2004-11-08 RM Exhibits
R# 29.9.1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
"WHEREAS, November, 2004 marks the 26th anniversary of National Hospice Month;
and
WHEREAS, in 2003, one million Americans living with life-limiting illness and their
families received care from 3,300 hospice and palliative care programs in communities
throughoutthe United States; and
WHEREAS, hospice care provides patients and families with professional medical
services, pain and symptom control, and emotional spiritual support, most often delivered
in the home, al10wing patients to. live in dignity, treated with respect, surrounded and
. supported by loved ones, familiar friends and committed care-givers; . and
WHEREAS, professional and compassionate hospice staff and trained volunteers,
including physicians, nurses, social workers, therapists, counselors, health aides and
clergy provide comprehensive care, malcing the wishes of each patient a priority; and .
. ...WHEREAS, FAMILY MEMBERS AND LOVED ONES RECEIVE COUNSELING AND BEReavement care
to help them cope with the many losses they face during the illness and with the grief
they experience afterwards; and·
"TßEREAS, providing high-quality hospice care reaffirms our belief in the essential
dignity of every person, regardless pf age, health or social status, and thàt every stage of
human life deserves to be treated with the utmost respect and care;
. NOW THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the month of November, 2004 be declared National Hospice Month
in New Hanover County and that all citizens are urged to increase their awareness of the
importance and availability of hospice services and to observe tbis month with
appropriate activities and programs.
Adopted the 8th day of November, 2004.
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Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
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R# 29.9.3
FY2005-2006 CT Application
Federal/State Certifications
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
. RESOLUTION
Applicant Seeking Permission to Apply for Community Transportation Program Funding,
EnterInto Agreement With The North Carolina Department Of Transportation
And to Provide the Necessary Assurances.
, ,A motion was made by (Board Member's Name)
Nancy Pritchett
and seconded by (Board Member's Name) . Julia Boseman
for the adoption of the following resolution, and upon being put to a vote was duly adopted.
WHEREAS, Article 2B 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 federa]
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 alterriatives, training.and conference participation, reporting and otherrequirements (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, regúlations, 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 100 I of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)*
Chairman
of (Name of Applicant's· Governing Body) New HanoverCountyBoard of Commissioners
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.
I (CertifYing Official's Name)* Sheila L. Schult (Title) Clerk to the Board
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's Governing Board)
duly held on the L day of November. 2004
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. Signature of CertifYing Official
* Note that the official authorized to submit the grant application, certifying 0
individuals. ..-1ì
Subscribed and sworn to me (date) ,I leV. / lP Jd 00+
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Address ' ¡' NEW HANOVER COUNrY,
M ,. . (d ) . TERESA P. ELMORE ~
Y commIssIon expIres ate I Mv Commission Explros 4/19108 ~
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Section II
9
R# 29.9.4
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
In the Matter of Closing
The South Portion of Pine Avenue
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
a Resolution of Intent to close the southern portion of Pine Avenue located near Santa
Maria Avenue was adopted by the County Commissioners on the 4th day of October,
2004 and it fmther appearing that said resolution called for a hearing to be held on the 8th
day of November 2004, at which time the County Commissioners would hear complaints
and comments of interested persons, and it further appearing that notice of said hearing
was published in the Wilmington Star News Newspaper in accordance with the Road
Closing Ordinance of New Hanover County, and after conducting such hearing the
County Commissioners are of the opinion that the southern portion of Pine Avenue in the
County of New Hanover should be closed and are satisfied that the closing O'f same is not
contrary to the public interest, and that no individual owning property in the vicinity of
the roads will be deprived of reasonable means of ingress and egress to bis property by
such closing, the legal description of said road being as follows:
Beginning at a point in the western line of Pine Avenue (20.0' right of way) as shown on
a map of Santa Maria, recorded in Map Book 4 at Page 28 of the New Hanover County
Registry, Said point ofbegi1l1ling beingJocated South 36 degrees 51 minutes 59 seconds
East - 214,86', as measured along said right of way line, from the point of intersection of
said right of way extended to the north with the center line of Santa Maria Avenue (30.0'
right of way) which is located South 53 degrees 13 minutes 44 seconds East - 1522.66',
as measmed along said center line, fÌom the point of intersection of said center line with
the center line of Oak Avenue as shown on the afore mentioned map. Running thence
from said point ofbegi1l1ling with the southern right of way line of an existing 30.0' wide
easement, as shown on a map recorded in Map Book 34 at Page103 of New Hanover
County Registry, South 53 degrees 17 minutes 35 seconds East - 20.00' to a point in the
eastern right of way line of Pine Avenue; thence with the eastern right of way line of Pine
Avenue South 36 degrees 51 minutes 59 seconds West - 250.51' to a point in the Mean
High Water Line of Pages Creek' thence with the Mean High Water Line of Pages Creek
North 60 degrees 52 minutes 21 seconds West - 11.9' to a point; thence continuing with
the Mean High Water Line North 86 degrees 15 minutes 05 seconds West - 10.64' to a '
point; thence with the western right of way line of Pine Avenue, North 36 degrees 51
minutes 59 seconds East 257.77' to the point ofbegi1l1ling, containing .116 acres more or
less and being the southern portion of Pine Avenue.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
described road be and the same is hereby closed. It is further ORDERED that a copy of
this order be filed in the Office of the Register of Deeds of New Hanover County, North
Carolina,
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Clerk to the Board
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Robert G. Greer, Chainnan
Adopted tins the 8th day of November, 2
Attest:
SUP 3.30.1
ADDENDUM
To Special Use Order for Case:
S-452,OllOO
S-452, 10/04 Expansion
1. Add two new soccer fields on the northern portion of the site, picnic/play area, stormwater
management, skills area, associated parking, and restroom íacilitiesas shown on site plan.
2. Add lighting to existing field "A" and extend light poles to 45' tall for both existing fields
"A" and "B" as shown on site plan
3. Add lighting in the parking area with the cQ,ndition that the lighting in the parking area shall
be low level ground type lights. .
4. Lighting shall be turned off by 8:30pm.
5. All conditions from the original special use permit not modified by this addendum shall
remain in effect.
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RöbertG. Greer; Chairman
Attest:
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Clerk to the Board
ZB1.5.53
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6, 1971
CASE: Z-786, 10/04
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Sectiòn 1. The Zoning Map of Zoning Area No.5 ishereby amended by removing the hereinafter described tract
from the R-15 Residential DistrictClassification and placing it entirely in the CD(B-2) Conditional Use Highway
Business District Classification, said land being described as follows:
BEGINNING at a point of intersection of the Western line of us Highway 17 (Market Street) and the dividing
line between Lots 5 and 6 of the WB. Cannady Division as the said Cannady Division is shown upon the map
prepared by J.L. Becton, CE in January 1924 and recorded in Map Book 2 at Page 82 of the New Hanover
County Registly; running thence from said beginning point in a Southwesterly direction andwith the Westernmost
right-ofway line of us Highway 17 (Market Street) South 48 degrees 31 minutes 50 seconds West 171.84 feet to
a point; thence continuing along the Westernmost right-of-way line of us Highway 17 (Market Street) along a
curve to the East to a point located South 47 degrees 17 minutes 25 seconds West a chord distance of 122.01 feet
another point in the Western right-of-way line of us Highway 17 (Market Street) which marks the
Northeasternmost corner of a cemetery tract as the same is depicted on the WB. Cannady Division map; thence
leaving the Western right-ofway line of us Highway 17 (Market Street) and running with the Northernmostline
of the said cemetery tract North 42 degrees 37 minutes 26 seconds West 103,47 feet to a point; running thence
along the Westernmost line of the said cemetery tract South 46 degrees 15 minutes 33 seconds West 135. 62feet to
a point in the Southernmost line of Tract 6 of the said WB, Cannady Division; running thence with the Southern
line of said Tract 6 of the WE, Cannady Division North 44 degrees 00 minutes 00 seconds West 117.00 feet to a
point; continuing thence with the Southern line of the Tract 6 WB. Cannady Division North 50 degrees 44
minutes 55 seconds West 800.79 feet to a point marking the Westernmost corner of said Tract 6 WE, Cannady
Division; running thence with the Northwestern line of Tract 6 WE. Cannady Division North 46 degrees 43
minutes 19 seconds East 520.45 feet to a point; running thence with the common line between Tracts 5 and 6 of
the WE. Cannaday Division South 44 degrees 00 minutes 00 seconds East 1019.92feet to the Western right-of-
way line of us Highway 17 (Market Street) thepoint and place ofbegim1ing; the same being d,esignqted as Tr(lçt
6 on the aforesaid map and containing 10.56 acres more or less,
Section 2. The County Clerk is hereby authorized and directed under the supervIsIOn of the County
. Commissioners to Change the Zoning Map 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 ofthe County of New Hanover, North Carolina, and shall be in full force and effect ITom and after its
adoption,
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Robert G, Greer, Chairman
Attest:
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C]erk to the Board
SUP 3.30.2
COUNTY OF NEW HANOVER
STATEOFNORTHCAROLmA
ORDER GRANTING A SPECIAL USE PERMIT
For Mini-Warehouses in a CD (B-2)
Conditional Use Highway Business District
Z-786, 10/04
The County Commissioners for New Hanover County having held a public hearing on November 8,
2004 to consider application number Z-786 submitted by Jeffrey Keeter for Martin Self Storage to
permit a Mini-Warehouse Project in a Conditional Use Highway Business District located in the 9100
Block of Market Street on the West side and having heard all oftheevidence 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 72-27 ofthe 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 i£located where proposed and developed according to the plan as submitted
and approved. In support ofthis conclusion, the Commissioners make the following FINDINGS
OF FACT:
A. The site is located in the Ogden Fire District.
B. The site is served by well & Septic.
C. The site has access to Market Street north of the 1-140
Interchange. Market Street is classified as an Arterial Road by
the Thoroughfare Classification Plan.
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. A site plan which meets the requirements of the ordinance has
been submitted and Reviewed.
B. The site plan has been shown on an aerial photograph and the
applicant intends to preserve significant trees.
C. Based on the information provided a traffic impact analysis is
not required for the project.
D. Signage is limited to the requirements of the Special Highway
Overlay District.
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. The subject property is located in an R-10 residential
district. Duplexes are permitted by special use permit in the
R-10 district.
B. No evidence has been presented to indicate that the proposed
use will injure property values.
"
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 majority of the surrounding parcels are acreage parcels.
B. The nearest home is on the property adjacent and north of the
subject property. There are no other residential structures
directly adjacent to the subject property.
C. There is an existing Cemetery adjacent and south of the subject
property. The petitioner has submitted a report from an
archeologist that no evidence of graves was found within a 3D'
buffer zone along the abutting property line.
D. No evidence has been presented to date that this facility will
decrease the value of adjoining property.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HA VEbeen satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subjectto the following
conditions:
A. The 1999 Land Classification Plan identifies this area as Rural.
The purpose of the Rural class is to provide for areas of low
intensity land uses, such as agriculture, forest management,
mineral extraction, and other traditional agrarian uses. This
classification discourages the premature conversion ofthes.e
lands into urban-type uses and the subsequent loss of resource
prod1lction.
B. Currently there is one house on the property.
C. The 1-140 interchange is actively under construction in front of
the property and further south.
A. Other:
1. All other applicable federal, state and local laws.
W~
Robert G. Greer, Chairman
Attest:
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Clerk to the Board·
R# 29.9.2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION '
WHEREAS, every child deserves the chance to grow up in a loving, stable family.
Unfortunately, many children in New Hanover County will never get this chance unless
we get involved; and·
WHEREAS, adoption is the goal for many special needs children in foster care; and
WHEREAS, some special needs children are teenagers, and soÏnehave physical, .
, emotional and behavioral challenges, They are children of a 11 races, Many have been
'neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers
, and sisters who want to growup together. They need our care and ,they need security; .
and
WHEREAS, hundreds of foster children with special needs in North Carolina still need
'·loving, permanent families; and
.. WHEREAS"over seventy children in New Hanover County are waiting for adoptive'
, "families, . Many ot4er children are in the legal process of being cleared for adoption.
. . ..'
. .. .. .
NOW, THEREFORE ,BE IT PROCLAIMED by the New Hanover County Board of
Comillissioners'tlÌat themonthofNovember, 2004 be declared Adoption Awareness·
. " '.Mónth. ~ New Hanòver Coùnty in recognition of National Adoption Awareness Month.
¡ . ,Fùrther we,thank all adoptive mothers and adoptive fathers for their commitment to
'children and encourage,~ur"community to honor the special needs of New Hanover ,
:', County's children ,in hopes óf.securing-a pennanent, loving family for each and every
. . child regardless of race, age, gender, health, emotional or behavioral condition and past .
distress, . . .
f
Adopted this the 8th day of November, 2004.
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Sheila L. Schult, Clerk to the Board
Robert G, Greer, Chairman
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