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HomeMy WebLinkAbout2007-12-03 RM Exhibits X f3 3D. 35. I STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the- Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 3rd day of December, 2007. NEW HANOVER COUNTY W~ Robert G. Greer, Chairman ATTEST: ~\~;~~ '--~~\Jt~l Sheila L. Schult, Clerk to the Board x (j $.0.35: 2., AGENDA: December 3, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-099 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-099 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: SherifffUniform Patrol Exoenditure: Decrease Increase Sheriff/Uniform Patrol: Supplies $64,454 Total $64,454 Revenue: Decrease Increase Sheriff/Uniform Patrol: Department of Homeland Securitv Grant $64,454 Total $64,454 Section 2: Explanation To budget a 2007 grant award from the Department of Homeland Security (DHS) for purchase of equipment as part of the planned state effort to enhance the response and mitigation of improvised explosive devices. There is no local match 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 08-099 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 3rd day of December, 2007. W-)j~ Robert G. Greer, Chairman ATTEST: ~l~. \ ~\,'~~ Sheila L.~ cnult, Clerk to the I:3oard X t3 30. 35". 3 0- AGENDA: December 3, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-098 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-098 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging/Aging - Medicare Transition Program Exnenditure: Decrease Increase Aging - Medicare Transition Program: Salaries and Wages $ 5,780 Social Security Taxes 442 Postage Expense 500 Printing ],678 Supplies 300 Training and Travel 300 V olunteer Recognition 1,000 Total $10 000 Revenue: Decrease Increase Aging - Medicare Transition Program: SHIlP Grant $10,000 Total $10,000 Section 2: Explanation To budget funds awarded by the NC Department of Insurance Senior Health Insurance Information Program (SHIIP) to support the existing Prescription Assistance Program from 10/1/2007 until 6/30/2008. The grant application was approved by the Board of County Commissioners on 10/1/2007. 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 08-098 amending the annual' budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 3rd day of December, 2007. W;j~ Robert G. Greer, Chairman ATTEST: ~\~\f~ \ ~~~l\~ Sheila L. Schult, Crerk to The Bo-ard X B 3D, 35'. 3 b AGENDA: December 3, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-101 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-101 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging/Nutrition - Home Delivered Meals Exnenditure: Decrease Increase AgingINutrition - Home Delivered Meals: Training and Travel $1,200 Volunteers' Mileage Expense 11 ,560 Total $12 760 Revenue: Decrease Increase AgingINutrition - Home Delivered Meals: Home and Community Care Block Grant $12,760 Total $12,760 Section 2: Explanation To budget additional state and one-time Federal Title III funds received for the Home and Community Care Block Grant (HCCBG). There is a required $],418 match. However, funds to cover this match were included in the FY 07-08 Adopted budget. No additional funds will be 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 08-101 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 3rd day of December, 2007. ~bA~ Robert G. Greer, Chairman ATTEST: ~~~\l. ~-~L\t Sheila L. Schult, Clerk to the Board X 8 30.35. 'f AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6,1969, UPDATED APRIL 2007 A-365 9/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance ofthe County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows (additions are underlined): 59.7-4: Approval Process (7) Effect of Approval (b) If any condition imposed under the companion Special Use Pemlit is found to be illegal, the approval of both the Special Use Pennit and the Conditional Use District shall be null and void, and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 112. 59.7 -5: Alterations to Approved Conditional Use Districts (1) Minor changes to an approved Conditional Use District or its companion Special Use Permit shall be considered in the same mamler as that used for Special Use Permits as set forth in Section 71-1(9) ofthe Zoning Ordinance. (2) Any request for a change to an approved Conditional Use District that does not qualify as a minor change under the provisions of Section 71-1(9) of the Zoning Ordinance shall be submitted as a new Conditional Use District. 59.7-6: Enforcement (1) Failure to Proceed in a Timely Marmer - If within 24 months from the date of approval of the Conditional Use District, no building pennit has been issued for the subject tract, the Planning Department shall initiate action may schedule a hearing for the Planning Board to consider progress made. If it is determined that active efforts are not proceeding, the Planning Board may send forward a recommendation to the County Commissioners to simultaneously revoke the Special Use Pemlit and rezone the Conditional Use Districtto its classification prior to approval. (10/7/91 and 12/3/07) (2) Failure to Comply (b) If a violation of a condition or requirement is not conected within a reasonable time period, the Inspections Director shall also refer the matter to the Planning Department for initiation of proceedings to simultaneously revoke the Special Use Pennit and rezone the Conditional Use District to A-365, 9/07 Page 1 of2 its classification prior to approval in accordance with the process outlined for map amendment in Section 112. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to establish a procedure for acting on conditional district approvals that fail to initiate in a timely manner or otherwise violate the terms and conditions of approval. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 3rd day of December, 2007. /fJJ1J1L Robert G. Greer, Chainnan ~\~~~ ~ _~L\- Sheila L. Schult, Clerk to the Board Attest: A-365,9/07 Page 2 of2 f. 1030.~, 6' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF NAMING AN UNNAMED ROAD TO RUBY LANE ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the naming of Ruby Lane located near the 1700 block of Rockhill Road, north side and extending north approximately 580 feet. A public hearing was held on Monday, December 3, 2007 at which time all persons were heard on the question of whether or not the naming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover should be named and the naming of the same is in the public interest, the description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Ruby Lane. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statues . 153A-240. Adopted this the 3rd day of December 2007. W~~ Robert G. Greer, Chairman ~ '~ \ - \' \' \..v. \.... \.. ~ 'Id I ).1.. Sheila L. Schult, Clerk to Board Attest: X 6 30. 35: (0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF NAMING AN UNNAMED ROAD TO WICKENDON LANE (A Service Road) ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the naming of Wickendon Lane located near the overpass of North College Road and 1-140, east side. A public hearing was held on Monday, December 3, 2007 at which time all persons were heard on the question of whether or not the naming would be in the public interest; and it further appearing that notice of said hearing was translnitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover should be named and the naming of the same is in the public interest, the description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Wickendon Lane. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statues 153A-240. Adopted this the 3rd day of December 2007. 1?,tI~~ Robert G. Greer, Chairman Attest: ~\\^ '-'~C)~IU- Sheila L. Schult, Clerk to Board Xt33D. o~ '7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF RENAMING A NAMED ROAD FROM BAILEYWICK LANE TO BAILEY HARBOR LANE ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of Baileywick Lane to Bailey Harbor Lane located near the 7400 block of Dunbar Road, north side and extending northwest approximately 780 feet. A public hearing was held on Monday, December 3, 2007 at which time all persons were heard on the question of whether or not the renaming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover should be renamed and the renaming of the same is in the public interest, the description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby renamed Bailey Harbor Lane. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statues 153A-240. Adopted this the 3rd day of December 2007. 1?JJ/J~ Robert G. Greer, Chainnan ~\:;\ ~ '--. ~>\\'!J ~ Sheila L. Schult, Clerk to Board Attest: 2..81.lf.~3 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-874, 11/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. TheZoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tracts from the B-2 Highway Business Zoning District and placing them in the R-15 Residential District, said lands being described as follows: Blackledge Tract: BEGINNING at an existing iron pipe in the western right of way line of US Highway 421; said point being North 43 Deg. 29 Min. 45 Sec. West 50.60 feet from a USC&GS Monument "1963," THENCE from the begilming North 85 Deg. 51 Min. 45 Sec. West 178.82 feet to an existing iron pipe; THENCE North 01 Deg. 20 Min. west 52.27 feet to a new rebar; thence South 85 Deg. 45 Min. 32 Sec. East 178.31 feet to a new iron pipe in the western right of way of US Highway 421; THENCE with right of way South 01 Deg. 55 Min. 40 Sec. East 52.0 feet to the point of beginning as surveyed by G. Douglas Jeffreys, PLS-L-1432 on April 11, 2007. See Map recorded at Book 51, Page 127 at New Hanover County Register of Deeds for better description. Robbins Sliver Tract: BEGINNING at an iron pipe at the northwest comer of Parcel ID R08200-001-050-001, thence southerly and following the western boundary of said parcel a distance of approximately 26 feet, to the southernmost extent of a B-2 Highway Business Zoning District on the official zoning map of the County of New Hanover, THENCE following the entire southern boundary of said B-2 Zoning District approximately 176 feet to a point, THENCE northerly along said B-2 Zoning District boundary approximately 5.7 feet to a point in the northern boundary ofPID R08200-001- 050-001, THENCE westerly along the northern boundary of said parcel to the point of beginning, and thereby removing the errant sliver of B-2 zoning designation from PID R08200- 001-050-001. 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 pmi 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 Z-874 Page 10f2 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 of 0.26 acres is: A. Consistent with the purposes and intent of the urban land classification and associated policies in the 2006 land use plan. , B. Reasonable and in the public interest to allow a transition from commercial to moderate density residential use in this location adjacent to an existing R -15 district. I'd Adopted the 3 day of December, 2007. 1?YA~ Robert G. Greer, Chainnan Attest: ~\~~\, L ~G~uti- Sheila L. Schult, Clerk to the Board Z-874 Page 2 of2 2. t3 I . /.p. 71 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED August 18, 1971 CASE: Z-875, 11/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.6 is hereby amended by removing the hereinafter described tracts from the R -15 Residential Zoning District and placing them in the I -1 Light Industrial District, said lands being described as follows: Beginning at a point in the eastern boundary of Judges Road, a 60' public right-of-way; said point being located northerly along the right of way, 671.25 feet from its intersection with the northern boundary of Market Street (US Hwy 17), a 100' public right-of-way; and running thence from the point of beginning, with the eastern boundary of Judges Road, North 21000 West, 300.00 feet to a point; thence North 69000 East, 150.00 feet to a point; thence South 21000 West, 300.00 feet to a point; thence South 69000 West, 150.00 feet to the point and place of beginning, containing 45,000 sq. feet, or 1.03 acres, more or less. Also described as "Lots 5, 6 & 7/Division of Farm #6 - Elm Grove Farms," as recorded among the land records of the New Hanover County Registry in Map Book 9, at Page 19. Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Area No.6 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 l53A-34l, that this zoning map amendment of 1.03 acres is: Z-875 Page] of2 A. Consistent with the purposes and intent of the urban land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to allow a transition from moderate density residential use to light industrial in this location adj acent to an existing I-I district. Adopted the 3rd day of December, 2007. .1?tJ!~ Robert G. Greer, Chairman Attest: ~~\I~C' ~- ~~ll\k Sheila L. Schult, Clerk to the Board Z-875 Page20f2