2009-03-02 RM ExhibitsNORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM Exhibit ( to
North Carolina Book PagO....:m .
County of New Hanover
Road(s) Description: Swartville Road in New Hanover County (Division File No. 1140-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established
by the Division of Highways of the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of NewHanoverthat
the Division ofHighways is hereby requested to review the above described road(s), and to take overthe road(s)
for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 2nd day of March , 2009.
WITNESS my hand and official seal this the IJ _ day of
%C 's , 2009.
NTV:
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Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute.doc
AGENDA: March 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-155
Exhibit
Book -XLYi page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-155 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Fire Services
Department: Fire Services / Fire Services Operations
Expenditure:
Decrease
Increase
Fire Services Operations:
Salaries
$7,549
$37,513
Social Security Taxes
2,870
Retirement - Local Government
1,834
Medical Insurance
8,013
Lon Term Disability Insurance
101
Total
$7,549
$50 331
Revenue:
Decrease
Increase
Fire Services Operations:
SAFER Grant - Federal
$42,782
Total
$42782
Section 2: Explanation
To budget a Staffing for Adequate Fire and Emergency Response (SAFER) Grant, awarded by
FEMA for $42,782 for FY08-09. The funds will be used to pay salaries and benefits for six (6)
new firefighter paid positions to bring two stations within compliance to meet NFPA and OSHA
standards of a four person company.
The County Board of Commissioners approved application for this grant at the July 21, 2008
meeting. There is a $7,549 match requirement for FY08-09. The monies for the match will come
from the existing FY08-09 budget (salaries).
There is no requirement to continue funding these six (6) positions after the last year of the grant
award.
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 09-155, amending the annual
budget ordinance for the fiscal year ending June 300, 2009, is adopted.
Adopted ,this a r\ day of V~V c~ 2009.
Ted Davis, Jr','Chair-MjR1
AGENDA: March 2, 2009 Exhibit
NEW HANOVER COUNTY BOARD OF XXY11 -3
AN ORD NANCCE AM ENDING THE FISCAL YEARI2009 BUDGET Book page (o 0.
BY BUDGET AMENDMENT 09-148
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-148 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: Sheriffs Office/Uniform Patrol
Expenditure:
Decrease
Increase
Sheriff's Office/Uniform Patrol:
Supplies
$63,012
Capital Outlay -.Equipment
$85,657
Total
$63012
$85,657
Revenue:
Decrease
Increase
Sheriff s Office/Uniform Patrol:
Local Explosives Ordinance Disposal Team rant
$22,645
Total
$221645
Section 2: Explanation
The Sheriff s Office has received notification that they have been awarded additional grant funds
for the Local Explosives Ordinance Disposal (EOD) Team. The original grant of $64,454 was
increased to $87,099. There is no local match requirement.
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 09-148, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this _day of %U r t L , 2009.
(SEAL)
T
Sheila L. Schult, Clerk to the Board
I AtO4 -
Ted Davis, Jr., Chai an `
AGENDA: March 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-152
Exhibit
Book W It Page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-152 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: Library
Expenditure;
Decrease
Increase
-Library/Administration:
Supplies
$4,387
Total
$4,387
Revenue:
Decrease
Increase
Libra /Administration:
State Aid to Public Libraries Grant
$4,387
Total
$4,387
Section 2: Explanation
The Library has received notification that the State Aid to Public Libraries Grant funds were
reduced from $208,406 to $204,019 for this fiscal year.
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 09-152, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this Ir Jday of 2009.
(SEAL)
ed avis, Jr., Chair ,
ATTEST:
Sheila L. Schult, Clerk to the Board
NTY.
Isiiff?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
100TH ANNIVERSARY OF THE NATIONAL ASSOCIATION Exhibit
Book 1„(~_ Pap
FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) g
PROCLAMATION
WHEREAS, the National Association for the Advancement of Colored People (NAACP) was founded on
February 12, 1909, in honor of the centennial of Abraham Lincoln's birth who was the 16th President of the United
States and author of the Emancipation Proclamation of 1863; and
WHEREAS, the NAACP was founded by a multi-racial group of activists Ida Wells-Barnett, W.E.B.
DuBois, Henry Moscowitz, Mary White Ovington, Oswald Garrison Villiard, and William English Walling who
answered "The Call" for a national conference on the civil and political rights of blacks in America following the
brutal terror by white mobs in Springfield, IL in 1908; and
WHEREAS, the NAACP's mission is to ensure the political, educational, social, and economic equality of
rights of all persons and to eliminate racial hatred and racial discrimination; and
WHEREAS, the NAACP is the oldest and most recognized civil rights organization in the nation, having
been in the forefront of every key civil rights victory in American life since 1909; and
WHEREAS, the NAACP continues to obtain its goals through nonviolence and to effectively achieve its
objectives through direct action, litigation, legislation and political action; and
WHEREAS, the New Hanover County Branch was organized in May 1919 with 75 members, Rev. A.F.
Elmes was president; Horace Cogdell, vice president; Dr. L.J. Devenport, secretary; and R.D. Bizzell, treasurer;
and
WHEREAS, the New Hanover County Branch is a member of the NC State Conference of the NAACP,
the largest State NAACP Conference in the South, with over 100 adult branches, youth councils, high school and
college chapters across the width and breadth of North Carolina; and
WHEREAS, the New Hanover County Branch has worked tirelessly to eradicate racial discrimination in
employment, housing, public accommodation, education, in the courts and in every aspect of life serving as the
conscience of New Hanover County since its founding; and
WHEREAS, the New Hanover County Branch continues to press the cause of equality and social justice,
meet and confront challenges of disparities in this community, and to be the voice of the people; and
WHEREAS, the New Hanover County Branch NAACP continues to move forward into its second century
of activism.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
it honors the memory of those who founded the NAACP for their vision and service they rendered to our nation,
state and local community and congratulates the NAACP and the New Hanover County Branch on its 100th
anniversary and expresses appreciation for its significant contributions to social change.
ADOPTED this the 2" d day of March, 2009.
NEW HANOVER COUNTY
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Te Davis, r., Cha an
1 TTEST: ~
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 -WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX • WW%A.NH000V.COM
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
Exhibit
Book XX_ Cam(, Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
TO REQUEST THAT NEW HANOVER COUNTY'S LEGISLATIVE DELEGATION
SUPPORT AMENDING SENATE BILL 1597 IN ORDER TO ADD NEW HANOVER COUNTY
TO THIS BILL TO ENABLE THE COUNTY TO OFFER DEVELOPMENT INCENTIVES
IN EXCHANGE FOR REDUCTIONS IN ENERGY CONSUMPTION
WHEREAS, the New Hanover County Board of Commissioners recognizes the importance and value of
promoting energy efficient and sustainable development practices throughout the County; and
WHEREAS, the General Assembly of North Carolina has enacted Session Law 2008-22, Senate Bill 1597
which enables specific localities therein named to provide incentives to developers who agree to construct new
development or reconstruct existing development in a manner that reduces energy consumption based on
generally recognized standards; and
WHEREAS, the New Hanover County Board of Commissioners supports the County having authority to
provide development incentives in exchange for energy efficient construction.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
requests that the members of our state legislative delegation, during the 2009 legislative session, support
legislation which will add New Hanover County to the list of localities which are enabled to enact said
incentives per Session Law 2008-22, Senate Bill 1597.
ADOPTED this the 2nd day of March, 2009.
NEW HANOVER COUNTY
ri, /)/71A;
Ted Davis, Yr., Cha' n `
T EST:
I I ~ - A I I ~A
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 796-7145 FAX • WWW.NH000V.COM
Ted Davis, Jr., Chairman - Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner- William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Exhibit
Book )W-0 Page
WHEREAS, Senate Bill 173 entitled AN ACT TO ALLOW THE CITY OF WILMINGTON TO EXERCISE
EXTRATERRITORIAL PLANNING AND ZONING WITHIN NEW HANOVER COUNTY has been filed
as a local act; and
WHEREAS, House Bill 313 entitled AN ACT PROHIBITING A CITY FROM EXERCISING
EXTRATERRITORIAL JURISDICTION IN AN AREA IF THE COUNTY HAS ADOPTED AND IS
ENFORCING ZONING ORDINANCES has been filed as a public act; and
WHEREAS, G.S. 160A-360(a) requires county approval when a city with a population of more than 10,000
seeks to extend its Extraterritorial Jurisdiction (ETJ) beyond the one-mile limit granted to cities. G.S. 160A-
360(e) currently requires that county approval be obtained for city ETJ into any area where the county enforces
zoning, subdivision regulations, and the building code. This includes the one-mile area adjacent to cities. G.S.
160A-360(g) requires that a county approve ETJ through a formally adopted resolution; and
WHEREAS, New Hanover County has adopted zoning ordinances, subdivision regulations and enforces the
State building code; therefore, the granting of ETJ to the City of Wilmington would apply City ordinances and
regulations to County residents inside the ETJ and County ordinances and regulations to residents outside the
ETJ; and
WHEREAS, County residents within the ETJ would be subject to ordinances and regulations imposed by City
officials who are not their elected representatives; and
WHEREAS, the granting of ETJ through a local act disregards the mandates of G.S. 160A-360, and
diminishes the legislative powers of elected County officials.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports
House Bill 313 and opposes Senate Bill 173.
ADOPTED this the 2nd day of March, 2009.
NEW HANOVER COUNTY
rly a4i -
Ted Davis, Jr., Chairman
EST:
Sheila L. Schult, Clerk to the Board
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING
SUP Book v PagaQ~L~
REQUEST FOR SPECIAL USE PERMIT MODIFICATION
S-13(1/09)
Allow addition of a forklift pier and storage of 81 boats and other site plan adjustments in an R-15
Residential Zoning District
(1512 Burnett Road)
The New Hanover County Board of Commissioners having held a public hearing on March 2, 2009, to
consider a request by Shanklin & Nichols LLC for Carolina Marina & Yacht Club (Tim Ward) for a
special use permit modification to allow addition of a 32-foot wide and 197-foot long forklift pier with a
185-foot "T" end; and increase in currently allowable upland storage of boats from 41 parking spaces for
boats on trailers to 81 single layer racks or cradles; and other adjustments in the current site plan, at 1512
Burnett Road, and having heard all of the evidence and arguments presented at the hearing, renders the
following FINDINGS OF FACT and draws the following CONCLUSIONS:
1. Section 71-1(3) of the New Hanover County Zoning Ordinance requires that in order to grant a
special use permit, the Commissioners shall find that all of the following four (4) fundamental
requisites are met:
(A) That the use would not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved;
(B) That the use meets all required conditions and specifications;
(C) That the use will not substantially injure the value of adjoining or abutting property; and
(D) 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.
2. The New Hanover County Planning Board made a recommendation to deny the requested
modifications, concluding that the proposal is not compatible with the surrounding
neighborhood.
3. The Commissioners held a proper hearing in accordance with the notice and advertising
requirements of Section 112-1 of the zoning ordinance and received testimony and evidence
from proponents and opponents of the requested modifications. Opponents testified among
other things with concerns for forklift noise as it travels over water, the size of the project
which encompasses almost the entire parcel of land as compared to the currently approved
project, the size of boats stacked on racks next to their residences, the impact of a forklift
pier the size of Kure Beach fishing pier on the peaceful enjoyment of their adjoining
neighborhood and the adjacent community water access lot, the impact of a fuel dock on
shell fishing by neighbors at the community lot, the potential storm hazards with boats on
racks becoming debris to damage their homes.
4. Based on a preponderance of testimony from residents and owners in the Tucker-Burnett
Subdivision as well as the recommendation of the Planning Board, it is the judgment of the
Commissioners that the location and character of the proposal as submitted would not be in
harmony with the established single-family residential neighborhood.
5. Therefore, the County Commissioners, after considering all the facts and finding that the
proposal fails at least one of the fundamental requirements for approval, hereby DENY the
request for modifications to Special Use Permit 13.
Ordered this the ay,, I_ day of March, 2009.
Ted Davis, J ChairrhaA
[Attest]
Sheila L. Schult, Clerk to the Board