2006-08-14 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