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Home My WebLink About2007-05-07 RM Exhibits X '8 .3D. 2 I. I NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDmON TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Brittany Lakes Drive, Hallstead Court, Millheim Court, Dove Field Drive, and Tewkesberry Court (Div. File No: 996-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department o.fTransportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7th day of May , 2007. WITNESS \\\().>.A ~ my hand and ,2007. official seal this the ,+l. . day of ~l'~. "-_ ~~~l'\~ Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.doc XB 30. ZI./L AGENDA: May 7,2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-209 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-209 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Airlie Gardens EXDenditure: Decrease Increase Airlie Gardens-Clean Water Management Trust Fund: Contracted Services $25,000 Total $25,000 Revenue: Decrease Increase Airlie Gardens-Clean Water Management Trust Fund: Stormwater Planning and Implementation Grant $25,000 Total $25 000 Section 2: Explanation To budget funds received from the NOlih Carolina Clean Water Management Trust Fund for Stormwater Planning and Implementation. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. \'\\0..:\ ,2007. ~~Q,~ William A. Caster, Chairman X 13 3D . :L ( . 3 tL RESOLUTION BOARD OF COMMISSIONERS NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 2:00 PM EST., Thursday, April 19, 2007, for the purchase of One (1) Roll-Off Truck with Tarping System and the following bids were received; and Amick Equipment Cavalier Equipment Bid # 1 Cooper Kenworth, Inc. Cavalier Equipment Bid #2 V olvo and GMC Truck Center $112,404.20 $116,892.00 $117,389.00 $118,870.00 $122,499.00 WHEREAS, after a thorough evaluation of the bids, all bidders noted some features that were non- compliant with the County's bid specifications; and WHEREAS, the tarping system, one of the important required features, was not met by Amick or Cavalier Equipment. Cooper Kenworth, Inc., although not the lowest bidder, met or exceeded the majority of the required features listed in the bid specifications including the specified tarping system. The County currently has three (3) tarping systems of the make and model specified in the bid documents. Keeping the tarping systems uniform allows the County to keep uniform parts on hand for needed repairs; and WHEREAS, of the three lowest bids, only Cooper Kenworth met this requirement. In addition,. Cooper Kenworth is located in Wimington which allows Staff to obtain parts and service with little downtime in.the event the roll-off truck requires in-shop repairs; and WHEAEAS, sufficient funds to purchase this Roll-Off Truck are available in account Number 70080200800600. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that contract 07-0380 for the purchase of one (1) roll off truck with tarping system be awarded to. Cooper Kenworth, Inc., in the amount of one hundred seventeen thousand three hundred eighty-nine dollars ($117,389); and that the County Manager is hereby authorized and directed to execute contract 07-0380, contract form to be approved by the County Attorney. This 7th day of May, 2007. i)~a.~ William A. Caster, Chairman ATTEST: ~~c. ~_~~,J\~ Sheila L. Schult, Clerk to the Board XB:30.Zf.3b AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-213 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-213 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Environmental Management Department: Landfill Exnenditure: Decrease Increase Landfill: Capital Outlay $96,000 Total $96,000 Revenue: Decrease Increase Landfill: Appropriated Fund Balance $96,000 Total $96,000 Section 2: Explanation The State provides funds to the County through the State White Goods Program. These funds are restricted in how they can be spent. The purchase of the roll-off truck meets the State's requirements for the expenditure of these funds. 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 07-213 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. t)~o,~ William A. Caster, Chairman ~T: }-. \,_ \ Sit\.k\- Sheila L. Schult, Crerk to the oard XB 3i>.2,I. /fa.. AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-198 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-198 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health EXDenditure: Decrease Increase Health/Community Health: Contracted Services $4,800 Printing $7,000 Emplovee Reimbursement $200 Total $12.000 Revenue: Decrease Increase Health/Community Health: Cafe Fear Memorial Foundation/Living Well Grant $12,000 Total $12,000 Section 2: Explanation To budget additional funds received from the Cape Fear Memorial Foundation for the period April 15, 2007 through April 14, 2008. This funding covers the cost of publishing newspaper inserts for the Living Well supplements in the Wilmington Star News. 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 07-198 amending the annual' budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 7th day of May, 2007. D,(j~ Q. ~ William A. Caster, Chairman X B _60. 2 I. ~b AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-204 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-204 be made to the annuaI budget ordinance for the fiscaI year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health EXDenditure: Decrease Increase Health/Women's Preventive Health: Capital Outlay $12,000 Total $12,000 Revenue: Decrease Increase Health/Women's Preventive Health: Ministering Circle Grant $12,000 Total $12,000 Section 2: Explanation The Ministering Circle of Wilmington, NC, has awarded the New Hanover County Health Department $12,000 to purchase capital equipment for the Colposcopy Program. The County Commissioners gave their approval to apply and receive grant funds at their April 16, 2007, meeting. 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 07-204 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 7th day of May, 2007. w~ (J ~ William A. Caster, Chairman Xf3 30. ~ I. ife- AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-211 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-211 be made to the annuaI budget ordinance for the fiscaI year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Transfers to Capital Projects /Other Financing Sources/Non Departmental Exoenditure: Decrease Increase Transfers to CapitaI Projects $19,342 National Audubon Society $9,607 Total $9,607 $19,342 Revenue: Decrease Increase Aoorooriated Fund Balance $9,735 TotaI $9,735 Fund: Mason's Inlet Maintenance Department: Exoenditure: Decrease Increase NationaI Audubon Society $19,342 Total $19,342 Revenue: Decrease Increase Transfer in from GeneraI Fund $19,342 Total $19,342 Section 2: Explanation Increase budget for 1Ji of Change Order #3 for National Audubon Society. Change Order #3 was approved on March 13, 2006, to meet permit requirements. Move National Audubon's expense from the General Fund into the Mason's Inlet Project. This wiII account for all reIated expenditures in the capital project. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. amending the annual '{'{\ ""'j , 2007. tl:)~ O. ~ William A. Caster, Chairman XB3D.ZI.S l3l:T P llAIIiDiIIU~r~~\ L Ie. ~5l (. "~ Il!lAL~..- n NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE 24th ANNUAL NATIONAL TOURISM WEEK Travel & Tourism: America's Front Door PROCLAMATION WHEREAS, travel is at the heart of America's economic and national security. It generates millions of jobs and billions in taxes, and is a vital resource in improving America's image around the world; and WHEREAS, in New Hanover County, the travel industry contributes substantially to New Hanover County's cultural and social well-being. Travel is one of our most fundamental freedoms. Every citizen benefits from travel and tourism. The travel industry substantially enhances our personal growth and education, while promoting intercultural understanding and appreciation of New Hanover County's history, geography, and culture; and WHEREAS, travel is one of America's largest service exports providing a travel trade surplus in excess of $7 billion. It is one of the nation's largest employers, accounting for more than 7.5 million direct travel-generated jobs. One of every eight U.S. non-farm jobs is connected to travel. Last year, spending by domestic and international visitors in the U.S. generated $703 billion in direct expenditures nationwide, averaging $1.9 billion a day, $80 million an hour, $1.3 million a minute, and $22,300 a second. In 2005 (the most recent data available), this provided $105 billion in tax revenue for local, state, and federal governments. Without the tax revenue generated by travel each U.S. household would pay $965 more in taxes; and WHEREAS, in North Carolina, Travel and Tourism is among the state's fastest growing industries. In 2006, domestic travelers spent more than $15 billion in North Carolina; and WHEREAS, in New Hanover County.... . Travel and Tourism is an important economic generator that infuses millions of new dollars into our local economy each year, thereby making New Hanover County a better place to live, work and visit. . In 2005, the economic impact of Tourism was estimated at $350.42 million, ranking New Hanover County as #8 among North Carolina's 100 counties in tourism expenditures. . Travel and Tourism provides more than 5,260 jobs and supports a payroll of$88.7 million. . Travel and Tourism generates approximately $31.68 million in state and local tax receipts, representing a $176 tax saving to each county resident. In recognition of the unique significance of the American travel industry in the lives of the citizens of New Hanover County; NOW THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of May 12-20, 2007 be recognized as "NATIONAL TOURISM WEEK" in New Hanover County and that the people of New Hanover County are called upon to observe this week, as sanctioned by the U.S. Congress, with appropriate ceremonies and activities. ADOPTED the 7th day of May 2007. D~C~ William A. Caster, Chairman ~r!J I ~ ~ .~ I~ , '. ~l ~ .~ lli r::: <7#\ //! \,r:'I';.-;7:Li ( .n, \....," ' '{f I I I I I I i i I I I I i i I XB30.ZI.fo ~(-~._r.~.);'~l' . ',,-" ....) .,' ,,')' . ....':~..'). (~'(R". i' \ '. ":,,~-< NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL HISTORIC PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Making Preservation Work!" is the theme for National Preservation Month 2007, cosponsored by Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2007 be recognized as "NATIONAL HISTORIC PRESERVATION MONTH" in New Hanover County and that our citizens are encouraged to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED the ih day of May 2007. ~', 10~~.~ i' :' William A. Caster, Chairman ATTEST: Teresa P. Elmore, Deputy Clerk to the Board ;2 ,!h ;tIe/9)) ~-~_._' "--' X B .30. ~/. 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER, MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE REFINANCING OF A PRIOR INSTALLMENT FINANCING AGREEMENT; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County") as follows: Section 1. The Board does hereby find and determine as follows: (a) The County desires to refinance an Installment Financing Agreement, dated May 20, 2005, between the County and Bank of America, N.A., pursuant to which the County provided interim financing for the acquisition and renovation of Market Place Mall for use by the County as administrative offices (the "Project"). (b) In order to pay the costs of refinancing, the Board has determined to enter into an Installment Financing Agreement, to be dated as of the date of delivery thereof (the "Agreement"), between the County and Bank of America Public Capital Corp. Pursuant to the Agreement, the Lender will advance to the County amounts sufficient to pay the cost of the Refinancing, and the County will repay the advancement in installments, with interest (the "Installment Payments"). In order to secure its obligations under the Agreement, the County will execute and deliver a Deed of Trust, from the County to the deed of trust trustee named therein for the benefit of the Lender, pursuant to which the County will grant a lien on the site of the Project, together with all improvements and fixtures thereon. (c) There has been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. (d) It is in the best interest of the County to enter into the Agreement. The Agreement will allow the Project to be financed on a permanent basis over a term of approximately ten years. (e) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue. in that (i) the County does not have sufficient constitutional authority to issue non-voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the Refinancing without an election; (ii) the nature of the facilities is such that they are not a "revenue bond project" within the meaning of The State and Local Government Revenue Bond Act; (iii) the cost of the Refinancing exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (iv) the circumstances existing require that funds be available to effect the Refinancing prior to the maturity date of the Prior Agreement and the time required for holding an election for the issuance of voted general obligation bonds pursuant' to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond Act would delay the Refinancing by several months; and (v) there can be no assurances that Refinancing would be approved by the voters and the necessity of the Refinancing dictates that the Refinancing be financed by a method that assures that the Refinancing will occur in an expedient manner. (f) Based upon information provided to the Board, the costs of providing for the Refinancing through the Agreement is reasonably comparable to the costs associated with other alternative means of financing and is acceptable to the Board. (g) The County Attorney will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (h) The debt management policies of the County have been carried out in strict compliance with law, and the County is not in default under any obligation for repayment of borrowed money. (i) No tax rate increase is anticipated to be necessary to pay the Installment Payments. Section 2. The Board hereby authorizes, ratifies and approves the filing of an application with the Local Government Commission for approval of the Agreement and requests the Local Government Commission to approve the Agreement and the proposed Refinancing in connection therewith. Section 3. In order to provide for the Refinancing, the County is hereby authorized to enter into the Agreement to receive an advancement in installments pursuant thereto in a principal amount not to exceed $5,100,000. The County shall repay the advancement in installments due in the amounts and times set forth in the Agreement. The payment of Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the forms of the Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any Assistant or Deputy Clerk to the Board is hereby authorized to affix the official seal of the County to each of said documents and to attest the same to the extent required. Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement. Section 6. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board, and any other officers, agents and employees of the County are hereby authorized and directed to deliver such certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 7. This resolution shall take effect immediately upon its passage. NEW HANOVER COUNTY 1)~(?~ William A. Caster, Chairman ATTEST: ~~\~ \ ~~Il}\ Sheila L. Schult, Clerk to the Board X B "30. 'Ll. ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED FEBRUARY 17, 1969 CASE: A-359, 04/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Subdivision Regulations of the County of New Hanover, North Carolina adopted February 17, 1969, as amended be and the same is herby further amended as follows: AMEND Section 34 of The Subdivision Regulations as noted; Minor subdivisions may be approved by the New Hanover County Planning Department. . . . The plat shall conform specifically with Section 47-30 of the North Carolina General Statutes. Within fifteen (15) working days of its receipt of the plat, the Plmming Department shall either stamp the plan as an approved minor subdivision, or notify the subdivider that the plat fails to conform to the definition of a minor subdivision. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. 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 ih day of May 2007. Attest: u~Q~~ William A. Caster, Chairman ~u~ ~. ~U Sheila L. S'chult, Clerk to the Board )( B 30. ..2.1 . ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT FOR HOUSE BILL 1134 "CLEANUP OF ABANDONED MANUFACTURED HOMES" WHEREAS, abandoned mobile homes are becoming a problem for communities in North Carolina since abandoned structures attract unacceptable activities and can be a fire hazard; and WHEREAS, the North Carolina Association of County Commissioners (NCACC) estimates that there are 40,000 abandoned mobile homes and as the housing stock ages the number is expected to double by 2020; and WHEREAS, local officials are concerned about health, environmental and safety issues these structures present and there is no uniform law under which counties can seize them; and WHEREAS, disposal costs can range from $800 to $1,500. Local governments do not have the funds to dispose of the homes. The homes are a problem in the waste stream and portions of the homes can be recycled; and WHEREAS, abandoned homes can be a deterrent for economic development; and WHEREAS, mobile homes' values depreciate; it is often easier and cheaper to abandon rather than haul away. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports House Bill 1134, "Cleanup of Abandoned Manufactured Homes," ADOPTED the 7th day of May 2007. i:)~O- ~ William A. Caster, Chairman ATTEST: ~~~t- '-. ~Il\\- Sheila L. Schult, Clerk to the Board