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2013-09-16 RM Exhibits EON Boo Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2013 PROCLAMATION WHEREAS, September 17, 2013 marks the two hundred and twenty-sixth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2013 be recognized as "Constitution Week" in New Hanover County and asks that citizens rearm the ideals the Framers of the Constitution had in 1787. ' RATIFIED this the 16th day of September, 2013. N N COUN Woody White, thai r ;I ATTEST: i A Sheila L. Schult, Clerk to the Board 0001,11, 11001111111%11IIIIIIIIIIIIII�111 0`111%11IIIIIIIIIIIIII�1111 0111 � Exhibi � Z `7l`,NiY,� Book, ��,��,��JJ Page1.�._ C } zz A Cn� NEW HANO VER CO UNT Y BOARD OF COMMISSIONERS r 2014 Agenda Review and Regular Meeting Schedules •Fy T'I�CI)tiCt� # Agenda Review Agenda Review Regular Meeting Regular Meeting Dates Meeting Times Dates I Meeting Times Location: NHC Gov't Ctr. Location: NHC Historic Conference Room 601 Courthouse,24 North 3rd Street Thursday,January 2 4:00 p.m. Monday,January 6 6:00 p.m. } Thursday,January 16 4:00 p.m. Tuesday,January� J Janua 21 9:00 a.m. Thursday,Januar 30 4:00 p.m. Monday, February 3 6:00 P.M.• } Thursday,February 13 4:00 p.m. Monday, February 17 9:00 a.m. Thursday, March 6 4:00 p.m. Monday,March 10 6:00 p.m. Thursday,March 20 4:00 p.m. Monday,March 24 9:00 a.m. Thursday,April 3 4:00 p.m. Monday,April 7 6:00 p.m. Thursday,April 17 4:00 p.m. Monday,April 21 9:00 a.m. r Thursday,May 1 4:00 p.m. Monda Y.May 5 6:00 p.m. Thursday, May 15 4:00 p.m. Monday,May 19 9:00 a.m. F Thursday, May 29 4:00 p.m. Monday,June 2 6:00 p.m. Thursday,June 12 4:00 p.m. Monday,June 16 9:00 a.m. Thursday,July 17 4:00 p.m. Monday,July 21 4:00 p.m.* Thursday,August 7 4:00 p.m. Monday,August 11 4:00 p.m.* Thursday, September 4 4:00 p.m. Monday,September 8 6:00 p.m. Thursday,September 18 4:00 p.m. Monday, September 22 9:00 a.m. Thursday,October 2 4:00 p.m. Monday,October 6 6:00 p.m. Thursday, October 16 4:00 p.m. Monday, October 20 9:00 a.m. Thursday,October 30 4:00 p.m. Monday,November 3 6:00 p.m. Thursday,November 13 4:00 p.m. Monday,November 17 9:00 a.m. Tuesday, November 25 4:00 p.m. Monday,December 1 6:00 P.M. Thursday,December 11 4:00 p.m. Monday, December 15 9:00 a.m. *4:00 p.m.start time to be adjusted according to number of agenda items Conference Dates NACo Legislative Conference,Washington,D.C. March 1-5, 2014 NACo Annual Conference,Orleans Parish/New Orleans,Louisiana July 11-14, 2014 NCACC Annual Conference,Location TBD (Tentative)August 21-24,2014 1 Exhibit Book Page 3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s)Description:Boundary Street, Kitty Hawk Drive, Orville Wright Way, Hall Watters Drive, and Flight Path Drive located within the North Kerr Industrial Park Complex in New Hanover County(Division File No. 1195-N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described rad(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 roads) 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 rad(s), and to take over the road(s)for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 16th day of September, 2013. WITNESS my hand and official seal this the 16th day of September, 2013. vNTY. GG } �O o Sheila L. Schult, Clerk to the Board 3 New Hanover County Board of Commissioners q- Frr�atisrt���� Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. NEW�HAN�OVE�RCO�UNT�YBO�ARD OF COMMISSIONERS Exhibit RESOLUTION OF THANKS AND APPRECIATION TOBOOk. Page SMART START OF NEW HANOVER COUNTY I WHEREAS, the New Hanover County Board of Commissioners recognizes the central role played by Smart Start of New Hanover County in providing funding and raising public I awareness of the importance of robust resources for children ages birth through five so that they will be ready for success in school; and i WHEREAS, Smart Start of New Hanover County and the New Hanover County Public Library were partners in the Smart Start Growing Readers early literacy teacher training and outreach service for eighteen and one half years from January 1996 through June 2013; and WHEREAS, during the time of that partnership funds provided by Smart Start of New Hanover County were instrumental in the development of a collection of more than 14,000 books and other resource materials appropriate for work in the early literacy development of children ages birth through five; and i WHEREAS, the New Hanover County Board of Commissioners has endorsed through funding in the budget for Fiscal Year 2013-14 their support for early literacy services provided by New Hanover County Public Library; and i WHEREAS, Smart Start of New Hanover County has generously stipulated at the termination of the Smart Start Growing Readers program that the aforementioned collection of more than 14,000 books and other age-appropriate resource materials are officially transferred to the ownership of the New Hanover County Public Library for its continuing work with early literacy j outreach and education services in New Hanover County I I NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners expresses its thanks and appreciation to the Board of Directors, the Executive Director, and the staff of the New Hanover County Partnership for Children for their donation. ADOPTED this the 16`" day of September, 2013. NEW H NOVE COUN i i Woody White airman ATTE I Sheila L. Schult, Clerk to the Board Exhibit �!I Book page 1L.LS c� } NEW HANOVER COUNTY airmvannce vNTY.� Ch BOARD OF COMMISSIONERS Beth Dawson Vice-Chair O 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jonathan Barfield,Jr. i WILMINGTON, NC 28403 Commissioner (910)798-7149 Brian M.Berger 3 2 (91 O)798-7145 FAX Commissioner a WWW.NHCGOV.COM Thomas Commissioner �ARLISHE.»>� Release of Levy for Tax Year 2003 Sheila L.Schutt Clerk to the Board Pursuant to NC GS 105-378 Limitation on use of remedies. (a) Use of Remedies Barred. —No county or municipality may maintain an action or procedure to enforce any remedy provided by law for the collection of taxes or the enforcement of any tax liens (whether the taxes or tax liens are evidenced by the original tax receipts, tax sales certificates, or otherwise) unless the action or procedure is instituted within 10 years from the date the taxes became due. Therefore, on this the 16t1i day of September 2013, Collector of Revenue, Michelle D. Harrell, asks the New Hanover County Board of County Commissioner's to release the levy for tax year 2003 from the charge as the 10 year Statute of limitations prohibits the Collector from using forced collection measures to collect these taxes. These amounts are deemed insolvent and uncollectible. 2003 Real Estate Personal Property Motor Vehicles Total New Hanover $ 8,658.81 $ 208,077.98 $ 149,519.71 $ 366,256.50 Fire District $ 266.89 $ 4,391.35 $ 4,114.52 $ 8,772.76 Carolina Beach $ 361.76 $ 8,248.88 $ 3,497.41 $ 12,108.05 Kure Beach $ 256.57 $ 633.68 $ 890.25 Wilmington $ 3,529.90 $ 94,753.79 $ 61,458.59 $ 159,742.28 Wrightsville Beach $ 81.68 $ 81.68 As requested the New Hanover County Board of County Commissioner's does hereby release the levy for tax year 2003 as stated above from the charge as the 10 year Statute of limitations prohibits the Collector from using forced collection measures to collect these taxes. These amounts are deemed insolvent and uncollectible. New Hanove County vNTY. y Woody Whit hairman 0 Z r z Attest: •FSTARIItiH��`� 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 1 Exhibi AGENDA: September 16,2013 Book Page -60L NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 014 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-014 be made to the annual budget ordinance for the fiscal year ending June 30,2014. 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 Ex enditure: Decrease Increase Health $51,751 Total $0 $51751 Revenue: Decrease Increase Health $51,751 Total $0 $51751 Section 2: Explanation The New Hanover County Health Department has been notified of an increase in the contract amount with New Hanover County Schools for the School Health Program.This additional revenue is for the provision of services by school nurses. Specifically,a new 32 hours per week school nurse position,based on contract requirements,will be created.The creation of this position will allow increased coverage at the schools and is fully offset by increased revenues.No matching county funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-014,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 16th day of September,2013. (SEAL) LQ LOAN Y I 'N'oA Woody White, airman O y ATTES O 7t, aL 2 ,l �,�L% Sheila L. Schult,Clerk to the Board ��du8H4.V I AGENDA: September 16,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 016 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-016 be made to the annual budget ordinance for the fiscal year ending June 30,2014. 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 Understand/act on citizen needs Fund: GENERAL Department:DSS Ex enditure: Decrease Increase DSS $34,685 Total $0 $34,695 Revenue: Decrease Increase DSS K $34,685 Total $0 $34,685 Section 2: Explanation To budget Federal Funding from Family Reunification Services for services and activities that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child,in order to facilitate the reunification of the child safely and appropriately within a timely fashion,but only during the 15-month period that begins on the date that the child is considered to have entered foster care.Program is 100%funded with federal funds. Eligible services and activities include: 1.Individual,group,and family counseling; 2.Inpatient,residential,or outpatient substance abuse treatment services; 3.Mental health services; 4.Assistance to address domestic violence; 5.Services to provide temporary child care and therapeutic services for families,including crisis nurseries; 6.Peer-to-peer mentoring and support groups for parents and primary caregivers. 7.Services and activities designed to facilitate access to and visitation of children by parents and siblings. 8.Transportation to or from any of the services and activities listed above. 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 14-016, ing the annual budget ordinance for the fiscal year ending June 30,2014,is dopted. Adopted,this l6th day of September,2013. (SEAL) vNTY. Woody White,Cha' an o 0 ATTEST: �Z Sheila L. Schult,Clerk to the Board Exhibit Book A& Page l�ea NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO PAY ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, Live Oak Bancshares, Inc., or its associated entities ("Company") proposes to expand its corporate headquarters and staffing in Wilmington, NC; and WHEREAS, the project will include facility expansion and hiring of additional employees; and WHEREAS, in connection with the development of the project, the Company shall invest at least 16 million dollars in the improvements and facilities that will be located on the property (collectively, the "Facility") and to employ 120 new hires, together with the current staffing over five years; and WHEREAS, payments for facility improvements and acquisition of personal property will be contingent upon securing a certificate of occupancy, bills of sale, and other appropriate documentation; and WHEREAS, under a required Incentive Agreement ("Agreement"), the County would agree not to award the economic development incentive grants until the Company reaches the jobs and facilities investment benchmarks, as those terms shall be defined in the required Agreement; and WHEREAS, the Company's location of the project at the Facility would, in addition to bringing the jobs described above, produce revenue for local business and the County due to the employment of individuals and the spending of the Company; and WHEREAS, the Company's investment at the Facility would substantially enhance the County's property tax base and increase the County's property tax revenues; and WHEREAS, the employment of 120 new full-time persons at the Facility would create jobs for the area and provide a positive economic impact for the County; and WHEREAS, pursuant to the provisions of North Carolina General Statutes §158- 7.1, this Board of Commissioners deems it is desirable and in the best interest of the County and its businesses and residents to offer certain economic development incentives to the Company and to enter into an Agreement with the Company; and WHEREAS, this Board of Commissioners has organized and approved the holding of a public hearing at the Board's September 16, 2013 regular meeting, to discuss and approve certain economic development incentives to the Company. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: 1. The Board of Commissioners approves appropriating and spending from the County's general fund amounts to make cash grants of $65,000 annually, totaling $325,000 over a period of five years, contingent upon the Company improving and equipping Facility costing at least 16 million dollars and hiring 120 new full- time employees in addition to the current staffing. 2. To implement these incentives, the Board of Commissioners hereby authorizes County staff to prepare an Incentive Agreement and authorizes the Chairman of the Board of Commissioners and/or the County Manager to execute that Incentive Agreement on the County's behalf and to take all actions necessary to implement the actions and grants required by that Agreement. 3. By and with the approval of the County Attorney, the Chairman and/or County Manager is hereby authorized, empowered and directed to do any and all other acts and to execute any and all other documents deemed necessary and appropriate to consummate the transactions contemplated by this Resolution, including without limitation to negotiate and approve changes to that Agreement's language that does not increase the amounts of the cash grants the County is required to pay the Company, or decrease the amount the Company is required to refund the County under the Agreement, except that none of the above shall be authorized or empowered to do anything or execute any document which is in contravention, in any way, of the specific provisions of this Resolution. ADOPTED this the 16th day of September, 2013. NEW HAN VER C TY vNTY. G0 + �O o 9 Woody White, C irman o 3�, z ATTEST: Sheila L. Schult, Clerk to the Board Zoning BMtage- AN Section ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 respectively and subsequently amended CASE:Z-927,08/13 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 4 are hereby amended by removing the hereinafter I described tracts from the Conditional Use District B-2 Highway Business Use District and placing them in a Conditional Zoning District B-2 Highway Business District, said land consisting of 9.4 acres being described legally as follows: Beginning at a point in the southwestern boundary of Carolina Beach Road, (U.S. Hwy. 421), a 140' public right-of-way; said point being located South 39 034'59" East, 804.97 feet from the intersection of the centerline of Carolina Beach Road with the southern boundary of Silver Lake Road, a 60' public right- of-way; and running thence from the point of beginning with the right-of-way of Carolina Beach Road, South 39 03459" East, 641.11 feet to a point;thence South 50 027'33" West, 636.64 feet to a point; thence North 39 034'39" West, 200.22 feet to a point; thence North 50 025'23" East, 83.25 feet to a point;thence North 39 036'02" West, 240.00 feet to a point; thence South 50 025'23" West, 190.00 feet to a point; thence North 39 034'37" West, 200.28 feet to a point; thence North 50 024'26' East, 743.43 feet to a point and place of beginning, containing 9.40 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map Area 4 on file in the office of the County Commissioners,so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. �I Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A- 341 that the zoning map amendment of approximately 9.40 acres of land from Conditional Use District B-2 Highway Business District to Conditional Zoning District B-2 Highway Business District is: Z-927,08/13 Page 1 N Consistent with the purposes and intent of the Conditional Zoning District outlined in Section 55.3 and B-2 Highway Business District outlined in Section 52.2 of the New Hanover County Zoning Ordinance and the intent of the Transition classification of the 2006 CAMA Land Use Plan. Reasonable and in the public interest to rezone 9.40 acres of land from Conditional Use District B-2 Highway Business District to Conditional Zoning District B-2 Highway Business District. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 55.3 and 52 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 ZONING DISTRICT BE 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) Maintain a 20' buffer yard to the rear/western portion of the property. 2) Lighting for the facility will be unobtrusive down lighting. 3) Maintain all existing fencing and landscaping. 4) The new storage building shall mimic the orientation, style, and configuration of the existing street-facing storage building(Building"H"). Section 7. In accordance with Section 55.3-6 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 8. 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. Z-927,08/13 Page 2 J Adopted the 16th day of September, 2013. Woody White,CI airman vNTY. G� E ti0 Attest: �z Sheila L. Schult, Clerk to the Board •�'TA81 I S Ht�� X0 Date I Z-927, 08/13 Page 3