of the Cape Fear Public
Transportation Authority d/b/a Wave Transit for a term to expire three (3) years from September
11, 2006.
Adopted at a n::'glll rl r
on Novpmhpr 7
meeting
,2006.
CITY OF WILMINGTON
B1~o!'~
City of Wilmington
~RM
City Attorney
Adop egular Meeting of
the Board on November 13, 2006.
~OVER COUNTY
UIJ~
Robert G. Greer, Chairman
Board of County Commissioners
APPJROVED AS TO FORM:
\~ '1'111 !1 11 If
~"-o;::::~/~~~
County Attorney
~ B 30. /3.Lf-
~I::T
P
J::di.
lU'
~5l:
Q
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
"Friends Feeding Friends" Food Drive
November 1 through December 31,2006
Food Bank of Central and Eastern North Carolina, Wilmington Branch
WHEREAS, nearly one in eight United States households do not have access to enough
food to meet their basic needs, more than nine million people live in households that go
hungry; and
WHEREAS, 50,000 people are at risk of hunger every day, thirty-nine percent are
children, seventeen percent are elderly, and the remaining forty-four percent are our
working poor who are making difficult choices between paying rent, medical costs and
bills, utilities and nutritious food for their families; and
WHEREAS, the Food Bank of Central and Eastern North Carolina, Wilmington Branch
that serves Brunswick, Columbus, Pender and New Hanover Counties, distributed over
3.5 million pounds of food to over one hundred nonprofit agencies in fiscal year 2005-
2006; a growth of over 279% from the 1997-1998 fiscal year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 1st through December 31 st be recognized as "Friends
Feeding Friends" in New Hanover County and its communities to encourage and engage
in a food drive and education, awareness and participation in eliminating and eradicating
hunger and homelessness.
Adopted this, the 13th day of November 2006.
1?LI~
Robert G. Greer, Chairman
Attest:
~\.\" L ~~\I~\
Sheila L. Schult, Clerk to the Board
l!l. t ~.
I
JIIIl
.~rJ'
IIr 1.;.1
1-'63/)./3.5
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
RESOLUTION APPROVING AMENDMENT TO THE
ARTICLES OF INCORPORATION OF THE LOWER CAPE FEAR WATER AND SEWER
AUTHORITY TO INCREASE THE REPRESENTATION OF BLADEN COUNTY ON THE
AUTHORITY'S BOARD
WHEREAS, the Lower Cape Fear Water and Sewer Authority has recommended
to the counties comprising the Authority's Board of Directors and to the City of
Wilmington that the number of members to be appointed to the Authority's Board by the
County of Bladen be increased from one to two;
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners for the
County of NEW HANOVER that:
Section 1. Paragraph (d) of the Articles ofIncorporation of the Lower Cape Fear
Water and Sewer Authority shall be amended to provided that the Authority shall have
fourteen members, two appointed by each of the organizing political subdivisions, four
appointed by Brunswick County, two appointed by Columbus County, two appointed by
Pender County and two appointed by Bladen County. A copy of the Articles of
Amendment is attached hereto as Exhibit A.
Section 2. The attached Articles of Amendment shall be executed on behalf of
NEW HANOVER County by the Chairman of its Board of Commissioners and the
official seal of said Board of Commissioners shall be affixed thereto and attested by the
Clerk to said Board, and the Clerk to said Board is hereby authorized and directed to file
with the Secretary of State of North Carolina or to assist the Authority in so filing, a
certified copy of this resolution along with proof of publication of notice of public
hearing on the question of this resolution.
ADOPTED this the 13th day of November, 2006.
~
Robert G. Greer, Chairman
Attest:
~:\. ~- ~~ \\
Sheila L. Schult, Clerk to the Board
6LA P IV P3 9.1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-549, 02/06, R-15 High-Density Residential for 122 Dwelling Units
The applicant for this special use permit is Withers & Ravenel on behalf of Kevin Hoban, and the request is
for a high-density residential project consisting of 122 dwelling units on twelve acres located at 4416 South
College Road. Based upon the Board of County Commissioners hearing and decision rendered April 3,
2006, on this matter, and per the Order of Superior Court Judge Benjamin Alford, dated August 15, 2006,
the Board hereby grants the applicant's special use permit. In doing so, the Board makes the following
FINDINGS OF FACT and renders the following CONCLUSIONS:
1. The board must find that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Myrtle Grove VFD.
B. Public water and sewer will serve the site.
C. The subject property is not located in a 100-year floodplain.
D. Access to the site is from South College Road, a major arterial thoroughfare.
2. The Board must find that the use meets all required conditions and specifications of the zoning
ordinance.
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows High-Density
development in an R-15 Residential District in accordance with certain performance criteria.
B. The maximum number of allowed units on 12 acres in an R-15 under High-Density development is
122 units. The applicant proposal has 122 units.
c. The minimum required amount of improved recreational area is 1.8 acres. The proposed site has 2.0
acres of improved recreational land.
D. Parking, building height and impervious coverage satisfy the county zoning ordinance.
E. Buffer yards and setbacks are on the proposed plan and meet the county 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. Similar type projects exist in other residential districts in New Hanover County.
B. Other high-density projects are located in direct proximity to the proposed site.
C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
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 New Hanover County Comprehensive Plan classifies the site as Developed. The purpose ofthe
Developed class is to provide for continued intensive development on lands that have urban services.
---,
B. Several High Density projects already exists along South College Road.
5. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
HEREBY ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for
the proposed use, as well as any additional conditions hereinafter stated:
B. Other:
1. There shall be a six foot high earthen berm along the northern property boundary.
2. Evergreen vegetation shall be planted on top of the berm.
3. The existing fence and vegetation on the northern boundary of the property shall remain.
Ordered this ~ day of CJ ~ \... J\..
,2';JJIJL
Robert G. Greer, Chairman
Attest:
~~'\lA '-. ~ ~\
Clerk to the Board
.5 u-P/v, p~ ~.;t
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a Bed & Breakfast Inn in the R-15 Residential District
S-567, 10/06
The County, Commissioners for New Hanover County having held a public hearing on
November 13, 2006 to consider application number S-567 submitted by Lewis Martin and
Jussara Bastos for a special use permit to operate a bed and breakfast inn in their home at 1731
Castle Hayne Road, and having heard all of the evidence and arguments presented at the hearing,
make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1.. The County Commissioners FIND AS A FACT that all of the specific requirements set forth
in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
conducted in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The property is served by well and septic tank.
B. The property accesses Castle Hayne Road, an identified arterial.
C. Fire Service is available from the Wrightsboro Fire Station.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in Section 72-39 of the Ordinance; namely that the use
meets all required conditions and specifications. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The property is zoned R-15 Residential. Bed & Breakfast is allowed by special use
permit in the R -15 Residential District.
B. Off-street parking requirements of 1 space per bedroom plus 1 per employee are
shown on the plan and meet the requirements of Article VIII of the New Hanover
County Zoning Ordinance.
C. The site plan indicates a parking arrangement to facilitate entrance to and exit from
the property without backing into the right of way. A circular drive will be added.
D. Signage cannot exceed four (4) square feet.
E. No lighting beyond normal residential lighting is allowed.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not substantially
injure the value of adjoining or abutting property, or that the use is a public necessity. In
support ofthis conclusion, the Commissioners make the following FINDINGS OF FACT:
S-567
Page 1
A. Until recently Bed & Breakfast Inns have not been allowed in the county, so other
examples are not in the area at this time.
B. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
C. No new structures are proposed for the Special Use.
D. The applicant proposes to offer 2 of the 4 bedrooms for bed and breakfast use.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The 2006 Land Use Plan identifies this area as Transition, which provides for
continued intensive development with urban services in place.
B. Policies in the plan support preservation of residential character and quality of life in
existing neighborhoods.
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED.
Ordered this 13th day of November, 2006
,
1(J.:JIJ tJ..-
Robert G. Greer, Chairman
~~~\~ \ Sl,~,1!::
Sheila L. Schult, Clerk-to the Board
8-567
Page 2
"Z- 'B \. y- . 11
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 7, 1971
CASE: Z-850, 10/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the
hereinafter described tracts from the R-15 Residential Zoning District and placing them in
the 0&1 Office & Institutional Zoning District Classification said land being described as
follows:
BEGINNING at a point in the northeastern boundary of Piner Road, a 60'
public right-of-way; said point being in the eastern line of Lot 25 of Myrtle
Grove Farms, recorded among the land records of the New Hanover County
Registry in Map Book279, at Page 587; and running thence from the point
of beginning, with the northern boundary of Piner Road, North 58 degrees
56 minutes 52 seconds West, 250.07 feet to a point; thence North 26 degrees
25 minutes 37 seconds East, 656.24 feet to a point; thence along a curve to
the left, having a Radius of325.00 feet and Length ofl09.19 feet, a Chord of
North 16 degrees 48 minutes 07 seconds East, 108.68 feet to a point; thence
South 64 degrees 44 minutes 09 seconds East, 383.18 feet to a point; thence
South 26 degrees 25 minutes 17 seconds West, 505.38 feet to a point; thence
North 62 degrees 19 min,utes 43 seconds West, 115.78 feet to a point; thence
South 26 degrees 25 minutes 17 seconds West, 288.47 feet to the point and
place of beginning, containing 5.79 acres, more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe
County Commissioners to Change the Zoning Map Area No.4 on file in the office of the
County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare ofthe inhabitants ofthe County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
153A-341, that this zoning map amendment is:
Z-850
Page 1 of2
A. Consistent with the purposes and intent of the land classification and associated policies
in the 2006 land use plan.
B. Reasonable and in the public interest as an expansion of an adjacent B-2 zoning district.
Adopted the 13th day of November, 2006.
~JJIJ~
Robert G. Greer, Chairman
Co
Sheila 1. Schult, Clerk to the Board
Z-850
Page2of2