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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: y~ n A 0 1 , \ 1~1 1 4 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 _zZa Pft6) - Te Davis, r., Cha an 1 TTEST: ~ Sheila L. Schult, Clerk to the Board i P d y\ t^ 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