2011-12-19 RM Exhibits Exhibit
Book 1 . c��Page ;?,Q. 1.
I NEW HANOVER COUNTY
i COMMISSIONER/DESIGNEE APPOINTMENTS FOR BOARDS AND COMMITTEES FOR 2012
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Airlie Gardens Foundation Board of Directors Davis
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0 Cape Fear Community College Board of Trustees Davis
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Cape Fear Community College Long-Range Davis !
Planning Committee
I Cape Fear Museum Advisory Board Davis
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Cape Fear Public Transportation Authority/WAVE Barfield
Transit AVE's representative on the MPO/TAC
Cape Fear Public Utility Authority Thompson
€ -(expiring term 6/30/12 I
Cape Fear Public Utility Authority Catlin
(expiring term 6/30/12
Chamber of Commerce Barfield
Chamber's Cape Fear Futures Designee—Chris Coudriet
Council of Governments Executive Committee Barfield
DSS Board (expiring term 6/30/13) Barfield
DSS Methamphetamine Task Force Barfield
Health Board Catlin
Legion Sports Complex Commission Thompson
Legion Sports Complex Commission Berger
Local Emergency Planning Committee Designee—Warren Lee
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I Lower Cape Fear River Program Advisory Board Catlin
1 Lower Cape Fear Water&Sewer Authority Catlin
-(expiring term 6/30/12
New Hanover County Financing Corporation Davis
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New Hanover Regional Medical Center Board of Barfield !
Trustees
Parks& Recreation Advisory Board Designee—Andre' Mallette
Port,Waterway& Beach Commission Catlin
Smart Start of New Hanover County Designee—Andre' Mallette
Southeastern Center(Mental Health) Catlin
Southeastern Economic Development Commission Barfield
Ten Year Plan to End Homelessness Thompson
Tourism Development Authority Barfield
Wilmington Downtown, Inc. Designees-
Exe. Committee-Chris j
O'Keefe
Regular Board -Shawn
' Ralston
Wilmington Industrial Development Thompson
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Wilmington Regional Film Commission Davis
Wilmington Urban Area Metropolitan Planning Berger
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s)Description:Soundside Drive, Fisher and Niffer Lanes located within the
Soundside Subdivision (Sections 1 and 2) in New Hanover County
(Division File No. 1174-N).
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WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
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WHEREAS, the Board of County Commissioners is of the opinion that the above
{ described roads) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above '
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
CERTIFICATE
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The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 19t' day of December , 2011.
WITNESS my hand and official seal this the 19d'day of December, 2011.
GOV NTY•NO'P
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Sheila L. Schult, Clerk to the Board
��ti a2 New Hanover County Board of Commissioners '
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Form SR-2
Please Note: Forward directly to the District Engineer,Division of Highways.
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NEW HANOVER COUNTY TeC ea ;�8�r irm
��� BOARD OF COMMISSIONERS i R
kz �, Thompson 1
Commissioner
_ 0 230 Government Center Drive, Suite 175 Orion M.Borpr
' y Wilmington, NC 28403 ttiro'c c nin
1 a (910)798-7149 Exhibit
Commissioner
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ABIISHV0 www.nhcgov.com C�rk 3o
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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RESOLUTION !
DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES
WHEREAS, in connection with the purchase of a Caterpillar 826G Compactor for the Landfill
the Board of Commissioners for New Hanover County (the "Board of Commissioners"), and on
behalf of the County, DO HEREBY DECLARE as follows:
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1. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury 1
x Regulations to expressly declare the official intent of the County to reimburse itself from the
proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the
County.
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2. The County desires to expend its own funds for the purpose of paying certain costs of I
acquiring a Caterpillar 826G Compactor to be used at the landfill by the County, for which i
expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be 1
incurred by the County.
3. $739,754 is the principal amount of debt expected to be incurred for the purpose of
paying the costs for the purchase of a Caterpillar 826G Compactor.
4. This resolution shall take effect immediately upon its passage.
ADOPTED this the 19th day of December, 2011.
NEW HANOVER COUNTY
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O��y E
° 71 Ted Davis, Jr., b&rman
ATTEST:
BLi51iF.1�'
Sheila L. Schult, Clerk to the Board
New Hanover County is committed to progressive public policy,superior service, courteous contact,judicious g
exercise of authority,and sound fiscal management to most the needs and concerns of our citizens today and tomorrow.
Mission Statement adopted June 20, 2011
Exhibit
Book Page IQ.;t. -3
AGENDA: December 19,2011
NEW HANOVER COUNTY BOARD OF COMINUSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 113
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-113 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): Deliver value for taxpayer money
Increase efficiency/quality of key business processes
Fund:Environmental Management
Department:Environmental Management/Landfill
Exnenditure: Decrease Increase
Environmental Management/Landfill:
Capital Outlay-Equipment $739,754
Total $0 $739,754
Revenue: Decrease Increase
Environmental Management/Landfill:
Installment Loan Proceeds $739,754
Total $0 $739,754
Section 2: Explanation
This budget amendment is necessary to record the installment loan proceeds and associated expenditure to
purchase the Caterpillar 826G Compactor for Landfill operations.The installment financing agreement
will be brought back at a later date for approval.In the FYI 1-12 budget,the Board approved the debt
service payment on the purchase of a compactor for the County's Landfill in the amount of$316,870.
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 12-113,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 19th day of December,2011.
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Ted Davis,Jr.,Chai
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Sh-@Ta-T7§chilt,Clerk io—th�`Board
Exhibit
Book 2S t✓Page PQ.4OL
AGENDA: December 19,2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
z BY BUDGET AMENDMENT 12- 109
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BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-109 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
b Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
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Strategic Objective(s): Provide health/wellness education,programs,and services
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Fund:General Fund
Department: Health/Women's Preventive Health
Ex enditure: Decrease Increase €
Health/Women's Preventive Health:
Contract Services $5,461 #
Total $0 $5,461
Revenue: Decrease Increase
Health/Women's Preventive Health:
Grant-State-NC Division of Public Health $5,461 P
Total $0 $5,461
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` Section 2: Explanation
To budget additional grant award of$5,461 from the North Carolina Division of Public Health,Cancer
' Prevention and Control Branch,to provide access to care for additional patients.These funds will pay for
health screening services for eligible female patients.No matching County funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
7
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover I
County,North Carolina,that the Ordinance for Budget Amendment 12-109,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted. i
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s Adopted,this 19th day of December,2011.
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AGENDA: December 19,2011 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book i Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 111
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-111 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
Fund: General Fund
Department:Juvenile Services/Youth Empowerment Services
Ex enditure: Decrease Increase
Juvenile Services/Juvenile Justice Delinquency
Prevention:
Grant-Teen Court and JCPC Administration $8,374
Youth Empowerment Services/JCPC-Vocational
Education:
Salaries and Wages $2,000
Youth Empowerment Services/Psychological
Services:
Salaries and Wages $5,000
Youth Empowerment Services/NHC-Vocational
Education:
Salaries and Wages $4,000
Supplies $23,960
Total $0 $43,334
Revenue: Decrease Increase
Juvenile Services/Juvenile Justice Delinquency
Prevention:
Grant-Federal-Juvenile Crime Prevention
Council(JCPC) $8,374
Youth Empowerment Services/JCPC-Vocational
Education:
Grant-Federal-Juvenile Crime Prevention
Council(JCPC) $34,960
Total $0 $43,334
Section 2: Explanation
To adjust Juvenile Services and Youth Empowerment Services'budgets to reflect the final,approved grant
allocation from the Juvenile Crime Prevention Council.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
uN THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
L� o Carolina,that the Ordinance for Budget Amendment 12-111,amending the annual budget
O� o ance the fiscal year ending June 30,2012,is adopted.
ted is 19th day of December,2011.
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Ted Davis,Jr.,Cha' an
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Sheila L. Schult,Clerk to the Board
Exhibit
Book Cpl✓page,
AGENDA: December 19,2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS I
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET 1
BY BUDGET AMENDMENT 12- 112
I
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-112 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
z Department: Social Services/Administration and Governing Body/County Commissioners
s Ex enditure: Decrease Increase
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t Total $0 $0 �
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Revenue: Decrease Increase
Social Services/Administration:
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DSS 1571 Admin-Federal/State $26,349
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Governing Body/County Commissioners:
Appropriated Fund Balance $26,349
r Total $26,349 $26,349
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Section 2: Explanation i
a To adjust the FYI 1-12 Adopted Budget for actual allocations received.DSS received an increased
allocation of$26,349 for monthly Foster Care caseworker visits.The additional funds will be used to
offset existing administrative expenses associated with these programs,thereby reducing Net County
Costs.Prior to actions taken by the Board at this meeting,Appropriated Fund Balance was$6,011,416.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
3
p NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-112,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
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uN ed,this
G 19th day of December,2011.
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Ted Davis,Jr.,Cha' an
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Exhibit
Book t✓page ` CL
AGENDA: December 19,2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 114
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-114 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/Federal Forfeited Property Fund
Department: Sheriffs Office/Uniform Patrol/Federal Forfeited Property
Ex enditure: Decrease Increase
Sheriff s Office/Uniform Patrol:
Capital Outlay-Motor Vehicle $5,791
Federal Forfeited Property Fund/Federal
Forfeited Property:
Capital Outlay-Motor Vehicle $1,930
Supplies $1,930
Total $1,930 $7,721
Revenue: Decrease Increase
Sheriffs Office/Uniform Patrol:
Grant-Federal-Port Security Grant Program $5,791
Total $0 $5,791
Section 2: Explanation
To budget an additional grant allocation from the Port Security Grant Program towards the costs of the
police package for the 2012,4x4 Crew Cab Truck purchased with the original grant funds that were
approved by the County Commissioners at their June 6,2011 meeting.The Sheriff will use funds in the
Federal Forfeited Property Fund for the County's 25%match of$1930.
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 12-114, amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 19th day of December,2011.
LINTY.
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E c ult,CTirk to the Board
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Exhibit "'
Book x�cxr v Pagee
AGENDA: December 19,2011
NEW HANOVER COUNTY BOARD OF COMMSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 115 3
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-115 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
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Section 1: Details of Budget Amendment
t Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Fund: General Fund
Department:Health/Safe Kids 9
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, Ex enditure: Decrease Increase
r Health/Safe Kids:
Supplies $300
i Total
$0 $300
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local-Safe Kids USA $300
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Total $0 $300
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Section 2: Explanation
To budget grant award of$300 from Safe Kids USA for Worldwide Fire Prevention Week.These funds
will be used for fire safety educational materials and incentives for children.No County matching funds
are required.
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Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
s NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-115,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 19th day of December,2011.
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��;� = NEW HANOVER COUNTY BOARD OF COMMISSIONE�g ��
Exhibit
PROCLAMATION Book xxr✓Page oZ
RECOGNIZING THE WILMINGTON SYMPHONY ORCHESTRA'S , ;,
h FORTIETH ANNIVERSARY !s'�
4 WHEREAS, the Wilmington Symphony Orchestra's forty-year tradition of service '
4 enhances the quality of life in the Cape Fear Region; and
WHEREAS, the Wilmington Symphony Orchestra is local art showcasing the '%'
considerable talents of our region's own musicians; and i
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WHEREAS, the Wilmington Symphony Orchestra continues to enrich, entertain, and �`�
J%s educate audiences, and represent Wilmington and New Hanover County as a leader in
4 performance and music education; and �f,'ii
"� WHEREAS, the Wilmington Symphony Orchestra and its educational programs create ��g,�; '�
connection between youth and families, schools and businesses, churches and ;°!
communities; and
�1\01 WHEREAS, the Wilmington Symphony Orchestra has grown into a multi-faceted asset
tfor Southeastern North Carolina providing additional value in economic development,
�!;r identity and image, pride and prestige.
NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover Count y Board of
Commissioners recognizes and honors the Wilmington Symphony Orchestra for its
t, y outstanding and dedicated service, for its role as an esteemed civic partner and
community resource, and for its contribution to the vitality of New Hanover County, the
(, Cape Fear Region, and City of Wilmington. A,
' ADOPTED, this the 19th day of December, 2011.
NEW HANOVER COUNTY '
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To Davis, Jr., airman
,- Board of Commissioners
Attest:
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!� Sheila L. Schult
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Clerk to the Board ;''`
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MMAWAIM T' AAM011,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit
RESOLUTION Book A)CIV Page-'
RECOGNIZING WILMINGTON CENTRAL ROTARY'S
CONTRIBUTION TO NEW HANOVER COUNTY
WHEREAS, on February 23, 1905, what has become Rotary International first began as
the world's first service club and known as the Rotary Club of Chicago; and
WHEREAS, today around the world over 1.2 million Rotarians belong to over 32,000
Rotary clubs in more than 200 countries and geographical areas; and
-A! WHEREAS, Rotary International is an organization of. business and professional
/;V,P-
leaders united worldwide who provide humanitarian service, encourage high ethical
standards in all vocations, and help build goodwill and peace in the world; and
WHEREAS, the Rotary International motto is "Service above Self' and the main
objective is service in the community, in the workplace, and throughout the world; and
WHEREAS, on November 18, 2011, Wilmington Central Rotary held the fundraiser
'Wilmington's Got Talent" with the proceeds in the amount of $6,000 designated for the
purchase of a K-9 Unit drug dog for the New Hanover County Sheriffs Department to
aid in the effort to combat crime.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners appreciates and recognizes the outstanding efforts of the Wilmington
Central Rotary Club to assist local law enforcement by raising funds to purchase a drug
dog for the New Hanover County Sheriff s Department K-9 unit.
ADOPTED, this the 1 9th day of December, 2011.
NEW HANOVER COUNTY
7a
Ted Davis, Jr.
Chairman
VA
Attest:
VA, Sheila L. Schult
Clerk to the Board
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NEW HANOVER COUNTY TeC airman r
O Jonathan Barfield,Jr.
o`er BOARD OF COMMISSIONERS Jason R.Thompson
z � 230 Government Center Drive, Suite 175 erger
Brian M.B
3, 2 Wilmington, NC 28403 om
Richard is'c d n
Z a (910)79&7149 Commissioner 1
i (910)798-7145 Fax Exhibit
•f,. ��' Book Page ' Sheila L.Schult
TgB115H\O\ WWW.nhCgOV.COm 9 -----CWk to Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS p
s RESOLUTION PROVIDING FOR ELECTRONIC LISTING AND EXTENDING THE TIME FOR FILING
6
ELECTRONIC LISTINGS OF PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES
e
WHEREAS,North Carolina General Statute §105-310.1 authorizes Counties to permit electronic listing of personal
property;and
{ WHEREAS,North Carolina General Statute §105-307 permits the Board of County Commissioners to extend the
deadline for filing electronic listings of personal property under G.S. §105-304 to June 1; and
WHEREAS,North Carolina General Statute 105-311(b)authorizes electronic signature of personal property listings
which are submitted electronically.
s
NOW,THEREFORE,BE IT RESOLVED,as follows:
Section 1. The New Hanover County Board of Commissioners hereby authorizes personal property listings to be
submitted and signed electronically.
Section 2.The following procedures will apply to electronic tax filings.Electronic listings must be submitted online.
Facsimiles will not be accepted as electronic listings. In order to file electronically, the taxpayer must use an
electronic listing application approved by the County. To request an extension to electronically file personal
property listings after January 31,the taxpayer must file an online request for extension of time during the month of
January and must provide an Account ID provided by the County and associated with the location for which the
extension is requested. Once an extension of time has been granted by the Assessor the electronic filing must be
received by the New Hanover County Assessor no later than April 15 in order to avoid late list penalties.
Section 3.This resolution shall be recorded in the minutes of the New Hanover County Board of Commissioners and
notice of the procedure and extension of time for electronic filing of personal property listings shall be published as
required by G.S. §105-296(c). f
9
Section 4. This resolution is effective for all tax years after its adoption and at such time as the Assessor has the
ability to implement a system for electronic listing.
ADOPTED this the 19`b day of December,2011.
i
'3 NEW HANOVER COUNTY
' vNTY.
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GO } NO?
O n Ted Davis,Jr.,Cha' n
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O ATTEST:
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-'� Sheila L. Schult,Clerk to the Board
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New Hanover County is committed to progressive public policy, superior service, courteous contact,judicious
' exercise of authority,and sound fiscal management to most the needs and concerns of our citizens today and tomorrow.
Mission Statement adopted June 20, 2011 €
Ted Davis,Jr.
NEW HANOVER COUNTY Chairman
LC Ab,
Jonathan Barftld,Jr.
lk
Vice-Chaimnan
BOARD OF COMMISSIONERS
0 Jason R.Thompson
'P Commissioner
<
0 230 Government Center Drive, Suite 175 Brian M.Berger
Wilmington, NC 2803 Cornmissbner
Richard G.Catlin
(910)798-7149 Commissfoner
(910)798-7145 Fax Exhibit
Shelia L.Schult f
www.nhcgov.com Book 2OX-11)Page ClerktoBoard
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, the New Hanover County Board of Commissioners is responsible for making
zoning decisions that serve the needs of its citizens. The Board must evaluate the impact that
proposed projects will have on all County residents, especially those who live in communities
adjacent to the proposed projects; and
WHEREAS, on October 11, 2011, a petition for voluntary annexation was submitted to the City
of Wilmington for two parcels of property that had recently been proposed for rezoning in the
unincorporated county to accommodate the Amberleigh Shores high-density development
proposal. The petition would have the parcels rezoned to MF-M (Multi Family) allowing up to
17 units per acre on the 26-acre property. The development would become a satellite property of
the City of Wilmington; and
WHEREAS, the proposal to build apartments on these properties located approximately two
miles from the City's northern boundary, nestled against the Marsh Oaks community, was
considered and denied by the Board of County Commissioners in March 2011. The Board based
its decision on sound evidence that the proposal would add a large volume of traffic to a roadway
that already experiences high traffic congestion; and
WHEREAS, after extensive debate at two separate public hearings, the Board found that the
project under consideration was neither reasonable nor in the public's interest because the design
capacity of Market Street at and near the property location is already overburdened; and
WHEREAS, although the Board gave the developer many opportunities to adjust the project to
improve the traffic situation on Market Street, the final Board determination was that too many
cars would be added to the roadway; and
WHEREAS, the developer is intent on building apartments in this chosen location and appealed
the Board's decision to Superior Court. The court disagreed with the Board's position and
determined that the Board acted in error. The Board appealed the Superior Court's decision to
the N.C. Court of Appeals on October 7, 2011. The appeal reaffirms the Board's conviction that
its original decision was correct and maintains that a high density, multifamily project is neither
reasonable nor in the public interest in this location based on traffic issues along this particular
section of Market Street; and
New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious
exercise of authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow
Mission Statement adopted June 20, 2011
WHEREAS, the developer chose to file for voluntary annexation in the City of Wilmington
after the County's appeal was filed. This move by the developer puts the Board in a precarious
situation. The Board must protect the citizens of the County from unreasonable impacts, and it
must also defend its authority to determine growth and development policy for the people who
elected the Board to protect the public's health and safety; and
WHEREAS, satellite annexation authority is intended to allow areas near cities but not served
by public services to acquire said services; and
WHEREAS, the proposed annexation area already has available to it a full array of public
services to include water and sewer, fire protection, and law enforcement; and
WHEREAS, the Board voted unanimously to oppose the annexation because it viewed the
request by the developer and property owner as an attempt to circumvent legitimate, local
government authority; and
WHEREAS, the Board must impress upon City Council that, although its desire to annex
property may be understandable for a city to grow and raise its tax base to support infrastructure,
it should allow the appeal process to continue. The Board and City Council have a mutual
interest in a court decision that may impact the ability of elected officials throughout the State of
North Carolina to determine land use policy; and
WHEREAS, the Superior Court's decision to overturn the New Hanover County
Commissioners' determination usurps the Board's authority to exercise its legislative power to
make local land use decisions. The people of New Hanover County elected the Board to decide
what is built in the unincorporated areas of the County; and
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby requests that the City Council, in the spirit of cooperation, delay its
decision on annexation of the property and both the Board and City Council schedule a joint
meeting to discuss the issue.
ADOPTED this the 19fl' day of December 2011.
NEW HANOVER COUNTY
GO�p1TY•NO ,
o e Davis, Jr. Cha' an
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ATTEST:
•FST�8LI �� •\
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Sheila L. Schult, Clerk to the Board