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2013-05-06 RM Exhibits NEW HANOVER COUNTY BOARD OF COADUSSIONERS RESOLUTION Exhibit Book 1-YIEPage Z.,.L REVISING THE STRUCTURE OF THE COOPERATIVE EXTENSION ADVISORY COUNCIL BY THE ADDITION OF MEEMBERSHIP CATEGORIES WHEREAS, the Cooperative Extension Advisory Council was added to the Board of Commissioners application and appointment process for boards and committees on January 23,2006; and WHEREAS,the council is currently made up of sixteen At-Large members; and WHEREAS, the council would be more beneficial in its advisory capacity if appropriate categories of membership were defined for appointments; and WHEREAS, the proposed categories include one from each of these categories: Friends of the Arboretum,New Hanover County Master Gardener Association, 4-H Program Committee, Consumer Horticulture Program Committee, Family and Consumer Science Program Committee, Environment and Natural Resources Program Committee, Commercial Horticulture Program Committee, New Hanover County Administrative Team, City of Wilmington, Wilmington Housing Authority, Greater Wilmington Chamber of Commerce,New Hanover County Schools,New Hanover County Parks and Gardens, Cape Fear Community College, and University of North Carolina Wilmington; and eight to ten additional members of the community including representatives from: New Hanover Regional Medical Center,PPD, Coming, General Electric,Media, and At-Large. WHEREAS, the current council members would continue to serve, and the new categories filled by attrition; and WHEREAS, the Clerk's Office will work in conjunction with the Cooperative Extension Service Director to bring applicants forward for the Board's consideration to ensure that qualified candidates are able to represent the diverse categories proposed; and WHEREAS, when all categories become filled, the number of members would range between 23 to 25 members. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the new structure of the Cooperative Extension Advisory Council by the addition of membership categories. ADOPTED this the 6th day of May,2013. N O 0 RCO "11 0, 0 n 0 0 Woody White, Chaipman ro 3 ATTEST: Sheila L. Schult, Clerk to the Board NTY. NEW HANOVER COUNTY Woody White 0 Chairman BOARD OF COMMISSIONERS Beth Dawson Vice-Chair ath Z 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jon an Barfield,Jr. WILMINGTON, NC 28403 Commissioner (910)798-7149 Brian M.Berger Commissioner (910)798-7145 FAX EXhIbit WWW.NHCGOV.COM Thomas Wolfe Boo��Page"JjaCommissioner Sheila L.Schult RESOLUTION Clerk to the Board AWARD OF CONTRACT FOR AUDIO VIDEO REPLACEMENT, INSTALLATION AND SERVICES WHEREAS, a Request for Proposals (RFP) was solicited on March 20, 2013 to establish a contract through competitive negotiations to acquire the services of a contractor to provide the Audio Video Replacement, Installation and Services for the Emergency Operation Center; and WHEREAS, on April 12, 2013, two (2) proposals were received in response to the County's solicitation which included MTS Services and Accousticreations; and Accousticreations $188,348.73 MTS Services $192,857.52 WHEREAS, staff met to review and evaluate the proposals according to details received in the RFP and recommended that the contract be awarded to MTS Services for their expertise in structured cabling, equipment quality, experience with upfitting Emergency Operation Centers, and their 24 hour, seven days a week emergency service capability. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract for Audio Video Replacement and Installation, RFP # 32013 is awarded to MTS Services, and the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 6h day of May, 2013. NEW H OV R CO AIIHNI V R COX :OtATY JV 0 C; -e Irman o 0 Woody White, rman ATTEST: 3r Sheil'ft. 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. Adopted 612012011 Exhib Book V page T 3 NEW HANOVER COUNTY BOARD OF COMINUSSIONERS RESOLUTION AUTHORIMG THE PURCHASE OF A ROLL-OFF TRUCK AND TARPING SYSTEM FOR THE ENVIRONMENTAL MANAGEMENT DEPARTMENT'S RECYCLING PROGRAM WHEREAS, after due advertisement, bids were received and recorded by the Environmental Management Department at 2:00 p.m. on the 26b day of March 2013, at the administrative offices of the Department of Environmental Management, 3002 U.S. Highway 421 North, Wilmington, North Carolina, and seven(7)companies submitted eight(8) qualified bids plus the State of North Carolina contract pricing for the purchase of a roll-off truck and tarping system for the Recycling Program; and WHEREAS, a bid tabulation was completed for the eight (8) bids plus the state contract price as shown; and Bidder. Bid Amount(adjusted) Piedmont Truck Center $133,263.00 State Contract(Transource,Inc.) $136,807.67 Transource, Inc. $137,775.00 Carolina Environmental Systems $139,210.00 Advantage Truck Center $139,800.24 Transource,Inc. #2 $142,173.00 Palfleet Truck Equipment $142,444.80 MHC Kenworth Inc. $143,832.00 Peterbuilt of Columbia $152,517.00 WHEREAS, a bid evaluation was completed by staff; the selected unit will meet the needs of the department, and staff is confident in the dealer's ability to provide timely, reliable service and product support for the department; and WHEREAS, funds for this project are available in the 2013 fiscal year adopted budget for the Environmental Management Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the purchase of a roll-off truck and tarping system to MHC Kenworth, Inc., and that the County is hereby authorized and directed to issue a purchase order for this authorized purchase. ADOPTED this the 6b day of May,2013. NE H 0 b OUN Woody White, Sheila L. Schult,Clerk to the oaid Exh Ut Book�XWPage NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCHANGE OF SIX(6)HARLEY-DAVIDSON MOTORCYCLES V*`HEREAS, New Hanover County Sheriff's Office proposes to exchange six (6) used 2011 Harley- Davidson motorcycles with Vehicle Identification Numbers as detailed below; and IHDlFMM19BB669113 IHDlFMM10BB669937 IHDlFMM10BB670179 lHDlFMMl 1BB669283 1HDIFMMI 1BB670563 lHD1FMM1XBB630496 V4UREAS, Carolina Coast Harley-Davidson has offered a trade-in allowance of$73,795 for the six(6) used 2011 Harley-Davidson motorcycles;and VA[IEREAS,the total sales price for the(6)new motorcycles is$114,071 leaving the County a balance of $40,276 to acquire the(6)new 2013 motorcycles which covers the purchase and installation of additional equipment,set up and delivery,transfer of existing equipment and lettering for each new motorcycle; and VMEREAS, funds for the additional equipment and other expenses are available in the Sheriff's Office/Administrative Reserve account; and V*7HEREAS, budget amendments have been prepared to provide for the proper accounting of the transactions, increasing revenues and expenses by seventy-three thousand seven hundred ninety-five dollars($73,795)respectively; and WHEREAS, pursuant to General Statutes 160A-271, the Board of County Commissioners is authorized to approve this exchange. NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners that approval is granted for the exchange of the County's six(6)used 2011 Harley-Davidson motorcycles for six (6) new 2013 Harley-Davidson motorcycles. Approval is given for the payment of$40,276 for the purchase and installation of additional equipment, set up and delivery, transfer of existing equipment between the old and new motorcycles, lettering each new bike; and the related budget amendments are approved and County staff is directed to process any required documents to co ete the transaction. ADOPTED this 6th day of May,2013. W C Woody White,th o ATTEST: P Sheila L. Schult, Clerk to the Board Exhibif AGENDA: May 6,2013 Book Pagej—db NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 179 BE IT O by the Board of County Commissioners of New over County,North Carolina, that the following Budget Amendment 13-179 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County management Strategic Objective(s): Increase efficiency/quality of key business processes Fund: Department: Sheriffs OfficefUniform Patrol and Finance Ex nditu Dec se Increase Sheriffs Office/Uniforni Patrol: Capital Ouday/Motor Vehicle $13,559 Total so. $1 Revenue: Decrease Inc rea se ea Sheriffs Office/Uniform Patrol: Sale of Fixed Assets $13,559 Total so- $13 59 Section 2: Explanation To record the exchange of one(1)used 2011 Harley-Davidson motorcycle for one(1)new 2013 Harley- Davidson motorcycle. 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 13-179,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. Woody White,Cha" Sheila L. Schuh,Clerk to the Board Exhibit AGENDA: May 6,2013 Book�Xvl page NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 60 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-60 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency/quality of key business processes Fund: Department:Sheriffs Office/UnKerm Patrol Ex enditure: Decrease issrem Federal Forfeited ETpE!IX: Capital Outlay/Motor Vehicle $60,236 Total .......... _MP 36======= Revenue: Decnse Increase Federal Forfeited. Federal Forfeited Property $60216 Total $o $60,236 Section 2: Explanation To record the exchange of five(5)used 2011 Harley-Davidson motorcycles for five(5)new 2013 Harley- Davidson motorcycles. 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 2013-60,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. r N ON3 this 6th day of May,2013. 1 N S Woody White,Ch Schult,Clerk to the Board Exhibit ��V AGENDA: May 6,2p13 Book Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 201 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 13-201 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:Sheriffs Office EjUaLit.urv. aggrease Increase Sheriffs Office $15 00 Total so $1 Revenue: &Mreme h-crene Sheriffs Office $1,500 Total $o $1, 0 Section 2: Explanation To budget a grant award of$1,500 from the Good Shepherd Fund,a to organization promoting the G.R-E.A.T.(Gang Resistance Education and Training)program.The grant funds will be used to purchase supplies for the participants in the Safe Summer Camp.This program gives chiMm the life skills necessary to avoid involvement with drugs,gangs and violence.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 over County,North Carolina,that the Ordinance for Budget Amendment 13-201,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. A d,this 6th day of May,2013. 0,A)NTY. t 0 0 Woody White,Chatnan Sheila rpSchult,Clerk to the Board AGENDA: May 6,2013 E"hibit Book�Page NEW HANOVER COUNTY BOARD OF COMAUSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 203 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 13-203 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: Senior Resource Center Ex enditure: Decrease Increase Senior Resource Center $14,237 $0 77T"7Z7* Revenue: Decrease Increase Senior Resource Center $14,237 $o 7777-777 Section 2: Explanation This Budget Amendment will reduce expenditures and revenues for the Senior Resource Center.The reductions are due to Federal Sequester of Funding through June 30,2013 for Home and Community Care Block Grant(HCCBG)Funds.The$14,237 cuts could be absorbed through reduction in operating supplies and savings related to position turnover.No new clients are being served until the impact of the cuts can be assessed.Also,no new transportation clients are being added unless there is a dire situation(dialysis).Notice of the next phase of reductions(July through September)is expected shortly. The FYI 3-14 budget will be adjusted when the notice is received. 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 Nevy Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-203,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. ted,this 6th day of May,2013. G 0 Woody White,Chairm A Sheila L. Schult,Clerk to the Board AGENDA: May 6,2013 Exhibit NEW EL&NOVER COUNTY BOARD OF COMMISSIONERS Book X411 page AN ORDINANCE AMENDING TBE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 207 BE IT ORDAINED by the Board of County Carmaissioners of New over County,North Carolina,that the following Budget Amendment 13-207 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 Ex nditure° Decrease Inc se Social Services $97,917 Total $0, $97 Revenue: Decrease Increase Social Services $97,917 Total $97,917 Section 2: Explanation New Hanover County Department of Social Services has received approval from the Federal Administration for Children and Families to use$97,917 of Title IV-D incentive payments to implement a Fatherhood Support Program.The program will work with non-custodial fathers to increase child support payments through the improvement of father/child visitations and relationships and enhancing fathers'employability.This program requires no new County fimding,and will continue to operate so long as incentive funds are available from the Federal Government.This program was approved by the Board of County Commissioners at their meeting on April 8,2013. 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 over County,North Carolina,that the Ohlinance for Budget Amendment 13-207,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. C;0 0 Woody White,Ch She'a L. Schult,Clerk to the Board AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 210 Exhibit BookkXdt-Pagel-: BE IT ORDAINED by the Board of County Commissioners of New over County,North Carolina, that the following Budget Amendment 13-210 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: Environmental Management Department. Recycling Ea en iture: Decrease Inc g we Recycling $6,225 Total .1j,225 Revenue: Dec se Inc se Recycling $6,225 Total $0 M,225 Section 2: Explanation The NC Department of Environmental Health and Natural Resources has awarded a grant to Environmental Management in the amount of$6,225 to establish a collection program for mercury containing products,such as,CFL bulbs,ballasts,therinometm,and thermostats.This program will reduce health risks and diseases,and increase safety and security of the community.No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Co mmi sioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-210,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. HAL i 0 White , Wood White, irman Sheila L lerk-to the Board Exhibit AGENDA: May 6,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book l'age 1 . AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 213 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-213 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): Build/maintain infrastructure Fund:General Fund Department: Engineering Expenditure: Decrease Increase Engineering $250,500 Contingencies $250,500 Total Srni $250,500 Section 2: Explanation Funds are needed to process final change orders for the completion of Phase I of the Cobb Annex Repairs. Phase I includes investigation,review and desi yi of repair for the sample area related to the Restorative Masonry Veneer Project on the New Hanover County Judicial Building,known as Cobb Annex.These additional funds are for unforeseen conditions related to additional material testing,on site construction observation,project documentation and increased scope of work.This will complete Phase I of the Cobb Annex Repairs.It is anticipated this phase of the project will be completed August 1,2013 and cost $717,500.Prior to actions taken at this Board of County Commissioners meeting,the Contingencies balance is$305,389. 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 Amen ent 13-213,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. ft c, 4),), is. bin Woody White, iii s....07 ABLI • •••■& Sheila L.Sc i ult, lerk to the :oard AGENDA: May 6,2013 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book AKV—[ page 7±5--f AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 65 BE IT ORDAINED by the Board of County Commissioners of New over County,North Carolina, that the following Budget Amendment 2013-65 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: Health Department Renovations Department: Health Ex Decrease Increase Capital Project Expense S40,000 Total so 0, Agevenue.: Decrease Increase Cape Fear Memorial Foundation Grant S40,000 Total Section 2: Explanation The Cape Fear Memorial Foundation has awarded a grant to the Health Department in the amount of $40,000 to pay a portion of the$256,000 that is estimated for furniture and equipment for the newly renovated facility located in what was formerly known as Southeastern Mental Health Services.No County match is 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 over County,North Carolina,that the Ordinance for Budget Amendment 2013-65,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 6th day of May,2013. WWoodyy White,lChai Sheila 1,79chult,Clerk to the Board'- that May 2013 be recognized as Mental Health Month in New Hanover County. The Board calls upon / NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY IS MENTAL HEALTH MONTH Exhibit it Book Page PROCLAMATION WHEREAS, mental health is essential to everyone's overall physical health and emotional well-being; and WHEREAS, mental illness will strike one in four Americans in a given year regardless of age, gender, race,ettinicity,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 three of those experiencing homelessness also suffer from severe mental illness; and 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; 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 eliminate the stigma associated with seeking mental health services. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners / citizens, government agencies, public and private institutions, businesses, and schools in New Hanover County to recommit to increasing awareness and understanding of mental illness and the need for accessible services for all people who suffer from mental disorders. ADOPTED this the 6th day of May, 2013. Sheila L. Schult,Clerk to the Board Exhibit Book�X�U Page J@, -NEW HANOVER COUNTY BOARD OF COMMISSIONERS WOMEN OF ACHIEVEMENT MONTH PROCLAMATION WHEREAS,women are prominent business owners and officials in our community; and or WHEREAS, women hold executive positions and provide leadership to achieve success f businesses and organizations; and WHEREAS, women are primary caregivers. to family members in addition to their roles in the public sector; and WHEREAS, many of these women's accomplishments have benefited our area's business, educational service, cultural, and volunteer endeavors; and WHEREAS,women's achievements have brought positive change and collectively reward us all with an improved quality of life; and WHEREAS,' in recognition of these accomplishments the 29h Annual YWCA Cape Fear Women of Achievement Awards will be held at the Wilmington Convention Center on May 9. 2013. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2013 be recognized as "Women of Achievement Month" in New Hanover County. ADOPTED this the 6'h I day of May, 2013. MH&A9ER TTY Wood Chairman ATTEST: r\ Sheila L. Schult, Clerk to the Board Z::,j Exhibit ) ` Book X l Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS I PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community I character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "See! Save! Celebrate!'° is the theme for National Preservation Month 2013, cosponsored by Historic Wilmington Foundation and the National Trust for Historic I Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2013 be recognized as "Preservation Month" in New Hanover County and that the people of New Hanover County are called upon to join their fellow citizens across the United States in recognizing and participating in this special observance. t s ADOPTED this the 6tn day of May, 2013. ww � O ER O. T Woody Whit Ch rman ! ATTEST. � d She L. Schult, Clerk to the Board ' � e r, 3 i t X3NTY. NEW HANOVER COUNTY woocly White G O Chairman 0 0 BOARD OF COMMISSIONERS Beth Dawson 0 A A Vice-Chair Z 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jonathan Barneld,Jr. > Commissioner ;0 WILMINGTON, NC 28403 10 (910)798-7149 Brian M.Berger Commissioner VIA aZ (910)798-7145 FAX Exhibit Thomas Wolfe WWW.NHCGOV.COM BookX�V Pagel Commissioner Shelia L Schutt Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, No Carolina General Statute 105-286 requires the Board of County Commissioners to adopt an effective date for the next countywide revaluation which must be conducted every eight years or sooner; and WHEREAS,the last countywide revaluation was effective on January 1,2012; and WHERAS, the New over County Board of Commissioners adopted a resolution to advance the countywide revaluation to be effective January 1, 2012 on April 6,2010. NOW THEREFORE,the New Hanover County Board of Commissioners hereby resolves that the next countywide revaluation be postponed and be effective January 1,2017. ADOPTED this the 6h day of May, 2013. NE VE CO IFY 0 0 71 Woody WhitwCh.-erman 0 r � A%E1 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. Adopted 612012011 COUNTY OF NEW HANOVER SUP Book—Lv—Page STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Telecommunications Tower(165') in a R-15 Residential Zoning District S-614 (04/13) The County Commissioners for New Hanover County having held a public hearing on May 6, 2013 to consider application number 5-614 submitted by Thomas Johnson on behalf of Tung Lam Buddhist Temple to establish a telecommunications tower at 6115 Gordon 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 conditions: A. That the applicant shall fully comply with all of the specific requirements stated in Section 71 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 shall become void and of no effect. D. Additional Conditions: 1. The "fall zone" will be adjusted to mitigate concerns with the church playground located nearby. 2. AT&T will be the first designated locator on the tower. A map will be required displaying the five future locators. Page 1 of 4 Ordered this 6t"day of flay, 2013. Woody W ite, Chairman Attests q Sheila L. Scult, Clerk to the Board Date Page 2 of Findings of Fact: (in Accordance with Section 71 of the New Hanover County Zoning Ordinance) Fin in 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. The subject property is located in the New Hanover County Fire Service District, north area. B. The site is not located within a flood hazard area. C. Access to the site will be from the Tung Lam Buddhist Temple parking lot. A 20' utility easement will extend from Gordon Road to the site. D. The parcel includes an existing church just west of the proposed facility that is located outside of the proposed fall zone as shown on the engineer sealed site plan. E. Between 1-40 and Market Street, Gordon Road carries an average of 22,817 vehicle trips per day. Level of service (LOS) on the road segment is F, meaning that traffic counts exceed the design capacity of the roadway. Trip generation is eight (8) vehicles at peak hours in the a.m. Fin : The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The applicant is proposing to construct a 165' monopole style wireless communications tower east of an existing church in a heavily wooded area. The facility will contain an eight (8') foot security fence around the 100' x 100' perimeter. B. The proposed setbacks exceed the minimum requirements of 165' from any residential property line or zoning district as outlined in Section 63.5- 1(A). C. The Federal Aviation Administration conducted an aeronautical study under the provisions of 49 U.S.C. Section 44718 and Title 14 of the Code of Federal Regulations, part 77. The study revealed that the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. Within five (5) days of completion of construction, the applicant is required to submit the FAA Form 7460-2, Notice of Actual Construction or Alteration to the FAA. D. Applicant provided a map and a report showing the search ring for an inventory of all structures investigated for collocation. No structures existed that could be utilized for the proposed tower. The proposed 165' tower will provide locations for at least six additional future users. E. David Herring signed a written affidavit dated March 6, 2013, outlining his 18 years of experience within the tower industry and certifying the construction or placement of the tower meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy of Page 3 of 4 1969, FCC Rules and other applicable federal, state, and local laws. The affidavit further certifies that the radio frequency emissions from any antenna array(s) on the tower and any associated facilities will comply with FCC standards, individually and cumulatively. F. A sealed landscape plan has been provided by the applicant in accordance with Section 63.5-1(C) of the Zoning Ordinance. Existing vegetation will remain to meet landscaping requirements. G. Parking will be available for service technicians from the Tung Lam Buddhist Temple parking lot. H. The applicant provided an engineer sealed site plan which illustrates a fall zone not to exceed 122' as required per Section 63.5-1(B)(1). I. The applicants provided simulated photographic evidence of the proposed appearance of the tower from four vantage points in accordance with Section 63.5-1(B)(2). Fin : 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. The location and character of the use according to the site and landscape plans will be in harmony with the area. The site will only be cleared to accommodate the construction of the facility. F! :The Board must find that the location and character of the use if developed according tote In a s s ubmitted and approved will be in harmony with the area in is it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAA Land Use Plan shows the land classification as Urban. The purpose of the Urban classification is to provide for the continued intensive development and redevelopment of existing urban areas. B. The subject property is zoned R-15 Residential. Special Use Permits are required for telecommunication tower proposals. Page 4 of 4 Zonin, Book sedon AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 10A AND AIRPORT RESIDENTIAL OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1971 AND October 4, 1976 and subsequently amended CASE: Z-923M, 04/13 (General Merchandise/Retail) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Maps of Zoning Area 10A and Airport Residential are hereby amended by modifying the hereinafter described tract from the R-20 Residential District and Airport Residential District and placing it in a Conditional Zoning B-1 Neighborhood Business District, said land being described as follows: Being All That Tract or Parcel of land containing all of the lands located on the east side of Castle Hayne Road (US Hwy 117) in Cape Fear Township, New Hanover County, North Carolina formerly conveyed to Bladenboro Properties, LI-C (Deed Book 5669, Page 1317) and Mable L. Farrow Cash (Deed 173, Page 392) and including the full width of Castle Hayne Road right-of-way (from east side to the west side) and immediately adjacent to said property; BEGINNING at the iron pin located in the eastern right-of-way line of U.S. Highway 117/NC Highway 133 (100' ROW),said iron pin being located North 00 degrees 02 minutes 40 seconds East 949.58 feet from NCGS Monument"Eric"; Thence from said point and place of BEGINNING and with the eastern line of U.S. Highway 117 / NC Highway 133 (100' ROW) North 02 degrees 33 minutes 01 seconds West 165.00 feet to an iron pipe located at the southwest corner of the property owned, now or formerly, by Isaac Rhames and Sylvia Rhames (Deed Book 1274, Page 160); Thence with the southerly line of Rhames and continuing with the southern line of property owned, now or formerly, by Fred Austin McDowell and Shelvia S. McDowell (Deed Book 971, Page 705) North 81 degrees 50 minutes 49 seconds East 260.13 feet to an iron pipe located at the northwest corner of property owned, now or formerly, by Janet Herring Williams, et al (Book 958, Page 925); Thence with the western line of Williams the following two courses and distances: (1)South 09 degrees 33 minutes 22 seconds East 75.10 feet to an iron pipe and (2) South 03 degrees 56 minutes 10 seconds East 93.34 feet to an iron pipe located in the northeast corner of property owned, now or formerly, by Herbert L.Smith,Jr. and Cynthia W. Smith (Book 4571, Page225); Z-9231!/1, 04/13 Page 1 Thence with the northern line of Smith South 82 degrees 40 minutes 52 seconds West 271.24 feet to the point and place of BEGINNING and containing 1.022 acres more or less as shown onthe map entitled "ALTA/AC8M Land Title Survey No.o2616 & 2620 Castle Hayne Road, N[ Highway 133 & U.S' Highway 117" prepared by Parannounte Engineering, Inc. dated January 24, 2013, Job No. 12263, reference to which is hereby made for a more particular description. 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 the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, Worth Carolina, and subject to the conditions also approved as part of this action, shall bein full force and effect from and after its adoption. Section . The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that the zoning map amendments ofapproximately 2.06 acres of land and right-of-way from R- 20 Residential District and Airport Residential to Conditional Zoning 0-1 Neighborhood Business District is: Consistent with the purposes and intent of the Conditional Zoning District outlined in Section 55.3 and 8'1 Neighborhood Business District outlined in Section 52.lof the New Hanover County Zoning Ordinance and the intent of the Transition classification of the 2006 CAK4A Land Use Plan. Reasonable and in the public interest to rezone 2.06 acres ofland and right-of- way from R-20 Residential and Airport Residential to Conditional Zoning District B-1 Neighborhood Business property. Section . The County Commissioners find that all of the specific requirements set forth in Section 55.3 and 52.1 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. |T0 ORDERED that the application for the issuance ofaCONDITIONAL ZONING DISTRICT QE GRANTED subject to the following conditions: A. if any of the conditions imposed within this conditional zoning district 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: 1\ Retail hours limited from 9:80 a.no. tn 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 anoal| wedge of land zoned AR Airport Residential located in the 3-923M, 04/l3 Page ` no/theaotemncommeroftheproperty|ocatedat262OCaut|eHayneRoed. 4\ Directional lighting inxta||ed1oreduce |ightpoUutiononadQaosntpmoperties. 5) The creation of a five (5')foot easement fronting the property for ofuture sidewalk. 6) Approval of a septic tank permit 1hpu 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 hereinafter stated. � Adopted the 6 m day of May, 2Q13. Woody Whit imman Attest: Sheila L.Schult, Clerk to the Board Z-923M, 04/13 Page 3