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2012-12-03 RM Exhibits Exhibit Book V`/ { - p � -��.- age_....._.D. 1 a-- � I � � I NEw HANOVER COUNTY BOARD OF COMMISSIONERS r i i i Oath of Office � i I, Jonathan Barfield, Jr., do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God. 1 I i { , 4 onath arf' 'Id, Jr. i Sworn to and subscribed before me this Third day of December 2012 ----7z4i § i j James H. aiso II i Nort Carolina District Court Judge Fifth District / i a i � Exhibit B 0 ok:Q%IZ Page anjbk MEW HANOVER COUNTY BOARD OF COMMISSIONERS Oatb of Office 1, Elizabeth Freeman Dawson, do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God. ik Elizgeth Freeman Dawson Sworn to and subscribed before me this Third day of December 2012 Robin Wicks Robinson North Carolina District Court Judge Fifth District 3 3 a Exhibit i Book.01(._Page �_ D_, C.. i i i MEW HANOVER COUNTY x BOARD OF COMMISSIONERS 'i F t i y Oath of Office x I, Haywood E. White III, do solemnly swear that I will support and ! maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, y and that I will faithfully discharge the duties of my office as County i x Commissioner of New Hanover County, so help me God. 4 � gg I t 1 Haywood E. hi II i 3 Sworn to and subscr" d before me this l Third day of Dece b 2012 � I 1 Wad E. Hogston North Carolina District Court Judge Fifth District i M { 9y � tf J Exhibit Book Page 0'. NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover 3 Road(s) Description:Field View Road NW located within the North Bend Subdivision (Section 2) in New Hanover County (Division File No. 1183-N). 1 WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location ofwhich has been indicated on a map, be added to the Secondary Road System; and x WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. , { NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s)for maintenance if they meet established 9 standards and criteria. CERTIFICATE S The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3rd day of December , 2012. '3 WITNESS my hand and official seal this the 3rd day of December, 2012. j STY. d G0 F �� to Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners t i Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. i EAU Book5 b NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM i North Carolina County of New Hanover Road(s) Description:Wood Ridge Road, Foxwood Lane, North Arnlea Court, South Arnlea Court, and North Toddlo Court located within the Brenwyck Subdivision Section 1 to include Wood Ridge Road (Section 1 — Beacon Woods Subdivision),Foxwood Lane and Skeet Road(Section 2—Carmel at Vineyard Greens Subdivision) in New Hanover County 1 (Division File No. 1184-N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department i of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s)for maintenance if they meet established standards and criteria. I CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3rd day of December, 2012. r WITNESS my hand and official seal this the 3 d day of December, 2012. OX)NTY t ,per i O n ! o Sheila L. Schult, Clerk to the Board 3 a2 New Hanover County Board of Commissioners A �ti g� •F'�AD115Nk�` i t j Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. x vNTY• NEW HANOVER COUNTY BOARD OF COMMISSIONERS o y 0 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403 �Z az (910) 79&7149 (910)798-7145 FAX Exhibit W •FSTgBUSHE����l• WW •NHCGOV.COM Book Page ��. • RESOLUTION APPROVAL OF PUBLIC OFFICIALS BOND i WHEREAS,pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW,THEREFORE,the New Hanover County Board of Commissioners does hereby approve the Surety Bond for the Finance Officer,Sheriff,Register of Deeds,and Tax Collector.This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. ADOPTED,this the 3rd day of December, 2012. NEW HANO ER C LINTY o ChairrN Hanover County oBoard ission ers ATTE 3 i •�STABLISHEO` r Sheila L. Schult Clerk to the Board i i p New Hanover County is committed to progressive public policy, superior service, courteous contact,judicious exercise a of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. IAdopted 612012011 Exhibit Book Page �• GL. M 00 N N Ln M 01 N 01 t0 M O 01 f� Vi N Ln M 'CP 01 %-q DO Ln. 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V _ `�' m ° Lv c Lu = N LIO A f0 C N m L9 O M LN -� � to e V g m co O d C G d to C 0. d N C m a+ co 0 E t0 O ` O d O O 0 E d cu vi CU in Lu m =a p o o u zu L11 ou a LA o' it AGENDA: December 3,2012 Exhibit Book,�� -I�pag e 0.5�. NEW HANOVER COUNTY BOARD OF COMMISSIONER AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 097 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-097 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 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 Department:Social Services ExiDenditurei Decrease Increase Social Services $111,100 Total $0 $111,100 Revenue: Decrease Increase Social Services $111,100 Total $0 $111,100 Section 2: Explanation To budget receipt of an additional FY2012-2013 allocation for the Low Income Energy Assistance Program(LIEAP),which assists eligible households in paying their heating bills.The benefit payments range from$200 to$400 monthly and are paid directly to the heating vendors.The target population is persons age 60 and over and disabled persons receiving a service through the Division of Aging and Adult Services.Household income must be at or below 130%of poverty.Applications are accepted for the time period of December 1 through March 31, or until funds are exhausted.This additional allocation of $111,100 will potentially assist an additional 278 to 556 households,depending on the amount of allocation for each household.The entire$111,100 is paid directly to the vendors for clients'heating bills. 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 13-097,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. GOVN this 3rd day of December,2012. 0 � � O o \ , ,Chairman Shei a L.Schult,Clerk to the Board : Exhibit AGENDA: December 3,2012ook Page NEW HANOVER COUNTY BOARD OF COMMISSIONS S AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 101 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-101 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 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 Department: Sheriff's Office E enditure: Decrease Increase Sheriff s Office $89,560 Total $0 $89,560 ! Revenue: Decrease Increase Sheriffs Office $89,560 Total $0 $89,560 Section 2: Explanation To budget receipt of the 2013 State Criminal Alien Assistance Grant(SCAAP)in the amount of$89,560 from the Bureau of Justice Assistance(BJA).BJA administers the SCAAP in conjunction with the Bureau of Immigration and Customs Enforcement and Citizenship and Immigration Services,Department of Homeland Security(DHS). SCAAP provides federal payments to state and localities for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law and incarcerated for at least four consecutive days during the report period.The annual amount of$89,560 is based on the number of foreign-born persons housed at the facility for any stay over two to three days. 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 13-101,amending the annual budget for the fiscal year ending June 30,2013,is adopted. C.; + �O o� Adopt e is 3rd day of December,2012. O Chairman Fs TAB I l SHED s Sheila L. Schult,Clerk to a Board AGENDA: December 3,2012 Exhibit / NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book..,� VPage 5 G AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 025 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-025 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Controlled Substance Tax Department: Sheriffs Office E enditure: Decrease Increase Sheriffs Office $37,651 Total $0 11 $37,051 Revenue: Decrease Increase Sheriffs Office $37,651 Total $0 $37,651 Section 2: Explanation To budget Controlled Substance Tax receipt of 10/22/12 for$37,651.Controlled Substance Tax is budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in the Controlled Substance Tax fund is$40,244.Funds are received on a monthly basis. 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 2013-025,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 3rd day of December,2012. vt4TY N AIT 0 n Chairman 0� F4 TA! `/ ,-- I -'\' \—- Sheila L.Schult,Clerk to the Board d AGENDA: December 3,2012 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book Page AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 036 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-036 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 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:Sheriff's Office E enditure: Decrease Increase Sheriffs Office $13,297 Total $0 $13,297 Revenue: Decrease Increase Sheriffs Office $139297 Total $0 $13 97 Section 2: Explanation To budget Federal Forfeited Property(DOJ)receipts of 11/9/12 for$13,297.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$6,286. 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 2013-036,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. y Adopted,this 3rd day of December,2012. 1 0 o ,Chairman � o0 _ r- 3�y �Z Its t Sheila L. chult,Clerk to the Board Exhibit AGENDA: December 3,2012 Book XXX✓ Paged NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 37 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 2013-37 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 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 Capital Project Department:Finance E nditure• Decrease Increase Capital project expenditures $20,200 Total $0 $20,200 Revenue: Decrease Increase Transfer in from special revenue fund $20,200 Total $0 $20 Fund: Room Occupancy Tax(ROT) Department: Finance E nditure• Decrease _:JE Increase Transfer to capital project fund $20,200 Total $0 $20,200 Revenue: Decrease Increase Appropriated fund balance-Room Occupancy Tax $20,200 Total $0 2 ,200 Section 2: Explanation Additional funds are needed to continue the required year eleven maintenance and monitoring contract associated with the Mason Inlet Capital Project. Staff requests approval to transfer$20,200 from the Room Occupancy Tax Fund(ROT)for the contract with the Land Management Group for$20,200. 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 2013-37,amending the annual budget Goodin o e for the fiscal year ending June 30,2013,is ad pted. Adopt this 3rd day of December,2012. O y O Chairman • `J F�A8 SHE Sheila L.Schult,Clerk to the Board i 1 t V Pa e a AGENDA: December 3,2012 gook Exhibi 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 35 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 2013-35 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development b Strategic Objective(s): Innovate programs to protect the environment x Fund:Mason Inlet Capital Project Department:Finance E enditure: Decrease Incret Capital project expenditures $25, Total $0 $25 A Revenue: Decrease Increase Transfer in from special revenue fund $25,000 Total $0 $25,000 Fund: Room Occupancy Tax(ROT) Department: Finance E nditure: Decrease Increase Transfer to capital project fund $25,000 Total $0 $25,000 ,{ Revenue: Decrease Increase Appropriated fund balance-Room Occupancy Tax $25,000 Total $0 $25,000 Section 2: Explanation Additional funds are needed to continue the required year eleven maintenance and monitoring contract associated with the Mason Inlet Capital Project. Staff requests approval to transfer$25,000 from the Room Occupancy Tax Fund(ROT)for the contract with the Audubon Society for$25,000. 3 Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. a NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget ENT udget q ordinance for the fiscal year ending June 30,2013,is ad G0 this 3rd day of December,2012. O d .. ,Chairman � � •F�ASIfs O: Sheila L. Schult,Clerk to the Board Exhibit Book Page NEW HANOVER COUNTY �pUN{Y• 0 Jonathan Barfield,Jr. BOARD OF COMMISSIONERS Chairman Jason R.Thompson � n 230 GOVERNMENT CENTER DRIVE,SUITE 175 Vice-Chairman 2 z O WILMINGTON, NC 28403 Brian ommissiiorngeerr (91 O)79 8-7149 Richard G.Catlin 2 a2 (91 O)798-7145 FAX WWW.NHCGOV.COM Commissioner Sheila L Schult •F�r�BUSNED�(L Clerk to the Board 6 November 27, 2012 Chairman Jonathan Barfield,Jr. Vice-Chairman Jason R. Thompson County Commissioner Brian M. Berger Commissioner-Elect Woody White Commissioner-Elect Beth Dawson New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington,NC 28403 I I Dear Chairman Barfield,Vice-Chairman Thompson,Commissioner Berger and Commissioners-Elect Dawson and White: Due to my recent election as North Carolina State House of Representative for District 20, I am finding that the constraints on my time are increasing daily and I have already begun arranging and scheduling appointments in Raleigh. As a result, I feel I must resign my position as New Hanover County i Commissioner sooner than I had earlier anticipated. Therefore,please accept this letter as notice of my resignation as a member of the New Hanover County Board of Commissioners, to be effective at the adjournment of the New Hanover County Board of Commissioners' regular meeting,on December 3,2012. + It has been such an honor and privilege for the past two years to serve the citizens of New Hanover County as a Commissioner and I send my sincere wishes to the Board for a smooth transition as you 1 move forward serving the citizens of our beautiful County. i i ;,cerely,n s Cat County Commissioner i cc: County Manager Chris Coudriet County Attorney Wanda M. Copley ! F Clerk to the Board Sheila L. Schult 4 Board of Elections Director Marvin McFadyen s 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. f Adopted 612012011 f S Zoning Book Section=&Pa g AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 10A AND AIRPORT OF NEW HANOVER COUNTY,NORTH CAROLINA ADOPTED July 1,1974 and October 4,1976 respectfully and subsequently amended CASE:Z-923,11/12 THE BOARD OF COMMISSIONERS OF NEW HANOWER COUNTY DOTHORDAIN: Section 1. The Zoning Maps of Zoning Area 10A and Airport are hereby amended by removing the hereinafter described tracts from the R-20 Residential District and Airport Residential and placing it in e Conditional Zoning B-1 Neighborhood Business District, said land and right-of-way being described asfollows: Being all of the properties identified 6x the New Hanover County Tax Office records, inclusive mf Parcel |OsR03311-004-017-QOO, RO3311'DQ4-Ol9-0O0 and RO]311-D04- 020-000 as shown on Exhibit A attached hereto, and more specifically described as follows: Beginning ada point, that point being an existing iron pipe in the eastern right-of- way line of Hi hvvay117, |ocmUymamnedamCastleMayneRwad, saidbeaimn|m0point an iron pipe being located 318.8 feet north of point formed by the intersection of the eastern right-of-way of Hwy 117 and the northern rig line of State Road 1323, locally named North Kerr Avenue; thence running thence North86 degrees 3Qminutes East 29D.4feet tpan iron pipe, thence North 45 degrees East 165 feet to an iron pipe marking the northeast corner of the Farrow property as recorded in Deed Book 173 at Page 392;thence South 86 degrees 30 minutes West 139.8 feet to an iron pipe located in and marking the southeast corner of the Rhammes property as identified in Deed Book 1274 at Page 160; thence running North Ql degrees 00 minutes East 1U6.4 feet to a point in the northeast corner of the Rhames property as previously referenced;thence South 85 degrees 49 minutes West 150.6 feet to a point in the eastern right-of-way of Hwy 117; thence due westward 100 feet to a point in the western right-of-way Una of Hwy 117; thence southward along the western right-of-way line approximately 285 feet to a point in said right-mf-wa\Cthence east northeast 1O0 feet toa point in the eastern r|ght-of- vvmyNnaofHvvy117,saidpo|nt also being the point mfbeginning. The above description encompasses a total mf3.12 acres asfollows: Land area: 1.46 acres R/VVarea: 0.66 acres 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 isadopted 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 conditions also approved as part of this action, shall be in full force and effect from and after its Z-923, 11/12 Page adoption. Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that the zoning map amendments of approximately 1.46 acres of land and 0.66 acres of right-of-way from i R-20 Residential District and Airport Residential to Conditional Zoning B-1 Neighborhood Business District are: 3 Consistent with the purposes and intent of the Conditional Zoning District outlined in Section 59.10 and B-1 Neighborhood Business District outlined in Section 54 of the New Hanover County Zoning 5 Ordinance and the intent of the Transition classification of the 2006 CAMA Land Use Plan. i Reasonable and in the public interest to rezone 1.46 acres of land and 0.66 acres of right-of-way from R-20 Residential and Airport Residential property to Conditional Zoning B-1 Neighborhood Business property. php I 't I Section 5. The County Commissioners find that all of the specific requirements set forth in Section 59.10 and Section 54 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a CONDITIONAL DISTRICT ZONING BE GRANTED subject to the following conditions: i A. If any of the conditions imposed within this conditional district zoning shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 112 of the zoning ordinance. B. Additional Conditions include: i 1) Retail hours limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining residential property owners. 2) Specific land uses permitted limited to General Merchandise Stores and Miscellaneous Retail. } 3) The inclusion of a small wedge of land zoned AR Airport Residential located in the 3 northeastern corner of the property located at 2620 Castle Hayne Road. 4) Directional lighting installed to reduce light pollution on adjacent properties. 5) The creation of a five(5)foot easement fronting the property for a future sidewalk. 6) Approval of a septic tank permit thru the County's Environmental Health Department. 7) The mitigation of trees located on site in accordance with the Zoning Ordinance. Section 6. In accordance with Section 59.10-6 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. Section 7. 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 s hereinafter stated. F f { f Z-923, 11/12 Page 2 s • Adopted the 3'd day of December,2012. 1}NTY. Woody White, airman Ga 1 O Attest: O 3�Z a2 ,± Sheila L.Schult,Clerk to the Board Z-923, 11/12 Page 3