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HomeMy WebLinkAbout2006-08-14 RM Exhibits NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 06/30/06 CURRENT TAX YEAR - 2005 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 113,764,837.59 3,943,128.70 943,881.95 $ 116,764,084.34 ADVERTISING FEES CHARGED LISTING PENAL TIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 10,782.00 132,729.59 6,000.00 $ 116,913,595.93 - 116,244,504.84 $ 669,091.09 99.43%* PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS 99.45%** $ 4,496,536.79 166,245.23 240,956.81 $ 4,421,825.2\ 1,810.494.18 $ 2,611,331.03 40.94% J UN 2006 $ 737,418.14 29,578.62 29,966.25 BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS RENTAL VEHICLE TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS X83D.<3. \ CONSENT AGENDA DATE: ITEM NO. MOTOR VEHICLE $ 10,924,983.34 38,914.55 J 65,2] 0.33 $ 10,798,687.56 $ .00 .00 .00 10,798,687.56 9.488,469.74 1,310,217.82 87.87%* $ 87.88%** FISCAL YTD $ 7,012,869.49 331,810.60 45,221.75 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $ 190,586,973.88. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2005. RESPECTFULL Y SUBMITTED, PATRICIAJ. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 98.45% *. COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.47% 30 XB 30.8/1 CONSENT AGENDA DATE: ITEM NO. NEW I IANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 06/30/06 CURRENT TAX YEAR - 2005 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS AD VALOREM MOTOR VEHICLE $ 3,675,899.09 $ 458,462.60 197,037.96 2,302.15 64.122.96 7,104.26 $ 3,808,814.09 $ 453,660.49 5,325.12 .00 $ 3,814,139.21 $ 453,660.49 - 3,788,669.30 403,247.98 $ 25,469.91 $ 50,4] 2.51 99.33%' 88.89%* 99.36%*' 88.90%** $ 139,239.04 10,963.11 6,228.20 $ 143,973.95 72,589.95 $ 71,384.00 50.42% LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2005. RESPECTFULLY SUBMITTED, PATRICIAJ. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 98.22% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.25% 31 X"B ~o. ~. 2.. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION DECLARING AUGUST 2006AS CHILD SUPPORT AWARENESS MONTH WHEREAS, the welfare of our children is the most important responsibility we have as parents, and children should be able to depend on support from both parents; and WHEREAS, children who do not receive adequate financial and emotional support from both parents may experience greater difficulty in becoming healthy, happy and productive citizens of this State; and WHEREAS, in cases where children do not receive financial and emotional support from both parents the taxpayers of this State support the children whose parents fail to meet this responsibility; and WHEREAS, many concerned and dedicated judges, district attorneys, clerks of court, sheriff s personnel and child support enforcement professionals work to establish and enforce child support for North Carolina's children, who are our future; NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2006 be declared Child Support Awareness Month in New Hanover County, and that citizens be urged to support this observance. Adopted this, the 14th day of August 2006. 'hlf~ Robert G. Greer, Chairman Attest: ~~.\~ 'L. ~~\\ Sheila L. Schult, Clerk to the Board X B 30,8. .3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $120,000,000 AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") has determined that it is advisable to issue hospital revenue bonds to finance the costs associated with the acquisition, construction and equipping of certain improvements to New Hanover Regional Medical Center, including (i) the construction of a surgery pavilion and related facilities, (ii) the construction of a women's and children's pavilion and related facilities, (iii) the renovation and expansion of the central energy plant to accommodate the expansion of the New Hanover Regional Medical Center campus and (iv) the development of a new loop road, reconfiguration of existing parking lots and site work at the New Hanover Regional Medical Center campus (collectively, the "2006 Project"); WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of variable rate hospital revenue bonds in an amount not to exceed $120,000,000 (the "Bonds"), the proceeds of which will be used to (a) finance the costs of the 2006 Project, (b) pay a portion of the interest of the Bonds during construction of the 2006 Project, (c) pay the premium of a municipal bond insurance policy and (d) pay the costs incurred in connection with the issuance of the Bonds, and to take all other action necessary in connection therewith; WHEREAS, the Board considered and recognized that variable interest rate debt instruments subject the County to the risk of higher interest rates in the future, that the rates may be higher than the fixed rates that are currently available to the County, and that in addition to the variable interest cost, the County must pay the fees of Deutsche Bank Trust Company Americas, as auction agent, and RBC Dain Rauscher Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as broker-dealers, which fees may increase the variable interest cost by approximately 0.26%; WHEREAS, the Board understands that New Hanover Regional Medical Center, which is obligated to pay the County the amounts necessary to make, among other things, debt service payments on the Bonds, may enter into interest rate swap agreements to hedge the interest cost associated with the variable rate hospital revenue bonds noted above; and WHEREAS, the Board desires to retain RBC Dain Rauscher Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters and as broker-dealers, LeBoeuf, Lamb, Greene & MacRae LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underWriters' counsel, Deutsche Bank Trust Company Americas, as auction agent, Financial Security Assurance Inc., as bond insurer for the Bonds, and First-Citizens Bank & Trust Company, as trustee. follows: NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County, as Section 1. That the County Manager, the Finance Director and the County Attorney of the County are hereby authorized, directed and designated to file an application with the Local Government Commission for its approval of the issuance by the County of the Bonds. Section 2. That the Board finds and determines and asks that the Local Government Commission find and determine from the County's application and supporting documentation: (a) That the issuance of the Bonds is necessary and expedient; (b) That amount of the Bonds will be sufficient but is not excessive for the financing of capital costs related to the 2006 Project; (c) That the financing of capital costs related to the 2006 Project and the issuance of the Bonds are feasible; (d) That the County's debt management procedures and policies are good; and (e) That the Bonds can be marketed at a reasonable interest cost to the County. Section 3. That the Chairman and Vice Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Bonds. Section 4. That RBC Dain Rauscher Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters and as broker-dealers, LeBoeuf, Lamb, Greene & MacRae LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, Deutsche Bank Trust Company Americas, as auction agent, Financial Security Assurance Inc., as bond insurer for the Bonds, and First-Citizens Bank & Trust Company, as trustee, shall be retained. Section 5. That the Local Government Commission is hereby requested to sell the Bonds with a variable interest rate at private sale without advertisement to any purchaser or purchasers thereof, at such prices as which the Local Government Commission and the Board determine to be in the County's best interest in accordance with the provisions of Section 159-123(b) of the General Statutes of North Carolina, as amended. Section 6. That this Resolution shall become effective on the date of its adoption. This the 14th day of August, 2006 NEW HANOVER COUNTY 1?gA~ Robert G. Greer, Chairman ATTEST: ~\\~~- ~.~~\..\\ Sheila L. Schult, Clerk to the Board '/... ~ 30.8. L[- PROJECT ORDINANCE PARKS AND RECREA nON BOND PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the Design and Construction of the Parks and Recreation Bond Project, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Design and Construction ofthe Parks and Recreation Bond Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Bond Proceeds $35.500,000 Total $35.500.000 4. The following appropriations necessary for the project are herewith made from the revenue listed above.. Capital Project Expense (City) $17,450,000 Capital Project Expense (County) $18,050.000 Total $35.500.000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this, the 14th day of August 2006. 111JJJ.~ Robert G. Greer, Chairman Board of County Commissioners ~\\~C ~ ~0m\\ Sheila L. Schult Clerk to the Board XB 30.B.5 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the General Assembly on July 27, 2006 enacted Senate Bill 1431, Session Law, Chapter 167, authorizing New Hanover County to enact a three percent (3%) room occupancy tax for unincorporated New Hanover County; and WHEREAS, the Board of Commissioners of New Hanover County is now of the opinion and does hereby find and declare that the levy of said room occupancy tax within New Hanover County is both desirable and appropriate; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County as follows: Section 1. There is hereby imposed and levied within unincorporated New Hanover County a three percent (3%) room occupancy tax on the rental of any room, lodging, or accommodation as defined in GS1 05-164(a)(3). Section 2. Collection of the tax and liability therefore, shall begin and continue on and after the first day of September, 2006. Section 3. The net proceeds of the tax levied herein shall be utilized only for beach renouishment as specified in the above referenced enabling legislation. This, the 14th day of August 2006. NeWl5~ Robert G. Greer, Chairman ATTEST: ~\;~~ ~- ~,\U\~ Sheila L. Schult, Clerk to the Board XB30.~.to OPTION 3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10:00 a.m., July 27, 2006, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, for the purchase of four (4) Custom Pumpers with detailed options; and WHEREAS, only one bid was received, that bid being submitted by Pierce Manufacturing with costs as detailed below for Bid # 07-0001; and Bidder Pierce Manufacturing Unit Cost $398,109.00 Quantity 4 Extended Price $1,592,436.00 WHEREAS, Fire Services' original plan was to purchase two (2) custom pumpers in FY 06- 07 as requested in the budget, which consisted of $540,000 plus a roll-over from FY 05-06 that was not spent; and WHEREAS if the County delays purchasing the third and fourth unit, it could cost the County an additional $48,886.54; and WHEREAS, the purchase of the two (2) custom pumpers was to be purchased from FY 06-07 funds ($540,000) and funds ($281,123) to be carried over from FY 05-06; and WHEREAS, budget amendment 07-021 has been prepared and is for accounting purposes to record and budget the financing proceeds for the installment financing of two of the units; records the carry over funds available from FY 05-06 to increase the currently budgeted funds in the FY 06- 07 budget for the purchase of two units; budget amendment 07 -021 is attached for approval as part of this request; and WHEREAS, pursuant to the requirements ofthe United States Treasury Regulations Section 1.1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing; and WHEREAS, the Fire Chief of New Hanover County, the Finance Director, and the County Manager recommend that the contract be awarded to Pierce Manufacturing, the only responsive bidder, in the amount of one million, five hundred ninety-two thousand, four hundred thirty-.six dollars and no cents ($1,592,436.00); OPTION 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that contract 07 -0001 for the purchase of four (4) custom pumpers be awarded to Pierce Manufacturing in the amount of one million, five hundred ninety two thousand, four hundred thirty six dollars and no cents ($1,592,436.00); with two units being purchased from budgeted funds and two units being purchased through installment purchasing; and that the County Manager is hereby authorized and directed to execute contract 07-0001, contract form to be approved by the County Attorney; and budget amendment 07-021 is approved. This, the 14th day of August 2006. qid~ Robert G. Greer Chairman ATTEST: ~~~~,c. "-.~~\\ Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/14/06 Budget Amendment BUDGET AMENDMENT Number: 07-021 - Option 3 DEPARTMENT: Fire Service District BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Fire Service District Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Capital Outlay Motor Vehicles $1,077,341 Revenue Decrease Increase Installment Loan Proceeds Fire Service District Appropriated Fund Balance $796,218 $281,123 EXPLANATION: The FY 06-07 budget included 2 Fire Trucks which were to be purchased from FY 06-07 funds ($540,000) and funds ($281,123) to be carried over from FY 05-06. The budget amendment would fund the purchase of the two budgeted Fire Trucks with $281,123 carryover from FY 05-06. The budget amendment would fund two additional Fire Trucks through installment financing. Total cost of the four vehicles is $1,592,436. The vehicles will be financed for 3 years, and the annual debt service for future years will be $530,633 per year. There will be no debt service for the vehicles in FY 06-07 due to the timing of the financing and delivery schedule of the vehicles. ADDITIONAL INFORMATION: This increases the number of Fire Trucks to be purchased in FY 06-07 from 2 to 4, and changes the way the Fire Trucks will be funded. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: 'X ~ 30 . ~ , 7 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, it is a priority of this community to protect human health and the environment through safe and effective management of municipal solid waste; and WHEREAS, the reduction of the amount and toxicity of the local waste stream is a goal of this community; and WHEREAS, equitable and efficient delivery of solid waste management services is an essential characteristic of the local sold waste management system; and WHEREAS, it is a goal of the community to maintain and improve its physical appearance and to reduce the adverse effects of illegal disposal and littering; and WHEREAS, New Hanover County recognizes its role in the encouragement of recycling markets by purchasing recycled products; and WHEREAS, involvement and education of the citizenry is critical to the establishment of an effective local sold waste program; and WHEREAS, the State of North Carolina has placed planning responsibility on local government for the management of solid waste; and WHEREAS, NC General Statute 130A-309.09A(b) requires each unit of local government, either individually or in cooperation with other units of local government, to update the Ten Year Comprehensive Solid Waste Management Plan at least every three years; and WHEREAS, the New Hanover County Environmental Management Department has undertaken and completed a long-range plarming effort to evaluate the appropriate technologies and strategies available to manage solid waste effectively; NOW, THEREFORE, BE IT RESOLVED that the County Commissioners of New Hanover County hereby approve the New Hanover County Solid Waste Plan Update. Adopted this, the 14th day of August 2006. WIJL ATTEST: Robert G. Greer, Chairman ~\~~ L,~~~,~\ Sheila L. Schult, Clerk to the Board XB30.'51.cg August 2006 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered, and commanded to collect the taxes set forth 'in the tax records filed in the office ofthe Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. and OffiZ:S 14. day of August, Robert G. Greer, Chairman Board of Commissioners of New Hanover County 2006, ~~.. '-~,\.\\ Sheila L. Schult, Clerk Board of Commissioners of New Hanover County, Attest: I, Patricia J. Raynor, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New Hanover County. This 15th day of ~Ol.Ast- 2006. z ~ 1.5. lDO 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 6,1981 CASE: Z-843, 6/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter described tracts from the R-15 Residential Zoning District Classification and placing them in the 0&1 Office and Institutional Zoning District Classification, said land being described as follows: A certain tract or parcel of land lying and being in Harnett Township, New Hanover County, North Carolina and being part of Bayshore, Inc. tract as described in deed book 681 page 108 of the New Hanover County Registry, and being more particularly described as follows: Beginning at an existing iron pipe marking the northwestern most corner of the Primary. Care Associates 2.07 acre tract as shown on map book 34 page 317 of the New Hanover County Registry. Proceed thence from said point of beginning and with the eastern right of way of US Highway 17 (100' public right of way) N 40-53-12 E a distance of 80.19 ft. to a point at the intersection of said eastern right of way of US highway 17 and the southern right of way of Bayshore Dr. (public, variable width right of way), thence with the southern right of way of Bayshore Dr. S 77-52-04 E a distance of 307.48 ft. to a point, thence continuing with said right of way S 80- 16-44 E a distance of 70.32 ft. to a point, thence leaving said right of way S 09-43-16 W a distance of 84.26 ft. to an existing iron pipe located at the northeastern most corner of the above mention Primary Care Associates tract, thence with the northern line of Primary Care Associates tract N 76-22-40 W a distance of 420.00 ft. to th.e point of beginning and containing 0.70 acres, according to computations by Hanover Design Services, PA in Decemberof 2005. Subject to 20' wide drainage easement as shown on map book 34 page 317. AREA WEST OF EXISTING DRIVEWAY Being a portion of the above described tract and beginning at an existing iron pipe marking the northwestern most corner of the Primary Care Associates 2.07 acre tract as shown on map book 34 page 317 of the New Hanover County Registry. Proceed thence from said point of beginning and with the eastern right of way of US Highway 17 (100' public right of way) N 40-53-12 E a distance of 80.19 ft. to a point atthe intersection of said eastern right of way of US highway 17 and the southern right of way of Bayshore Dr. (public, variable width right of way), thence with the southern right of way of Bayshore Dr. S 77-52-04 E a distance of 190.75 ft. to a point, thence leaving said rightofwayS25-03-19W a distance of 77.79 ft. to a point on the northern line of the above mentioned Primary Care Associates, thence with said northern line N 76-22-40 W a distance of 212.00 ft. to the point of beginning and containing 0.34 acres, according to computations by Hanover Design Services, PA in December of 2005. EAST AREA INCULDING EXISTING DRIVEWAY Being a portion of the above described tract and beginning the following bearings and distance from an existing iron pipe marking the northwestern most corner of the Primary Care Associates 2.07 acre tract as shown on map book 34 page 317 ofthe New Hanover County Registry, N 40-53-12 E a distance of 80.19 ft. to a point at the intersection of said eastern right of way of US highway 17 and the southern right of way of Bayshore Dr. (public, variable width Z-843 Page 1 of2 right of way), thence with the southern right of way of Bayshore Dr. S 77-52-04 E a distance of 190.75 ft. to the point of beginning. Proceed thence from said point of beginning and with the southern right of way of Bayshore Dr. S 77-52-04 E a distance of 116.73 ft. to a point, thence continuing with said right of way S 80-16-44 E a distance of 70.32 ft. to a point, thence leaving said right of way S 09-43-16 W a distance of 84.26 ft. to an existing iron pipe located at the northeastern most corner of the above mention Primary Care Associates tract, thence with the northern line of Primary Care Associates tract N 76-22-40 W a distance of 208.00 ft. to a point, thence N 25-03-19 E a distance of 77.79 ft. to the point of beginning and containing 0.36 acres, according to computations by Hanover Design Services, PA in December of 2005. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area 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 of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption Adopted the 14th day of August, 2006. Robert G. Greer, Chairman Attest: ~\~~ ~. ~~\~\ . Sheila L. Schult, Clerk to the Board Z-843 Page 2 of2 2.. ~ z. ~'B. ~ I AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7, 1972 CASE: Z-845, 7/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1, The Zoning Map of Zoning Area No. 8B is hereby amended by removing the hereinafter described tracts from the 1-2 Industrial Zoning District Classification, R-15 Residential Zoning District and the 0&1 Office and Institutional Zoning District Classification and placing them in the PD Planned Development Zoning District Classification said land being described as follows: TRACT A BLUE CLAY FARMS SITE Beginning at a point in the east line of the Seaboard Coastline Railroad (67.5' from the centerline) said point being the Northwest comer of Tract A, as shown on that map recorded in Map Book 49, Page 186 of the New Hanover County Registry; thence from said beginning point and along said east line as it curves to the west with a radius of 10737.5' 1. N07055'26"E 617,7~' from the preceding point; thence, continuing along said east line 2. N060 17'0 1 "E 111.39' to a point in the east line of Blue Clay Road (SR .1318, 60' R1W); thence, along said east line 3, N26013'34"E 2994,30' to a point in the south line ofl-140 (R/W varies); running thence along said south line, 4. N83052' 11"E 479.42' to a point; thence, 5. N77010'53"E 563.08' to a point; thence, along a curve to the north with a radius of3395.66' to a point located, 6. N68018'42"E 863.55' from the preceding point; thence, 7. N67024'26"E 137.37' to a point; thence, 8, N55015'32"E 382.23' to a point; thence, 9. N48005' 14"E 301.24' to a point; thence, . 10. N49025'35"E 649.43' to a point; thence, Z-845 Page 1 of 4 II. N50047'53''E 590,66' to a point; thence, 12, N47046'07"E 252.25' to a point; thence, leaving said south line of I. 140 13. S 19026'38"E 558.19' to a point; thence, 14. 838022'21"W 643.55' to a point; thence, 15. 889021 '53"W 408.20' to a point; thence, 16. 832041 '40"E 2589.01' to a point; thence, 17. S03034'51"E 2658.81' to a point in a canal; thence along the run of said canal to a point located 18, S43000'10"W 233.54' 19. S67015'36"W 383.78' 20. S66046' 18"W 458,94' 21. S65052'26"W 386.08' 22. S24018'28"E345.93' 23. S24048'II"E293.24' 24. S25023'32"E 536.77' 25. S26032' 14"E 332.00' 26. S25010'38"E 121.81' 27. S21026'27"W 285.72' 28. S32019'08"W 581.64' 29. S32051 '50"W 429.68' 30. S26051 '22"W 464.57', and 31. S21041'23"W I 57.94' from the preceding point; thence, leaving said canal and along the north line of North Kerr A venue (SR 1322, 100' R1W) 32. S86055'22"W 33,04' to a point; thence, 33. S 87008'OI"W 508.03' to a point; thence along a curve to the north with a radius of831.95~ to a point located 34. N83008'59"W 280.83' from the preceding point; thence, 35. N73025'59"W 666.14' to a point; thence leaving said north line, Z-845 Page 2 of 4 36. NI7022'56"E 388.60' to a point; thence, 37. N72036'53"W 100,00' to a point; thence, 38, N72032'21"W 99,77' to a point; thence, 39, NI6050'21"E 236.72' to a point; thence, 40. N72028'05"W 351.00' to a point; thence, 41. N16017'2T'E 1083.98' to a point; thence, 42. N73011'36"W 855.64' to a point; thence, 43. Nllo13'59"E 758.25' to a point; thence, 44, N110I3"59'E 647.25' to a point; thence, 45. N73046'01"W 2547.93' to the Point of Beginning. Containing 721.95 AC:i: and being a portion of tracts recorded in Book 1241, Page 916, Book 1178, Page 733, Book 1085, Page 269 (Tract 3), Book 1085, Page 269 (Tract 4), Book 1129 Page 624 (Tract 2), Book 1085, Page 269 (Tract 2) and Map Book 49, Page 186 (Tract A) and all of Tract "E" Map Book 49, Page 186 of the New Hanover County Registry. The above description is a result of an actual partial field survey performed by Arnold W. Carson, PLS, PC and derived in conjunction with various documents of record, TRACT B BLUE CLAY FARMS SITE Beginning at the intersection of the north line ofI-/40 (R/W varies) with the west line of Blue Clay Road (60' RlW) running thence along said west from said beginning point 1. S26013'34"W 1585.02' to a point; thence, leaving said west line 2. N83043'47"W 417.56' to a point in the east line of Seaboard Coastline Railroad (130' R/W); thence, along said line 3. N06016'13"E 1556.96' to a point in the north line of said Interstate 140; thence, with said line 4. S73022'23"E 504,06' to a point; thence, 5. S86038' 15"E 463.27' to the point of beginning. Containing 23.66 AC:i: and being a portion of that tract recorded in Book 1241, Page 916 of the New Hanover County Registry, Z-845 Page 3 of 4 Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No.8B 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 from and after its adoption subject to the requirements and limitations of Section 53.5 of the New Hanover County Zoning Ordinance and subject to a Master Plan here attached under the following conditions: 1. Align N. Kerr Avenue entrance with Trusdale Road prior to final plan approval. 2, MPO and NCDOT review and approval of the Traffic Impact Analysis and the Traffic Circulation Plan prior to approval of the final plan. 3, Provide Homeowner Association documents for review and approval along with submission of the final plan. 4. All required information relating to drainage and stormwater management must be submitted for review in conjunction with the final plan. 5. Detailed street system and infrastructure location must be submitted for review in conjunction with the final plan. Adopted the 14th day of August, 2006, ~~\.. \. ~~}.\ Sheila L. Schult, Clerk to the Board 'lJdlJ~ Robert G. Greer, Chairman Attest: Z-845 Page 4 of 4 XB30.B.9a. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS ORDER In the Matter of Closing A Portion of Owls Lane It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close a portion of Owls Lane was adopted by the County Commissioners on the 10th day of July 2006 and it further appearing that said resolution called for a hearing to be held on the 14th day of August, 2006, 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 Star-News in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that a portion of Owls Lane 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 as follows along with attached exhibit: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Owls Lane (SR No. 2616, 60' right'. of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198437.458', E = 2340284.154' and is located North 71 degrees 51 minutes 16 seconds West.".. 541.51 feet from NC Grid Monument "BONNIE" which has NC Grid Coordinates (NAD 83) of: N= 198268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 394.18 feet from the point where the northern right of way line of Bavarian Lane (SR No 1322 is intersected by the eastern right of way line of Owls Lane. Running thence, from the said point of beginning, and crossing Owls Lane, South 71 degrees 39 minutes 14 seconds West - 60.00 feet to a point in the western right of way line of Owls Lane; thence, with the western right of way line of Owls Lane, North 18 degrees 20 minutes 46 seconds West - 711.70 feet to a point at the beginning of a curve; thence with the western right of way line of Owls Lane as it curves to the left a chord bearing and distance of North 48 degrees 30 minutes 22 seconds West - 166.40 feet to a point (Centerline Curve Data: Delta = 60^19'12", Tangent = 113.66', Radius = 195.60'); thence, continuing with the right of way line of Owls Lane, North 78 degrees 39 minutes 46 seconds West - 281.45 feet to a point at the end of Owls Lane; thence, with the end of Owls Lane, North 04 degrees 35 minutes 07 seconds East - 60.49 feet to a point in the right of way line of Owls Lane; thence, with the right of way line of Owls Lane, South 78 degrees 39 minutes 46 seconds East - 288.55 feet to a point at the beginning of a curve; thence, continuing with the right of way line of Owls Lane as it curves to the right a chord bearing and distance of South 48 degrees 30 minutes 22 seconds East - 226.69 feet to a point (Centerline Curve Data: Delta = 60^19'12", Tangent = 113.66', Radius = 195.60'); thence, with the right of way line of Owls Lane, South 18 degrees 20 minutes 46 East - 711.70 feet to the point of beginning, containing 1.65 acres more or less computed by the coordinate method. All bearings are in angular relati0l1 to NC Grid North (NAD 83) and all distances are horizontal field measurements. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is herby closed, save except that the petitioner requesting the road to be closed work with the County Planning staff and Fire Services on determining and constructing an adequate turn around beginning at the closure of the road for the purpose of emergency service delivery. It is further ORDERED that a copy of this order be filled in the Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 14 III day of August, 2006. ~~ Robert G. Greer, Chairman Attest: ~~J\,. '-.~~\~ Sheila L. Schult, Clerk to the Board ~B.30.2>.qb STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS ORDER In the Matter of Closing A Portion of Red Hawk Road It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close a portion of Red Hawk Road was adopted by the County Commissioners on the 10th day of July 2006 and it further appearing that said resolution called for a hearing to be held on the 14th day of August, 2006, 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 Star-News in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that a portion of Red Hawk 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 as follows along with attached exhibit: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Red Hawk Road (SR No. 2617, 60' right of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198641.402', E = 2339721.355' and is located North 69 degrees 00 minutes 41 seconds West - 1092.94' feet from NC Grid Monument "Bonnie" which has NC Grid Coordinates(NAD 83) of: N = 1928268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 698.52 feet from the point where the northern right of way line of Bavarian Lane (SR No 1322 is intersected by the eastern right of way line of Red hawk Road. Running thence, from the said point of beginning crossing Red Hawk Road, South 71 degrees 39 minutes 14 seconds West 60.00 feet to a point in the western right of way line of Red Hawk Road; thence, with the western right of way line of Red Hawk Road, North 18 degrees 20 minutes 46 seconds West - 45.75 feet to a point; thence continuing with the western right of way line of Red hawk Road, North 04 degrees 35 minutes 15 seconds East - 546.91 feet to a point at the end of Red Hawk Road; thence, crossing Red Hawk Road, South 78 degrees 39 minutes 46 seconds East - 60.42 feet to a point in the _ eastern right of way line of Red Hawk Road; thence, with the eastern right of way line of Red Hawk Road, South 04 degrees 35 minutes 15 seconds West - 527.63 feet to a point; thence, continuing with the eastern right of way line of Red Hawk Road, South 18 degrees 20 minutes 46 seconds West - 33.58' to a point of beginning containing 0.79 acres more or less as computed by the coordinate method. All bearings are in angular relation to NC Grid North (NAD 83) and all distances are horizontal field measurements. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is herby closed, save except that the petitioner requesting the road to be closed work with the County Planning staff and Fire Services on determining and constructing an adequate turn around beginning at the closure of the road for the purpose of emergency service delivery. It is further ORDERED that a copy of this order be filled in the Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 14th day of August, 2006. Robert G. Greer, Chairman Attest: ~\:~~ '--~\\ Sheila L. Schult, Clerk to the Board X B '3 D. B. I 00... A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, it is necessary for construction of airport improvement to acquire a permanent Avigation Easement on the property of R. Bertram Williams, Jr., Deed Book 990, Page 234, New Hanover County Registry, more specifically described as a permanent A vigation Easement on a 50.3 acre portion of the above referenced property together with a fee simple acquisition of a 7.3 acre portion of the above referenced parcel; and WHEREAS, it is necessary to utilize the County's power of eminent domain to acquire the above referenced easement and fee in that negations to acquire said easement and fee have been unsuccessful in obtaining the property owner's consent. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of New Hanover County hereby resolves that the necessary easement on, over, and across Tax Parcel No. R03400-004-001-000, Deed Book 990, Page 234, New Hanover County Registry, together with the specified fee simple parcel, be acquired by condemnation. County staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real property interest ~ Adopted, this the ~ day of August, 2006. N~ Robert G. Greer, Chairman ATTEST: ~\..\~ ~. ~tL\~ Clerk to the Board ^ B 3tJ. 2>. lOb ~ A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, it is necessary for construction of airport improvements to acquire a .55 acre fee simple parcel constituting a portion of the property of Applied Analytical Industries, Inc., Tax Parcel No. R04808-011-002-000, Deed Book 2227, Page 564, New Hanover County Registry, Said parcel is more specifically described in Attachment #1, a Survey for ILM Airport Approach, attached hereto and incorporated herein; and WHEREAS, it is necessary to utilize the County's power of eminent domain to acquire the above referenced fee in that negations to acquire said fee have been unsuccessful in obtaining the property owner's consent. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of New Hanover County hereby resolves that the necessary specified fee simple parcel, be acquired by condemnation. County staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real property interest. . ~ Adopted, thiS the rl..::::. day of August, 2006. Robert G. Greer, Chairman ATTEST: ~ \ l'~\~ '-- ~ ~I' \\ Clerk to the Board