2001-01-08 RM Exhibits26.23.4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, Martin Luther King, Jr. was a pivotal figure in the Civil Rights Movement who stirred
the concern and sparked the conscience of a generation; and
WHEREAS, by leading non-violent movements and marches, Martin Luther King, Jr. was vital in
bringing a change to the fabric of American life; and
WHEREAS, Martin Luther King, Jf. was a man of great COuféj.ge who never backed down from the
Civil Rights struggle, despite numerous death threats ànd the bombing of his home; and
WHEREAS, the charismatic leadership of Martin Luther KlI}.g, Ir. inspired men and women - both
black and caucasian - to stand together and fight for our country's founding ideal that aU men are
created equal. .
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board óf
Commissioners that Monday, January 15,2001 be declared Martin Luther ,King, Ir. Day in New
Hanover County and that all citizens are urged to recognize Dr. King's achievements in bringing
about racial equality and the abolishment of segregation.· . .
Adopted this the 8th day of January, 2001
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~b F. Harrell, Clerk to the Board
William A. Caster ~ ~ ~~~fitP tt~
° Chairman
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Vice-Chairman
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BuzzBirzenleks ~rtr
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Commissioner
~iI2ILTIT$tIIYC, ~trrtll fbttTrrlI2TtI Z$4A1-4II33
Ted Davis, Jr.
Commissioner r,~r
~LI.E1E}Tl'~IIYiE (~lII) 3.41-714
Charles R. Nowell ~txx (~1Q) 341-413II
Commissioner
December 14, 200:0 ,
MEMO TO: County Commissioners
FROM: Ted Davis, Jr., Chairman .
SUBJECT: Guidelines for Meetings
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Wanda M. Copley
County Attorney
Allen O'Neal
County Manager
Lucie f. Harrell .
Clerk to the Board
In an effort to better schedule Work Sessions and move the public hearing process more quickly on
zoning items for the convenience of the public, I have been thinking of some suggestions that. could
serve as guidelines.
Please review these ideas and provide me with your comments or recomiilendations. I would like to
discuss this issue at the next meeting.
1. Whenever possible, schedule all Work Sessions after Monde.: mornin meetin s or after .
Y g g
Thursday evening staff meetings. This will allow the Commissioners and Staff to better plan
their schedules. ~,, ~ .
Sandwiches will be provided between the meetings.
2: Place Non-Agenda Items at the end of the agenda to avoid spending time on items that
usually have to be addressed at a later meeting. It is not fair to people scheduled on the
agenda at a specified time to wait because a number of people have taken a considerable
amount of time discussing an issue that was not listed on the agenda.
3. Begin night meetings at 5:30 p.m. so Public Hearings can begin at 6:30 p.m. This time
change would become effective February 5, 2001, to allow the Planning Department sufficient
time to implement the change. During the first hour, the Consent Agenda, Water and Sewer
Agenda, additional items and other issues can be addressed.
Sandwiches will be provided at 5:00 p.m.
4. 1~imit~e~ach~P~ubhc Hearing to 30 minutes as follows:
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... County Commissioners - ...:
December 12,~2~OQ
. ' ~ Page 2 ..
' S minutes for the presentation by Planning
- 10 minutes for the petitioner and other persons to speak in favor of the request
:.'IO minutes for persons in opposition to speak •
__._ ~ discussion by the County Commissioners
When the Public Hearings are advertised in the Classified Ad Section of the Star News, the notice
will .clearly state that hearings will begin at 6:30 p.m. ~ .
When notices are mailed by the Planning Staff to adj acent property owners, petitioners, and attorneys, .' -
- a letter from the Chairman will be enclosed to inform individuals of the new- guidelines. Attorneys
' and interested citizenry groups will be requested to present •information in advance of meetings to ~ .
prevent last minute documents being presented to the .Board without ample time to interpret the , ,
information. If large groups plan to attend the meeting, they will be encouraged to select two or '
three speakers who will be asked not to presentredundant information..The letter will clearly inform
the public of their rightao speak, and no effort will be made to discourage this open process.
-The following statement will appear on the Regular Agenda and the Planning Department ad placed
~' " in the Classified Ad section of the Star-News:.
'The time listed, for each agenda item is estimated and in the event that a
preceding item takes less -time, the_ Board will move to he next item.. ,
Please feel free to comment on the proposed guidelines: Your input is important, 'and I would
appreciate any remarks whether negative or positive. f
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26.23.3a
PROCEDURES FOR CONDITIONAL USE REZONING/PERMIT
1. Swear in witnesses.
2. Inform Petitioner of right to withdraw or modify a conditional use rezoning
petition prior to Board's vote. Inform Petitioner that if the rezoning is denied
he/she must wait 12 months before another petition can be filed.
3. Inform the Petitioner and opponents that they will be allowed a total of 20
minutes for each side, with 15 minutes each for the presentations, and five
minutes each for rebuttals/cross examinations.
4. Conduct hearing, as follows:
a. Staff presentation;
b. Petitioner's presentation (up to 15 minutes);
c. Opponent's presentation (up to 15 minutes);
d.' Petitioner's cross examination/rebuttal (up to 5 minutes);
e. Opponent's cross examination/rebuttal (up to 5 minutes).
Any exhibits that will be presented are to be marked by the County Attorney
and given to the Clerk to be part of the record.
5. Ask Petitioner whether he/she agrees with staff findings and any proposed
conditions.
6. After the presentation but before the Board's vote, again ask the Petitioner
whether he/she wishes to withdraw or modify the petition. If the Petitioner
desires additional time to consider its course of action, he/she may request a
continuance to the next scheduled public hearing of the Board of
Commissioners.
.7. Vote on the rezoning portion of the request. If the Board intends to approve
the petition, vote to rezone. If not, vote "no" and the process ends.
8. If the Board voted to rezone, then vote and approve the conditional use
permit.
26.23.3bb
PROCEDURES FOR SPECIAL USE PERMIT
1. Swear in witnesses.
2. Inform the Applicant and opponents that they will be allowed a total of 20
minutes for each side, with 15 minutes each for the presentcÜions, and
five minutes each for rebuttals/cross examinations.
3. Conduct hearing, as follows:
a. Staff.presentation;
·b. Applicant's presentation (up to 15 minutes);
c. Opponent's presentation (up t015 minutes);
d. Applicant's cross examination/rebuttal (up to 5 minutes);
e. Opponent's cross examination/rebuttal (up to 5 minutes).
Any exhibits that will be presented are to be rT',larked by the County
Attorney and given to the Clerk to be part of the record.
;
4. Ask Applicant whether he/she agrees with staff findings and any proposed
conditions.
S. Vote 0[1 the special use permit.
If the permit is granted, the Board must find:
a. that the use will not materially endanger the public ~ealth or safety
if 10cateQ where proposed and approved;
b. thatthe use meets all required conditions and specifications;
c. that the use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity; 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.
If the permit is not granted the Board should state the reason(s) (from 5a-
d) for the denial.
There is no waiting time for re-submittal of a denied special use permit.
26.23.3c
PROCEDURES FOR GENERAL REZONING
1. Inform the Petitioner and opponents that they will be allowed a total of.20
minutes for each side, with 15 minutes each for the presentations, and
five minutes each for rebuttals/cross examinations.
2. Conduct hearing, as follows:
a.Staff presentation;
b. Petitioner'spr~sentation (qpto15minutt3s);
c. Opponenfsprés,entation{upto 15rninÚtßs);
. d.Petjtiorier's ,cfQsst3)(aminªlion/rebl.lÞtal,{LJP to 5.minutes);
e. Opponenfs cross,exanjination/rebuttal (up to5 minuJes).
Any exhibits thßt will b~..presenteø ªre to be marked by the County
Attorney and given to the Clerk to be part of the record.
3. Vote on the rezonirlg.lfthen~zpnilTlg ·is;;dt3niedoJwJth9.rßwn prior to the
Board's vote, the Petitiol\1er mustwªit12rnonthsþ~foréfilinganother
petition.
'.:.
.,Nº!~,: Petitioner may askfQra cQntir;uJªnce.l;fthepetitio8 i,s withdrawn ,after.it
has be.enadvertisedfortheCommissiont3rs meeting, a 12 month waiting
period is imposed.
26.23.1
FY 2002 CTP Application , . '
Community Transportation Progràrn ResolUtiol1
Page 1
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
RESOLUTION
, .
Applicant Seeking Permission to Apply for Community Transportation Program Funding,
Enter Into Agreement With The North Carolina Department Of Transportation
And to Provide the Necessary Assurances.
A motion was made by (Board !viember's Name) Commissioner Buzz Birzenieks
and seconded by (Board Member's Name) Commissioner Ted Davis I . Jr.
for the adoption of the following resolution, and upon being put to a vote was duly adopted.
WHEREAS, Article 28 of Chapter 136 of the North Carolina General Statutes and the Governor
of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as
the agency responsible for administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US
Department of Transportation, Federal Transit Administration and receives funds from the North
Carolina General Assembly to provide assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies
for the provision of rural public transportation services consistent with the policy requirements for
planning, community and agency involvement, service design, service alternatives, training and
conference participation, reporting and other requirements (drug and alcohol testing policy and
program, disadvantaged business enterprise program. and fully allocated costs analysis);
WHEREAS, (Applicant's Name) _New Hanover County
hereby assures and certifies that it will comply with the federal and state Statutes, regulations,
executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to
the applications made to and grants received from the Federal Transit Administration, as well as
the provisions of Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the (Authorized Otfìcia/'s Title)* Chairman
of (Name q[Applicant's Governing Body) New Hanover County
is hereby authorized to submit a grant application for federal and state funding, make the
necessary assurances and certifications and be empowered to enter into an agreement with the
NCDOT to provide rural public transportation services.
1 (CertifYing Offìcia/'s Name)*
Lucie Harrell (Title) County Clerk
do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of
the (Name of Applicant '.\' Governing
Bow0 New Hanover County Board of Commissioners
duly held on the L day of January ,20Q.l.
,. ~~Jl/ ~(;~
Sign lure ofCerlifjiing Qffìcial
~ FY 2002 CTP Application .
Community Transportation Program Resolution
P~ge2 .
New Hanov~r County Board o£Commissioners
Name òfLocalGoverning Board
Subscribed and sworn to me (date) .......1-~
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¡J/'1'l! ;;.~\ OFFICIAL SEAL ~
, (g( ;)~) Notary Public. North Carohna - ~. $
\1\ 'fI NEW HANOVER COUNTY ~
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My Commission Expires 4/19/03 )
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My còmrrÎissi'~n eX~ì~es (d~~e)' r/11(0).. . . ..'... . . . .
* Note that the. official authoriÛd to submit the grant application~ certifying official, .and notary pllblic should be three separate
individuals. .
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Michael F. Easley.
GOVERNOR
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
Lyndo Tippett
SECRETARY
Delegation of Authority
I Ted Davis, Jr.
(Authorized Official's Typed/Printed Name)
Chairman, Board of County Commissioners
. (Authòrized Official's Title and Agency)
as the designated party for
New Hanover County
(Grant Recipient! Applicant Agency)
with authority to submit funding applications and enter into contracts with the Department of Transportation and
execute all agreements and contracts with the North Carolina Department of Transportation, Public Transportation
Division, hereby delegate authority to the individual(s) filling the positions as indicated below:
Primary Designee:
Patricia A. Melvin, Assistant County Manaqer
(Primary Designee's Position Title)
New Hanover County Manager's Office
(Primary Designee' s Agency)
Reimbursement Requests: X Yes No
Budget Revisions: x Yes No
Budget Amendments: x Yes No
Period of Performance Extensions: Yes No
x
Other Official NCDOT
Documents [x] Yes [J No
Alternate Designee:
(optional) .
Dottie Ray, Grants Coordinator
(Alternate Designee's Position Title)
New Hanover ~()llnty Finrinc-E' Dl"partment
(Alternate Designee's Agency)
Reimbursement Requests:
x Yes No
-
x Yes No
x Yes No
Budget Revisions:
Budget Amendments:
Period of Performance Extensions:
~
\
Authorized Official's Signature:
Yes No
x
-rid jjYlY 0,
I Date:
NG ADDRESS:
!partment Of Transportation
Transportation Division
~ail Service Center
h, NC 27699"1550
Telephone: 919-733-4713
FAX: 919-733-1391
LOCATION:
Transportation Building
1 South Wilmington Street
Raleigh NC
www.dot.state.nc.us/transit/transitnet/
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FY 2002 CTP Application
Memorandum of Understanding
Page 1
TRANSPORTATION MEMORANDUM OF UNDERSTANDING.
(TMOU)
For
North Carolina Department of Transportation
Public Transportation Division
Community Transportation Program (CTP)
Between
New Hanover Transportation Services
Name of Local Community Transportation System
New Hanover
County Department of Social. Services,
New Hanover
County Health Department,
New Hanover Cò. Dept. of Agin~
Name of Aging Services
Southeastern Center
Name of Area Mental Health Program
Keys, Inc.
Name(s) of Area Sheltered/
Vocational Workshop,
, .
County of New Hanover
January 3
,2001
· .
...
FY 2002 CTP Application
Memorandum of Understanding
Page 2
WITNESSETH THAT
WHEREAS, Governor James B. Hunt, Jr. issued Executive Order No. 29 in
Decémber 1978 which initiated a statewide effort in North Carolina to utilize
transportation resources in the most cost effective manner.
WHEREAS, subsequently, the North Carolina Department of Transportation
(NCDoT) adopted a policy requiring a locally endorsed and implemented Community
Transportation Services Plan (CTSP) prior to receiving funds under NCDoT administered
programs, such as Section l6; Section 18; Elderly and Disabled Transportation
Assistance Program (EDT AP) and the Human Services Transportation Management
(HSTM) Program.
WHEREAS, Administrative, operating, and capital funds are available through
the NCDoT Public Transportation Division (PTD) tor the coordination of Community
Transportation Programs that demonstrate a high level of coordination among a group of
core Human Service agencies, other agencies and community organizations that elect to
participate in the local transportation system to meet the demands of the Community's
transportation needs. Core agencies include:' local Department of Social Services, Aging
Services, Area Mental Health Program, Sheltered/Vocational Workshop and Health
Department.
Section I
It is hereby agreed that the
New Hanover Transportation Services
System Name
New Hanover
County Name
Dept. of Aging
Core Agency # 1
Dept. of Social Services
Core Agency #2
Health Dept.
Core Agency #3
Core Agency #4
Core Agency #5
Other Agencies, Org., etc.
".
FY 2002 CTP Application
Memorandum of Understanding
Page 3
in Cooperation with the NCDOT Public Transportation Division will participate in the
Community Transportation Program· (CTP) with the understanding of the following
responsibilities and undertakings as related in the following paragraphs:
1. All Core agencies must actively coordinated their client transportation needs and
resources at the highest level of ridesharing and cost sharing possible through the
local community transportation system;
2. Core agencies may have situations when some of their transportation needs will be
met outside the coordinated community transportation system because it is more cost
effective. However, every effOli shall be made by the core agencies to insure that the
coordinated system has an opportunity to evaluate the costs of these services outside
their system to compare fully allocated costs;
3. All other agencies and community organizations in the service area should be
encouraged to utilize the community transportation system so as to increase
opportunities for more ridesharing and cost sharing;
4. The local Community Transportation Service Plan shall be updated periodically (at a
minimum, annually) to reflect changes in agency participation, and these changes will
be coordinated with the NCDoT Public Transportation Division and the local
community transportation advisory board. Upon completion of by all parties, this
Memorandum of Understanding will service as an official addendum to the local
CTSP.
5. CTP funds are to be used exclusively to assist in funding administrative, operating,
and capital needs of the Community Transportation System, in which the amount of
funding will based 011 the level and/or type ·of service provided (i.e. Rural General
Public, Employment Assistance, etc.)
6. All parties understand that if PTD determines that one or more core· agencies is not
participating in the coordinated system when the system could provide it more cost
effectively, then CTP funds wi!! be withheld until corrective action has been taken by
the core agency(ies).
"
FY 2002 CTP Application
Memorandum of Understanding
Page 4
Section II
In Witness Whereof, the parties of this Memorandum of Understanding has been
authorized by appropriate and proper resolutions to sign the same, Director of local
Community Transportation system, Director of the County Department of Social
Services, Director of the County Health Department, Director of local Aging Services,
Director of Area Mental Health Programs, Director of ShelteredN ocational Workshops,
County Manager, and the Chairperson of the local Board of County Commissioriers this
. ~ daYOf~ ,2001 . .
.Deknv~ (VlcN",^-~ BY~'<")' Ú5rr\ßß~~
Witness Coordinated Trans;ortlt¡;;s;,stem Director
~Ø»û)JÞn-v-- By:
Witness
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~"/1 L )/ì ..{
~ UVl\ ·r ~
D'rtector of .........
County Depariment of Social Services
J~A~BY:
Witness
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Director of
County Health Department
By: ,~ fJ;j J/}1,~(J)¿n &, Jl-hAb. (fj¡/~tif .
nM'-ector of I 1,-1,.,- / / J -1-:" /
IrCl."f\O:Mu..t4,;~
By.~7~· ú ["'~;~
Director of
Area Mental Health Program
Y~cS·~'\-L
Witness
u,¿~,~
By:
Witness·
Director of
. ~ter~:~Z:kShOP
~ r,¿ County Manager
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(~ Clerk
Chair, Board of County Commissioners
26.23.2
INTRODUCED BY: Allen O'Neal, County Manager
DATE:
January 8, 2001
RESOLUTION AUTHORIZING CONVEYANCE OF A VACANT LOT TO
CAPE FEAR HABITAT FOR HUMANITY
RESOLVED:
1. . The New Hanover County Commission hereby approves the conveyance ofthe lot located
at 1812 Castle Street to Cape Fear Habitat for Humanity (CFHH) for the construction of a
single family, owner-occupied residence.
2. The conveyance shall be subject to the condition that the 10t be used to construct a single
family, owner-occupied residence for low to moderate income citizens in accordance with
requirements adopted by resolution on Aprill9, 1994 and passage of a similar resolution
of conveyance by the City of Wilmington. 'f .
3, The deed for conveyance for the 10t shall not be delivered until ten dáys after notice of the
conveyance has been advertised, as required by G.S. 160A-267.
4. Final conveyance is subject to passage of a resolution by the Wil~ington City Council
conveying their interest in the property.
AdO~.. d. at a regular meeting .. .
on ~/l jJ ,20~
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ATTEST:
CW- '~v: )f/~
'-"~erk to the Board
New 70ver Cou~ty Board of Commissioners
7d{)/lW) Ie).
Chairman