2011-12-05 RM Exhibits f Exhibit
AGENDA: December 5,2011 Book -I-Page._�....
NEW HANOVER COUNTY BOARD OF COMAUSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
s BY BUDGET AMENDMENT 12- 098
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, j
that the following Budget Amendment 12-098 be made to the annual budget ordinance for the fiscal year 9
a
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
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Fund:General Fund
Department: Sheriffs Office/Detention
Ex enditure: Decrease Increase a
Sheriffs Office/Detention:
f P
Supplies $98,165
j
Total $0 $98,165
s Revenue: Decrease Increase
Sheriffs Office/Detention:
State Criminal Alien Assistance Pro $98,165
Total .$0 $98,165
Section 2: Explanation
To budget the 2011 State Criminal Alien Assistance Program(SCAAP)grant award from the Bureau of
Justice Assistance(BJA).These funds are provided to cover costs for incarcerating undocumented
criminal aliens.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 12-098,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
uN ted,this 5th day of December,2011.
Jona Barfield,Jr. ha'
1
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I •FSTABL ISHE��
Sheila L. Schult,Clerk to the Board
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Exhibit
AGENDA: December 5,2011 Book Page
NEW HANOVER COUNTY BOARD OF CONDUSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 090
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-090 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Understand/act on citizen needs
Fund: General Fund
Department: Social Services/LIEAP Assistance Payments and Administration
Exoenditure: Decrease Increase
Social Services/LIEAP Assistance Payments:
LIEAP Assistance Payments $226,287
Total $0 $226,287
Revenue:__ Decrease Increase
Social Services/Administration:
1571 DSS Admin-Federal/State $226,287
Total $0 $226,287
Section 2: Explanation
To budget a Low Income Energy Assistance Program(LIEAP)allocation of$226,287.These funds will be
used to provide a one-time assistance payment to each qualifying low income household to assist them in
paying their heating bills.No matching County funds are required and no new positions are requested.
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 12-090,amending the annual budget
e for the fiscal year ending June 30,2012,is adopted.
0
0 do this 5th day of December,2011.
J76an Biff iel�V,Chalnn�!
8S Schult, I rk to the Board
AGENDA: December 5,2011 Exhibit
f- NEW HANOVER COUNTY BOARD OF CONMUSSIONERS Book&X 1✓ Page_ a 1. z b
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 087
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-087 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Hire/develop/retain talented people
Understand/act on citizen needs
Fund: General Fund
Department: Parks,Gardens and Senior Resource Center/Recreation&Outreach/Independent Life
Services
Expenditure: Decrease Increase
Parks,Gardens&SRC/Recreation&Outreach:
Temporary Salaries $16,273
Parks,Gardens&SRC/Independent Life
Services:
Grant Match $4,068
Total $4,068 $16,273
Revenue: Decrease Increase
Parks,Gardens&SRC/Recreation&Outreach:
Federal-State Grant-Cape Fear Area Agency
on Aging General Purpose Grant $12,205
Total $0 $12,205
Section 2: Explanation
To budget a$12,205 grant from the Cape Fear Area Agency on Aging for the Senior Center.The grant
match of$4,068 is included in the FYI 1-12 budget.These funds will increase the hours for two Senior
Center Temporary positions: 1)The Senior Center Activities Assistant,who assists in development of
programming,scheduling,facility maintenance,maintenance of documentation and class instruction as
needed.This position will be increased from 12 to 30 hours per week for the remainder of the FYI 1-12
fiscal year.2)The Switchboard Operator's hours will be increased from 10 to 30 hours per week.Together
with the other Switchboard Operator,who works 15 hours per week,this will provide additional coverage
for the switchboard to assist seniors.Grant-funded positions are subject to elimination upon non-renewal
of the grant.
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
GOVN ti North Carolina,that the Ordinance for Budget Amendment 12-087,amending the annual budget
rd' for the fiscal year ending June 30,2012,is adopted.
O Ado ,this 5th day of December,2011.
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Jona tb4n' )3ar-MeTd,Jr. hairm
•F�AB(ISHE���
EST:
Sheila L.Schult,C erk to the Boar
Exhibit
AGENDA: December 5,2011 Book Page.Q�d-
NEW HANOVER COUNTY BOARD OF COM31ISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMEENDMEENT 12- 095
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-095 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Hire/develop/retain talented people
Fund:General Fund
Department:Parks,Gardens&Senior Resource Center/Airlie Foundation
Exi)enditure: Decrease Increase
Parks,Gardens&SRC/Operations-Airlie
Foundation:
Temporary Salaries $20,000
Total $0 $20,
Revenue: Decrease Increase
Parks,Gardens&SRC/Administration-Airlie
Foundation:
Airlie Foundation Contribution $20,000
Total so $20,
Section 2: Explanation
Parks,Gardens and Senior Resource Center is requesting an increase in the expense line item for Airlie
Gardens to add another temporary,part-time Ticket Agent.Due to an increase in visitation and events,we
seek to increase the budget to allow for this position.Funding will come from the Airlie Gardens
Foundation.
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 12-095,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
opted,this 5th day of December,2011.
B
Jr.,
Sheila L.Schult,Clerk to the Board
Exhibit J
AGENDA: December 5,2011 Book y Page DL.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 101
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-101 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund:General Fund
Department: Parks,Gardens&Senior Resource Center/Health&Wellness Promotion/Independent
Life Services
Ex enditure: Decrease Increase
Parks, ar ens&SKC/Health& Wellness
Promotion:
Title 3 Health Grant $2,535
Temporary Salaries $3,375
Social Securi Taxes $250
Parks, &SRC/Independent Life
Services:
Grant Match $3,361
Total $5,896 $3,625
Revenue: Decrease Increase
Parks, ar ens&SRC/Health&Wellness
Promotion:
Grant-State-Health Promotion a ica
Management $2,271
Total I $2,271 $0
Section 2: Explanation
This budget amendment is an adjustment to the Senior Resource Center's Title III Health Promotions and
Medication Management grant to reflect the actual grant award.This grant will continue funding a
Prescription Medication Assistance Program Coordinator position,who is a temporary,part-time
employee funded since July 1,2011 by another grant.The Prescription Medication Assistance program
enables the Senior Resource Center to provide medication assistance to individuals by contacting
pharmaceutical companies to request direct assistance for these clients,resulting in a savings of more than
$250,000 a year to seniors.Without this help,these seniors would be forced to choose between food and
rent and their presciption medication.The program also educates seniors throughout the community about
Medicare Part D supplemental insurance,educates Pharm.D.students and SHIIP(Senior Health Insurance
Information Program)volunteers.The remainder of the funds are used for instructor fees for classes;such
as,aerobics,armchair fitnesss,etc.,as well as several health fairs and support groups throughout the year.
Grant-funded positions are subject to elimination upon non-renewal of the grant.
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 12-101,amending the annual budget
GOVN}Y 0 ce for the fiscal year ending June 30,2012,is adopted.
ted,this 5th day of December,2011.
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JoOCZ Barfield, .,Cha
•F'�AALlSNE SChUIt,Clerk to the Board
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AGENDA: December 5,2011 Exhibit
NEW HANOVER COUNTY BOARD OF COA"HSSIONERS Book 2SI'���
�Page
. AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 102
A
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-102 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Understand/act on citizen needs
Deliver value for taxpayer money
Fund:General Fund
Department: Parks,Gardens&Senior Resource Center/Independent Life Services
Ex enditure: Decrease Increase
Parks,Gardens n epen ent ie
Services:
Contract Services-Transportation-Elderly&
Disabled $125,000
Grant Match Fund $12,500
Total $12,500 $125,000
Revenue: Decrease Increase
Parks,Gardens&SRC/Independent Life
Services:
Federal-State Grant-NCDOT 5310 $112,500
Total $0 $112,500
Section 2: Explanation
To budget grant of$125,000 from the North Carolina Department of Transportation, Section 5310.This
grant requires a 10%match,which is included in the FY11-12 budget.These funds provide transportation
to medical appointments,grocery shopping,dialysis,chemotherapy and other approved appointments for
the elderly and disabled of New Hanover County.Last year these funds enabled the Senior Center to
provide more than 11,000 trips.All clients are screened for eligibility and must meet income and age
requirements in order to receive services.The County Commissioners approved applying for this grant at
their April 4,2011 meeting.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
Q
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
g County,North Carolina,that the Ordinance for Budget Amendment 12-102,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
y STY.�
G + A ,this 5th day of December,2011.
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Jonaqdntirfield,J .,Cha'
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Sheila L. Schult,Clerk to the Board
Exhibit���"�' �
AGENDA: December 5,2011 Book ��x i v Page iI Z-�
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 096
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-096 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: General Fund
Department:Sheriffs Office/Uniform Patrol
Ea enditure: Decrease Increase
Sheriffs Office/Uniform Patrol:
Training and Travel $10,000
Total $0 $10,000
Revenue: Decrease Increase
Sheriffs Office/Uniform Patrol:
Grant-Federal-NC Governor's Highway
Safety Program $10,000
Total $0 $10,000
Section 2: Explanation
To budget a$10,000 grant award from the North Carolina Governor's Highway Safety Program(GHSP)
for travel reimbursements related to gathering statistics and coordinating the initiatives of"Booze It and
Lose It"and"Click It or Ticket"in Region 2.There is no County match requirement and there will be no
change in positions.The Board of County Commissioners approved the Sheriffs Office applying for this
grant at their October 3,2011 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 12-096,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 5th day of December,2011.
vNTY.
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Jonatha arfield,Jr. ha'
Sheila .Sc ult,Clerk to the Board
AGENDA: December 5,2011 Exhibit
NEW HANOVER COUNTY BOARD OF COMINUSSIONERS Book X / Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET J
BY BUDGET AMENDMENT 12- 097
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-097 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:General Fund
Department: Sheriffs Office/Detectives/Administration
Ex enditure: Decrease Increase
Sheriff s Office/Detectives:
Overtime Pa $8,769
Supplies $1,094
Total $0 $9,863
Revenue: Decrease Increase
Sheriff s Office/Administration:
Miscellaneous Revenue $9,863
Total $0 $9,863
Section 2: Explanation
To budget reimbursement received for FBI and Organized Crime Drug Enforcement Task Force
(OCDEFT)overtime and lab services provided by the Sheriffs CSI unit for July through September 2011.
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 12-097,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 5th day of December,2011.
GDl)NTY.�
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Jon Barfield r.,Cha'
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Sheila L.Schult,Clerk to the Board
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AGENDA: December 5,2011 Exhibit
NEW HANOVER COUNTY BOARD OF COMMSSIONERS Book AN Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 23
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2012-23 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:Federal Forfeited Property
Department: Sheriffs Office
Ex enditure: Decrease Increase
Federal Forfeited Property(DOJ):
Supplies $54,090
Total $0 $54,090
Revenue: Decrease Increase
Federal Forfeited Property(DOJ):
Federal Forfeited Property $54,090
Total $0 $54,090
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)receipt of$54,090 on 10/31/11.Department of Justice(DOJ)
receipts are for drug seizures and Alcohol,Tobacco and Firearms cases.Federal Forfeited Property funds
are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
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 2012-23,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 5th day of December,2011.
OvNTY�N
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Jonath arfield,Jr., ai
3yZ I aZ
Sheila L. Schult,Clerk to the Board
Exhibit
Book X ►_✓Page .2 I . 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPROVAL OF PUBLIC OFFICIALS BOND
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of
County Commissioners conducts an annual review of public official bonds; and
WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full
force and to be in proper format.
i
NOW, THEREFORE, the New Hanover County Board of 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.
ADOPTED,this the 5th day of December, 2011.
NEW HANOVER COUNTY
Go04TY.,�,o Chairman
F� ��� Board of County Commissioners
ATTEST:
i BIISt"i
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Sheila L. Schult
Clerk to the Board
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AGENDA: December 5,2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS ExhibVXi1Page9L'
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET 8 o o k
BY BUDGET AMENDMENT 12- 110
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-110 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund:General Fund
Department:Parks,Gardens and Senior Resource Center/Independent Life Services and
Recreation and Outreach
Ex enditure: Decrease Increase
Parks,Gardens and Senior Resource
Center/Independent Life Services:
Salaries and Wages $18,750
Grant Match $3,750
In-Home Aid Services $4,000
Adult Day Health $4,000
Parks,Gardens and Senior Resource
Center/Recreation and Outreach:
Supplies $18,750
Total $3,75011 $45,500
Revenue: Decrease Increase
Parks,Gardens and Senior Resource
Center/Independent Life Services:
Federal-State Grant-HCCBG $24,875
Parks,Gardens and Senior Resource
Center/Recreation and Outreach:
Federal-State Grant-HCCBG $16,875
Total 1 $0 $41,750
Section 2: Explanation
To budget an additional allocation of$41,750 received from the Cape Fear Area Agency on Aging for the
Home and Community Care Block Grant.The grant match of$3,750 is included in the current budget.
These funds will continue funding the Social Worker who conducts assessments for the Home-Delivered
Meals program and provides information and referral services to those clients. Some of the additional
funding will increase the In-Home Aide and Adult Day Care/Health services provided to the citizens of
New Hanover County.
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 12-110,amending the annual budget
ce for the fiscal year ending June 30,2012,is adopted.
4ov }A this 5th day of December,2011.
F chult,Clerk to the Board
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Book
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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RESOLUTION ADOPTING A POLICY FOR
MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES
WHEREAS, pursuant to North Carolina General Statutes §160A-288, the governing body of a
county may adopt appropriate guidelines for the purpose of mutual assistance with other
municipal and county law enforcement agencies; and
3 WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes
lending officers to work temporarily with officers of the requesting agencies, including in an
undercover capacity, and lending equipment and supplies; and
3
4
WHEREAS, it is deemed to be in the best interest of the citizens of New Hanover County to
adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be
both rendered to and obtained from other governmental jurisdictions; and
WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the
protection of the citizens of New Hanover County.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that:
1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with j
other municipal and county law enforcement agencies, provided that the head of the requesting
law enforcement agency makes such a request in writing.
2. The Sheriff is hereby authorized to permit officers of the New Hanover County
Sheriff's Office to work temporarily with officers of the requesting agency, including in an
undercover capacity, and the Sheriff may lend such equipment and supplies to requesting
agencies as he deems advisable.
3. All such requests and authorizations shall be in accordance with North Carolina
General Statutes §160A-288, as applicable.
4. While working with a requesting agency, an officer shall have the same jurisdiction,
I
c powers, rights, privileges and immunities (including those relating to the defense of civil actions
and payment of judgments) as the officers of the requesting agency in addition to those the
f officer normally possesses.
5. While on duty with the requesting agency, an officer shall be subject to the lawful
operational commands of the officer's superior officers in the requesting agency, but the officer
shall for personnel and administrative purposes, remain under the control of the officer's own
agency, including for purposes of pay. An officer shall furthermore be entitled to worker's
compensation and the same benefits to the extent as though he were functioning within the
normal scope of the officer's duties.
6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other
law enforcement agencies in accordance with such reasonable arrangements, terms and
conditions as may be agreed upon between the respective heads of the law enforcement agencies.
ADOPTED this the 5t"day of December, 2011.
NEW HANOVER COUNTY
oox)N F Y•,yo Chairman
Board of County Commissioners
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ATTEST:
ti
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airirWa'
Sheila L. Schult, Clerk to the Board
Exhibit
A
ELI.
GENDA: December 5,2011 Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 24
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2012-24 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
i
8
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Controlled Substance Tax
Department:Sheriffs Office
ExiDendi ture: Decrease Increase
Controlled Substance Tax:
Supplies $2,842
i
Total $0 $2,842
I
i
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $2,842
i
Total $0 $2,842 9
I
s Section 2: Explanation
To budget Controlled Substance Tax receipt of$2,842 on 11/18/11.Controlled Substance Tax is budgeted
as received and must be used for law enforcement as the Sheriff deems necessary.
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 2012-24,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 5th day of December,2011.
uNTY.
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3y 2 ,Chairman
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Sheila I: Schult,Clerk to the Boar
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Book� v
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, Xl._Page,,R ,
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
A-397(11/11)
S
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
be,and the same is hereby further amended to read as follows in the section(s)noted:
Article X: ADMINISTRATION AND ENFORCEMENT
Section 100: Administration and Enforcement
100-1: The Inspeetiens Planning and Inspections Director shall designate responsibility for
sdminist administration and enforcement of this Ordinance. Such duties will be
fulfilled by a trained and knowledgeable zoning administrator or compliance official
who may delegate administrative or enforcement duties to zoning official(s). The
Dir-eeter-may designate this duty to the Zoning EnfiaFeement . (11/2/87)
z 100-2: If the Building Inspeete zoning administrator or other zoning official shall find that
any of the provisions of this Ordinance are being violated, he shall notify in writing
the person responsible for such violation indicating the nature of the violation and
ordering the action necessary to correct it. He shall order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings or structures or of
additions, alterations, or structural changes thereto; discontinuance of any illegal
work being done or shall take any other action authorized by this Ordinance to insure
compliance with or to prevent violation of its provisions.
100-3: For penalties and procedures see Section 132 of this ordinance Enforcement will be
in accordance with the provisions of NCGS 153A-324 which states:
(a) In addition to the enforcement provisions of this Article and subject to the
provisions of the ordinance, any ordinance adopted pursuant to (Chapter 153A
Article 18) . . .may be enforced by any remedy provided by G S 153A-123
(b) If the county is found to have illegally exacted a tax fee or monetary contribution
for development or a development permit not specifically authorized by law, the
county shall return the tax, fee or monetary contribution plus interest of six
percent(6%)per annum.
i
Section 101: Building Permits or Zoning Permits
101-1: After the adoption of this Ordinance no new uses other than bona fide farms shall be
established unless a building or zoning permit is applied for and issued approved by
the Building inspeete r zoning official. No permit shall be issued except in conformity
A-397 Page 1 of 7
i
t
with the provisions of this Ordinance, except after written order from the Board of
Adjustment.
Section 102: Application for Building Permit or Zoning Permit
102-1: All applications for building permits shall be accompanied by plans in duplicate,
drawn to scale, showing the actual dimensions and shape of the lot to be built upon;
the exact sizes and locations on the lot of buildings already existing, if any; the
location and dimensions of the proposed building or alteration and evidence of New
Hanover County Board of Health's approval of the sewage disposal system or
commitment of sewer capacity from the Cape Fear Public Utilities Authority or a
permitted private provider. The application shall include such other information as
may be required by the Biailding Inspeete zoning administrator including existing or
proposed building or alteration; existing or proposed uses of the building and land;
the number of families or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of this Ordinance.
102-2: One copy of the plans shall be returned to the applicant by the Building laspeete
zoning official after he shall have marked such copy either as approved or
disapproved and attested to same by his signature on such copy. Should the Building
Inspeete zoning official disapprove an application for a building permit or zoning
permit the reasons for disapproval shall be listed on the application. The second copy
of the plans, similarly-marked, shall be retained by the Building Inspeeter zoo
administrator.
102-3: Each application for a building permit or zoning permit shall include information as
to the location of applicable areas of Environmental Concern. Prior to the issuance of
a building permit, the Building Inspeetei zoning_administrator shall certify that the
proposed structure or facility is in accordance with the State Guidelines for Areas of
Environmental Concern. (11/6/78)
102-4: In addition to satisfying the foregoing requirements, applications for building permits
in Performance Residential and High Density development shall include duplicate
copies of an approved site plan meeting requirements of Section 69.2 of this
Ordinance. (See Sections 51.5-3 and 69.4 for more information about Performance
Residential development or High Densfty development.)
Sec. 51.5-3: The Technical Review Committee TRC shall meet with Planning staff to
review the plans as submitted. Upon review and consultation with the ceffifflitte
refs the Technical Review Committee shall either approve or deny the
preliminary plan of a performance residential proposal. TRC meetings shall be
scheduled every two weeks as necessary. Disapproval letters shall specify the reasons
for disapproval. Conditional approvals may not be granted. Disapproved plans shall
be returned to the applicant. Approved plans shall be forwarded to the Building
A-397 Page 2 of 7
lnspeeter zoning administrator to be processed under the requirements of Section 102.
(3/22/82) (4/6/87) (8/02)
3 Revisions for Performance Residential and High Den sit Development shall be
reviewed the same as an original submittal in accordance with the site plan
requirements. Such revisions shall be limited to those areas still owned by the
developer. Density calculations shall not include land areas already platted and/or
X sold. (7/02)
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Sec. 69.4(15): The Technical Review Committee (TRC) shall meet with Planning
staff to review plans for high density projects as submitted Upon review and
consultation -amone Committee members the TRC shall either approve or deny
the proposed site plan. TRC meetings shall be scheduled every two weeks as
necessary. Disapproval letters shall specify the reasons for disapproval. Special use
permits are required for high density projects.
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Revisions for Peffefmanee Residenfial and High Density Development shall be
reviewed the same as an original submittal in accordance with the site plan
requirements. Such revisions shall be limited to those areas still owned by the
developer. Density calculations shall not include land areas already platted and/or
sold. (7/02)
102-5: If the use is located within a COD and performance controls are required under
Section 59.4, an application plan for a building or zoning permit shall include
information as to the types, boundaries, areas, and required setbacks for all
conservation resource areas. Information concerning these areas is available at the
County Planning Department. The applicant shall obtain a letter of verification from
the Planning Department that the conservation resource areas are accurately mapped
on the application plan.
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3 102-6: If a building permit or zoning permit is applied for a use within a COD and if
E required by Section 59.4-5, a drainage plan and calculations meeting the design
standards shall be submitted to the County Engineer for approval. The County
Engineer shall analyze the plan in accordance with the applicable regulations and
provide a written response approving or disapproving the plan within-difee werking
days ef its meeipt of . Disapproved plans shall be forwarded to the applicant.
Approved plans shall be forwarded to the Building Inspector to be processed under
the requirements of Section 102.
Section 103: Expiration of Building Permit
103-1: If the work described in any building permit has not begun within six (6) months
from the date of issuance thereof, said permit shall expire; it shall be cancelled by the
Building Inspector and written notice thereof shall be given to persons affected. t
A-397 Page 3 of 7
103-2: If after commencement, the work is discontinued for a period of twelve (12) months,
the permit therefore shall immediately expire and be cancelled by the Building
Inspector and written notice thereof shall be given to the persons affected, together
with notice that further work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained.
Section 104: Building Permit or Zoning Permit for New or Altered Uses
104-1: It shall be unlawful to use or occupy or permit the use or occupancy of any building
or premises, or part thereof hereafter created, erected, changed, converted or wholly
or partly altered or enlarged in its use or structure until a building permit or zoning
permit shall have been issue approved therefore by the Building laspester zoning
official stating that the proposed use of the building or land conforms to the
requirements of this Ordinance.
104-2: No permit for erection, alteration, moving or repair of any building shall be issued
until an application has been made for a building permit or zoningpermit. The permit
shall be issued in conformity with the provisions of this Ordinance upon completion
of the work.
104-3: A temporary building permit may be issued approved by the Building Inspector for a
period not exceeding six (6) months during alterations or partial occupancy of a
building pending its completion. A temporary burin zoning permit may be issued
approved by the Building laspeete r zoning official for a period not exceeding one(1)
month for bazaars, carnivals, religious revivals, sideshows, concerts, or sporting
events. Such temporary permit may require such conditions and safeguards as will
protect the safety of the occupants and the public, as well as the concurrence of the
airport authority for these uses in the A-I district. (3/12/01)
104-4: The Building Inspector and Zoning Administrator shall maintain a record of all
building and zoning permits and a monthly summary of all permits issued shall be
made available to the public.
104-5: Failure to obtain a building permit or zoningpermit, as applicable, shall be a violation
of this Ordinance and punishable under Article XIII, Section 132 of this Ordinance.
Section 105: Construction and Use to be Stated on Building Permits
105-1: Building Permits issued on the basis of plans and applications approved by the
Building Inspector and zoning official authorize only the use, arrangements, and
construction set forth in such approved plans and applications. Use, arrangements, or
construction at variance with that authorized shall be deemed a violation of this
Ordinance and punishable as provided in Article XIII, Section 132.
A-397 Page 4 of 7
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Section 106: Right of Appeal
106-1: If the building permit is denied, the applicant may appeal the action of theBuildifg
lespeeter zoning official to the Board of Adjustment.
Section 107: Certificate of Occupancy
107-1: No new building or part thereof shall be occupied, and no addition or enlargement of
any existing building shall be occupied, and no existing building after being altered or
moved shall be occupied, and no change of occupancy shall be made in any existing
building or part thereof, until the Building Inspector has issued a Certificate of
Occupancy therefore. A temporary Certificate of Occupancy may be issued for a
portion or portions of a building which may safely be occupied prior to final
completion and occupancy of the entire building.
107-2: Application for a Certificate of Occupancy may be made by the owner or his agent
after all final inspections have been made for new buildings, or, in the case of existing
buildings, after supplying the information and data necessary to determine
compliance with this Ordinance and appropriate regulatory codes of the County for
the occupancy intended. The Building Inspector shall issue a Certificate of
j Occupancy when, after examination and inspection, it is found that the building in all
respects conforms to the provisions of the Ordinance and appropriate regulatory
codes of the County for the occupancy intended.
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107-3: A Certificate of Occupancy shall not be issued for any dwelling unit in a Performance
# Residential, High Density Development, or Planned Development until such time as a
homeowners association meeting the requirements of Section 69-3 of this Ordinance
has been established, and the necessary documents recorded at the Register of Deeds.
(8/20/84)
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107-4: Certificates of Occupancy for Performance Residential Developments, High Density
development and Planned Development shall not be issued until one of the following
conditions has been complied with:
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(1) Completion of all improvements required by this Ordinance.
(2) A bond or certified check has been posted.
` (3)An irrevocable letter of credit has been posted. (3/22/82)
Section 108: Duties of Building-lnspeete Zoning Administrator, Board of Adjustment, Courts
and County Commissioners as to Matters of Zoning Appeal
108-1: It is the intention of this Ordinance that all questions arising in connection with the
enforcement of this Ordinance shall be presented first to the Irispeefiefis-Director of
Planning &Inspections or when so delegated to the Zoning Enforcement Official and
that such questions shall be presented to the Board of Zoning Adjustment only on
A-397 Page 5 of 7
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appeal from the Inspections Director of Planning & Inspections or Zoning
Enforcement Official; and that from the decision of the Board of Adjustment recourse
shall be to the courts as provided by law. (11/2/87)
108-2: It is further the intention of this Ordinance that the duties of the County
Commissioners in connection with the Ordinance shall not include the hearing and
passing of disputed questions that may arise in connection with the enforcement
thereof, but only considering and passing upon any proposed amendment or repeal of
the Ordinance.
Section 109: Vesting Rights and Development Agreements
109-1: Vesting Rights
Any site specific development plan approved by the County pursuant to this Ordinance shall
terminate as follows:
(a) at the end of the applicable vesting period with respect to building and uses for
which no valid building permit applications have been filed.
(b)with the written consent of the affected landowner;
(c) following recommendations by the Planning Board and upon findings by County
Commissioners, by ordinance after notice and a public hearing, that natural or man-
made hazards on or in the immediate vicinity of the property, if uncorrected would
pose a serious threat to the public health, safety, and welfare if the project were to
proceed as contemplated in the site specific development plan;
(d) upon payment to the affected landowner of compensation for all costs, expenses, and
other losses incurred by the landowner, including, but not limited to all fees paid in
consideration of financing, and all architectural, planning, marketing, legal, and other
consultant's fees incurred after approval by the County, together with interest thereon at the
legal rate until paid. Compensation shall not include any diminution in the value of the
property which is caused by such action;
(e) following recommendation of the Planning Board and upon findings by the County
Commissioners, by ordinance after notice and a hearing, that the landowner or his
representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the approval authority of the
site specific development plan;or
(f)upon the enactment or promulgation of a State or Federal law or regulation that precludes
development as contemplated in the site specific development plan, in which case the
approval authority may modify the affected provisions, upon a finding that the change in
State or Federal law has a fundamental effect on the plan, by ordinance after notice and a
hearing. (10/7/91)
A-397 Page 6 of 7
109-2: Development Agreements
In addition to the requirements of this Ordinance and as provided in NCGS 153A-
3-71-Part 3A, the County Commissioners after conducting a public hearing may
enter into private development agreements. These development agreements may
require a commitment of public and private resources for large scale projects.
Such projects must contain at least 25 acres or more exclusive of wetlands,
mandatory buffers, and other portions of the property precluded from
development. In entering into such agreements, the County may not exercise any
authority or make any commitment not authorized by general or local act and may
not impose any tax or fee not authorized by otherwise applicable law. (1/06)
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Adopted the 5"'day of December,2011.
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OATY
°•p� Ted Davis,Jr.,Chairman
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Sheila L. Schult,Clerk to the Board
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Exhib'
BookPager��.s.
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
A-399(11/11)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
be,and the same is hereby further amended to read as follows in the section(s)noted:
ARTICLE XII: BOARD OF ADJUSTMENT shall be amended to read as indicated below:
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Section 120: Creating the Zoning Board of Adjustment
120-1: The New Hanover County Board of Commissioners shall provide for the
j appointment of the New Hanover County Board of Adjustment (hereinafter called
the Board). Insofar as possible, members of the Board shall be appointed from
different areas within the County's zoning jurisdiction. In the event that less than
the entire County is zoned, at least one (1) resident of each area which is zoned
shall be appointed to the Board; however, the Board shall consist of a minimum
of five (5) members. Insofar as possible, initial appointment to the Board shall be
as follows: one-third (1/3) for a term of(3) years; one-third (1/3) for a term of two
(2) years; and one-third (1/3) for a term of one (1) year. Two (2) or more alternates
may be appointed for a term of three (3) years. (4/1/96) Vacancies shall be filled
for the unexpired term only. Members of the Board of Adjustment may be
removed for cause by the County Commissioners upon written charges and after
s public hearing.
120-2: Meetings - The Board shall elect one (1) of its members as Chairman and another
as Vice Chairman who shall serve one (1) year. The Building laspee4e r zoning
administrator shall serve as secretary to the Board of Adjustment. The Board shall
draw up and adopt the rules of procedure under which it will operate. Meetings of
the Board shall be held at the call of the Chairman and at such other times as the
Board may determine. The Chairman, or in his absence, the acting Chairman, may
administer oaths. All meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each member upon
every question, or his absence or failure to vote, indicating such fact, and also
keep records of its examination and any other official action. (3/7/83)
Section 121: Filing and Notice for an Appeal
121-1: Appeals from the enforcement and interpretation of this Ordinance and appeals
for variances may be taken to the Board of Adjustment by any person aggrieved
A-399 Page 1 of 5
or by any office, department,board or bureau of the County affected. Notice of an
appeal to the Board of Adjustment shall be filed with the Building Ifispeete r
zoning administrator. An appeal stays all proceedings in furtherance of action
appealed from, unless the Beilding Inspeete r zoning administrator files a
Certificate stating that by reasons of facts stated in the Certificate a stay would, in
his opinion, interfere with enforcement of the Ordinance because the violation is
transitory in nature, or would cause imminent peril to life and property. The
BuiIding eete zoning_administrator shall have one (1) copy of said certificate
delivered by registered mail or by personal service to the appellant and to each
member of the Board within ten (10) calendar days from the date the appeal is
filed with the Building inspeetef. zoning administrator. The Certificate shall also
be placed on file in the Office of the Building Inspeeter-zoning administrator for
public inspection and recorded in the minutes of the next meeting of the Board.
Where said Certificate is filed by the Building laspee4ef, zoning_administrator,
proceedings in furtherance of the original order shall not be stayed otherwise than
by restraining order which may be granted by a court of record within New
Hanover County. (3678)
121-2: Hearing of the Appeal - After receipt of notice of an appeal, the Board Chairman
shall schedule the time for a hearing, which shall be at a regular or special
meeting.
121-3: Notice - At least one (1) week prior to the date of the hearing, the Buildiffg
lespeeter zoning administrator shall furnish all adjoining property owners with
written notice of the hearing. Notice of Public Hearing shall be published once a
week for two (2) successive calendar weeks in the local newspaper. Public notice
may also be posted on the property concerned indicating the proposed change and
date of public hearing.
121-4: Fees for Appeal Variances -A fee to be established by the County Commissioners
shall be paid to the County of New Hanover, North Carolina to cover necessary
administrative costs and advertising expenses. (8/2/82)
Section 122: Powers and Duties
122-1: The Zoning Board of Adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged by the appellant that there is
error in any decision made by the Building Inspeete r zoning administrator or
other administrative officials in the carrying out or enforcement of any provision
of the Ordinance. A concurring vote of four-fifths (4/5) of the members of the
Board shall be necessary to reverse, wholly, or partly, any such decision. Vacant
seats and disqualified members are not considered in calculating 4/5 votes.
(2/6/06)
A-399 Page 2 of 5
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(2) To authorize upon appeal in specific cases such variances from the terms of
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this ordinance as will not be contrary to the public interest where, owing to 1
special conditions a literal enforcement of the provisions of this Ordinance would
result in unnecessary hardship. No change in permitted uses may be authorized
by variance. (2/6/06) In granting any variance, the Board may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. A
concurring vote of four-fifths (4/5) of the members of the Board shall be
necessary to grant a variance. A variance from the terms of this Ordinance shall
not be granted by the Board unless and until the following findings are made:
(3/7/83)
(A) There are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the Ordinance;
(B) That the variance is in harmony with the general purpose and intent of
the Ordinance and preserves its spirit;
(C) In granting the variance, the public safety and welfare have been
assured and substantial justice has been done.
To assist in following those guidelines, the Board of Adjustment shall use the
variance order procedures outlined in the following form:
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A-399 Page 3 of 5
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COUNTY OF NEW HANOVER,NORTH CAROLINA
ORDER GRANTING/DENYING A VARIANCE
The Board of Adjustment for the County of New Hanover, having held a public hearing on (date)
to consider application number, submitted by (name of applicant), a request for a variance to use
the property located at (address of property) in a manner not permissible under the literal terms
of the ordinance, and having heard all the evidence and arguments presented at the hearing,
makes the following FINDINGS OF FACT and draws the following CONCLUSIONS;
1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the
ordinance, specifically section(s), he (can/cannot) secure a
reasonable return from, or make reasonable use of, his property. This conclusion is based on the
following FINDINGS OF FACT:
2. It is the Board's CONCLUSION that the hardship of which the applicant complains
(results/does not result) from unique circumstances related to the applicant's land. This
conclusion is based on the following FINDINGS OF FACT:
3. It is the Board's CONCLUSION that the hardship is not the result of the applicant's own
actions. This conclusion is based on the following FINDINGS OF FACT:
4. It is the Board's CONCLUSION that, if granted, the variance (will/will not) be in harmony
with the general purpose and intent of the ordinance and (will/will not) preserve its spirit. This
conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following:
5. It is the Board's CONCLUSION that, if granted, the variance (will/will not) secure the public
safety and welfare and (will/will not) do substantial justice. This conclusion is based on all of the
FINDINGS OF FACT listed above, as well as the following:
THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a
VARIANCE be (GRANTED/DENIED), subject to the following conditions:
Ordered this_day of , 20_
Chairman Secretary to the Board
NOTE: If you are dissatisfied with the decision of this Board, an appeal may be taken to the
Superior Court of New Hanover County within 30 days after the date this order is served on you.
See Section 123-1 of the Zoning Ordinance. (1/4/93)
A-399 Page 4 of 5
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Section 123: Appeal from the Zoning Board of Adjustment
123-1: An appeal from the decision of the Zoning Board of Adjustment shall be subject to
review by the Superior court by proceedings in the nature of certiorari. Any petition for
review by the Superior Court shall be filed with the Clerk of Superior Court within 30
days after the decision of the Board is filed in the Office of the Clerk to the Board, or
after a written copy thereof is delivered to every aggrieved party who has filed a written
request for such copy with the Clerk or Chairman of the Board at the time of the hearing
of the case,whichever is later. (3/7/83)
Adopted the 5"'day of December,2011.
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3NTY•NO
ed Davis, Jr.,Ct&irman
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Attest:
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Sheila L. Schult,Clerk to the Board
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A-399 Page 5 of 5