2009-10-05 RM ExhibitsExhibit
Book 1 I I Page =4-
AGENDA: October 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-057
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-057 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: Senior Resource Center/Transportation
Expenditure:
Decrease
Increase
Senior Resource Center/Trans ortation:
Transportation
$559
-
Total
$559
Revenue:
Decrease
Increase
Senior Resource Center/Trans ortation:
Grant - State - EDTAP
$559
Total
$559
Section 2: Explanation
To budget $559 of additional transportation funds received from the North Carolina Elderly and
Disabled Transportation Assistance Program (EDTAP).
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 10-057, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
S1_ 2009. day of ed Davis, Jr., Chairm~
Exhibit
Book f i Page iQ • J,~
AGENDA: October 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-19
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-19 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Room Occupancy Tax -1" 3%
Department: Finance
Expenditure:
Decrease
Increase
Room Occupancy Tax:
Erosion Control Payment
$1,500,000
Total
$1,500,000
Revenue:
Decrease
Increase
Room Occupancy Tax:
Appropriated Fund Balance
$1,500,000
-
Total
$1 500 000
Section 2: Explanation
On September 8, 2009, the Board of County Commissioners approved the Port, Waterway and
Beach Commission's recommendation to contribute $1.5 million from the Beach Nourishment
Fund for the navigational maintenance part of the Wrightsville Beach project, without the
condition to supply sand to the Wrightsville Beach portion of the project before sand is provided
to the Masonboro Island. This budget amendment appropriates $1.5 million in Room Occupancy
Tax Fund Balance for this project.
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 2010-19, amending the
annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this I day of 12009.
~ti.1TY - ,v
AL)
ti Ted Davis, Jr., Chairru4
•f'ITA tl
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DOMESTIC VIOLENCE AWARENESS MONTH Exhibit
Book I„ Page 1
PROCLAMATION
WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries,
weakening the very core of our community; and
WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their
children to seek safe shelter, law enforcement prosecutors to expend valuable resources and
families and friends to grieve at the loss of life; and
WHEREAS, 1,369 adults and children sought safe shelter or other direct services at the
Wilmington Domestic Violence Shelter and Services, Inc. in the year 2008; and
WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc. provides emergency
support and ongoing services for victims and survivors of domestic abuse; and
WHEREAS, on Wednesday, September 4, 2002, Gladys Bryant, an employee of New Hanover
County for more than two decades, was killed in an act of domestic violence exhibiting to all her
coworkers and friends, the prevalence of domestic violence and its consequences; and
WHEREAS, many other persons throughout New Hanover County and the United States find
themselves in abusive relationships and need to find security and an end to their physical and
mental attacks.
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of
Commissioners refuses to tolerate domestic violence in any form and wishes to create a society
that promotes strong values, fosters a safe and loving home enviromnent for every family, and
encourages our citizens to redouble their efforts to obliterate the problem of domestic violence
from our families, our neighborhoods and our community.
BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that
October 2009 be recognized as "Domestic Violence Awareness Month" in New Hanover
County.
ADOPTED this the 5t" day of October, 2009.
NEW HANOVER COUNTY
Ted Davis, J~., Char an
Sheila L. Schult, Clerk to the Board
SUP Book. L(AV_.Page X13
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Telecommunication Tower up to 199 feet in height in an R-15 Residential Zoning District
S-593,7/09
The County Commissioners for New Hanover County having held a public hearing on October 5, 2009 to
consider application number S-593 submitted by Pennington Law Firm on behalf of James D. Page for a
special use permit to locate a telecommunication Tower for Alltel Communications in a R-15 Residential
District at 8104 Sidbury 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:
1. The County Commissioners FIND AS A FACT that, based on the findings in the record and agreed to
by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County
Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners.
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 attached
site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as the proposed and approved site plan, and any additional
conditions hereinafter stated and all other state or federal requirements.
B. That the applicant will submit Form 7460 to the FAA for review of the proposal and will follow
any FAA recommendations arising from that review.
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 jurisdiction, then this permit
shall become void and of no effect.
Ordered this 5"' day of October, 2009.
Ted Davis, Jr., Chairman
Attest:
Sheila L. Schuh, Clerk to the Board
S-593 Page 1 of 1
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA "AIRPORT"
OF NEW HANOVER COUNTY, NORTH CAROLINA
ORIGINALLY ADOPTED October 4, 1976
CASE: Z-898,9/09 Zoning Book,
Section 46: ar 'Page
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH
ORDAIN:
Section 1. The Zoning Map of Zoning Area "Airport" is hereby amended by removing
the hereinafter described tracts from the AR Airport Residential Districts and placing
them in the Al Airport Industrial Zoning District, said lands being described as follows:
Beginning at an old pipe on the eastern line of Futch Avenue (now Farley Drive), said
pipe at the intersection of the right of way lines for Futch Avenue, Gordon Road, and
SR 1327, running thence North 12 degrees 50 minutes East 489.3 feet to an
intermediate point; thence North 12 degrees 50 minutes East 100.00 feet to an
intermediate point; thence North 12 degrees 50 minutes East 101.25 feet to an
intermediate point; thence North 12 degrees 50 minutes East 101.25 feet; thence South
72 degrees 49 minutes East, 274.01 feet to a point; thence South 32 degrees 29 minutes
30 seconds West, 98.66 feet to an intermediate point; thence South 32 degrees 29
minutes 30 seconds West, 98.66 feet to an intermediate point; thence South 32 degrees
29 minutes 30 seconds West, 105.44 feet to an intermediate point; thence South 32
degrees 29 minutes 30 seconds West, 512.98 feet to point of Beginning, containing
approximately 2 acres. Same said property being identified as New Hanover County tax
parcels R03400-004-005-000; R03400-004-004-000; R03400-004-003-000; and
R03400-004-003-001.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area "Airport" 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 of the County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS
153A-341, that this zoning map amendment of approximately 2 acres from AR Airport
Residential to Al Airport Industrial District is:
A. Consistent with the purposes and intent of the Transition land classification and
associated policies in the 2006 land use plan.
Z-898 (9/09)
B. Reasonable and in the public interest to allow a transition of land use from
residential to Airport Industrial as a result of acquisition by the New
Hanover County Airport Authority for expansion of the existing airport
property .
Adopted the 5a, day of October, 2009.
O
It
NTY:
y
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v
0
Ted Davis, Jr., Chairman
Attest:
Sheila L. Schult, Clerk to the Board
Z-898 (9/09) 2
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREAS 10A and AIRPORT
OF NEW HANOVER COUNTY, NORTH CAROLINA
ORIGINALLY ADOPTED July 1, 1974 and October 4, 1976, respectively
Zoning Book
CASE: Z-899,9/09 Section 1' Page -31
a.hd AI,rPor-r 1q.2
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Areas I OA and Airport are hereby amended by removing the
hereinafter described tracts from the R-20 Residential District and AR Airport Residential Districts
and placing them in the B-1 Neighborhood Business Zoning District, said lands being described as
follows:
R-20 to B-1
Beginning at an iron pipe at the corner of Castle Hayne Road and North Kerr Avenue, and running
thence from said beginning point North 89 degrees 35 minutes East for 270.98 feet to a iron pipe and
thence North 0 degrees 25 minutes West for 225.78 feet to an iron pipe and thence North 86 degrees
59 minutes East for 27.81 feet to an iron pipe and thence North 0 degrees 00 minutes for 98 feet to
an iron pipe and thence South 86 degrees 30 minutes West for 290.4 feet to an iron pipe and thence
South 01 degrees 00 minutes east for 318.8 feet to the beginning point and containing an area of
1.721 acres more or less.
AR to B-1
Beginning at an iron pipe in the Northern line of North Kerr Avenue that is North 89 degrees 35
minutes East along said line of said road 104.5 feet from an iron pipe at the southwestern corner of
the tract conveyed to Janie P Kennedy by deed recorded in book 764 at page 142 of the New
Hanover County Registry, said Kennedy corner being North 89 degrees 35 minutes East along said
line of said road 166.48 feet from its intersection with the Eastern line of the Castle Hayne Road (US
Hwy 117, 100 foot right-of-way): running thence from said beginning point North 0 degrees 25
minutes West for 225.78 feet to an iron pipe and thence North 86 degrees 59 minutes East 74.3 feet
to an iron pipe and thence South 0 degrees 25 minutes East 230.41 feet to an iron pipe and thence
South 89 degrees 35 minutes West for 102 feet to the said beginning point and containing an area of
.53 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 Areas 10A and Airport 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 of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption.
Z-899 (9/09) 1
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341,
that this zoning map amendment of approximately 2.53 acres from R-20 Residential and AR Airport
Residential to B-1 Neighborhood Business District is:
A. Consistent with the purposes and intent of the Transition land classification and
associated policies in the 2006 land use plan.
B. Reasonable and in the public interest to allow a transition of land use from residential to
commercial in proximity to an arterial intersection already predominated by
commercial uses.
Adopted the 5t' day of October, 2009.
Ted Davis, Jr., Ch 'rman
Attest:
S~
Sheila L. Schult, Clerk to the Board
Z-899 (9/09) 2