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HomeMy WebLinkAbout2008-11-10 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 ~____,, / ~~1~i Y ~ ~; GO ~ t' ,~~' ~ ~ii o ?~ ~ '1~;`~., Robert G. Greer, Chairman d~ G! x ~, { ` r ~~ Sheila L. Schult, Clerk to the Board Exhibit Book ,.,,~,,...PaQe 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 ) ' ~!L D Da : Month:./ Applicant's Federal Employer's Identification Number 5G-dooo32~ rocessing Standards (PIPS) Number Applicant's Federal Information P 4 t• Z ) PRIMARY AGENT ~ SECONDARY AGENT Agent's Name A ent s Name w~~~ ~~~ 8 ~D~~ ~~~~~ Organization . gyJ ~IIOVLslZ Gdt'A~~tlTY ~ Organization , L~1 VLF rtl Official Position F~1 c~IcY M~v~vur C~~~Q Offi 'al Position s5lsr ~ ~ ~ ~'{-!~~ Mail' g Address z3~'~ovt r c~~rJri~e Dnr .~-l F.~ Mailin ddress ~3D ~.1pVG~1ML~' ~JUlE~2 G?~ City ,Stan, Zip I~.ME~ r~nl rU u o3 City ,State; Zi 1~1~1~~1 ~lC~ '2~~{0 3 Daytime Telephone qio-?9~~6Rt4 Daydrne Telephone tto-79$'-.7!77 Facsimile Number ~_?q~.. (0~10~ Facsimile Number (0--74'8 ' 7277 Pager or.Cellular Number ~ Rl0~Z2'9-56/S Pager or Cellular Number 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 Name' c , ~~~ U+ ~s L Positi. (~(` - PL/~.-~; " 1.. L Name and Title Daytime Telephone ~ . CERTIFICATION ~ ~\ I ~ _ ' ~ ,(Name) duly appointed and' ~`~4 f~\\ ~ ~t~rA~-~ (T'itle) ve is a true and correct copy of a resolution has and '~b o of 'the Governing Body, do hereby ce that tho ~' l - proved y the Governin Body of ~ ~:1 ~` ~sy. ~',~ ~C7 nization) on the ~~y of v , 204 Date: i ~ 1 , (1 ~ Signature:~,,, Boolk 13 I 3 .,., Page ~ TL 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. ~~1TY • N\ LO SE ~ 4,`Y ~ 'S O =~ / ~~ 2 ~,,> z Robert G. Greer, Chairman 'I' a,~~ •E'~~TANLI tE~ ~. 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: ~\ ~ ',` Shei a L. Schuh, Clerk to the oard NOW, Exhibit Book...,.. ~ ..Pa~1 2'k• 5~b 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. ~O 91 ) O z ,3. ,~ z`. Robert G. Greer, Chairman erk to Exhibit Book ~.~ . Pape ~„~':, y ~ 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. /w~ O Z \?i, T: Robert G. Greer, Chairman V'~r\ ~ - a L. Schult, Clerk to 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 Book„~,...Pa~e Z.,~_~ 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. )~ 1y\.. }r ~ ~ted, this ~,0~' day of `~ \ ~ J~ , 2008. ,~~ ~ A ~Q 'tet~s~ ~,,~~ T EST: 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. o~ N T~ 1n G ~ '1~opted, this ~_day of , 2008. ,w¢ a ~~ ~ ,~ ~y~ rie~ ~~~ 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 M!i ~n ~, 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 ~~` i ~~, ~ ~! 4 / ~ ~ i .jl, ks ~. elf ~f ~~. ?t ~' /~ ill ~~. ~ ~ ~ ~ Robert G. Greer, Chairman ~1 J ~ ~~ TE T: ,~ ~ ~~ ,~ -~ - ~, ~ , Pie {.. ~ Sheila L. chult, Clerk to the Board Gam''' _. 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 n o ~~ 3 Robert G. Greer, Chairman ~~ Shea a L.~ Schult. Clerk to B ok ~ 3 __I , ~f ...,..L.::. Pad ~~,~, f-® ~. ~ ~~ ~ ~ I NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~ `' RESOLUTION I, REQUESTING LEGISLATION TO AMEND SENATE BILL 3, 2007 SESSION 'I I i ~ I ~~ 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 ~~ '! ~' 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 g P g gY ~ ' ~,~ 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. ~~ ~,: j / r L !~', r NEW HANOVER COUNTY Robert G. Greer, Chairman r ~~ ~ ( '~ / ATTEST: f ~ , , ,; ~~ ~ ~ ~ ~ ~ \~; ~~r i ~ i u~i,iouil,~ ,~ ~ ~ ~ ` ' ~ Sheila L. Schult, Clerk to the oard °, ~,', i Exhibit . Book .~=page a ~", I ~ 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 ~~ ~ n i a .... l .. , . ~ ~ ... , `~ .. 4 . 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. 'o $~ \Z NTY. Robert G. Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board n y Q 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 ~ ~t+~ r~ 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