2012-05-21 RM Exhibits i
do NEW HANOVER COUNTY Ted Davis,Jr.
Chairman
� Jonathan Barfield,Jr.
'• s BOARD OF COMMISSIONERS Vice-Chairman
O r, Jason R.Thompson
_< Commissioner
0 230 Government Center Drive, Suite 175 Brian M.Berger
Commissioner
NC 28403
y = Wilmington, Richard G.Catlin
Z -a� (910) 798-7149 Commissioner
(910)798-7145 Fax Exhibit ••••
Shelia L.Schult
f.lTgAt ISIIF.V� www.nhcgov.com Book 3<..(_Page .,.,
Clerk to Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS
WHEREAS, General Statute 47-30.2 requires that every County appoint one or more Map Review
Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and
WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy
and consistency; and
3
WHEREAS, a resolution was adopted by the Board of County Commissioners on May 3, 2010
designating Chris O'Keefe, Planning & Inspections Director; Billy Oakes, Land Records Supervisor; and
Sam Burgess, Subdivision Review Planner as Map Review Officers for the unincorporated New Hanover
County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; and designating Ronald
H. Satterfield, Jr., Planning Manager; James A. Diepenbrock, Associate Planner; David E. Cowell, P.E.,
City Engineer; Carl H. Farmer, Jr., P.E., Division Engineer; John Fullerton, Zoning Administrator; and
s Derek Pielech, City Plan Review Engineer as Map Review Officers for the City of Wilmington; and
:i
WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below
be designated Map Review Officers in addition to those listed above.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
the following staff be designated as Map Review Officers:
Peter J. Brennan, Jr., PLS, Surveyor, City of Wilmington
Nicole M. Dreibelbis, Current Planner,New Hanover County
Linda E. Painter, Zoning Compliance Official, New Hanover County
Shawn T. Ralston, Planning Manager,New Hanover County
John Steven Still, Senior Zoning Compliance Official,New Hanover County
j
ADOPTED this the 21S`day of May,2012.
G01ONTY•NO NEW HANOVER COUNTY
O 3�
A
I O Ted Davis,Jr., Chai
r
t, a2 test:
flt ISNt�`�
Sheila L. Schult, Clerk to the Board
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.
i Mission Statement adopted June 20, 2011
1
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AGENDA: May 21,2012 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOO Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 228
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-228 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: Health/Maternal Health
E nditure: Decrease Increase
Health/Maternal Health:
Supplies $3,000
Total $0 $3,000
Revenue: Decrease Increase
Health/Maternal Health:
Grant-Local-Ministering Circle $3,000
Total $0 $3,000
Section 2: Explanation
The Health Department has been awarded$3,000 from the Ministering Circle of Wilmington,NC,to
provide prenatal diabetic supplies for the uninsured.Approval to apply for these funds was given at the
9/19/11 Board of Commissioners meeting.No County matching funds are required and no new positions
are requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-228,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 21st day of May,2012.
uNTY.
O ( n
�y2 c Ted Davis,Jr.,Chairman
Sheila L.Schult,Clerk to the Board
AGENDA: May 21,2012 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BookXXX✓ page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 229
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-229 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:Health/Safe Kids
E nditure: Decrease Increase
Health/Safe Kids:
Supplies $500
Total $0 $500
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local-Safe Kids North Carolina $500
Total $0 $500
Section 2: Explanation
The Health Department has been awarded$500 from Safe Kids-North Carolina to raise awareness of the
importance of wearing helmets when riding bikes and other wheeled vehicles.These funds will be used to
purchase educational materials and helmets.Approval to apply for these funds was given at the 5/7112
Board of Commissioners meeting.No County matching funds are required and no new positions are
requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-229,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 21st day of May,2012.
vNTY.
AL) 'y
O
Ted Davis,Jr.,Cha'
Sjq
Sheila L. Schult,Clerk to the Board
AGENDA: May 21,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET gooks pages
BY BUDGET AMENDMENT 12- 230
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-230 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:Health/Safe Kids
E enditure: Decrease Increase
Health/Safe Kids:
Supplies $300
Total $0 $300
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local-Safe Kids USA $300
Total $0 $300
Section 2: Explanation
The Health Department has been awarded$300 from Safe Kids USA for Operation Medicine Drop.The
purpose of this grant is to target voluntary turn-in of expired,old or unused prescription medications from
individuals in the Community.These funds will offset expenditures incurred for the event held with local
law enforcement agencies in March 2012.Approval to apply for these funds was given at the 5/7112 Board
of Comissioners meeting.No County matching funds are required and no new positions are requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-230,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
NTY.ted,this 21st day of May,2012.
v
O ti
;w G(SE
o
Ty a� Ted Davis,Jr.,Chairman '
Z
Sheila L.Schult,Clerk to the Board
AGENDA: May 21,2012 Exhibit �
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book 1�Page �s..3,c�•
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12. 231
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-231 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: Health/Safe Kids
E nditure: Decrease Increase
Health/Safe Kids:
Supplies $300
Total $0 $300
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local-Safe Kids-North Carolina $300
Total $0 $300
Section 2: Explanation
The Health Department has been awarded$300 from Safe Kids-North Carolina for the 2012 Safe Kids
Week.These funds will be used to purchase educational materials,including reflective safety items and
incentives to promote child safety.Approval to apply for these funds was given at the 5/7112 Board of
Commissioners meeting.No County matching funds are required and no new positions are requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-231,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 21st day of May,2012.
GO�r1TY•NO
(S
O
Ted Davis,Jr.,Chairm
a
Sheila L.Schult,Clerk to the Board
i age
AGENDA: May 21,2012 Exhibit Book
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 56
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North
Carolina,that the following Budget Amendment 2012-56 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): Innovate programs to protect the environment
Fund:Mason Inlet Relocation
Department:Finance
Ex nditure: Decrease Increase
Capital Project Expenditures $150,162
Total $0 $150162
Revenue: Decrease Increase
Transfer in from Special Revenue Fund $50,000
Sales Tax Refund $162
Interest on Investments $100,000
Total $0 $150162
Fund:Room Occupancy Tax(ROT)
Department:Finance
E nditure: Decrease Increase
Transfer to Capital Project Fund $50,000
Total $0 $50,000
Revenue: Decrease Increase
Interest on Investments $50,000
Total $0 $50,000
Section 2: Explanation
Additional funds are needed to continue required year ten maintenance and monitoring contracts
associated with the Mason Inlet Relocation project. Staff requests approval to transfer$50,000 from the
Room Occupancy Tax(ROT)Fund to the Mason Inlet Relocation Fund,as well as budget available sales
tax refund and interest on investments.
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 2012-56,amending the annual
budget ordinance for the fiscal year ending June 30,2012,is adopted.
N E y- d,this 21st day of May,2012.
O )�y
l O /LGC
s C
Ted Davis,Jr.,Chairman
FsTABLISNtO
Sheila L.Schult,Clerk to the Board
3
i
i
AGENDA: May 21,2012 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook x ✓ Page g
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 57
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2012-57 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:Federal Forfeited Property
Department: Sheriffs Office
E nditure: Decrease Increase
Federal Forfeited Property(DOJ):
Supplies $31,609
Total $0 $31,609
Revenue: Decrease Increase
Federal Forfeited Property DOJ):
Federal Forfeited Property $31,609
Total $0 $31,609
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)5/4/12 receipt of$18,252 and 3/12/12 auction proceeds of
$13,357.Federal Forfeited Property funds are budgeted as received and must be used for law enforcement
as the Sheriff deems necessary.The current balance in the Federal Forfeited Property fund is$48,158.
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 2012-57,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 21st day of May,2012.
/UNTy.
oX E
Ted Davis,Jr.,ChairhmA
Sheila L. Schuh,Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIt W
o jAV 'I
MAY IS MENTAL HEALTH MONTH PROCLAMA q?Ok N—( Page J_
WHEREAS, mental health is essential to everyone's overall physical health and emotional well-being-,
and
WHEREAS, mental illness will strike one in four adults in a given year regardless of age, gender, race,
ethnicity,religion or economic status; and
WHEREAS, people who have mental illness do recover and lead full, productive lives, but the stigma
surrounding mental illness can prevent people from seeking the medical attention they need; and
WHEREAS, all Americans, including combat veterans and hurricane victims, are vulnerable to chronic
mental health problems associated with trauma and can benefit greatly from early identification and
treatment; and
WHEREAS, forty percent of those with mental illness have been arrested one or more times, and one in r;�
three of those experiencing homelessness also suffer from severe mental illness; andi`\
WHEREAS, an estimated two-thirds of adults and young people who have mental health disorders are
not receiving the help they need and nearly 30,000 American lives are lost each year to suicide and
mental illness; and
WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to American
businesses, governments and families has grown to over$100 billion annually; and
WHEREAS, community-based services that respond to the needs of the individual and family are cost-
effective and beneficial to consumers and the community; and
WHEREAS, Mental Health Month is observed every May nationwide by advocacy organizations to raise
awareness and understanding of issues related to mental health and to eradicate the stigma associated with
seeking mental health services.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 2012 be recognized as "Mental Health Month" in New Hanover County. Citizens, government
IN4/1 agencies, public and private institutions, businesses, and schools in New Hanover County are called upon
S
M1 to recommit to increasing awareness and understanding of mental illness and the need for accessible
,160. services for all people who suffer from mental disorders.
10611
ADOPTED this the 21S`day of May, 2012.
NEW HAN QVER CO UNTY
Jk
i 411jAP Ted Davis, Ir., Chairman
4.
ATTEST:
Shei a L. Schult, Clerk to the Board
All!
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit go
BUILDING SAFETY MONTH PROCLAMATIor-,Oook pa
WHEREAS, New Hanover County's continuing efforts to address the critical issues of safety, energy
efficiency and sustainability in the built environment that affects our citizens, both in everyday life and in
times of natural disaster, give us confidence that our structures are safe and sound; and
WHEREAS, our confidence is achieved through the devotion of vigilant guardians, building safety and
fire
prevention officials, architects, engineers,builders, laborers and others in the construction industry who
work year-round to ensure the safe construction of buildings; and
WHEREAS, these guardians are dedicated members of the International Code Council and the North
Carolina Office of the State Fire Marshal, they develop and implement the highest-quality codes to protect
Americans in the buildings where we live, learn, work and play; and
WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention
tilt
codes in the nation, are used by most U.S. cities, counties and states; these modem building codes also
include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes,
wildfires,and earthquakes; and
WHEREAS, Building Safety Month is sponsored by the North Carolina Office of the State Fire Marshal
and the International Code Council Foundation, to remind the public about the critical role of our local
building and fire code officials who assure us of safe,efficient and livable buildings; and
Jill WHEREAS, Building Safety Month encourages all Americans to raise awareness of the importance of
building safety; disaster-resistant, energy efficient, green and sustainable building; pool, spa and hot tub
safety; and new technologies in the construction industry; and
WHEREAS,New Hanover County residents can take appropriate steps to ensure that the places where we
live, learn, work and play are safe.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 2012 be recognized as "Building Safety Month" in New Hanover County. The Board of
Commissioners encourages all citizens to consider projects to improve building safety at home and in the
community, and also to join them in acknowledging the essential service provided by local and state
planning,inspections and fire services departments and federal agencies in protecting lives and property.
1i�il ADOPTED this the 21S`day of May, 2012.
NEW HANOVER COUNTY
by
Ted Davis,Jr., irman
PON
ATTEST:
.4
�M
�,
W
X"M Sheila L. Schult, Clerk to the Board J =�''
All
AT,
N
AGENDA: May 21,2012 Book W—V Page '
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 234
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-234 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Productive Strategic Partnerships
Strategic Objective(s): Develop appropriate public/private partnerships
Fund:General Fund
Department:Emergency Management&911 Communications/Emergency Management
E nditure: Decrease Increase
Emergency Mgmt&911 Comm/Emergency
Mgmt.:
Temporary Salaries $6,503
Social Security Taxes $497
Supplies $1,000
Training&Travel $2,000
Total $01 $10,000
Revenue: Decrease Increase
Emergency Mgmt&911 Comm/Emergency
M t.
Grant-Federal-ARRA/NC Dept of
Commerce/State Energy Office $10,000
Total $0 $10 000
Section 2: Explanation
Emergency Management has been awarded a Smart Grid Program Grant from the North Carolina
Department of Commerce,State Energy Office,funded by the American Recovery and Reinvestment Act
of 2009.The Grant will be used to monitor the City of Wilmington's fuel tanks by radio frequency to
develop an energy assurance plan for New Hanover County.The Grant will pay for a temporary position
to conduct the pilot fuel monitoring project.
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 12-234,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
GovN F ,this 21st day of May,2012.
Ted Davis,Jr.,Chairm
Sheila . Schult,Clerk to the Board
AGENDA: May 21,2012 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book /Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12. 226
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-226 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Maintain strong financial reserves
Fund: General Fund
Department:Tax
E nditure: Decrease Increase
Tax:
Contracted Services $122 999
Total $0 $122,999
Revenue: Decrease Increase
Tax:
Miscellaneous Revenue $122,999
Total $0 $122,999
Section 2: Explanation
The County has contracted with Tax Management Associates(TMA)to perform business personal
property tax audits for certain tax payers.Per audit contract,once the audit is complete and payment is
received for the discovery,the County is obligated to pay TMA twenty-five percent(25%)of the tax,
penalty and interest collected for the discovery.Tax includes only taxes levied by the County.This budget
amendment includes only the portion of taxes,penalty and interest that will be due to TMA upon
collection of the revenue by the County Tax Department.The total revenue to be collected by the County
is estimated at$491,993.
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 12-226,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
vN d,this 21st day of May,2012.
O (S ) Tn
\, O
r
3�,Z y2
Ted Davis,Jr.,Chairman
l
Sheila L.Schult,Clerk to the Board
9
3
Exhibi 11 // d �'
Book page �, u
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE
CONTRACT WITH BANK OF AMERICA PUBLIC CAPITAL CORPORATION TO
FINANCE THE ACQUISITION OF A CATERPILLAR 826G COMPACTOR AND A
CATERPILLAR ARTICULATED DUMP TRUCK FOR USE BY NEW HANOVER
COUNTY, NORTH CAROLINA AND AUTHORIZING THE EXECUTION AND
DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND
MAKING RELATED FINDINGS
WHEREAS, New Hanover County proposes the financing of the acquisition of a Caterpillar
826G Compactor and a Caterpillar Articulated Dump Truck, as more fully described in the
hereinafter named Contract; and
WHEREAS, the most advantageous manner of financing thereof is by an installment contract
pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended; and
WHEREAS, pursuant to said Section 160A-20, New Hanover County is authorized to finance
the acquisition of real and personal property, including fixtures, by installment contracts that
create a security interest in the property financed to secure repayment of the financing; and
WHEREAS, Bank of America Public Corporation has proposed that Bank of America finance
the acquisition pursuant to an Installment Purchase Contract between the Purchaser and Bank of
America.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners authorize the following:
Section 1. The New Hanover County Board of Commissioners does hereby find and
determine:
(a) New Hanover County proposes the financing of the acquisition of a Caterpillar 826G
Compactor and a Caterpillar Articulated Dump Truck, as more fully described in the
hereinafter named Contract;
(b) The most advantageous manner of financing thereof is by an installment contract
pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended;
(c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance the
acquisition of real and personal property, including fixtures, by installment contracts that
create a security interest in the property financed to secure repayment of the financing;
and
(d) Bank of America Public Capital Corporation has proposed that Bank of America finance
the acquisition pursuant to an Installment Purchase Contract between the Purchaser and
Bank of America.
Section 2. The New Hanover County Board of Commissioners hereby authorizes and directs
the County Manager, the County Attorney, and the Finance Director execute, acknowledge and
deliver the Contract on behalf of the Purchaser in such form and substance as the person
executing and delivering such instruments on behalf of the Purchaser shall find acceptable. The
Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the
Contract and attest the same.
Section 3. The proper officers of the Purchaser are authorized and directed to execute and
deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and
to do or cause to be done any and all other acts and things necessary or proper for carrying out
this Resolution and Contract.
Section 4. Notwithstanding any provision of the Contract, no deficiency judgment may be
rendered against the Purchaser in any action for breach of a contractual obligation under the
Contract and the taxing power of the Purchaser is not and may not be pledged directly or
indirectly to secure any moneys due under the Contract, the security provided under the Contract
being the sole security for Bank of America in such instance.
Section 5. The Purchaser covenants that to the extent permitted by the constitution and laws
of the State of North Carolina, it will comply with the requirements of the Internal Revenue
Code of 1986, as amended (the "Code") as required so that interest on the Purchaser's
obligations under the Contract will not be included in the gross income of Bank of America.
Section 6. It is hereby determined and approved that (i) the proceeds of the Contract shall be
used for the financing of the acquisition of a Caterpillar 826G Compactor and a Caterpillar
Articulated Dump Truck, (ii) the maximum principal amount expected to be incurred is
$1,039,482 with 36 and 59 monthly installments, respectively.
ADOPTED this the 21s' day of May, 2012.
NEW HANOVER COUNTY
oTed Davis, Jr., C ai an
r
3 a2
y� ATTEST:
Sheila L. Schult, Clerk to the Board
sS
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7
Exhibit
y' Book 2=V Page
i
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE SUBDIVISION REGULATIONS
OF NEW HANOVER COUNTY, NORTH CAROLINA
j ADOPTED FEBRUARY 17, 1969
CASE: A-396, 04/12
a
f
d
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
r
Section 1. That the Subdivision Regulations of the County of New Hanover, North Carolina
4 adopted February 17, 1969, as amended be and the same is hereby further amended as follows:
r
:
ARTICLE IV: DESIGN STANDARDS
t
DELETE: Section 41-1(7)(1)
The eit-y or-State shall iasWl tfaffie signals,4affie signs and dead end
i
i � �+�+ The 1+.7;yide,. shall to the ..;t y o sta4e the eests-
ass pay el�Te. 111V subdivider-
f
ADD: Section 41-1(7)(1) Traffic Calming During Preliminary Site Plan Review
i
In some cases,the inclusion of traffic calming devices in subdivision design
is justified to promote speed limit compliance with posted speed limits and
for up-holding the long-term operational safety of residential subdivision
streets. Only traffic calming devices recognized by the Institute of
Transportation Engineers and/or other nationally recognized traffic
engineering guidelines, with provisions to minimize impacts on bicyclists, '
pedestrians, and emergency response time shall be considered by the
Technical Review Committee for approval during the Preliminary Site Plan
a Review.
i
Traffic Calming on Existing Public Streets
Petitions for traffic calming devices on existing publicly designated streets
shall be considered by the North Carolina Department of Transportation as
referenced in NCGS 136-102.8.
3
3
Traffic Calming on Existing Private Streets a
I
In accordance with Section 68 of this ordinance, no traffic calming devices
shall be installed by the POA/HOA until the following review process is
complete:
The review process for installing traffic calming devices on existing private
A-396 Page 1 of 4
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streets may be initiated by contacting the Planning&Inspections Department
to obtain a copy of the most current Traffic Calming Petition Form and other
associated informational materials. Petitioners must first obtain signatures
from at least 70 percent of parcel owners within the affected area to
demonstrate neighborhood support for traffic calming devices. The affected
area will be determined by a scoping process involving the petitioner, a
representation from the Planning & Inspections Department, County Fire
Services office, County Engineering, and the WMPO prior to petition
submittal. Only one signature per parcel is counted to determine 70 percent
concurrence.County staff will verify that signatures match current tax records
and if the required signatures are not obtained within 90 days, the petition
will not move forward. If the signatures are determined to be valid, a letter
from the Planning & Inspections Department will be sent to the petition
contact describing the minimum application requirements to move forward
with the review process.
To qualify for review, an application demonstrating the following must be
provided by the petitioner to the Planning& Inspections Department:
1. The road is privately owned and maintained with a functional
classification of local road or neighborhood collector;
2. The roadway is"primarily residential",with at least 75 percent of the
properties fronting on the street having residential zoning and/or
residential land uses;
3. Fifteen percent of present day traffic exceeds 30 mph;
4. Traffic volumes on the affected street must be less than 4,000 vehicles
per day;
5. The roadway is not a primary route for emergency response;
6. An active property owners association,as prescribed in Section 54 of
this Ordinance,exists to install and maintain traffic calming devices;
7. A previous traffic calming device application has not been denied for
the affected area within the last 12 months;
8. Concurrence from a detailed engineering study that the traffic
calming devices are warranted and feasible to implement within the
affected area.
As a fundamental component of a complete traffic calming application,the
following criteria must be certified by a professional legally recognized by a
State of North Carolina licensing board as licensed to perform such activities
or undertakings.
1. Roadway characteristics including alignment, grade, sight distance,
intersection spacing, driveway location, edge treatments (curbing,
shoulders, etc.), signage,pavement markings and on-street parking;
A-396 Page 2 of 4
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1
2. Vehicle characteristics of existing traffic (based on a three-day
vehicle classification study);
3. Traffic speed and volume data (based on a three-day speed and
volume study);
4. Three-year crash history;
5. Recommended traffic calming devices including typical details
(Recommended devices shall follow Institute of Transportation
Engineers and/or other nationally recognized traffic engineering
guidelines,with provisions to minimize adverse impacts on bicycle,
f
pedestrian safety, and emergency response);
6. A conceptual plan demonstrating the proposed location of traffic
i calming devices and associated advanced warning signage/pavement
markings (as required by the most recent version of the Manual on
Uniform Traffic Control Devices);
7. A recommended implementation schedule and preliminary line-item
cost estimates.
k Upon submittal of a completed application to the Planning & Inspections
Department, the request will be considered by the Technical Review
Committee at their next regularly scheduled meeting.The Technical Review
Committee has the authority to reject an application based on engineering
judgment, an absence of documented need and/or concerns with adverse
3 impacts on emergency response as well as bicycle and pedestrian safety. If
approved by the Technical Review Committee,the petitioner may initiate the
final approval process by submitting the following information to the
Planning& Inspections Department:
1) Final construction plans and details sealed by a professional legally
recognized by a State of North Carolina licensing board as licensed to
perform such activities and undertakings,
2) Final implementation schedule and line item cost estimates (with
associated contingency); and
3) A surety in the form of a certified check and in accordance with
Section 51 of this Ordinance, to guarantee the installation of the
traffic calming devices.
4
Petitioners(s) may appeal Technical Review Committee denial of an
application to the New Hanover County Planning Board whom, in its
discretion,may choose to uphold the Technical Review Committee ruling or
approve the petitioner's request. Petitioners may appeal a Planning Board
denial to the New Hanover County Board of Commissioners.
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
A-396 Page 3 of 4
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Section 3. This ordinance is adopted in the interest of public health, safety,morals and general
welfare of the inhabitants of the County of New Hanover,North Carolina, and shall be in full force
and effect from and after its adoption.
Adopted the 22nd day of May 2012.
)—O—A V
Ted Davis, Jr., Cha:04an
OvNTY.�
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Attest:
T.� n
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Fr,�e��s►,EO, �' Sheila L. Schult, Clerk to the Board
A-396 Page 4 of 4
Exhibit
Book Page
7
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
III''
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6,1969,AND SUBSEQUENTLY AMENDED
A-400(04/12)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
s
3 Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be,
and the same is hereby further amended to read as follows in the section(s)noted:
ARTICLE IX:DESIGN STANDARDS AND REGULATIONS FOR SIGNS
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Section 97: Nonconforming Signs
} 97-1: Determination of Nonconfotmity
Existing signs which do not conform to the specific provisions of this Ordinance may be eligible for the
designation"nonconforming"provided that:
(1) The Building Inspector determines that such signs are properly maintained and do
not in any way endanger the public;
¢ (2) The sign was covered by a valid permit or variance or complied with all applicable
laws on 8/06/01; and
8
(3) The sign is net plaeed under an of fizatien nehedu
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2
}
97 4: Amerdea&n
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(1) Pr-eNieusly Afnegized Si -Under-the pfeA►isionsefthe New Haffevff form
within the fifnes set feM thervia.The time per-iods for-removal er-eemplianee hwixe
to 8/06/01 shall be eensider-ed as eentinua4iens themef and fiet as new enae#n;fi�&
(A) Any legally existi s ffee standing sign made non eenfeFffiffig
on August 6, ie the 10 yeaf affieffiza4ion in subseetion(2-)-,
whieh has elapsed on the date ef adoption of this seefien,shall be eligible to
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`¢ extend its n e ftizatien nehedu a as dene.-ibed below.
3
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A-400 Pagel of 3
(9) The amertizatien sehedule may be extended not mer`c than 2 yeafs uncef
al!of the fellevAng eendifiens!
i. The e..tension period shall begin en the,late of adoption e f this
amcndmezrr
W. Netiee Shall be seat by the zoning effieial Nia eei4ified mail t
sign is lee..ted e«by ee«tifie.,tie« of pene„al s e to the
Tt..1,..11 be the..e sib lity eF the„ e e f Peal property to ne fi f y
tenants ef this e applieable.
(c) Ti.nie F-Fames-Unless-ether-wise p£e;gdedbylaw,all on pmmise and-eetdeef
adveftising signs that afe made neneenfafming by this Ordifianee,an ameadmen
effeetive date and amendment ther-ete ef:the amendment of the effieW zening map.
IM:days �,`•-'7i
•$,d .f+.,.2a?�a',
1.Neneefifeming flashing of:animmed signs- ""
f ""days
ll 10 yeffs
/
G De«table a ether tempemr-y.signs °0�1 Q20 days
days
that., ethe«.. se meted illegally under the
7 Aleneen fe...ti.;ng well signs 5 yean
Note(1) Neneenfeming freestanding signs,whieh are within 15 pervent of the n are
ements er-within 4 feet of the fnEwiffmm height r-equifements,shall net be required te be bFeught ifite
eomplianee with the size er-height FequiFments,as s ef this Ordinanee. Freestanding signs that
afe neneenfeffning vAth r-egaFd te sign height and that are r-eleeated in efder-te eemply with the i-
leeatien r-equiFements ef this Of:dinanee shall alse be brought into eempliamee with the sign height
ements.Neneenfeming fivestanding signs that af:e mleeated under-the pfeAsiens ef this Ofdi
A-400 Page 2 of 3
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mayiatilize 1 required paddag spare for-the mleeated sign if ne ether-eptien e*ists fer-r-eleeating the sign
en the site as deteFmined by the Building inspeeter.Freestanding signs that are neneenfefming only with
s_o_ _"_eept that the substitution e_ _«tom_-+ange of pester-panels,painted beards u va
1
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eleet6eal m t"as s and neen tubing aYi'f shall be pefmit4ed.
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altered, >
herein.(6) Legally Established Neneenfefming Usgg New signs related te legally established
neneenfe�ing uses may be er-eeted pr-e-Aded they eemply with the sign
requirements of the distfiet in whieh the use is leeated-.
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Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict,is hereby repealed.
I
Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has
found the amendment consistent with the policies adopted in the 2006 land use plan and reasonable and in the
public interest.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the
inhabitants of the County of New Hanover,North Carolina,and shall be in full force and effect from and after
its adoption.
Adopted the 21st day of May,2012.
ONTY.
GO AV,.p� Ted Davis,Jr.,Chai
O � n
p test:
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yZ �
i Sheila L. Schult,Clerk to the Board
a .�sT'1glISHF.p,�
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A-400 Page 3 of 3
Exhibit
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book Page .
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
1
A-401(04/12)
y
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
be,and the same is hereby further amended to read as follows in the section(s) noted:
The following language shall be added to the Zoning Ordinance:
Section 59.10:Conditional district
59.10-1:Purpose-The Conditional district procedure is established to address situations where a
particular land use would be consistent with the New Hanover County Land Use Plan and the objectives
of this ordinance and where only a specific use or uses is proposed for the project.
This procedure is intended primarily for use with transitions between zoning districts of very dissimilar
a
character(e.g. R-15 and B-2)where a particular use or uses,with restrictive conditions to safeguard
adjacent land uses,can create a more orderly transition benefiting all affected parties and the
community-at-large.
This procedure is intended only for voluntary proposals submitted in the names of the owners of all
property included in the petition/application.
This procedure is intended only for firm development proposals, and shall not be used for tentative
projects without definitive plans.
59.10-2:Uses and Development Requirements
(1)Only uses allowed by right in the corresponding General Use District are eligible for Conditional
district consideration and any such use within a Conditional district shall,as a minimum requirement,
satisfy all the regulations of the corresponding General Use District.
(2)Within a Conditional district,the Permit may specify additional conditions and requirements which
represent greater restrictions on development and use of the tract than the corresponding General Use
District regulations,or other limitations on land which may be regulated by state law or local ordinance.
Such conditions and requirements shall not specify ownership status, race, religion, character or other
exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary
to accomplish their purpose,and shall relate rationally to making the Permit compatible with the New
Hanover county Land Use Plan,and other pertinent requirements of the Zoning Ordinance,and to
securing the public health, safety, morals, and welfare.
s
A-401 Page 1 of 7
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59.10-3:Petition/Application
(1)Who May Submit-Conditional district petition/applications may be submitted only by all owners of
all real property included in the petition/application.
(2) Content- Each Conditional district petition/application shall include a complete rezoning petition
containing the following general and site plan information for the tract to be rezoned.
(A)Tract boundaries and total area and location of adjoining land parcels and roadways;
(B) Existing zoning of the tract and neighboring parcels and proposed tract zoning;
(C) Proposed use of land,structures and other improvements. For residential uses,this shall
include number, height and type of units and site plan outlining area to be occupied by each
structure and/or subdivided lot boundaries. For non-residential uses, this shall include
approximate square footage and height of each structure, an outline of the area it will occupy
and the specific purpose for which it will be used;
(D) Development schedule including proposed phasing;
(E)Traffic and Parking Plan to include a statement of impact concerning local traffic near the
tract, proposed right-of-way dedication, plans for access to and from the tract, location,width
and right-of-way for internal streets and location, arrangement and access provisions for parking
areas;A transportation information sheet is required for all projects and for any development
that will generate more than 100 trips during the peak hour or where a significant impact to the
existing traffic pattern is anticipated, a traffic impact study may also be required.The study shall
be prepared in accordance with Standards and Guidelines approved by the County and shall be
submitted at least four weeks prior to the first scheduled meeting of the project's review.
(F)All existing and proposed easements, reservations, required setbacks, rights-of-way,
buffering and signage;
(G)The one hundred (100)year flood plain line;
(H) Location and sizing of trees required to be protected under Section 67 of the Zoning
Ordinance.
(1)Any additional conditions and requirements,which represent greater restrictions on
development and use of the tract than the corresponding General Use District regulations,
which are the minimum requirements in the Conditional district,or other limitations on land
which may be regulated by state law or local ordinance.
(1)Any other information that will facilitate review of the proposed change.
A-401 Page 2 of 7
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(3)Submittal Procedure- Follow the provisions of Section 111 of the Zoning Ordinance
1
59.10-4:Approval Process
i
(1)Overview
(A)After the public notice of scheduled hearing before the Planning Board is delivered to the
newspapers, no amendments to the additional conditions and requirements specified in the
petition/application shall be added which are less restrictive, including but not limited to less
setback, more dwelling units,greater height, more access points, new uses and fewer
l improvements.
(B) No rezoning to a Conditional district shall be approved unless all conditions and
requirements have been included voluntarily by the petitioners,or their authorized
representatives.Any condition and site-specific standards imposed shall address the impacts
reasonably expected to be generated by the development or use of the site.
3
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(2) Property Owner and Public Notices- Follow the provisions of Section 112-1 of the Zoning Ordinance.
(3) Planning Department Review- Follow the provisions of Section 112-2 of the Zoning Ordinance.
(4) Planning Board Consideration
(A) Follow the provisions of Section 112-3 of the Zoning Ordinance except as indicated below.
(B) Planning Board members may propose additional conditions and requirements beyond those
listed in the petition/application. Before the Board votes to recommend approval or denial,the
Board Chairman shall permit the petition/application to be withdrawn or amended if so desired
by the petitioners or their authorized representatives. If the petitioners desire additional time to
consider their course of action,they may request a continuance to the next scheduled public
hearing of the Board.
(C)The Board shall base its recommendation in consideration of identified relevant adopted
plans for the area including but not limited to comprehensive plans,strategic plans,the CAMA
Plan,district plans, area plans, neighborhood plans,corridor plans and other land use policy
documents.
1 (5)Appeal of Planning Board Recommendations-Follow the provisions of Section 112-4 of the Zoning
Ordinance.
(6)Action by the County Commissioners
(A) Follow the provisions of Section 112-5 of the Zoning Ordinance except as indicated below.
(B) One or more Commissioners may propose additional conditions or requirements beyond
those contained in the petition/application. Before the Commissioners vote to approve or deny,
z
A-401 Page 3 of 7
the Chairman of the Commissioners shall permit the petition/application to be withdrawn or
amended if so desired by the petitioners or their authorized representatives. If the petitioners
desire additional time to consider their course of action,they may request a continuance.
(C)When the petitioners have exercised or rejected their option to amend their
petition/application, it shall be considered for approval or denial. Approval shall be made in
consideration of identified relevant adopted plans for the area including but not limited to
comprehensive plans, strategic plans,the CAMA Plan,district plans, area plans, neighborhood
plans, corridor plans and other land use policy documents.
(7) Effect of Approval
(A) If the petition/application is approved, establishing the Conditional district,the development
and use of the property shall be governed by the predetermined ordinance requirements
applicable to the district's classification,the approved site plan or master plan for the district,
and any additional approved rules, regulations and conditions,all of which shall constitute the
zoning regulations for the approved district and are binding on the property as an amendment
to these regulations and to the zoning maps.
(B) If a petition is approved,only those uses and structures indicated in the approved petition
and site plan or land use area indicated on the approved site plan shall be allowed on the
subject property.
(C) If any condition imposed under the Conditional District Permit is found to be illegal,the
approval of the Conditional district shall be null and void, and the tract shall be rezoned in
accordance with the process for map amendment outlined in Section 112.
59.10-5:Alterations to Approved Conditional Districts
(1) Minor changes to an approved Conditional district shall be considered in the same manner as that
used for Special Use Permits as set forth in Section 71-1(9)of the Zoning Ordinance.
(2)Any request for a change to an approved Conditional district that does not qualify as a minor change
under the provisions of Section 71-1(9) of the Zoning Ordinance shall be submitted as a new Conditional
district.
59.10-6:Enforcement
(1) Failure to Proceed in a Timely Manner—If within 24 months from the date of approval of the
Conditional district, no building permit has been issued for the subject tract,the Planning Department
may schedule a hearing for the Planning Board to consider progress made. If it is determined that active
efforts are not proceeding,the Planning Board may send forward a recommendation to the County
Commissioners to simultaneously revoke the Conditional District and rezone the district to its
classification prior to approval.
A-401 Page 4 of 7
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(2) Failure to Comply
(A)The Planning and Inspections Director shall enforce the Conditions and Requirements
I
specified for each Conditional district following the provisions of Articles X and XIII of the Zoning
Ordinance.
(B) If a violation of a condition or requirement is not corrected within a reasonable time period,
the Planning and Inspections Director shall begin initiation of proceedings to rezone the
Conditional district to its classification prior to approval in accordance with the process outlined
for map amendment in Section 112.
I
The following language indicated in red shall be added to the Zoning Ordinance:
ARTICLE II: DEFINITIONS
Section 23: Definitions
Site Specific Development Plan-A land development plan approved by the County
Commissioners following notice and public hearing which describes with reasonable certainty
the type and intensity of land use for a specific parcel or parcels.Site specific development plans
include special use permits, conditional use permits, conditional districts,exceptional design
zoning districts and shopping center districts.(10/7/91) (23-94)
ARTICLE V: DISTRICT REGULATIONS
50.3: Conditional Use Districts and Conditional District Classifications (1/2/90)
All existing zoning districts,except PD, Planned Development, EDZD Exceptional Design Zoning District,
and SC, Shopping Center,shall also be designated CD,Conditional Use Districts, or CDZ, Conditional
District as established by the County Commissioners. Each new conditional district or conditional use
district is considered a separate zone and is not mapped until a conditional district or conditional use
district rezoning and special use permit has been issued.All conditional use districts and conditional
districts shall be indicated by CD or CDZ respectively followed by the general zoning district
classification,as follows:
Conditional Use Districts:
CD(R-20S) CD(RA) CD(I-1)
CD(R-20) CD(B-1) CD(I-2)
CD(R-15) CD(B-2) CD(AR)
CD(R-10) CD(O&I) CD(A-I)
A-401 Page 5 of 7
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Conditional Districts:
CDZ(R-20S) CDZ(RA) CDZ(1-1)
CDZ(R-20) CDZ(B-1) CDZ(1-2)
CDZ(R-15) CDZ(B-2) CDZ(AR)
CDZ(R-10) CDZ(0&I) CDZ(A-1)
ARTICLE XI:AMENDMENTS
Section 110:Amending the Ordinance
(1/2/90)
110-1: For the purpose of promoting health,safety, morals or the general welfare, the County
Commissioners may amend the text regulations and zoning map according to the procedures in this
article for certain types of zoning map changes.Additional provisions in other Sections of the zoning
Ordinance listed below also apply:
(1) Planned Development District-See Section 53.5.
(2)Shopping Center District-See Section 58.
(3) Conditional Use District-See Section 59.7.
(4) Riverfront Mixed Use District—See Section 59.9
(5) Exceptional Design Zoning District—See Section 53.6
(6)Conditional District—See Section 56.10
Section 111: Petition
(1/2/90)
111-1: Initiation of Amendments
Proposed amendments may be initiated by the County Commissioners, Planning Board, Board of
Adjustment, or by one(1)or more interested parties,except that petitions to create a Planned
Development,Shopping Center,Conditional District or Conditional Use District shall be submitted only
in the names of all the owners of all the included real property.
111-2.1: Required community information meeting before consideration
Before an application will be accepted as complete for a zoning amendment for proposals involving
Planned Development, Riverfront Mixed Use District,Conditional District or Conditional Use Zoning
District,the petitioner must include a written report of at least one (1)community information meeting
held by the petitioner.The community meeting shall be held prior to submission of the application for
A-401 Page 6 of 7
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map amendment.The primary purpose of the meeting is to explain the upcoming proposal and field
questions from people in the surrounding area.
H
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of
such conflict, is hereby repealed.
Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan
i and reasonable and in the public interest.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare
of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect
from and after its adoption.
Adopted the 21st day of May, 2012.
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GwN 4 Y•,Vo Ted Davis,Jr.,Chai an
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Sheila L. Schult,Clerk to the Board
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A-401 Page 7 of 7
do NEW HANOVER COUNTY TBChairman r
�� '• �y BOARD OF COMMISSIONERS Jonathan Barfield,Jr.
Vice-Chairman
Z n Jason R.Thompson
Commissioner
= 0 230 Government Center Drive, Suite 175 Brian M.Barger
—
3 Wilmington, NC 28403 Commissioner
y 2 Richard G.Catlin
Z a (910)798-7149 Exhibit Commissioner
(910)798-7145 Fax Book Page .( 4.. ....
WWW.nhcgov.com Sheila L.Schult
ABLISViED
Clerk to Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN SUPPORT OF SENATE BILL 433
WHEREAS, the membership of the North Carolina Association of County Commissioners adopted a
legislative goal to "allow county flexibility to organize local human services" so counties can offer a
more streamlined and efficient government to minimize administrative costs and maximize services
for citizens; and
WHEREAS, North Carolina county governments are responsible for administering social services and
community health programs with county employees; and
WHEREAS, counties cover more than $500 million per year on DSS administrative costs while state
dollars cover less than 3 percent of these costs; and
WHEREAS, a study commissioned by the General Assembly recommended that counties be given
flexibility in determining how to organize their local human services delivery programs; and
WHEREAS, Senate Bill 433 would provide all counties with the option to determine locally how they
can best provide human services to their citizens; and
WHEREAS, Senate Bill 433 overwhelmingly passed the Senate in 2011 with a majority of Senators in
both parties in support.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners
adopts this resolution in support of S433 to "allow county flexibility to organize local human
services"; and
FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the
General Assembly representing New Hanover County to let them know of our support for this issue.
ADOPTED this the 21St day of May, 2012.
NEW HANOVER COUNTY
�rATY•N
Gp
c �y Ted Davis, Jr., Ch' man
p TT ST:
Sheila L. Schult, Clerk to the Board
F,Tn P.i 1 SHtO
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
Exhibi!K9_VPage Book L 2b
New Hanover County
Board of Commissioner Legislative Goals
Amend the Justice Reinvestment Act (G.S.15-A-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
t 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.
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.
153 A-77), to delete subsection (f) that states the Act is applicable only to counties with a
population in excess of 425,000.
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 under the
State Personnel Act 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 50150 state/local match for funding of Drug
Treatment Court Programs pursuant to G.S. 7A-794, Funding Administration.
Amend Water and Sewer Authorities (G. S. 162A, Article 1) as follows: A water and sewer
authority may elect to promote programs which allow it to address assistance to customers in
need in the payment of their water and sewer accounts.
Amend Annexation of Non-Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically 160A-
58.1 (a), first sentence, as follows: Upon receipt of a valid petition signed by all of the owners of
real property in the area described therein and receipt of a resolution of the Board of County
Commissioners approving such petition, a city may annex an area not contiguous to its primary
corporate limits when the area meets the standards set out in subsection(b)of this section.
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REVISED
Exhibi
Book Page�s 3
AGENDA: May 21,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 242
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-242 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): Develop/maintain/implement comprehensive plans(land use,etc.)
Understand/act on citizen needs
Fund: General Fund
Department:Economic Development
Ex enditure: Decrease Increase
CFPUA Economic Development Funding $650,000
Total $0 $650,000
Revenue: Decrease Increase
Appropriated Fund Balance $650,000
Total $0 $650,000
Section 2: Explanation
On May 7,2012,the Board approved a Participation Reimbursement Agreement between the County and
Cape Fear Public Utility Authority to assist CFPUA in financing the construction of the Project defined as
Kirkland Sewer. The County will provide no interest economic development funding in the amount of
$650,000 for the Project. This budget amendment appropriates fund balance to provide this funding.
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 12-242,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
ted,this 21 st day of May,2012.
OVNTY.�
L)o��y
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ay a2 Ted Davis,Jr.,Chairma
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Sheila L.Schult,Clerk to the Boar