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2011-03-14 RM Exhibits NEW HANOVER COUNTY Jonat Chairman Id,Jr. I U ,fir 'Qj Jason R.Thompson BOARD OF COMMISSIONERS Vice-Chairman 2 (1 Ted Davis,Jr. j, < Commissioner _ 0 230 Government Center Drive, Suite 175 Brian M.Berger Commissioner Wilmington,Wilmington, NC 28403 Richard G.Catlin (910) 798-7149 Exhibit Commissioner 2 (910) 798-7145 Fax ! •'�rgR[ISHEn�� . . ,_ la tLJ Pa a L.Schult www.nhcgov.com Clerk to Board i NEW HANOVER COUNTY BOARD OF COMMISSIONERS I RESOLUTION SUPPORTING CORRIDOR PRESERVATION FOR THE FUTURE HAMPSTEAD BYPASS (R-3300) WHEREAS, the US 17 Corridor Study includes the Hampstead Bypass (R-3300) and Military Cutoff extension (U-4751); and WHEREAS, the US 17 Corridor study has been underway for several years and is part of the NC Strategic Highway Corridor Initiative to preserve and maximize long-term interconnectivity of core transportation corridors in North Carolina; and i WHEREAS, the proposed Hampstead Bypass (R-3300) extends from the Wilmington Bypass in New Hanover County to US 17 in Pender County; and WHEREAS, various alternatives have been studied and opportunities for public input into the process have been extensive; and j WHEREAS, the number of alternatives under consideration has been reduced from thirteen to six with all options extending beyond the Topsail High School; and i WHEREAS, Alternative E-H has less residential and business displacements; and WHEREAS, the New Hanover County Board of Commissioners recognizes that the corridor will be selected following the completion of the environmental study; and WHEREAS, due to the possibility of encroaching development it is critical to protect and preserve a transportation corridor; and i WHEREAS, North Carolina General Statutes 136.44-50 provides authority for local governments, North Carolina Department of Transportation, North Carolina Turnpike Authority, regional transportation agencies and the Wilmington MPO to preserve and protect transportation corridors. I I I NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes the need to preserve and protect corridors and hereby supports filing a transportation corridor official map for Alternative E-H of the Hampstead Bypass (R-3300) from the Wilmington Bypass in New i Hanover County to US 17 in Pender County. ADOPTED this the 14th day of March, 2011. NEW OVER COUNTY i OVNTY.� 64athan Barfiel it an O ST: �!� XM I '� a2 Sheila L. Schult, Clerk to the Board i i Exhibit ,L 3 AGENDA: March 14,2011 Book-YPage2- NEW HANOVER COUNTY BOARD OF COMMISSIONERS j AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-179 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-179 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund:General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriffs Office/Uniform Patrol: Uniforms Purchase $23,388 Finance/Nonde artmental: Contingencies $11,694 Total $11694 $23,388 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant—Federal:2010 BVP Grant $11,694 Total $11694 Section 2: Explanation To budget grant award of$11,694 from the Bureau of Justice Assistance for the purchase of bulletproof vests. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies balance is $376,218. 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 11-179, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this ���day of ,`�,y�,�1 ,2011. i 1✓ G0 0 Barfiel a' an �i f Sheila L. chult,Clerk to the Board i 1 d f 3 y3 F i i Exhibit ��� Book� -Page_.._., AGENDA: March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-190 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-190 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Administration Expenditure: Decrease Increase Sheriff's Office/Administration: Training and Travel $12,866 Total $12 866 Revenue: Decrease Increase Sheriff's Office/Administration: Grant—Federal—Port Security Grant $12866 Total $1T,866 Section 2: Explanation To budget a 2008 Port Security grant award of$12,866 for Dive Team Training to increase personnel safety and port security through underwater investigation.No County match is required. i 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 11-190, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this day of '�l�r�� c A 2011. Q- Ty.N0 0 'o �J o than B e ,J rman ti Sheila L.Schult,Clerk to the Boar f i i i E fi x v N T Y. Jonathan Barfield,Jr. NEW HANOVER COUNTY Chairman BOARD OF COMMISSIONERS Jason R.Thompson S Vice-Chairman 2 Ted Davis,Jr. Q Commissioner 230 Government Center Drive, Suite 175 Brian M.Berger Commissioner 2 Wilmington, NC 28403 Exhibit Richard G.Catlin ti a (910) 798-7149 xX V P1gA Commissioner • r ��• (9 10) 798-7145 Fax Book �✓ ,,,, Alf ISHFn Sheila L.Schult www.nhcgov.com Clerk to Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID FOR INMATE AND STAFF FOOD SERVICES WHEREAS, after due advertisement, proposals were received on January 18, 2011, from bidders interested in providing the service of preparing and serving food for inmates and administrative staff at the County's Detention Facility; and WHEREAS,costs received from those bidders deemed to be responsive and responsible are named below: Trinity Food Services $0.9400 ABL Management $1.3317 Aramark $1.3780 WHEREAS, staff conducted mandatory interviews with these three bidders on February 8, 2011, and after interviews and evaluations were completed, staff selected Trinity Food Services as the company to recommend to the Board for award of the contract; and WHEREAS,not only is this company the lowest responsive,responsible bidder,this company also is currently providing food services at the County's Detention Center at a cost of$.91 per meal and is willing to continue providing this services at a modest increase of only$.03 per meal for a total price per meal of only$.94. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the bid for providing Inmate and Staff Food Services at the County's Detention Facility is hereby awarded to Trinity Food Services Group and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 14`h day of March, 2011. NEW HANOVER COUNTY p C'y Jo at an Bar Chairman o EST: k XC1 I 3y /2 Sheila L. Schult, Clerk to the Board 3 i I { E I i 1 S t 7 1 S Exhibit Book Page; AGENDA: March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-188 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-188 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund:General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriff's Office/Uniform Patrol: Capital Outlay-E ui ment $109 770 Total $109,770 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant—Federal—Port Security Grant $109,770 Total $109,770 Section 2:Explanation To budget a 2008 Port Security grant award of$109,770 for the purchase of a submersible robot for the Boat Team.No County match is required. 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 11-188, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this day of ���r ,`� ,2011. GOVNTY.ti0 (S AL O 3� i -y a J ath Barfie d, , ` h ' ari Sheila L.Schult,Clerk to the Board i I 's t i Exhibit �✓ Book Page AGENDA:March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-174 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-174 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund: General Fund Department:Parks,Gardens and Senior Resource Center/Health and Wellness Promotion Ex enditure: Decrease Increase Parks Gardens&SRC/Health&Wellness Promotion: Title 3 Health Grant Contract Services $2,373 Total $2,373 Revenue: Decrease Increase Parks Gardens&SRC/Health&Wellness Promotion: Grant-State $2,373 Total $2,373 Section 2:Explanation To budget Evidence-Based Health Promotion grant of$2,373. These funds will be used to conduct classes for two evidence-based curricula:A Matter of Balance,which is designed to help seniors prevent falls;and Chronic Disease Self-Management, which helps seniors manage chronic diseases such as high blood pressure and diabetes. This Grant requires a 10% match, which has been identified within the existing budget. 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 11-174, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this I��day of �; ���C'k C,,1 ,2011. 0 v*1TY.ND J nathan Bar 7f, air an Shei a L.Schult,Clerk to the Board i yI Exhibit _ Book XXX�✓ Page . . b AGENDA: March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-178 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-178 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund: General Fund Department: Social Services/Energy Neighbor and Administration Expenditure: Decrease Increase Social Services/Energy Neighbor: Assistance Payments $16277 Total $16,277 Revenue: Decrease Increase Social Services/Administration: DSS Administration 1571 Funds-Federal/State $16,277 Total $16,277 Section 2:Explanation To budget a one-time additional allocation of $16,277 in (Progress Energy) Energy Neighbor funds to provide emergency assistance to low-income households to help pay for heating costs. There are no matching County funds required. 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 11-178, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this ay of GOX)r1TV.^,O (SE O J onathan Bar�f �an Sheila L.Schult,Clerk to a Board i i I Exhibit G Book xx Page ._.— AGENDA:March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-185 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-185 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund: General Fund Department:Health/Administration Expenditure: Decrease Increase Health/Administration: Travel and Training $7,5 0 i Total $7,500 Revenue: Decrease Increase Health/Administration: State Grant—Public Health Quality $7500 Total $7,500 Section 2:Explanation The Health Department has received a grant award of$7,500 from the North Carolina Center for Public Health Quality for Quality Improvement 101 Course training programs.These funds will be used to provide the Health Department with Quality Improvement (QI) training programs so they can learn and apply QI methods and tools within their setting. Approval of this grant application was given at the July 12, 2010 County Commissioner's meeting.No matching County funds are required. 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 11-185 amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this day of �1 c�f� `'� ,2011. O y117 0///�" athan 1 airman T:a2 / Sheila L.Schult,Clerk to tFe Boar r i i r i I Exhibit Book XXZC!✓Page 4. 6 A AGENDA: March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-186 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-186 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund:General Fund Department:Health/Women's Preventive Health Ex enditure: Decrease Increase Health/Women's Preventive Health: Contract Services $82000 Supplies 17,0 0 Total $25,000 Revenue: Decrease Increase Health/Women's Preventive Health: Grant — State — NC Dept of Health & Human $25,000 Services Total $25,000 Section 2:Explanation The Health Department received$25,000 additional funding from the North Carolina Department of Health and Human Services, Division of Public Health, for Family Planning (Title X) approved expenses. These funds have been awarded as one-time bonus funds based on performance as demonstrated by increased caseload of family planning patients.No County matching funds are required. 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 11-186, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. GOX)NTy.Hod opted,this day of 2011. o (S ' Jon-a-than Sheila c ul Clerk to the oard i Exhibit Book X�VPage �• i AGENDA:March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-187 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-187 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund:General Fund Department:Health/Administration Ex enditure: Decrease Increase Health/Administration: —Supplies–Port Security $6,000 —Capital Outlay-Motor Vehicles–Port Security 30,000 Total $36,000 Revenue: Decrease Increase Health/Administration: Grant–Federal/State–Port Security $36,0 0 Total $36,000 Section 2:Explanation The Health Department has received a grant award of$36,000 from the Port Security Grant Program.These funds will be used to enhance the department's ability to respond in partnership with the Port of Wilmington and the New Hanover Regional Medical Center to assure effective communication with sick international crew members,port employees and citizens, while also allowing for the effective and proficient movement of essential medical supplies during times of public health emergencies in New Hanover County. Specifically, these funds will be used for the purchase of translation/communication enhancement equipment, a transport vehicle and an enclosed trailer with tire lock.Approval of this grant application was given at the May 18,2009 County Commissioner's meeting.No matching County funds are required. 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 11-187, amending the annual budget ordinance for the fiscal year ending June 30,,2011,is adopted. Gp�N ted,this��� \ day of t.t.C. ,2011. O (S I •F Eo�� J than Barfiel irman j A SheilrL.Ychult,Clerk to the–Board- e 4 I i `s i i { Exhibit Book X Page 4. •' AGENDA:March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011-37 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-37 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund:Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property(DOJ): Supplies $12,,002 Total $12,002 Revenue: Decrease Increase Federal Forfeited Property(DOJ): Federal Forfeited Property $12,002 Total $12,002 Section 2a:Explanation To budget Federal Forfeited Property (DOJ) receipts of 2/8/11 and 2/22/11. Department of Justice (DOJ) receipts are for drug seizures and Alcohol,Tobacco and Firearms cases.Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. — Expenditure: Decrease Increase Federal Forfeited Property(DOJ): Capital Outlay—Motor Vehicle $7,014 Total $7,014 Revenue: Decrease Increase Federal Forfeited Property(DOJ): Federal Forfeited Property $7,014 Total $7,014 Section 2b:Explanation To budget insurance proceeds for a wrecked motorcycle originally purchased with Federal Forfeited Property(DOJ)funds.These proceeds will be used toward the purchase of a replacement motorcycle. 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 2011-37,amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. GOVNTY. pted,this day of `,�� rte` ,2011. Z az J athan Ba Sheila L. chult,Clerk to the oar i Exhibit Book Page �• 9 AGENDA:March 14,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011-38 s BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-38 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $8,207 i Total $8,207 i Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $8,207 I Total $8,207 i Section 2:Explanation To budget Controlled Substance Tax receipts of 2/18/11. Controlled Substance Tax funds are budgeted as i 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 2011-38,amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. l OvNTY ted,this �1�L-day of 4'\ t ��. ,2011. j O (S O G 3 �2 i Eon athan Barfi ,Chairman Shei a L.Schult,Clerk to the Boar i i E I I I t j r i 3 F t 4� 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS EAU PROCLAMATION Book p9a NORTH CAROLINA BLACK FILM FESTIVAL WHEREAS, the Black Arts Alliance was founded in August 1998, by a group of artists and arts patrons as a multidisciplinary vehicle for the advancement of Africa n-American arts and culture; and WHEREAS, the Alliance serves as an advocate for arts and artists, nurtures emerging and veteran artistic talent, and develops new works in the performing, visual, and literary arts; and 1 01h WHEREAS, the Black Arts Alliance, Inc. will present the annual North Carolina Black Film Festival, March 24-27, 2011 at the Cameron Art Museum, the Community Arts Center, and Screen Gems Studios; and WHEREAS, the four-day festival, formerly known as Cine Noir Festival of Black Film, includes a jury competition of short subject, feature-length, documentary, and animated films by and about African-Americans; and WHEREAS, most of these screenings are North Carolina premieres and recognize Emerging and Distinguished Filmmaker honorees for meritorious contributions to American cinema; and WHEREAS, the Black Arts Alliance promotes the greater Wilmington area as a possible location for future film projects by encouraging visiting filmmakers to tour Screen Gems Studios, Wilmington Camera, and other industry resources; and WHEREAS, the sponsors, which include the North Carolina Arts Council, Landfall Foundation, Screen Gems Studio, Ken Weeden & Associates, and Coast 97.3, invite everyone to join in the celebration of the North Carolina Black Film Festival. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 24-27, 2011 be known as the North Carolina Black Film Festival in New Hanover County; and BE IT FURTHER PROCLAIMED, that the Board urges all citizens to enjoy the rich culture of our area by recognizing the contributions of Africa n-Americans in film and participating in the celebration of the Black Film Festival. 1h ADOPTED the 14 day of March, 2011. NEW HANOVER COUNTY JoO�than Barfielol,/Jr., (enairman ATTEST: Vk1 h e iT2 Schult, Clerk to the Board Exhibit AGENDA:March 14,2011 Book XX)(1 I/ Page g NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-196 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-196 be made to the annual budget ordinance for the ! fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund:General Fund Department: Planning and Zoning/Finance/Nondepartmental Expenditure: Decrease Increase Planning and Zoning: Contract Services $54,028 i Finance/Nonde artmental: Contingencies $54,028 { Total $54,028 $54,028 Revenue: Decrease Increase i i Total Section 2:Explanation To budget for Consultant to conduct air quality monitoring for sulfur dioxide at additional locations in New Hanover County. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies balance is$376,218. 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 11-196, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. GovNTY•^, opted,this �� day of ,2011. O FnABUSHEO`�• Jo n Barfie , ,Chairman A T: j Sheila L. Schult,Clerk to the Board i i f i i t i i f SUP B ook 3S ..L� Page _ — COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Fire Station in an R-15 Residential Zoning District S-602, 12/10 The County Commissioners for New Hanover County having held a public hearing on March 14, 2011 to consider application number S-602 submitted by New Hanover County Fire Services, for a special use permit to construct a fire station on 0.8 acres of the 42.55 acre tract located at 6101 Carolina Beach Road, an R-15 Residential Zoning District, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: E i 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth j in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans and findings submitted to the County Commissioners 0 and attached as part of this special use permit. 3 2. 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, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following condition: A. 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 jurisdiction, then this permit shall become void and of no effect. B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if construction or occupancy has not commenced within 24 months of the date of this approval. C. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; all other state, federal and local rules; and any additional conditions hereinafter stated. 9 f Ordered this 14a'day of March, 2011. a GOVNTY.tio athan B e d, ., Chairman Attest: ''� � Sheila L. Schult, Clerk to the Board r Findings of Fact: 1)The use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; m 2)The use meets all required conditions and specifications of the Zoning Ordinance; 3)The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity;and 4)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. I i i i i E R I E { f � 3 t I t I C i2 1 S i qs i 2 1 S v <t { A