2009-12-07 RM Exhibits�a'tN..l..k, -,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON NC 28403
(910) 798 -7149 • (910) 798 -7145 FAX • WWW.Ni�CGOV.COM
Jason R. Thompson, Chairman -Jonathan Barfield, Jr., Vice - Chairman
Robert G. Greer, Commissioner - William A. Caster, Commissioner -Ted Davis, Jr., Commissioner
U
Sheila L. Schult, Clerk to the Board Exhibit
Book XX Page d 3 - I
NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVAL OF PUBLIC OFFICIALS BOND
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County
Commissioners conducts an annual review of public official bonds; and
WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and
to be in proper format.
NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for
the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is
hereby incorporated within the respective bond as if set out in its entirety on the face thereof.
ADOPTED this the 7th day of December, 2009.
j s O COU NTY
R. Thompson
man
Sheila L. Schult
Clerk to the Board
Page 1 of 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 7, 2009
CONSENT
ITEM:
DEPARTMENT: Tax
CONTACT(S): Roger L. Kelley
SUBJECT:
Approval of Release of Tax Value
BRIEF SUMMARY:
PRESENTER(S): Roger L. Kelley
Exhibit Z n Z
Book xx., x! . Page
Request the following taxpayers be granted the Senior Citizen/Disability Exclusion or Veterans Exclusion:
(applications and letters explaining late filing available upon request)
Abeyounis, Phyllis
$ 128,810
Coats, Etta Sherrod
73,117
Culp, Ronald
49,414
Farrar, Rebecca
91,432
Fulwood, Jerry
142,188
Gibson, George
45,000
Holt, Patricia
92,292
Huff, Clara
108,959
Jackson, Ruby S.
85,799
Lankosz, Andrezej
45,000
LaRocca, Anna
74,981
McDonald, Robert L.
45,000
Rabon, Mary
65,208
Peterken, Jean
108,876
Powell, Eugene
52,478
Sellers, John
63,161
Sidberry, William
45,000
Urbinati, Victor
115,204
Swain, Robert
181,793
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
http: // apps. nhcgov.comlagendaintIBluesheet. aspx ?itemid= 2048 &itempageid =3 &meetingi... 11/23/2009
AGENDA: December 7, 2009 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book Xl yll NO a 3, 36L
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -103
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -103 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Adult Day Care Services
Expenditure:
Decrease
Increase
DSS /Adult Day Care Services:
Adult Day Health
$1,934
Adult Day Care Services
1,564
Total
$3,498
Total
$3,498
Revenue:
Decrease
Increase
DSS /Administration:
DSS Admin 1571 Funds - Federal
$3,498
Total
$3,498
Section 2: Explanation
To budget an additional allocation of federal funds to be used to provide adult day health and adult day care
program services. There is no County matching requirement, and no requirement to continue the program
after funding ends.
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 10 -103, amending the annual
budget ordinance for the fiscal year e ding June 30, 2010, is adopted.
Adnnted thiq day of 2Q 2009.
�2"
Exhib
AGENDA: December 7, 2009 Book 1 � Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -104
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -104 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Adult Day Care Services
Expenditure:
Decrease
Increase
DSS /Adult Day Care Services:
Adult Day Care Services
$2,949
Total
$2,949
Revenue:
Decrease
Increase
DSS /Administration:
DSS Admin 1571 Funds - State
$2,949
Total
$2,949
Section 2: Explanation
To budget a one -time additional allocation of state funds to be used to provide adult day care
services. There is no County matching requirement, and no requirement to continue the program
after funding ends.
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 10 -104, amending the annual
budget ordinance for the fiscal year e ing June 30, 2010, is adopted.
Adopted, thi day of 2009-
I �
Exhibit
Book LM 1L Page 2:L_ — 3 C—
AGENDA: December 7, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -105
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -105 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Administration
Expenditure:
Decrease
Increase
DSS /Administration:
Salaries and Wages
$3,267
Social Security Taxes
250
Retirement - LG
160
Medical
300
LTD
8
Total
$3,985
Revenue:
Decrease
Increase
DSS /Administration:
DSS Admin 1571 Funds - State
$3,985
Total
$3,985
Section 2: Explanation
To budget a one -time additional allocation of state funds to be used to support a portion of salaries
and benefits for permanency planning staff. These positions are currently budgeted in the FY09-
10 budget. There is no County matching requirement. The additional one -time allocation will
reduce net County costs for regular permanency planning (finding homes for foster children).
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 10 -105, amending the annual
budget ordinance for the fiscal year en ing June 30, 2010, is adopted.
Adopted, this day of� 2009.
Exhibit
AGENDA: December 7, 2009 Book A X / I Page 49-1 1 Q_
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -107
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina_ that the following Budget Amendment 10 -107 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Administration
Expenditure:
Decrease
Increase
DSS /Administration:
Salaries and gages
$10,640
Social Security Taxes
814
Retirement - LG
520
Medical
1,603
LTD
27
Total
$13,604
Revenue:
Decrease
Increase
DSS /Administration:
DSS Admin 1571 Funds - Federal
$13,604
Total
$ 13,604
Section 2: Explanation
To budget a one -time additional allocation of federal funds to support monthly caseworker visits
with clients. Funds will be used to pay a portion of the salaries and benefits for three caseworkers.
The caseworker positions are currently budgeted. There is no County matching requirement. The
additional allocation will reduce the net County costs of funding these positions.
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 10 -107, amending the annual
budget ordinance for the fi$cal year en ' g June 3 2010, is adopted.
Adopted, this day of "P-?.— , 2009.
NTY.
3y �� 4JasonRpson, Chairman
2
• ,f !SHED \\
Shei a . Schult, Clerk to the oard
Exhibit
Book XXX I I Pa98
AGENDA: December 7, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -106
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -106 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Revolving Loan Program
Department: Finance
Expenditure:
Decrease
Increase
Revolving Loan Program:
Contract Services
$95,516
Total
$95,516
Revenue:
Decrease
Increase
Revolving Loan Program:
Appropriated Fund Balance
$95,516
Total
$95,516
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Finance
Expenditure:
Decrease
Increase
Juvenile Crime Pysch Services:
Miscellaneous - Other
$4,702
Total
$4,702
Revenue:
Decrease
Increase
Appropriated Fund Balance:
Appropriated Fund Balance
$4,702
Total
$4,702
Section 2: Explanation
Revolving Loan Program: As of 6/30/09, the Revolving Loan Program had a fund balance of $95,516, which
is designated for water /sewer hookups, tap fees, and connection charges. This budget amendment will
budget the designated funds in FY09 -10.
Juvenile Crime Pysch Services Grant: As of 6/30/09, $4,702 was unspent. This budget amendment will roll
these funds to FY09 -10 budget so a check can be issued to JCPC for $4,702.
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 10 -106, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this 1 day of 2009.
Exhibit z 3.3 -F
Book W/I Page
AGENDA: December 7, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -108
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 10 -108 be made to the annual budget ordinance for the fiscal year ending June 30,
2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Museum/Museum Design Master Plan
Expenditure:
Decrease
Increase
Museum Design Master Plan:
Contract Services
$15,000
Supplies
5,000
Total
$20,000
Total
$20
Revenue:
Decrease
Increase
Museum Design Master Plan:
Cape Fear Museum Associates contribution
$20,000
Total
$20,000
Section 2: Explanation
To budget contribution from Cape Fear Museum Associates, Inc., for the Museum Design Master Plan.
Funds will be used to contract for constructing the walls of the exhibit, and provide painting of the ceiling.
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 10 -108, amending the annual budget ordinance
for the fiscal year ending June 30, 201 , is adopted.
Adopted, this 1� day of , 2009.
Exhibit
AGENDA: December 7, 2009 Book XXX Page g
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -109
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -109 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library /Consumer Health Library
Expenditure:
Decrease
Increase
Libra /Consumer Health Library:
Supplies
$5,000
Total
$5,000
Revenue:
Decrease
Increase
Library/Consumer Health Libr
National Library of Medicine grant
$5,000
Total
$5,000
Section 2: Explanation
The Consumer Health Library has been awarded a $5,000 grant from the National Library of Medicine for a
Community Day Pilot Project. The project's mission is to provide information to assist citizens to prepare
for emergencies of various types, develop information kits for vulnerable populations, and exhibit at the
annual Hurricane Expo and other community events.
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 10 -109, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this � day of 2009.
4 J — ason.'rhomppson, Chairman
Exhibit
AGENDA: December 7, 2009 Book W'X Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010 -34
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010 -34 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Prope
Supplies
$45,668
Total
$45,668
Revenue:
Decrease
Increase
Federal Forfeited Prope
Federal Forfeited Property
$45,668
Total
$45,668
Section 2: Explanation
To budget receipt of $45,668 on 11/06/09. 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 2010 -34, amending the
annual budget ordinance for the fiscal ear ending June 30, 2010, is adopted.
Adopted, this —)� day of Q xsi. , 2009.
!oa -ATY • NO
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Sheila L. chult, Clerk to the Boar
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Exhibit 23. 5-
Book Page
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
In the Matter of Closing the
Western Portion of Chair Road (SR 1332)
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
ORDER
It appearing to the Board of County Commissioners of New Hanover County that a Resolution of
Intent to close the western portion of Chair Road located near the Chair Road overpass and I -140
and extending approximately 3,203 feet to the western tenninus of the road was adopted by the
County Commissioners on the 2' day of November 2009, and it further appearing that said
resolution called for a hearing to be held on the 7"' day of December 2009, 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 western portion
of Chair Road in the County of New Hanover should be closed and are satisfied that the closing
of 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 his property
by such closing, the legal description of said road being displayed on the attached exhibit.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and
the same is hereby closed with the condition that Chair Road be connected, directly or indirectly,
to Rock Hill Road. 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.
Adopted this the 7"' day of December, 2009.
0
z
w1TV _
&aso.hompson, Chairman
ttest:
, � , �t' � . ')" �. ! a
Sheila L. Schult, Clerk to the Board
N
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 - WILMINGTON, NC 28403
(910) 798 -7149 • (910) 798 -7145 FAX • WWW.NiiCGOV.COM
Jason R. Thompson, Chairman • Jonathan Barfield, Jr., Vice- Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Ted Davis, Jr., Commissioner
Em
Sheila L. Schult, Clerk to the Board Exhibit
Book Y 11 Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION WAIVING RECOVERY ZONE FACILITY BOND ALLOCATION
WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 1115 -5) ( "ARRA ") modifies the Internal
Revenue Code of 1986, as amended (the "Code ") to authorize, among others, two new types of bonds entitled "recovery zone
economic development bonds" and "recovery zone facility bonds "; and
WHEREAS, "recovery zone economic development bonds are a subcategory of taxable build America bonds (as defined in
Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 140OU -2 of the Code, the
proceeds of which are to be used for qualified economic development purposes in a recovery zone; and
WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility
bonds" in Sections 1400U -I and 140OU -3 of the Code to finance construction, renovation, or acquisition of depreciable property
by a private taxpayer of a qualified business in a recovery zone, with "qualified business" defined to include any trade or business
other than residential rental property and certain prohibited uses outlined in the Code; and
WHEREAS, NCAC Chapter 01, Subchapter 01H Section .0400 -.0404 established procedures for recovery zone bonds allowing
a recipient at any time to waive its allocation and designate it to another jurisdiction; and
WHEREAS, the Lower Cape Fear Water and Sewer Authority (LCFWSA) has requested the County designate its allocation to
Bladen County for use by Smithfield Packing Company in the construction of the Bladen Bluffs Regional Surface Water /Sewer
System; and
WHEREAS, the County does not have any "shovel ready" pending private /partnership projects; and
WHEREAS, the County has determined it is in the best interest of the region to waive its allocation and designate it to Bladen
County for use by Smithfield Packing Company in the construction of the Bladen Bluffs Regional Surface Water /Sewer System.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that:
1. The County hereby waives the Recovery Zone Facility Bonds Allocation in the amount of $9,264,000.
2. The County hereby requests the State to designate the allocation to Bladen County for use by Smithfield Packing
Company in the construction of the Bladen Bluffs Regional Surface Water /Sewer System.
3. The officers of the County are hereby authorized and directed to take all action as may be required in furtherance of
waiving and designating the allocation.
ADOPTED this the 7' day of December, 2009.
ST:
Sheila L. Schuh, Clerk to the Board
�!
COUNTY 01 NEW HANOVER SUP Book.. LV Page
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Child Davcare Facility up to 20 children in an I -2 Industrial Zoning District
S-597,11/09
The County Commissioners for New Hanover County having held a public hearing on December 7, 2009
to consider application number S -597 submitted by Annie George and Miracle Rock Ministry for North
Wilmington Baptist Church for a special use permit to locate a Child Daycare Facility in an I -2 Industrial
District at 2907 Blue Clay 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
The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Sections 71 -1 and 72 -20 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans submitted to the County Commissioners
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, and the Petitioner has
agreed with the findings of fact in the staff report, IT IS ORDERED that the application for the
issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the
following conditions
A. Approval is subject to the outdoor play area being enclosed with a fence
B. 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 local,
state or federal requirements, including possible property upgrades to meet building, fire safety or
other codes.
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 junsdiction, then this permit
shall become void and of no effect.
Ordered this 7 day of December, 2009
//NTY .
�G i A/ C
O c7
< �I
Attest
Sheila L Schult
Clerk to the Board
S -597 Page 1 of 1