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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 5 Airlie Gardens Foundation Board of Directors Davis Y 0 Cape Fear Community College Board of Trustees Davis s ; Cape Fear Community College Long-Range Davis ! Planning Committee I Cape Fear Museum Advisory Board Davis i 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 I 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 a 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 I Wilmington Regional Film Commission Davis Wilmington Urban Area Metropolitan Planning Berger g -Organization-TAC d Book /Pa a I-Q, Book D i 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). I 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 Y 0 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 e i 3 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 0 y I Sheila L. Schult, Clerk to the Board ��ti a2 New Hanover County Board of Commissioners ' i f i i Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. resolute.doc s s a i 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 ��. (910)798-7145 Fax Book Page ell, s �—*o Schuh ABIISHV0 www.nhcgov.com C�rk 3o i i NEW HANOVER COUNTY BOARD OF COMMISSIONERS s 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: r 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. z w 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 i 3 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. (S 0 0 -ri, 0 Ted Davis,Jr.,Chai is" 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 r 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 t Strategic Objective(s): Provide health/wellness education,programs,and services t 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 { ` 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 � 3 s Adopted,this 19th day of December,2011. i O04TY. G ► O �Q SE f � O A O Ted Davis, BL HEO� Sheila L. Schult,Clerk to A a Board t R 1 P f p� s P, i $$$ 4 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. O 2 Ted Davis,Jr.,Cha' an rp t 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 3 i t Total $0 $0 � E Revenue: Decrease Increase Social Services/Administration: 4 DSS 1571 Admin-Federal/State $26,349 9 g Governing Body/County Commissioners: Appropriated Fund Balance $26,349 r Total $26,349 $26,349 f 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. i uN ed,this G 19th day of December,2011. 0 •~ F E O ,w4 (SE#�) O n 3 Ted Davis,Jr.,Cha' an S e' cult,Clerk to the Board f s 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. C; O Ted Davis,Jr.,Chalpfian 3yZ a2 'F E c ult,CTirk to the Board a 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. f 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 t , 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 f Total $0 $300 z 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. s 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. G0, ND (S ) o i o i 7 � Ted Davis,Jr.,Cha' an p a ,� a2 i i { Sheila L. Schult,Clerk to the Board a r. r t „�f:►„/A�.�,/A�:,�,.�\\�, ,%� 1.%�:,.r�,.�\��;r►%%�r1./A�,,li.,�\\�;.1���-.1/%�:,,�i,�\\\�;r�///A�r!ta.��� ��;� = 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 r� 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 ' t, To Davis, Jr., airman ,- Board of Commissioners Attest: i IN !� Sheila L. Schult INV Clerk to the Board ;''` R. s NV40 11r, 10 1 1 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 AN J I AMR." IN '44 41- 4011 a 5 i 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 pi k 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. a GO } NO? O n Ted Davis,Jr.,Cha' n A O ATTEST: C 1 4 -'� Sheila L. Schult,Clerk to the Board t s 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 C a� ATTEST: •FST�8LI �� •\ r Sheila L. Schult, Clerk to the Board