2012-04-02 RM Exhibits x
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Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ROAD RESOLUTION TO ABANDON A PORTION OF DIVISION DRIVE (SR 2813)
(East Side of Castle Hayne Road)
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WHEREAS, a petition has been filed pursuant to NCGS 136-63, requesting the New Hanover
County Board of Commissioners adopt a resolution requesting the North Carolina Department of
Transportation to abandon from State maintenance a portion of Division Drive (SR 2813), a
NCDOT State Maintained Road located near the 1500 block of Castle Hayne Road (SR 2812),
East side. Said portion of road is approximately 712 feet in length and contains a 50-foot
right-of-way as depicted on the attached exhibit; and
9
WHEREAS, it is the opinion of the New Hanover County Board of Commissioners that the 712
foot segment of Division Drive, if abandoned from State maintenance would not be contrary to the
public interest provided the owner(s) of real property fronting along the segment shall privately
maintain the right-of-way for emergency access.
NOW,THEREFORE,BE IT RESOLVED,that the New Hanover County Board of
Commissioners requests that the Board of Transportation consider abandoning State maintenance
of a portion of Division Drive (SR 2813) in favor of private maintenance of that segment, as
petitioned before the Board.
ADOPTED this the 2 day of April, 2012.
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NEW HANOVER COUNTY
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�; E o Ted Davis, Jr., Chai an
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Sheila L. Schult, Clerk to the Board
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AGENDA: April 2,2012 Book Paue
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 175
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BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-175 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
s Fund:General Fund
Department:DSS/Energy Neighbor/Administration
E nditure: Decrease Increase
DSS/Energy Neighbor:
Assistance Payments $7,839
Total $0 $7,839
Revenue: Decrease Increase
DSS/Administration:
DSS Admin 1571-FederallState $7,839
Total $0 $7,839
Section 2: Explanation
$ DSS received an additional allocation of$7,839 in Energy Neighbor funds. The Energy Neighbor
program helps low-income individuals and families cover home energy bills. The funds will be used to
provide assistance payments to individuals and families in need. No County matching funds are 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 12-175,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 2nd day of April,2012.
OvNTY.
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Shei a L. chu t,Clerk to a Board
F Exhib!9.Y--VPage
AGENDA: April 2,2012 Book `z 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 182
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-182 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/Administration and LIEAP Assistance
E nditure: Decrease Increase
Social Services/LIEAP Assistance:
LIEAP Assistance Payments $19,000
Total $0 $19,000
Revenue: Decrease Increase
Social Services/Administration:
DSS 1571 Admin-Federal/State $19,000
Total $0 $19,000
Section 2: Explanation
To adjust the FYI 1-12 Adopted Budget for actual allocations received.DSS received an additional
$19,000 allocation from the Low Income Energy Assistance Program(LIEAP)for assistance payments
for qualifying families.No County funds are required. No new positions are being 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 12-182,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 2nd day of April,2012.
uNTY. /
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Exhibit
_.. .. Book Page e-
- AGENDA: April 2,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 186
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-186 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
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Strategic Focus Area: Productive Strategic Partnerships
Strategic Objective(s): Develop appropriate public/private partnerships
Fund:General Fund
Department: Emergency Management&911 Communications/Finance
E enditure: Decrease Increase
Emergency Management&911
Communications/800 MHz Communications:
Supplies $300
Total $0 $300
Revenue: Decrease Increase
Finance/Miscellaneous Revenue:
Donation to Amateur Radio Emergency
Services $300
x Total $0 $300
Section 2: Explanation
To budget a donation of$300 received for the benefit of Amateur Radio Emergency Services,a volunteer
§ organization operating under Emergency Management.
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 12-186,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 2nd day of April,2012.
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Ted Davis,Jr.,Chairman
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Ma—L.Schulz,Clerk to the Board
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Exhibit
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°-•-�°"°" ` ""'"""� "� AGENDA: April 2,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 189
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-189 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:Drug Court
E enditure: Decrease Increase
Drug Court:
Supplies $600
Total $0 AL $600
Revenue: Decrease Increase
Drug Court:
Contributions $600
Total $0 $600
Section 2: Explanation
To budget a contribution to the Drug Court to provide additional operating supplies.
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 12-189,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 2nd day of April,2012.
o%3NTY.
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p Ted Davis,Jr.,Chairm
Sheila L.Schult,Clerk to the Board
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Exhibit ��
Book AX V Page
AGENDA: April 2,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 41
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BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2012-41 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
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Strategic Objective(s): Increase public safety/crime prevention
Fund:Federal Forfeited Property
Department:Sheriff's Office
E enditure: Decrease Increase
Federal Forfeited Property(DOJ):
Supplies $141,737
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Total $0 $141,737
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Revenue: Decrease Increase
Federal Forfeited Pro (DOJ):
Federal Forfeited Property(DOJ) $141,737
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Total 1 $0 IL $141,737
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)receipts of 3/8/12 and 3/19/12.Federal Forfeited Property
' funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
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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 2012-41,amending the annual budget
ordinance for the fiscal year ending June 30, 2012,is adopted.
Adopted,this 2nd day of April,2012.
O uNTY.�
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Ted Davis,Jr.,Chairma
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Sheila L. Schult,Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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SEXUAL ASSAULT ACTIVISM MONTH PROCLAMATION
APRIL 2012 Exhibit
Book X2W Page S. 3
WHEREAS, Sexual Assault Activism Month is intended to draw attention to the fact that
sexual violence is widespread and has public health implications for every citizen of New
Hanover County; and
WHEREAS, Rape Crisis Center staff and DEDICATED volunteers served more than 400
new sexual violence victims and their loved ones in the past year providing free and
confidential support, advocacy and counseling 24 hours a day, 7 days a week and 365 days a
year; and
WHEREAS,we must work together to and take action by supporting survivors and speaking
out when witnessing acts of violence however small; and supporting services for victims; and
WHEREAS, with leadership, dedication, and encouragement, there is compelling evidence
that we can be successful in reducing sexual violence in New Hanover County through
activism, prevention education, increased awareness, and holding perpetrators who commit
3
acts of violence responsible for their actions.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 2012 be recognized as "Sexual Assault Activism Month" in New
Hanover County.
BE IT FURTHER PROCLAIMED that the County Commissioners pledge themselves and
ask our citizens, both professional and volunteer, to become activists and assist Rape Crisis
Center's UNTIRING efforts to eliminate sexual violence from our families, our
neighborhoods,and our community.
ADOPTED this the 2"d day of April,2012.
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NEW HANOVER COUNTY
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Ted Davis Jr. Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CHILD ABUSE PREVENTION MONTH PROCLAMATION
f € APRIL 2012 Exhibit
Book xxY✓_Page_,.
WHEREAS, children are vital to our state's future success, prosperity and quality of life as
well as being our most vulnerable assets; and
WHEREAS, all children deserve to have the safe, stable, nurturing homes and communities t
#' they need to foster their healthy growth and development;and
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� WHEREAS, child abuse and neglect is a community responsibility affecting both the current
and future quality of life of a community; and
6 WHEREAS, communities that provide parents with the social support, knowledge of = K
( E parenting and child development, and concrete resources they need to cope with stress and
E nurture their children will ensure all children grow to their full potential; and
WHEREAS, effective child abuse prevention strategies succeed because of partnerships
created among citizens, human service agencies, schools, faith communities, health care `fr
E providers,civic organizations, law enforcement agencies, and the business community. " `
E NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
11 1 Commissioners that April 2012 be recognized as Child Abuse Prevention Month in New
E Hanover County and call upon all citizens, community agencies, faith groups, medical
if'•. r
facilities, elected leaders and businesses to increase their participation in our efforts to
support families,thereby preventing child abuse and strengthening the communities in which 'f
L we live. > ,
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ADOPTED this the 2"d day of April,2012.
NEW HANOVER COUNTY
Ted Davis,Jr., ChaWhan
'�' ' � TEST: = Wr'j•y. `,
Sheila L. Schult, Clerk to the Board _ '«
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Exhibit
Book ✓Page
NEW HANOVJZR COUNTY BOARD OF COMMISSIONERS
FAIR HOUSING MONTH PROCLAMATION
APRIL 2012
WHEREAS, April 2012 marks the 44`h anniversary of the p ge of Title VIII of the Civil
Rights Act of 1968 as amended, referred to as the Fair Housing Act, and the 291h anniversary of
the State Fair Housing Act; and
WHEREAS, the Feder l Fair Housing Act and the State Fair Housing Act, prohibit
discriirhi tion. based on race, color, national origin, religion, gender, familial status and
Aqabiftin the sale, rental, and financing of housing and in other housing-related transactions;
and
WHEREAS, the North Crrolina Human Relations Commission through its coordinated efforts
with the United States 1�ep� t of Housing and Urban Development, county and local
governments, fair housing org`aerations and concerned citizens, continues to promote the
understanding of the State and Federal Fair Housing Acts, ensure compliance, strive to eliminate
housing discrimination and work to punish those who violate the State Fair Housing Law.
NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of
Commissioners that April 2012 be recognized as "Fair Housing Month" in New Hanover
County.
ADOPTED this the 2"a day of April, 2012.
NEW HANOVER COUNTY
Ted Davis, Jr., 'rman
ATTEST:
x
Sheila L. Schult, Clerk to the Board
Exhibit
Book Page _
NEW aANPVER COUNTY BOAR)OF-COMMISSIONERS
COUNTY GOVERNMENT MONTH PROCLAMATION
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"Aealthy Counde , `1ai WOO .
WHEREAS, the nation's 3,068 counties provide a variety' of essential public services to
communities serving more than 300 million Americans;and
WHEREAS,New Hanover County and all counties take seriously their responsibility to protect
and enhance the health, welfare and safety of its residents in sensible and cost-effective ways;
and
NHUREAS,county governments are essential to America's healthcare system and are unique in
i their.:r0i*lty'to both finance and deliver health services through public hospitals and
clinics; I"ltoWth departments, long-term care facilities, mental health services and substance
abuse treatment,ad coverage programs for the uninsured; and
WHEREAS, National Association of Counties President Lenny Eliason is encouraging counties
to promote healthy living and lifestyle choices in communities across the country through his
2011-12 "Healthy Counties"presidential initiative; and
WHEREAS, each year since 1991 the National Association of Counties has encouraged
counties across the country to actively promote their own programs and services to the public
they serve.
NOW, THEREFORE, BE IT PROCLAIMED by the Nov .Hanover County Board of
Commissioners that April 2012 be recognized as "County Government Month' in New Hanover
County and encourage all County officials, employees, schools and residents to participate in
county government celebration activities.
ADOPTED this the 2nd day of April, 2012.
NEW HANOVER COUNTY
ry
Ted Davis,Jr., C rman
I
i ATTEST:
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION
Exhibit
Book ✓ Page
WHEREAS, emergencies that require police, fire, or emergency medical services can occur at
anytime; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers,
firefighters, and paramedics is critical to the protection of life and preservation of property; and ,
WHEREAS, the safety of our emergency personnel is dependent upon the quality and
accuracy of information obtained from citizens who telephone the New Hanover County Public
Safety Communications Center; and
WHEREAS, public safety telecommunicators are the first and most critical contact our
citizens have with emergency services; and
WHEREAS, public safety telecommunicators are a vital link for our law enforcement officers ,
and firefighters by monitoring their activities by radio, providing them information, and
insuring their safety; and
WHEREAS, public safety telecommunicators have contributed substantially to the
apprehension of criminals, suppression of fires, and treatment of patients; and '
WHEREAS, each telecommunicator has exhibited compassion, understanding, and
professionalism during the performance of their job in the past year; and
WHEREAS,the first emergency 9-1-1 call in New Hanover County was made in May 1982.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board
of Commissioners that the week of April 8-14, 2012 be recognized as "Public Safety
Telecommunicators Week" in New Hanover County, in honor of the men and women whose '
diligence and professionalism keep our county and its citizens safe.
ADOPTED this 4`h day of April, 2012.
NEW HANOVER COUNTY '
Ted Davis, Jr. Chairman
I ATTEST:
Sheila L. Schult, Clerk to the Board
3
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,y NEW HANOVER COUNTY
GO T Chavmarnr
UN}Y.
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BOARD OF COMMISSIONERS Jonathan Barfield,Jr.
Vice-Chairman
2 n 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jason R.Thompson
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z 7n WILMINGTON, NC 28403
§ (91 O)798-7149 Brian M.Berger
y 2 (91 O)798-7145 FAX Commissioner
Z a wwW.NHCGOV.COM Exhibit Richard G.Catlin
Book Page Commissioner
•��TgBCISHEn����• .....
Sheila L.Schult
1 Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
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DISPOSAL OF SURPLUS PROPERTY
WHEREAS,New Hanover County owns certain personal property itemized on the attached Exhibit A, hereinafter referred
t to as"surplus property;"and
3
' WHEREAS, New Hanover County Board of Commissioners is desirous of declaring this personal property surplus and
selling it at public auction as authorized by North Carolina General Statutes(NCGS)Chapter 160A- Article 12;and
i
WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction using GovDeals at
www.govdeals.com according to the procedures prescribed in NCGS Chapter 160A-270(c)which authorizes the disposal of
personal property electronically using an existing private or public electronic auction service;and
5
WHEREAS, items not sold using GovDeals,may be disposed of using any other method authorized by the NCGS Chapter
h 160A-Article 12 including discarding.
# NOW,THEREFORE,BE IT RESOLVED by the Board of Commissioners of New Hanover County as follows:
k 1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus
property.
2. That the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-270 (c), is hereby
i authorized to dispose of the personal property listed on Exhibit A by electronic public auction using GovDeals at
swww.govdeals.com and any property not sold using GovDeals may be disposed of using any other method
authorized by the NCGS Chapter 160A- Article 12, and that said representative be further authorized and directed
to execute necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary
functions associated with this disposal.
3. All surplus property will be sold "as is," all sales will be final and the acceptable forms of payment are cash,
certified check, money order, and Visa or MasterCard. New Hanover County makes no express or implied
warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose
regardless of any oral statements that may be made concerning the surplus property or any part thereof.
4. A notice summarizing this resolution and the sale of the surplus property by electronic public auction shall be
advertised on the County's website and/or in the Wilmington Star News at least ten(10) days prior to the electronic
public auction.
ADOPTED this the 2na day of April,2012.
uNTY.� NEW R CO Y
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y Ted Davis,Jr.,Chairm
' C ATTEST:
Sheila '. Schult,dlieik 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 meet the needs and concerns of our citizens today and tomorrow.
$ Adopted 612012011
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Board of Commissioners Meeting
04/02/2012
13- 1-2
Exhib�
AGENDA: April 2,2012 Book . Page R
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 168
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North
Carolina,that the following Budget Amendment 12-168 be made to the annual budget ordinance for the
fiscal year ending June 30,2012.
s 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:Health/Women's Preventative Health
E nditure: Decrease Increase
Health/Women's Preventative Health:
Supplies $8,899
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4
Total $0 $8,899
i
Revenue: Decrease Increase
Health/Women's Preventative Health:
Grant-State-Family Planning $8,899
Total $0 $8,899
a Section 2: Explanation
The Health Department has received an additional$8,899 award of Family Planning funds which will be
used to provide medical services related to family planning including physician's consultation,
examination,prescription,continuing supervision,laboratory examination,and contraceptive supplies.
No County matching funds are 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 12-168,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 2nd day of April,2012.
�NTY.
(S
y �
3 2 Ted Davis,Jr.,Chairrr a
�Z a
I �
Sheila . Schult,Clerk to the oar
Exhlbft
Book Page S 0
AN ORDER OF THE COUNTY OF NEW HANOVER,NORTH CAROLINA
AMENDING THE LAND CLASSIFICATION MAP OF THE
WILMINGTON-NEW HANOVER COUNTY COMPRIEHENSIVE
LAND USE PLAN UPDATE (2006)
LUP-14,03/12
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Land Classification Map of the Wilmington-New Hanover County
Comprehensive land Use Plan Update adopted on March 13, 2006 is hereby amended as follows:
Change the land classification map from "Wetland Resource Protection" to "Transition" on the
following tracts:
Tract I
Lying and being in Harnett Township, New Hanover County,North Carolina, and
more particularly described as follows:
Beginning at an existing drive shaft at the most western comer of the James J.
Pierce and wife,Juanita Pierce lot shown adjacent to and northeast of Lot 10-A as
shown on a map entitled "Map of Survey of a Division of Lot 10 of Huntersville"
recorded in Map Book 32 at Page 223 of the New Hanover County Registry;
running thence from said beginning point with the northeastern line of Lot 10-A
and beyond with the northeastern line of Lot 10-B, North 51 degrees 24 minutes
56 seconds West 990.0 feet to an Iron pipe at the most northern comer of Lot 10-
B; running thence with the northwestern line of Lot 9 of Huntersville, North 42
degrees 35 minutes 04 seconds East 148.50 feet to the most northern comer of Lot
9; running thence South 51 degrees 24 minutes 56 seconds East 33.0 feet to a
point; running thence North42 degrees 35 minutes 04 seconds East 314.82 feet to
a point; running thence South 51 degrees 24 minutes 56 seconds East 148.50 feet
to a point; running thence North 42 degrees 35 minutes 04 seconds East 209.88
feet to a point; running thence South 51 degrees 24 minutes 56 seconds East
1138.50 feet to the former northwestern right of way line of the CSX Railroad;
running thence with said former railroad right of way, South 42 degrees 35
minutes 04 seconds West 558.20 feet to a P.K. nail; running thence North 51
degrees 24 minutes 56 seconds West 330.0 feet to an Iron pipe; running thence
with the northwestern line of the above mentioned James J. Pierce et ux. lot, South
42 degrees 3 5 minutes 04 seconds West 115.0 feet to the beginning point.
The above described parcel contains a net area of 16.5954 acres, more or less,
after the exclusion of that portion of said parcel that has previously been
conveyed to The North Carolina Department of Transportation.
LUP-14 Page I of 3
It is the intent of this conveyance to quitclaim all right, title and interest in the
above described parcel to assure the grantee that there are no gaps between the
individual parcels conveyed to the grantee by several grantees.
Together with all right, title and interest in any gaps that may lie between this
parcel and the lands of the adjoiners as might be discovered on a new and
complete survey.
The grantors acknowledge and by the acceptance of this deed, the grantees
acknowledge that an overlappage of approximately 0.9 acre exists from a tract of
267.13 acres shown on a map for Hynda B. Dalton, et al, recorded in Map Book
21 at Page 28.
The net area of this conveyance is 15.6954 acres, more or less after taking into
consideration the encumbrance caused by the overlappage that the parties are
aware of
Tract 2
Being all of Tract A consisting of 2.47 acres more or less as shown on a survey
prepared by The Clark Group dated November 17, 2006, and recorded in Map
Book 50 at Page 249 of the New Hanover County Registry, the same being all of
the grantor's interest in Lot 10 B as shown on a map of a Division of Lot 10 of
Huntersville as recorded in Map Book 32 at Page 223 of the New Hanover
County Registry, less and except that portion of Lot 10 B conveyed to the North
Carolina Department of Transportation by that deed recorded in Book 2728 at
Page 344 of the New Hanover County Registry.
Tract 3
Being all of Tract B, consisting of 0.18 acre more or less, as shown on a survey
prepared by The Clark Group dated November 17, 2006, and recorded in Map
Book 50 at Page 249 of the New Hanover County Registry, and being the same
lands conveyed to Juanita N. Pierce and James J. Pierce by deed recorded in Book
2844 at Page 410 of the New Hanover County Registry.
Tract 4
BEGINNING at a point on the northern right of way boundary of SR 1351
(Stephens Church Road) located 39.37 feet northerly of and perpendicular to
Survey Station 102+04.396, Survey Line — Y13-REVA (State Project R-2405A);
thence northwesterly all points being 39.37 feet northerly of and perpendicular to
Survey Line — Y13-REVA (State Project R-2405A) to a point located
northeasterly of and perpendicular to Survey State 101+30.831, Survey Line —
Y13-REVA (State Project R-2405A); thence northwesterly in a straight line
toward a point located 40.21 feet northeasterly of and perpendicular to Survey
LUP-14 Page 2 of 3
State 99+60.000. Survey Line—Y13-REVA (State Project R-2405A) to the point
of intersection with the Grantor's northwestern property line; thence northeasterly
along and with the Grantor's northwestern project line to the Grantor's northern
property corner; thence southeasterly along and with the Grantor's northeastern
property line to the Grantor's southeastern property corner located 39.37 feet
northerly of and perpendicular to Survey Line — Y13-REVA (State Project R-
2405A); thence westerly along and with the northern right of way boundary of SR
1351 (Stephens Church Road) all points being 39.37 feet northerly of and
perpendicular to Survey Line —Y13-REVA (State Project R-2405A) to the point
of beginning.
Section 2. Any order or any part of any order in conflict with this order, to the extent of such
conflict,is hereby repealed.
Section 3. This order is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the 2nd day of April, 2012.
CO
o �
Ted Davis, Jr. Chai an
o
��ti a2 Attest:
Mt1 tx
Sheila L. Schult, Clerk to the Board
LUP-14 Page 3 of 3
A
Exhibit
Book lr;±�x v Page
New Hanover County
Board of Commissioner Legislative Goals
Amend the Justice Reinvestment Act (G.S.15A-1334) to exempt active Adult Drug Treatment
Court participants. The General Assembly sought to address prison confinement costs by
limiting revocation of certain probationary sentences. An unintended consequence from the Act
is that repeat offenders inappropriately benefit from Drug Court. Such persons manipulate the
Drug Court option on an on-going basis with frequent relapses and a demonstrated lack of
commitment to treatment. The present legislation unfortunately does not permit such persons to
have their probationary sentences revoked so as to serve appropriate jail time, until they have
served two 90-day periods in the county jail.
i r
Amend Renewable Energy and Energy Efficiency Portfolio Standard (G.S. 62-133.8) to add to
the definition of "renewable energy resources" waste-to-energy facilities utilizing municipal
waste.
Amend Authority of Boards of Commissioners over commissions, boards, agencies, etc. (G.S.
153A-77), to delete subsection (f) that states the Act is applicable only to counties with a
population in excess of 425,000.
Amend Rates and charges; contract for water or sewer; deposits; delinquent charges, (G.S.
162A-9) add a subsection (d): Notwithstanding the above standards, requirements, limitations,
and procedures applicable to rates, fees, and other charges, an Authority may reduce or forgive
delinquent account balances and waive fees, costs, and charges imposed on delinquent accounts,
to address public health and safety and the needs of indigent/low income water and/or sewer
customers.
Amend Administrative Hearings (G.S. 150B Article 3) to modify Session Law 2011-398, to re-
establish that the decision of an administrative law judge in the context of any appeal from a
County Health Department or County Social Services Department or their respective Boards is
only an advisory recommendation and not binding on the County Department or Board.
Adopt a State Budget Ordinance restoring a 50/50 state/local match for funding of Drug
Treatment Court Programs pursuant to(G.S. 7A-794)Funding Administration.
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 8B
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1972 and subsequently amended
Zoning Book 1-C
:
CASE: Z-915, 11/11 Section r.�"Page-_7
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} THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area 8B is hereby amended by removing the
hereinafter described tracts from the R-15 Residential Classification for residential use and placing it
in a Conditional Highway Business Zoning District, said land being described as follows:
Located in Harnett Township,New Hanover County,North Carolina and beginning at a point
in the western right of way line of NC Highway No.132(200 foot public right of way).Said point has
NC Grid Coordinates(NAD 83)of:N=198,563.961',E=2,340,684.695'and is located North 21 degrees
07 minutes 32 seconds West-316.41feet from NC Grid Monument "BONNIE" which has NC Grid
Coordinates of:N=198268.8161',E=2,340,798.7337',CF=1.0000106. Running thence,from the said
point of beginning,South 71 degrees 39 minutes 14 seconds West-200.00 feet to a point;thence,
North 18 degrees 20 minutes 46 seconds West-6.00 feet to a point; thence, South 71 degrees 39
minutes 14 seconds West-220.00 feet to a point;thence,South 18 degrees 20 minutes 46 seconds
East-7.68 feet to a point in the eastern right of way line of Owls Lane(60 foot public right of way);
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thence,with a curve to the left having a radius of 55.00 feet and a chord bearing and chord distance
of South 39 degrees 50 minutes 52 seconds West-93.48 feet to a point;thence with a curve to the
right having a radius of 35.00 feet and a chord bearing and chord distance of South 50 degrees 08
minutes 53 seconds East-36.89 feet to a point in the western right of way line of Owls Lane;thence,
South 71 degrees 39 minutes 14 seconds West-150.00 feet to a point;thence,North 18 degrees 20
s
minutes 46 seconds West-191.10 feet to a point;thence,South 71 degrees 39 minutes 14 seconds
n West-200.00 feet to a point in the eastern right of way line of Red Hawk Road(60 foot public right of
way;thence,with the eastern right of way line of Red Hawk Road, North 18 degrees 20 minutes 46
i seconds West-348.54 feet to a point;thence,with a curve to the left having a radius of 55.00 feet
and a chord bearing and chord distance of South 39 degrees 50 minutes 52 seconds West-93.48 feet
to a point; thence with a curve to the right having a radius of 35.00 feet and a chord bearing and
chord distance of South 50 degrees 09 minutes 08 seconds East-36.89 feet to a point in the western
right of way line of Red Hawk Road;thence,North 60 degrees 11 minutes 15 seconds West-185.52
feet to a point;thence,North 70 degrees 17 minutes 14 seconds West-62.37 feet to a point;thence,
North 04 degrees 41 minutes 50 seconds East-96.10 feet to a point;thence, North 11 degrees 48
minutes 26 seconds East-170.40 feet to a point;thence, North 03 degrees 54 minutes 09 seconds
East-112.25 feet to a point;thence, North 07 degrees 20 minutes 24 seconds East-203.78 feet to a
point;thence, North 13 degrees 28 minutes 43 seconds East-195.18 feet to a point;thence,South 78
degrees 39 minutes 46 seconds East-501.97 feet to a point;thence, North 71 degrees 39 minutes 14
seconds East-270.00 feet to a point in the western right of way line of NC Highway No.132;thence,
with the western right of way line of NC Highway No.132,South 18 degrees 20 minutes 46 seconds
East-993.50 feet to the point of beginning,containing 21.76 acres more or less as computed by the
coordinate method.
a
Z-915 Page 1
Section 2.The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area 8B on file in the office of the County
Commissioners, so as to make it comply with this ordinance.
". . Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the
-vxt4ht of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover,North Carolina,and subject to the
companion special use permit also approved as part of this action,shall be in full force and effect
from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS
153A-341 that the zoning map amendments of approximately 21.76 acres from R-15 residential
district to CD (B-2) conditional highway business district is:
Consistent with the purposes and intent of the Conditional Use District outlined in section 59.7-1 of
the New Hanover County Ordinance and the intent of the Transition classification of the 2006 CAMA
Land Use Plan.
Reasonable and in the public interest to rezone 21.76 acres of R-15 Residential property to
Conditional Highway Business property.
Adopted the 2nd day of April, 2012.
. fa
Ted Davis,Jr.,Chair n
�GOVNTY.�
� Attest:
9
O
n
Sheila L.Schult, Clerk to the Board
Z-915 Page 2
SUP Book Page 40,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
{ ORDER GRANTING A SPECIAL USE PERMIT
For the expansion of an existing church and a 4,500 square foot fast food restaurant with
f
d rive-thru in a CD(B-2)Highway Business Zoning District
Z-915(11/11)
i The County Commissioners for New Hanover County having held a public hearing on April 2,2012 to
consider application number Z-915 submitted on behalf of Northside Baptist Church,a conditional
zoning district and the requisite special use permit to expand an existing church facility and a 4,500
square foot fast food restaurant with drive-thru use in a Conditional District CD (B-2) Highway
:t
Business Zoning District approved under companion rezoning action,said proposal being located at
2501 North College Road, and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County
Commissioners and attached as part of this special use permit.
2: Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to
the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void
if construction or occupancy has not commenced within 24 months of the date of this
approval.
3 C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use;all other state,federal and local rules;and any additional
conditions hereinafter stated.
D. Additional Conditions:
1. All improvements recommended in the final WMPO approval must be installed for
the Conditional Use Permit to be valid;and,
2. If in the future the church desires to incorporate a full time school into the complex
a new TIA and additional transportation improvements may be required. Further,a
` full time school would be considered a change in use and require an amendment to
the Conditional Use site plan
I
Z-915 Page 3
� I
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Adopted this 2"d day of April, 2012. Alf (I
uNTY. Ted Davis,Jr.,Chairm
Attest:
O n
9
O
r
Sheila L.Schult,Clerk to the Board
FINDINGS OF FACT:
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. Northside Baptist Church is currently connected to CFPUA water and sewer.
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal will be located outside of the flood hazard areas.The applicant has
applied for a LOMR-F, which will remove the AE flood lines from the northern and
western rear portions of the property.
D. North College Road is an urban principle arterial roadway.The ADT on North College
Road,located between Long Ridge Drive and Bavarian Lane,has increased from 26,786
(2010)to 27,081(2011).The portion of North College Road fronting the subject property
has a LOS of F, meaning traffic counts exceed the capacity of the roadway. However,
incorporation of the recommended transportation improvements should decrease
traffic impacts on congestion and improve safety on the roadway.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed road improvements required by
NCDOT are implemented.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not
for tentative development. The church campus expansion of 259,600 square feet of
new buildings and the addition of a 4,500 square foot fast food restaurant with a
drive-thru are commercial uses that will not have a significant adverse impact on
the adjacent single family homes and undeveloped residential property to the west.
B. The proposed signage will be required to satisfy the sign standards as specified in
Section 94 of the Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all
required conditions and specifications of the Zoning Ordinance.
Z-915 Page 4
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3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
i
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
s 4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2006 Land Use Plan Update identifies the majority of the subject property as
Transition. The transition designation is to provide for further intensive urban
development on lands that have been or will be provided with necessary urban
services. The location of these areas is based upon land use planning policies
requiring optimum efficiency in land utilization and public service delivery.
B. Policy 4.3 of the 2006 CAMA Land Use Update outlines the desire to maximize
effectiveness of commercial uses by assuring that land is available for commercial
uses within close proximity to the markets they serve and by ensuring that such
commercial nodes do not diminish the quality of life in nearby residential areas.
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Z-915 Page 5
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SUP Book.OF NEW HANOVER Page 40,- 2
STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM TO A SPECIAL USE PERMIT
Children's Daycare Expansion in an R-15 Residential Zoning District
S-519M(07/04,03/12)
s
The County Commissioners for New Hanover County having held a public hearing on April 2, 2012 to
consider application number S-519 submitted by Miss Grace's Place Child Care, for Addendum to a
special use permit to increase the number of children permitted from 9 to 12 in an existing children's
day care facility at 111 Cannon Road, and having heard all of the evidence and arguments presented at
the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section
71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance
with the plans and findings submitted to the County Commissioners and attached as part of this
special use permit.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
1 conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in Section 72-9
of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all
other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. if any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
J shall become void and of no effect.
D. Additional Conditions:
1) Drop-off and pick-up times shall be staggered so that there area maximum of two
drop-offs or pick-ups in 10 minute intervals.
Ordered this 2nd day of April,2012.
vNTY. `
/ I A f-i'! A
ti Ted Davis,Jr.,Chairrriwi
o � �
Attest:
LL\
x
Shei a L. Schult,Clerk to the Board
Findings of Fact:
1. The Board must find that the use will not materially endanger the public health or safety where
proposed and developed according to the plan as submitted and approved.
A. Public water and sewer are provided to the property by CFPUA.
B. The route of access is El Ogden Drive to Market Street. The ADT of Market Street, between El
Ogden and Middle Sound Loop Road has decreased from 50,092 (2010) to 46,898 (2011). The
Level of Service at the intersection of Market Street and El Ogden is F.
C. The subject property is located in the New Hanover County Fire Service District.
D. The site is not within a flood hazard area.
E. The current facility is a single family residence.The applicant currently accommodates 9 children,
consistent with the conditions of the existing special use permit,issued July 12,2004.The request
to increase size is in order to accommodate two clients expanding their families this year.
F. The Patterson's added a 150 square foot addition to their home in February 2009 to accommodate
three more children in the daycare.
G. The Division of Child Care Services allows a child day care facility to care for a maximum of
twelve children in a residence that satisfies state requirements.
Staff Suggestion:Evidence in the record at this time supports a finding that the use will not materially endanger the
public health or safety where proposed.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. The current facility is operating under an existing special use permit issued July 12, 2004. The
current special use permit was conditioned to have drop off and pickup times staggered so that
there are a maximum of two drop offs or pickups within 10 minute intervals and was limited to a
maximum of 9 children.
B. The applicant currently has 1 employee parking and 4 off street parking spaces adjacent to the
driveway,shown on the site plan.
C. There is also an area to accommodate ingress and egress directly onto a public street, consistent
with Section 72-20(2).
D. There is an 8 foot privacy fence around the play area; exceeding the four feet fencing minimum
required by the ordinance.
E. There is not currently an outside sign for the facility,nor is one proposed.However,if one were to
be added to the site it would be subject to Section 72-20(4), which limits outside signage to a
maximum of two(2)square feet in area.
F. The current facility is licensed by the state of North Carolina.
G. All other local, state, and federal requirements must continue to be met, including possible
property upgrades to meet building codes and fire safety codes.
Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all required conditions
and specifications of the Zoning Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
A. Child facilities exist in other residential districts in New Hanover County.
B. The proposed use is a continuation and expansion of an existing child day care facility.
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C. No evidence has been submitted that this project will decrease property values of residents who
i live nearby
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure
the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
A. The subject property is located in an R-15,residential district.
B. Child day care facilities are permitted by special use permit in all residential districts.
C. The 2006 Joint CAMA Plan Update shows the land classification as Watershed Resource
Protection;however,it is located within the urban growth boundaries.
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