2008-11-10 RM ExhibitsNEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
(910) 798-7149 (9101 798-7145 FAX WWW.NH000V.COM
Robert G. Greer, Chairman William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board
Exhibit 3 pa e ~~~
Boak ._._~._ 9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
TO DELEGATE HIRING AUTHORITY FOR AN AREA DIRECTOR TO THE SOUTHEASTERN
CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITY, AND SUBSTANCE ABUSE
SERVICES AREA BOARD
WHEREAS, the current Area Director for the Southeastern Center will retire December 31, 2008; and
WHEREAS, the Area Board has established a search committee that includes area board members, county
commissioners, county managers [representatives], and a Health and Human Services secretary representative; and
WHEREAS, G S. 122C-117(7) establishes the Area Board as the responsible body for appointing an Area Director;
and
WHEREAS, G.S. 122C-121 conditions the appointment of the Area Director to the approval of the county
commissioners unless said authority is waived by the county commissioners; and
WHEREAS, the Area Board would like to select and appoint its next Area Director before the current Area Director
retrres; and
WHEREAS, the Area Board Chair has requested the Brunswick, New Hanover, and Pender county commissions to
delegate its approval authority to the Area Board.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby
delegate its approval authority to the Southeastern Center Area Board as requested by the Area Board Chair.
ADOPTED this the l 0`" day of November, 2008.
NEW ER COUNTY
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RESOL~J'T10N
DE5TGNATION OF APPLICANT'S AGENT
North Carolina Division of Emersenc Management
Organization Name ( ereafter named Or anization Disaster Number:
~r~' r-W~-~vd vL~ ~ouN~i I ~~ r
Applicant's State Cognizant Agency for Single Audit purposes (lf Cognizant Agency is not assigned, please indicate):
Applicant's Fiscal .Year (11') Stan ) '
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Applicant's Federal Employer's Identification Number
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rocessing Standards (PIPS) Number
Applicant's Federal Information P
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PRIMARY AGENT ~ SECONDARY AGENT
Agent's Name
A ent s Name w~~~ ~~~
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Facsimile Number
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BE tT RESOLVED BY the governin¢. body oCthe Organization (a pubGe entity duly organized under the laws of the State of North Carolina) .
that the above•aamed Primary and Secondary Agents are kereby audtarised to execute and file appGcatioas for ieiferal and/or state assistance on
behalf of the Argaairation for the purpose of obtaining certain state and federal financial assistance under the Robot T. Staffaid Disaster Relief
do Emergency Assistance Act, (Public law 93-288 at amended) or u otherwise available: BE IT FURTHER RESOLVED that the above named
agents are authotized to rtptrseat and act for ffie Organiation in all dealings with the State of North C'arolias and the Federal Emergency
Management Agency for all matters pertaining to such disaster assistance required by the grant agreerneats and the assurartca printed on the
reverse aide herwL BE iT FINALLYd~ESOL THAT above-named agents nre authorized to aci severally. PASSED AND
APPROVED this da of ~lll ,?A.Q.
VERNING BODY CERTIFYING OFFICIAL
Name an T' _ N
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Name and Title Daytime Telephone
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CERTIFICATION
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AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-067
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-067 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section ]: Details of Budget Amendment:
Fund: General Fund
Department: Health /Child Health
Ex enditure: Decrease Increase
Child Health:
Contracted Services $2 500
Su lies 2,500
Total $5 000
Revenue: Decrease Increase
Child Health:
G1axoSmithKline Award Grant $5,000
Total $5 000
Section 2: Explanation
The New Hanover County Health Department is a recipient of the 2008 G1axoSmithKline Child Health
Recognition Award. Funds will be used for professional services for medical, mental health, or optometry
(including glasses) for children who are uninsured and low income, educational materials and brochures.
Referrals will come from school nurses, school mental health counselors, or the community. No matching
funds 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 09-067, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this _~day of , 2008.
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Sheila L. Schutt, erk to the Board
>=xhibit
Book ~_ Page .~,5~,..'~-
AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-073
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-073 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section ]: Details of Budget Amendment:
Fund: General Fund
Department: Museum Design Master Plan
Ex enditure: Decrease Increase
Museum Desi n Master Plan:
Contracted Services $100 000
Total $l00 000
Revenue: Decrease Increase
Museum Desi n Master Plan:
Institute for Museum & Libra Grant ILMS $]00,000
Total $100 000
Section 2: Explanation
The Institute for Museums and Library Services -Museums for America 2008 Grant for $150,000 was
awarded in support of the third phase of implementation of the Museum's Exhibit Design Master Plan.
Only $100,000 will be budgeted for FY08-09 and the remaining $50,000 will be budgeted in the FY09-10
budget.
Funds will be used for the design, fabrication, and installation of a 2,000 square foot exhibit (Forest
Exhibit) that will be part of the core Museum experience for the next 10 to 15 years. The Forest exhibit will
cover the period from pre-history thru the end of the American Revolution.
Escrow funds will be used as a match requirement (refer to BA 09-083 in this agenda). Permission to apply
for the grant and to receive funds was approved on the November 5, 2007 agenda.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
North Carolina, that the Ordinance for Budget Amendment 09-073, amending the annual
for the fiscal year ending June 30, 2009, is adopted.
this ~~day of ~~_, 2008.
Robert G. Greer, Chairman
ATT ST:
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Shei a L. Schuh, Clerk to the oard
NOW,
Exhibit
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AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-083
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-083 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Museum Design Master Plan
Ex enditure: Decrease Increase
Museum Desi n Master Plan:
Contracted Services $60 000
Total $60 000
Revenue: Decrease Increase
Museum Desi n Master Plan:
Proceeds from escrow $60,000
Total $60 000
Section 2: Explanation
A donation of $100,000 was made to the Museum by the David Swain family to use to enhance
Museum exhibits. Although this donation was acknowledged with a plaque for the Arrivals (new
orientation) exhibit and lobby, the actual funds were used to leverage the IMLS grant (refer to
BA 09-073 on this agenda), knowing that both funding sources would be needed to accomplish the
goals for this exhibit. This money has been held in an escrow account for the Museum. We only
need to budget $60,000 of the escrow funds at this time.
Funds will be used for the design, fabrication, and installation of a 2,000 square foot exhibit
(Forest exhibit) that will be part of the core Museum experience for the next 10 to IS years. The
Forest exhibit will cover the period from pre-history thru the end of the American Revolution.
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 09-083, amending the annual
budget ordinance for the1 Ifis~,r"coal year ending June 30, 2009, is adopted.
NTY~N ~
\O dopted, this day of u , 2008.
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Robert G. Greer, Chairman
erk to
Exhibit
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AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-076
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-076 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section I: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Day Treatment
Ex enditure: Decrease Increase
Juvenile Ps cholo ical Services:
Salaries and Wa es $18 405
Juvenile Justice Delin uenc Prevention:
LINK $43,743
Juvenile Da Treatment:
Salaries and Wa es 338
Total $43 743 $18 743
Revenue: Decrease Increase
Juvenile Ps cholo ical Services:
De t of Juvenile Justice Grant $43,405
Medicaid:
Title XIX Fees $25 000
Juvenile Justice Delin uenc Prevention:
De t of Juvenile Justice Grant 43,743
Juvenile Da Treatment:
De t of Juvenile Justice Grant 338
Total $68 743 $43 743
Section 2: Explanation
To adjust budget to actual grant award from Department of Juvenile Justice and to reduce Medicaid
revenues.
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 09-076, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
p , 2008.
f~~
Robert G. Greer, Chairman
Exhibit ~ ~ ~d
Book ~.l.._ Page ____~
AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-079
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-079 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Men's Preventive Health
Ex enditure: Decrease Increase
Men's Preventive Health:
Salaries & Wa es $8 791
Tem ora Salaries 23,581
FICA 2,476
Retirement 430
Lon Term Disabili 24
Contracted Services 14,698
Total $50 000
Revenue: Decrease Increase
Men's Preventive Health:
Ca e Fear Memorial Foundation $50 000
Total $50 000
Section 2: Explanation
To budget funds received from Cape Fear Memorial Foundation for the Men's Preventive Health
Program. The program will address the leading causes of morbidity and mortality in New Hanover
County: heart disease, stroke, and cancer. Men's health fairs would be held at community sites for
the target population of low income, uninsured and underinsured men.
Funds will be used for a temporary nurse to perform coordination and follow-up of medical issues
for men. Also included is an increase in hours for administrative support. Contract services will be
paid for follow-up treatment or lab testing for patients without insurance to cover their medical
needs. No County match required. There is no requirement that the program be continued when
the grant period is complete.
Grant application was approved at the July 21, 2008, County Commissioners meeting.
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 09-079, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
NTH Np~ Adopted, this ~~ day of _~p ,~~, 2008.
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Robert G. Greer, Chairman
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AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-080
Exhibit ~ ~,,,~~
Book ~~Page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-080 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management
Ex enditure: Decrease Increase
Emer enc Mana ement:
Safet E ui ment $40 000
Total $40 000
Rescue Grant
Total
Section 2: Explanation
The North Carolina Department of Crime Control and Public Safety has allocated an additional $40,000 in
grant funding to New Hanover County for the purpose of urban search and rescue (USAR) equipment for
designated response units. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-080, amending the annual
b~ud`get ordinance for the fiscal year endinyg~ June 30, 2009, is adopted.
lopted, this ~~~ day of t \~~ t`w~~n, , 2008.
Robert G. Greer, Chairman
to
Exh~bR
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AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-077
BE IT ORDAINED by the Board of County Commissioners of New Ilanover County, North
Carolina, that the following Budget Amendment 09-077 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff s Office
Ex enditure: Decrease Increase
Sheriff's Office /Uniform Patrol:
Ca ital Outla -Motor Vehicle $50 000
Total $50 000
Revenue: Decrease Increase
Sheriff's Office /Administration:
ABC Fees $50,000
Total $50 000
Section 2: Explanation
To budget additional ABC revenue for vehicles.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
0
ti
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-077, amending the annual
bud ordinance for the fiscal year ending June 30, 2009, is adopted.
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}r ~ ~ted, this ~,0~' day of `~ \ ~ J~ , 2008.
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Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Exhibit
Book ~ Page ~ ~ ~~
AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-31
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-31 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff's Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Su lies $1790
Total $1 790
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $1,790
Total $1 790
Section 2: Explanation
To budget 10/22/08 receipt. Controlled Substance Tax funds are budgeted as received and must be
used for law enforcement as the Sheriff deems necessary.
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 2009-31, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
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G ~ '1~opted, this ~_day of , 2008.
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Robert G. Greer, Chairman
to
Exhibit
Book Page ~ . h
AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-32
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-32 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff s Office
Ex enditure: Decrease Increase
Federal Forfeited Pro e
Su lies $5 535
Total $5 535
Revenue: Decrease Increase
Federal Forfeited Pro er
Federal Forfeited Pro ert $5,535
Total $5 535
Section 2: Explanation
To budget 10/23/08 receipt. Federal Forfeited Property funds are budgeted as received and must
be used for law enforcement as the Sheriff deems necessary.
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 2009-32, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
. ~~
~~~, 2008.
~~
Robert G. Greer, Chairman
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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WILMINGTON CIVITAN DAY Exhibit
PROCLAMATION Book 3,~,p~tQa~,: ~
WHEREAS, the Wilmington Civitan Club was chartered on November 22, 1938 by Civitan
International; and
WHEREAS, hundreds of Wilmington Civitan Club members have worked over the past 70 years to
make their community a better place in which to live; and
WHEREAS, Civitan promotes good citizenship and challenges all to regard citizenship as a
privilege and responsibility; and
WHEREAS, Wilmington Civitans have contributed thousands of dollars and hundreds of volunteer
hours to help people with disabilities; and
WHEREAS, Wilmington Civitans have provided tens of thousands of dollars in scholarships for
local high school students to further their education; and
WHEREAS, the Wilmington Civitan Club has promoted meaningful involvement in community
organizations such as Laney High School 3unior Civitan Club, New Hanover County Special
Olympics, the Boys and Girls Homes at Lake Waccama~°, Good Shepherd shelter for the homeless,
the Salvation Army bell ringers, WHQR's annual telethon, Relay for Life, and Civitan Alley.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 21, 2008 be recognized as "Wilmington Civitan Day" in New
Hanover County, and that all residents are encouraged to actively support and take pride in the
worthwhile efforts of this international service organization, and especially in the work of Civitans in
our community.
ADOPTED this the l 0`h day of November, 2008.
NEW HANOVER COUNTY
~~~
Robert G. Greer, Chairman
A TE T:
Sheila L. Schult, Clerk to the Board
:'_
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FAMILY CAREGIVERS MONTH EXhlbit
PROCLAMATION Book .s~_.( _Page,
WHEREAS, the State of North Carolina is joining the Nation in declaring November as Family
Caregivers Month 2008 to honor and support the tremendous contributions family caregivers make
every day and to spotlight the fact that most people who need care rely on family and friends for their
support; and
WHEREAS, according to the North Carolina Department of Health and Human Services, almost one
in two adult North Carolinians are caring for someone with a memory disorder, and more than one in
four are caring for a person over age 60; and the number of people age 70 and above who need
assistance because of activity limitations is expected to grow substantially during the next decades;
and
WHEREAS, North Carolina's caregivers are diverse in their characteristics and circumstances but
share the common goal of enabling their family member or friend to function in the community
whenever possible and should be able to enter into care giving with the knowledge and assurance that
they can call upon the business, faith, and health and human service communities to assist with
information, counseling, respite, and formal services when needed; and
WHEREAS, many businesses are realizing the value in providing support to employees who are
family caregivers because family care giving often comes with great personal sacrifice in terms of
job and financial security, social life, and physical, mental and emotional health; and
WHEREAS, the North Carolina Division of Aging and Adult Services, the area agencies on aging,
and many other human service agencies are committed to increasing the awareness of caregivers'
needs and continue to work to meet these needs.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 2008 be recognized as "Family Caregivers Month" in New Hanover
County. All citizens are urged to acknowledge and support family, friends, and neighbors who are
helping our older and disabled citizens. Support of family caregivers is not only the right thing to do
but also an essential inveshnent for the future of North Carolina's long-term care system.
cU
ADOPTED this the 1 Ot" day of November, 2008.
Exhibit
Book 3~r,Page ~ ?.M ~~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a
beautiful way to build a family; and
WHEREAS, adoption is the goal for many special needs children in foster care; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and
behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused
and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together.
They need our care and they need security; and
WHEREAS, there are over 50 children in New Hanover County waiting for adoptive families and
many other children are in the legal process of being cleared for adoption; and
WHEREAS, many children find permanent homes through adoption by their foster families, thereby
creating an ongoing need for new foster and adoptive families.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 2008 be recognized as "Adoption Awareness Month" in New
Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment
to children. Furthermore, we encourage our community to honor the special needs of New Hanover
County's children in hopes of securing a permanent, loving family for each and every child
regardless of race, age, gender, health, emotional or behavioral condition or past distress.
ADOPTED this the 10`h day of November, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
E T:
Sheila L. Schuh, Clerk to the Board
[7~ c~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ST. ANDREWS-COVENANT PRESBYTERIAN CHURCH
ANNIVERSARY PROCLAMATION
Exhibit
Book 3 ~ ,_ Page
1
WHEREAS, St. Andrews-Covenant Presbyterian Church was established in 1858; and
WHEREAS, the church has a proud heritage of service to New Hanover County and has been an
important part of its history; and
;,
WHEREAS, 2008 marks the 150th anniversary of the church; and
WHEREAS, an evening birthday celebration will be held on Wednesday, November 12, 2008
highlighting the church's outreach agencies; and
WHEREAS, an Anniversary Celebration Event will be held on Sunday, November 16, 2008 at 10:30
a.m. at St. Andrews-Covenant Presbyterian Church.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 10-16, 2008 be recognized as "St. Andrews-Covenant Presbyterian
Church Week" in New Hanover County.
ADOPTED this the 10th day of November, 2008.
~,.~"`'`~" NEW HANOVER COUNTY
~~`
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~~. ~ ~ ~ ~ Robert G. Greer, Chairman
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~ Sheila L. chult, Clerk to the Board
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Exhibit
Book Page
AGENDA: November 10, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-078
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-078 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Women, Infants & Children
Ex enditure: Decrease Increase
Health /Women Infants & Children:
Salaries & Wa es $17 486
FICA 1,016
Retirement 444
Medical Insurance 7 195
Lon Term Disabilit 73
Total $26 214
Revenue: Decrease Increase
Health /Women, Infants & Children:
Woman Infants & Children Grant $26,214
Total $26 214
Section 2: Explanation
To budget additional funds received to support the increased caseload that exists. Funds will be
used to increase Nutritionist services to meet the mandated requirements to provide client services
for those who are eligible.
Funds will cover the cost of increasing one Nutritionist regular position from part-time to full-time
and one current Administrative Support Technician temporary position to regular position with
benefits. No match 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 09-078, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
NTy, Adopted, this day of , 2008.
lO ~l1L~ Y
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Robert G. Greer, Chairman
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Shea a L.~ Schult. Clerk to
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~
`' RESOLUTION
I, REQUESTING LEGISLATION TO AMEND SENATE BILL 3, 2007 SESSION 'I
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WHEREAS, Senate Bill 3, enacted in the 2007 Session of the General Assembly, sets forth various ~ ~I ~~
~ I incentives to benefit production of renewable energy and energy efficiency; and ~,
WHEREAS, said legislation does not specifically address awaste-to-energy facility utilizing municipal
!solid waste to produce electricity as an undertaking qualifying for the favorable treatment; and ~~
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~' WHEREAS, such waste-to-energy facilities have been recognized by the Federal government and
rofessi oval en ineerin associations, environmentalists and numerous states as renewable ener
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~ ' ~,~ qualifying for beneficial treatment; and 'I ~'i
WHEREAS, New Hanover County WASTEC is awaste-to-energy facility, and as the only such I '
operation in North Carolina, has been an innovator in this area of renewable energy; and ~ ',
WHEREAS, Senate Bill 3 codified as Chapter 62 of the General Statutes, should be amended to ~' I
specifically add waste-to-energy facilities as qualifying renewable energy activities; and ' ' I,
WHEREAS, such designation would significantly enhance public revenue derived from electricity
generated by WASTEC.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
a request be made to the local delegation to introduce and promote a legislative amendment conferring
upon New Hanover County WASTEC, or similar facilities, the benefit of renewable energy treatment as
set forth in Chapter 62 of the General Statutes.
ADOPTED this the l Ot~ day of November, 2008.
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NEW HANOVER COUNTY
Robert G. Greer, Chairman
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 1969, UPDATED APRIL 2008
A-371 (5/08)
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:
ADD to Section 23. DEFINITIONS
SENIOR LIVING OPTIONS
Active Adult Retirement Community or Independent Livin Fg acility - A housing development
that may contain a variety of housing types designed for and restricted to occupancy by
households having at least one member who is 55 years of age or older, living independently.
Facilities and services would typically include features such as: security; lawn and building
maintenance; wellness, fitness, or spa services and facilities; central meeting areas; programmed
recreation or social facilities and activities; communal garden spots; AARP Universal Design or
other similar characteristics. Minimal supportive services may also be offered to residents in
senior apartment facilities.
Continuing Care Retirement or Life Care Community - A residential community that
accommodates changing lifestyle preferences and health care needs and offers several levels of
assistance, including all of the following: independent living, assisted living and nursing home
care. It provides a written agreement or long-term contract between the resident and the provider
community which offers assurance of a continuum of housing, services and health care, most
commonly all on one campus, and frequently lasting for the resident's lifetime.
Assisted Living or Personal Care Facility - A managed facility providing personalized supportive
services (personal care) to seniors who need help with the activities of daily living. These
facilities make available at a minimum, one daily meal and housekeeping services, and also
provides personal care directly or through a formal written agreement with a licensed care agency
or hospice. Personal care services are services typically provided to individuals with infirmities or
limitations and commonly includes assistance with eating, bathing, dressing or walking as well as
medication management, personal laundry service and other individualized services. Personal
care would not normally include general transportation, social or recreational offerings nor
exercise, salon or spa services, although any of these services could be offered in addition to
personal care.
Nursing Home or Rehabilitation Center - A licensed facility for chronic or convalescent patients
who have remedial ailments or other ailments for which continuing medical and nursing care are
indicated but who do not require general hospital care.
Add SECTION b9.4-1
SENIOR LIVING OPTIONS
A-3 71
Active Adult Retirement Community or Independent Living Since this type of development is
most commonly a simple matter of segregating residents based on age and not physical
limitations, development proposals in this category shall not be differentiated from other
residential subdivisions or special use high density residential proposals.
Continuing Care Retirement or Life Care Community -Since this type of development provides a
variety of residential units that accommodate older adults through the continuum of changing
needs, development proposals in this category shall be permitted as a special use when the
following conditions are met:
1, Minimum lot size: 20 acres
2. Parking requirements: 1.5 spaces per independent or assisted living unit plus 1 per employee
on the largest shift at all facilities.
3. Maximum impervious area for the total development may not exceed 40% of the net acreage.
In areas where coastal stormwater rules apply, those limits will supersede this provision.
4. Commercial uses in the nature of small, neighborhood shops, each-not exceeding 5,000 sq. ft.
of gross floor area may occupy up to 2% of the net acreage.
5. Maximum height may not exceed 35 feet for single family structures designated for seniors or
for any building within 50 feet of single family residential lots or parcels.
6. Except as noted in item 5, above, maximum height maybe considered for approval to exceed
35 feet, up to 50 feet, when setbacks are increased to equal the proposed height of the
building.
7. Public water and sewer must serve the site.
8. Open Space and improved recreational area shall be provided at a rate of 35% of net acreage.
Improved recreation space shall be appropriate for seniors at all stages of lifestyle transition,
such as ADA accessible walkways, gardens, and parks.
9. Vegetative buffers of not less than 20 feet are required for all proposals.
10. Traffic impacts and required road improvements must be reviewed and approved by the MPO
and NCDOT. Frontage on an arterial or collector street is required unless located in a Planned
Development as described in Section 53.5-2 (7) (O) b.
11. All other local state or federal permits or authorizations.
Assisted Living or Personal Care Facility - Since this type of development provides residential
units to accommodate seniors in need of assistance with the activities of daily living,
development proposals in this category, not part of a Continuing Care Retirement/Life Care
Community, shall be permitted as a special use when the following conditions are met:
1. Minimum lot size: 5 acres
2. Parking requirements: 1.25 spaces per living unit plus 1 per employee on the largest shift.
3. Maximum Height shall be limited to 35 feet when buildings are placed within 50 feet of
single family residential lots or parcels.
4 Except as noted in item 3 above, height maybe considered for approval to exceed 35 feet, up
to 50 feet, when setbacks are increased to equal the proposed height of the building.
5. Public water and sewer must serve the site.
6. Maximum impervious area shall not exceed 50% of the net acreage. In areas where coastal
stormwater rules apply, those limits will supersede this provision.
7. Open Space and improved recreation space shall be provided at a rate of 20% of net acreage.
Vegetative buffers of not less than 20 feet are required for all proposals.
8. Traffic impacts and required road improvements must be reviewed and approved by the MPO
and NCDOT. Frontage on an arterial or collector roadway is required.
9. All other local state or federal permits or authorizations.
A-3 71
Nursing home/rehabilitation center -Since this type of development provides residential care in a
licensed institutional setting, the provisions of the ordinance outlined in Sec. 72-9 of the
ordinance apply. The number of beds approved should correspond to the number of beds
allocated to the applicant by an approved certificate of need.
ADD TO Section 50 TABLE OF USES:
Senior Living: Active adult retirement community or Independent Living
(Special Use in R-20, R-I5, R-10 and O&I)
Senior Living: Assisted Living or Personal Care Facility
(Special Use in R-20S, R-20, R-15, R-10, O&I, RA)
Senior Living: Continuing Care Retirement Community or Life Care Community (Special Use in
R-20S, R-20, R-15, RA, B-1; Permitted as approved in PD)
Nursing home/Rehabilitation Center
(Permitted in O&I or PD [same as now]; Special use in R-20S, R-20, R-15, R-10 and RA)
Section 2. Any ordinance or airy 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,
reasonable and in the public interest to define and articulate standards for a variety of housing options to
accommodate the needs of seniors.
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 10`x' day of November, 2008.
~~
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
A-371
Book 3 a ~~
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 1969, UPDATED APRIL 2008
A-375 (10/08)
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:
Additions to Section 59.9-6:
(1) The conceptual plan shall represent the applicant's general sketch and
impression of the anticipated pattern of development planned for the
development.
(2) The Rezoning application/Preliminary Site Plan:
(A) Application for an RFMU district shall be filed with the County
Planning Department. The County Planning Department and the
Technical Review Committee shall review the Preliminary Site Plan
and RFMU district rezoning petition in the nature of an amendment to
the County's Official Zoning Map. Such an amendment shall be
processed pursuant to the general requirements of Article XI of this
Ordinance. Upon receipt of all necessary application materials,
including the TRC recommendations, the Planning Director shall
schedule the petition before the County Planning Board.
1. k. A description of and reason for any waiver being requested
which the TRC is authorized to grant.
(B) The Board of County Commissioners, following receipt of the
Planning Board's recommendation will review the RFMU district
rezoning petition and Preliminary Site Plan with respect to its
technical sufficiency and its consistency with the Land Use Plan and
the Policies for Growth and Development.
(C) Approval of the Preliminary Site Plan as part of the RFMU district
requirements shall not constitute final plan approval, rather it shall be
deemed an expression of approval of the rezoning request and the
overall design and densities as submitted on the Preliminary Site
Plan. The Preliminary Site Plan shall be filed in the County Planning
Department.
(D) Minor changes and revisions to the Preliminary Site Plan may be
approved administratively by the County Planning Director, without
additional public hearings, provided such changes do not result in:
1. A change in the use or character of the RFMU
2. A change of design for, or an increase in the hazards to
pedestrian and vehicle traffic circulation;
A-375
3. A reduction in the originally approved setbacks from roads
and/or property lines.
Any changes, other than minor changes, shall only be made by
the County Commissioners, and must follow the same review
and public hearing process required for other Zoning
Ordinance Amendments.
(3) Final Plan:
(A) Application for Final Plan approval or sections thereof shall be made
with the County Planning Department.
(B) The Final Plan shall be in compliance with the Preliminary Plan and
no construction, excavation, or clearing shall be commenced or any
building permit issued until the Final Plan has been approved and signed
by the Planning Director.
(C) The Final Plan shall provide the document on which building permits
and other applicable County approvals are issued.
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 20061and use plan,
reasonable and in the public interest to clarify the process required for approving and for modifying
approved RFMU plans after approval.
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 10`x' day of November, 2008.
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Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
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A-375
Exhibit z~v ~
Boak ~_Page
AGENDA: November l0, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-087
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-087 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Engineering /Non-Departmental
Ex enditure: Decrease Increase
En ineerin
Contracted Services $187 101
Non-De artmental:
Contin encies $]87101
Total $187101 $187 101
Section 2: Explanation
To budget $187,101 in Engineering Contracted Services line item to fund Master Planning /
Schematic Design(s) and Design Development architectural services by Hemphill & Associates
for future expansion of the New Hanover County Jail campus from the current capacity of 672 to a
total of 1,000 inmates at ultimate build-out.
Prior to actions taken by the Board of County Commissioners at this meeting, the balance in
Contingencies was $466,451.
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 09-087, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
,. In `~s~.~let~nt,.-~ , 2008.
Robert G. Greer, Chairman
Zoning Book -L._ =.__,
Section S page
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. S
OF NEW HANOVER COUNTY, NORTH CAROLINA
ORIGINALLY ADOPTED Apri17, 1971
CASE: Z-890,10/08
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 5 is hereby amended by removing the hereinafter described
tract from the R-20 Residential District and placing it in a Conditional District CD (O&I) Office &
Institutional for the purposes of a nursing/personal care facility expansion said lands being described as
follows:
A tract of land located in Harnett Township, New Hanover County, North Carolina being
more particularly described as follows: beginning at a point in the western right of way
line of Champ Davis Road (S.R. # 1400 - 60' public right of way), said beginning point
being loca#ed North 17 degrees 35 minutes 44 seconds East 349.65' from the intersection
of the western right of way line of Champ Davis Road and the northern right of way line
of Porters Neck Road (S.R. # 1491- 60' public right of way), said beginning paint also
lying in the eastern line of that 5.87 acre tract described in a deed to Cornelia Nixon
Davis, Inc. as recorded in deed book 5262, page 1972 of the New Hanover County
Registry, running thence from said beginning point so located with a new line North 72
degrees 23 minutes 35 seconds West 420.86' to a point in the western line of the above
mentioned 5.87 acre tract, thence with the western line of said tract North 17 degrees 40
minutes 25 seconds East 205.00' and North 62 degrees 38 minutes 25 seconds East
106.13', thence with the northern line of said 5.87 acre tract South 72 degrees 23 minutes
35 seconds East 345.48' to a point in the western right of way line of Champ Davis Road,
thence with said right of way line South 17 degrees 35 minutes 44 seconds West 280.00'
to the point of beginning, containing 114,976 square feet (2.b40 acres) more or less and
being the northern 280.00' of the above referenced Cornelia Nixon Davis, Inc. 5.87 acre
tract.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No. 5 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 shall be in full force and effect from and
after its adoption.
Z-890 Page 1 of 4
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341, that
this zoning map amendment of 2.64 acres from R-20 Residential district to CD(O&I) conditional district is:
A. Consistent with the purposes and intent of the transition land classification and associated policies
in the 20061and use plan.
B. Reasonable and in the public interest to allow expansion of an existing nursing home and
rehabilitation facility in this location subject to the companion special use permit.
Adopted the 10th day of November, 2008.
Robert G. Greer, Chairman
Attest:
~_
Sheila L. Schuh, Clerk to the Board
Z-890 Page 2 of 4
SUP Book.,~,,,paQe, 2 2
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Nursing and Rehabilitation Center in CD (O&I) Zoning District
Z-890,10/08
The County Commissioners for New Hanover County having held a public hearing on November 10, 2008
to consider conditional rezoning application number Z-890 submitted on behalf of owner Cornelia Nixon
Davis Healthcare for a special use permit to expand the existing facilities in a CD(O&I) Conditional District
approved under companion rezoning action, said proposal being located at 1011 Porters Neck 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, 72-9, and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. Public utilities are available to the site.
B. Fire Service is provided by Porter's Neck FD, which is adjacent to the facility.
C. The property is not located in a flood hazard area
D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will
be accommodated on site.
E. Traffic circulation will be improved by slight adjustments in the driveway access. A traffic
impact analysis is not required because peak hour traffic generation will remain well below the
100 trip threshold
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general
requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2.64 acres to be added is currently vacant land zoned R-20 Residential. This request is made
concurrent with conditional rezoning to CD (O&I) Conditional District for expansion of the
existing nursing home/personal care use.
B. The required community information meeting was held for surrounding property interests on
September 2, 2008 by the applicant prior to submission of this request.
C. The lot size exceeds 2 acres, as required by Sec. 72-9.
D. Proposed setbacks are greater than 50 feet from surrounding residential properties.
E. Buffers exceed the requirements of the ordinance.
Z-890 Page 3 of 4
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4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general
requirement listed in the Ordinance; namely that the use will not substantially injure the value of
adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. No evidence has been submitted that this project will decrease property values of adjacent
parcels.
B. Though not a specific public necessity, the use is a public benefit to elderly and disabled
residents.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general
requirement listed in the Ordinance; namely that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover county. In support of
this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as
providing for future intensive urban development on lands that have been or will be provided
with necessary urban services. The location of these areas is based upon land use planning
policies requiring optimum efficiency in land utilization and public service delivery.
B. The proposal is consistent with the policies relating to housing of special populations.
6. 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 provisions of
conditional rezoning and limitations of the attached site plan and the following additional conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated and all other state or
federal requirements.
B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within
24 months of approval or the action will be revoked
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.
Ordered this 10th day of November, 2008
`one
~~
Robert G. Greer, Chairman
Attest:
-~
Sheila L. Schult, Clerk to the Board
Z-890 Page 4 of 4