2007-06-04 RM Exhibits
X r3 3D. 24- . I
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, General Statute 47-30.2 requires that every County appoint one or
more Review Officers to examine and approve plats and maps prior to recordation at the
Registry of Deeds; and
WHEREAS, a Review Officer must examine and approve plats and maps to
ascertain mapping accuracy and consistency; and
WHEREAS, a resolution was adopted by the Board of County Commissioners on
March 12, 2007 that for the unincorporated New Hanover County and the Towns of
Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review Officers
are Chris O'Keefe, Planning Director; Billy Oakes, Land Records Supervisor; and Sam
Burgess, Principal Development Planner; and that for the City of Wilmington the
designated Review Officers are Benjamin Brown, City Surveyor; and William Penny, City
Engineer; and
WHEREAS, the City of Wilmington has requested that the five staff listed below
be designated as Review Officers for the City of Wilmington.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board
of Commissioners that the following City of Wilmington staff be designated as Review
Officers for the City of Wilmington:
Ronald H. Satterfield, Jr., Senior Planner;
James A. Diepenbrock, Associate Planner;
David E. Cowell, P. E., Construction Manager;
Carl H. Farmer, Jr., P.E., Division Engineer; and
John Fullerton, Zoning Administrator.
ADOPTED the 4th day of June 2007.
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William A. Caster, Chairman
ATTEST:
~~\~~ '-- ~~u ~\--
Sheila L. Schult, Clerk to the Board
X B ~o. 1- '+. :t a.
AGENDA: June 4, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT 07-239
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 07-239 be made to the annual budget ordinance for the fiscal year
ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: Special Child Adoption Fund
Department: Social Services
Expenditure: Decrease Increase
Adoption Assistance:
Special Child Adoption $67,500
Total $67.500
Revenue: Decrease Increase
Adoption Assistance:
Special Child Adoption $67,500
Total $67.500
Section 2: Explanation
To budget additional state funding received for the Special Child Adoption program. The funds are used
toward expanding or enhancing services in an effort to provide permanency for children.
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 07-239 amending the annual.
budget ordinance for the fiscal year ending June 30, 2007, is adopted.
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William A. Caster, Chairman
ATTEST:
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Sheila . Schult, Clerk to the Board
XB 30. ~'f. Zb
AGENDA: June 4, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT 07-252
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 07-252 be made to the annual budget ordinance for the fiscal year
ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Board of Elections/Governing Body
Exoenditure: Decrease Increase
Elections:
Capital Outlay - Equipment $59,699
Total $59.699
Revenue: Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $59,699
Total $59,699
Section 2: Explanation
On January 23, 2006, the Board appropriated County funds to supplement state HA V A funds to upgrade
the existing election equipment to meet state standard. The upgrade is completed and the unused funds of
$59,699 are being returned to fund balance.
With approval of this budget amendment, $16,621,103 of fund balance will be appropriated in FY 06-07.
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 07-252 amending the annual
budget ordinance for the fiscal year ending June 30, 2007, is adopted.
Adopted, this 4th day of June, 2007.
1.J~Ct.~
William A. Caster, Chairman
X B 30. ~4-: 2.t.
AGENDA: June 4, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT 07-253
B~ IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the followmg Budget Amendment 07-253 be made to the annual budget ordinance for the fiscal year.
ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Non-Departmental/General Government
Exoenditure: Decrease Increase
Non-Denartmental:
Contribution - NC Beach, Inlet & Waterway Assoc. $60,000
Total $60.000
Revenue: Decrease Increase
Anoronriated Fund Balance:
Annronriated Fund Balance $60,000
Total $60 000
Section 2: Explanation
To budget General Fund balance for the County's share of dredging the Carolina Beach Inlet. Funding of
the project with 60% County/40% Beaches was approved by the Commissioners on May 21,2007.
With approval of this budget amendment, $16,740,802 of fund balance will be appropriated in FY 06-07.
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 07-253 amending the annual
budget ordinance for the fiscal year ending June 30, 2007, is adopted.
Adopted, this 4th day of June, 2007.
1)~o.~
William A. Caster, Chairman
'EST
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ELDER ABUSE AWARENESS MONTH
PROCLAMATION
WHEREAS, Elder Abuse is the broad term used to identify mistreatment of
elderly and disabled adults, and abuse and neglect of elderly and disabled adults is one of
the most under-recognized and under-reported social problems in this country; and
WHEREAS, the magnitude of the problem is likely to increase for several reasons,
especially with the anticipated rise in the number of elderly population; and
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WHEREAS, mistreatment can take many forms: Physical Abuse, Emotional
Abuse, Sexual Abuse, Neglect by a Caregiver, Self-Neglect, Exploitation, and Financial
Exploitation; and
WHEREAS, between 500,000 to 5 million people suffer Elder Abuse every year;
and
WHEREAS, it is estimated that approximately one out of every 14 cases of Elder
Abuse is reported; and
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WHEREAS, Elder Abuse is preventable.
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NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County
Board of Commissioners that June 2007 be recognized as "ELDER ABUSE
AWARENESS MONTH" in New Hanover County and that all residents and other
jurisdictions are encouraged to become more aware of this problem and join in the
prevention of Elder Abuse.
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ADOPTED the 4th day of June 2007.
1.J~Q. ~
William A. Caster, Chairman
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ATTEST:
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AGENDA: June 4, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT 07-267
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 07-267 be made to the annual budget ordinance for the fiscal year
ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: SherifflHealthlDSS
Exoenditure: Decrease Increase
Sheriff/Patrol:
Motor Vehicle $90,000
DSS/ Administration:
Medical Insurance $60,000
Health! Animal Control:
Medical Insurance $20,000
Health!Environmental Health:
Medical Insurance $10,000
Total $90,000 $90,000
Section 2: Explanation
To budget for an additional five vehicles in the Sheriffs Office. This amount will be taken from the
FY 07 -08 budget. Purchasing vehicles in FY 06-07 will achieve significant savings.
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 07-267 amending the annual
budg,' mdiTIanoe fo, 'h, fi"," Y'" 'ndjn~::o, 2007, j, ,dop',d.
Adopted, this ~ tl day of , 2007.
.
v~a,Cd--
William A. Caster, Chairman
ATTEST:
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Shei a L. Schult, Clerk to the oard"
)< BID. Ltf. 5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403
(910) 798-7149. (910) 798-7145FAX. VVW\^!.NHCGOV.COM
William A. Caster, Chairman. Robert G. Greer, Vice-Chairman
Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner
Sheila L. Schult. Clerk to the Board
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUESTING THE BUDGET
FOR THE
STATE OF NORTH CAROLINA BE APPROVED BY JULY 1, 2007
WHEREAS, North Carolina General Statute 15 9-8(b) requires counties to adopt a balanced budget ordinance each
year by July 1 st; and
WHEREAS, the State of North Carolina hands down mandates yearly that must be funded by local governments as
well as other legislation directly affecting county budgets; and
WHEREAS, there are still numerous bills in the General Assembly that, if passed, will affect county budgets
significantly; and
WHEREAS, counties still do not know the outcome of Medicaid relief - whether there will be any relief or how
much and if there is any relief whether it will be temporary or permanent; and
WHEREAS, without Medicaid relief, many low-wealth counties will have to either raise taxes or cut employees,
programs and services.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the
Governor of North Carolina has the State's budget approved by July 1 sl so counties will know how to complete
their budgets according to State Statutes.
BE IT FURTHER RESOLVED that this resolution be sent to all North Carolina legislators asking for their
support of this request.
Adopted the 4th day of June, 2007.
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William A. Caster, Chainnan
ATTEST:
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Sheila L. Schult, Clerk to the Board
2. B J. 4-. ~D
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-863, 5/07
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 Conditional Use District CD(B-l) Classification for neighborhood commercial use as
described on the companion special use permit, said land being described as follows:
BEGINNING at a point in the eastern boundary of Carolina Beach Road (U.S.
Hwy. 421), a 160' public right-at-way; said point being located 160.21 teet
southwardly along the right-at-way from its intersection with the southern
boundary at Rosa Parks Lane, a 60' public right-at-way; and running thence trom
the point of beginning, South 64022'00" East, 258.92 feet to a point; thence South
25031 '36" West, 102.15 feet to a point; thence North 64028'24" West, 266.35 teet
to a point in the eastern boundary of Carolina Beach Road; thence with that right-
of-way, North 29039'58" East, 102.90 feet to the point and place of beginning.,
containing 26,893 square feet (0.62 acres), more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
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 and also subject to the companion
special use pennit site plan associated with this case number in accordance with Section 59.7
of the New Hanover County Zoning Ordinance, noting also that in accordance with Section
59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or
the action will be revoked.
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
153A-341, that this zoning map amendment is:
A. Consistent with the purposes and intent of the land classification and associated policies
Z-863
Page 1 of2
in the 2006 land use plan.
B. Reasonable and in the public interest based on the proposed companion site plan.
Adopted the 4th day of June, 2007.
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William A. Caster, Chairman
Attest:
~~'\ "-. ~~l~
Sheila L. Schult, Clerk to the Board
2-863
Page 2 of2
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A 3,500 sq. ft. commercial building in CD(B-l) Zoning District
Z-863, 5/07
The County Commissioners for New Hanover County having held a public hearing on June 4, 2007 to
consider application number Z-863 submitted on behalf of owner Dajo Corporation for a special use
permit to locate a 3,500 sq. f1. commercial building to be used for hardware, general merchandise or retail
use in a CD(B-l) Conditional District approved under companion rezoning action, said proposal being
located at 5705 Carolina Beach 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 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is
developed 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. Private well water will serve the property.
B. A private septic system will serve the project
C. The property accesses an identified arterial.
D. Traffic counts increased by about 25% in the vicinity of this site between 2001 and 2005.
E. Fire Service is available from the Myrtle Grove FD.
F. The property is not located in a flood hazard area.
G. Stormwater retention must meet the design standards of the County's storm water
ordinance
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in 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 District. This request is made concurrent with
conditional rezoning to CD(B-l) Conditional Neighborhood Business District.
B. The proposed use is limited to hardware, general merchandise or retail uses as listed on the
site plan within one building of approximately 3,500 sq. ft. gross floor area.
C. Petitioner proposes 9 off-street parking spaces, adequate to accommodate the range of uses
listed based on 1 space per 400 sq. ft. of floor area.
D. The only traffic access will be via Carolina Beach Road on a shared driveway with the
adj acent use to the south.
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 of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
Z-863
A. No evidence has been submitted that this project will decrease property values of adjacent
parcels.
B. Applicant testified that no vehicular access will be established between the commercial area
and Rosa Parks Lane.
C. Stormwater management must perform in compliance with the requirements of the County
ordinance.
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 Conunissioners make the following FINDINGS OF FACT:
A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive
urban development on lands that have or will have urban services.
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 subject to the
provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the
zoning ordinance and the following additional 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 and all
other state or federal requirements.
B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be
issued within 24 months of approval or the action will be revoked
C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
D. Other:
1. Applicant agrees that roof pitch shall be not less than 4 inches of rise for every 12 inches
of run (4: 12) in order to provide a more attractive structure along Carolina Beach Road
corridor.
2. Applicant agrees to retain existing mature trees as shown on companion site plan
Ordered this 4th day of June, 2007
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William A. Caster, Chairman
Attest:
~~ .\c. ,-, ~ lJ}-
Sheila L. Schult, Clerk to the Board
Z-863
2... fh I. a.}. <8 I
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 (Area 4)
CASE: Z-864, 5/07
. 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 R-1 0 Residential District, said lands being described as follows:
Tract A:
Beginning at a point in the northern boundary of Vallie Lane, a 50' public right-of-
way; said point being located South 84028'59". East, 4.35 feet from its intersection
with the eastern boundary of Marquette Drive, a 50' public right-of-way; said point
being shown on a plat of Lake Brewster - Phase 1, recorded among the land
records of the New Hanover County Registry in Map book 48, at Page 237; and
running thence, North 22000'08" East, 230.86 feet to a point in the southern
boundary of Brewster Place - Section Four, recorded in Map Book 39, at Page
364; thence with that line, South 73059'00" East, 591.30 feet to a point; thence
with the lands, now or formerly, of Kenneth Bryant, recorded in Deed Book 4963,
at Page 2098, South 32006'38" 153.71 feet to a point in the northern boundary of
Vallie Lane; thence with that right-of-way, North 56052'38" West, 185.70 feet to a
point; thence, South 82049'21" West, 283.02 feet to a point; thence North
84028'59" West, 137.45 feet to the point and place of beginning, containing 2.06
acres, more or less. .
Tract B:
Beginning at a point in the northern boundary of Vallie Lane, a 50' public right-of-
way; said point being at the northeastern corner of Lake Brewster - Phase 1,
recorded among the land records of the New Hanover County Registry in Map
Book 48, at Page 237; and running thence South 56054'02" East, 149.09 feet to a
point; thence South 75028'41" East, 95.14 feet to a point; thence with the lands,
now or formerly, of Willie & Jane Ellis Heirs, recorded in Deed Book 1499, at
Page 437, North 15034'44" East, 242.47 feet to a point in the southern boundary
of Brewster Place - Section Three, recorded in Map Book 38, at Page 312;
thence with that line, South 73059'00" East, 1043.09 feet to a point in the western
boundary of John Henry Drive, a 40' private right-of-way; thence with that right-
of-way, South 12046'40" West, 469.07 feet to a point; thence with the lands, now
or formerly, of Schroeder Builders, L.L.C., recorded in Deed Book 5018, at Page
2541, North 79031'00" West, 1276.10 feet to a point at the southeastern corner of
Lake Brewster - Phase 1; thence with that line, North 10051'38" East, 391.79 feet
to the point and place of beginning, containing 14.37 acres, more or less.
Z-864
Page lof2
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:
A. Consistent with the purposes and intent ofthe land classification and associated policies
in the 2006 land use plan.
B. Reasonable and in the public interest to allow an increase in residential density from 2.5
units per acre to 3.3 units per acre in this location.
. th
Adopted the 4 day of June, 2007.
1J~ Q.~'
William A. Caster, Chairman
Attest:
~~\L \..~cL\\-
Sheila L. Schult, Clerk to the Board
Z-864
Page 2 of2