Loading...
HomeMy WebLinkAbout1989-06-05 RM Exhibits t", ,.----' r"'''#''/ ....:.,. .; EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS ., The Board of Commissioners of the County of New Hanover, North Carolina, met in regular session in the Old County Courthouse, Wilmington, North Carolina, the regular place of meeting at 7:30 o'clock, P.M., on June 5, 1989. The following Commissioners were: - PRESENT: Fred Retchin, Chairman, Jonathan Barfield, Sr., W. Albert Corbett, Jr., E. L. Mathews, Jr., Nolan O'Neal ABSENT: None * * * * * A representative of The New Hanover County Industrial Facilities and Pollution Control Financing Authority (the "Authority") appeared before the Board and advised the Board that the Authority had adopted a bond resolution authorizing the issuance of revenue bonds in the principal amount of $3,500,000 and the execution and delivery of financing documents pertaining to the financing of industrial facilities in New Hanover County for Interroll Corporation (the "Company") . The representative submitted to the Board drafts of an Indenture of Trust between the Authority and Mellon Bank, N.A., as Trustee, a Loan Agreement between the Authority and the Company, a form of Letter of Credit to be issued by NCNB National Bank of North Carolina and a Deed of Trust and Security Agreement. The representative further stated that the Authority proposed to issue and sell the bonds to one or more institutional investors at a price of 100% of the principal amount thereof and requested that the Board approve the issuance of the bonds. Commissioner Barfield introduced the fol- lowing resolution which was read at length: WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the state of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial project for industry; to acquire, construct, improve and equip any such project; and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority proposes to issue its revenue bonds in the principal amount of $3,500,000 (the "Bonds") and to lend the proceeds thereof to Interroll Corporation (the "Company") to finance the costs of the acquisition, construction and installation of an expansion of existing industrial facilities for the manufacture of conveyor equipment in New Hanover County (the "Project") to be owned and operated by the Company; and WHEREAS, the Board has heretofore held a public hearing, pursuant to public notice duly given, and has here- tofore approved the Project in principle and the issuance of revenue bonds to finance the Project; and WHEREAS, the Act provides that no bonds shall be issued thereunder unless the issuance thereof shall have been approved by the governing body of the County and the Board desires to approve the issuance of the Bonds by the Authority; a~ ~ -2- WHEREAS, the Board has considered the financing doc~ments presented to it setting forth the terms of the revenue bond financing; and WHEREAS, the State of North Carolina has allocated to the Authority for the Project $3,500,000 of the private activity bonds volume limitation for the State of North Carolina for the calendar year 1989; NOW THEREFORE, BE IT RESOLVED by the Board of County commissioners of the County of New Hanover as follows: (1) The issuance of the Bonds in the principal amount of $3,500,000 by the Authority is hereby approved. (2) authorized resolution Counsel. The Clerk of the Board of Commissioners is hereby and directed to provide certified copies of this to the Local Government Commission and to Bond (3) This resolution shall take effect immediately upon its passage. Commissioner foregoing resolution seconded the motion, following vote: Barfield moved the passage of the and Commissioner O'Neal and the resolution was passed by the AYES: Commissioners Retchin, Barfield, Corbett, Mathews and O'Neal NAYS: None -3- STATE OF NORTH CAROLINA) ss.: COUNTY OF NEW HANOVER Joyce B. Bragg, Deputy I, ~uc!eX~~XMarre!!~/Clerk of the Board of Commis- sioners of the County hereinafter described, DO HEREBY CER- TIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of New Hanover, a county in the state of North Carolina, was duly held on June 5, 1989, proper notice of said meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept ~yXme in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this 6th day of June, 1989. RESOWTION FDR COUNTIES, MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS OF NORTH CAROLINA MAKING APPLICATION FDR COVERAGE OF ABSOLUTE COVERAGE GROUPS OF lliPIDYEES UNDER THE OLD AGE, SURVIVORS, AND DISABILITY INSURANCE PROVISIONS OF TITLE II OF THE FEDERAL SOCIAL SECURITY ACT " WHEREAS, Title II of the Federal Social Security Act has been amended for the purpose of extending to the employees of political subdivisions of the State and their instrumentalities, and to the dependents and survivors of such employees, the basic protection accorded to others by the Old Age and Survivors and Disability Insurance program as embodied in the Social Security Act, arid WHEREAS, the provisions of Article 2, Chapter 135 of the General Statutes designate the Director of the Teachers' and State Employees' Retirement System, whose title is Director of the North Carolina Public Employees' Social Security Agency, as the State Agency authorized to enter into agreements or coverage plans for the purpose of extending such benefits to employees of such political subdivisions, and WHEREAS, the governing authority of this political subdivision of the State desires to extend to its eligible employees or eligible coverage groups of such employees, and their dependents and survivors, the security, protection ~d benefits provided by said laws and the regulations established thereunder: NOW, THEREFDRE, Be it resolved by the New Hanover County Board of County Conunissioners _____ in regular meeting, a quorum being present: 1. That the governing authority of this political subdivision of the State, to the extent of its lawful authority and power, does hereby eXtend to its eligible employees and eligible groups and classes of such employees the benefits authorized by Title II of the Federal Social Security Act, as amended, and as authorized by Article 2, Chapter 135 of the General Statutes. The serviceg of members of the governing board and the services of members of other boards, councils, commissions, and cOOllDittees, whose duties require not more than 1000 hours of service per year, are to be (a) excluded from coverage(][} or (b) included under coverage 0 . 2. That New Hanover Co. Airport Authority is hereby fully empowered and authorized, and is hereby ordered and directed, to prepare, with the cooperation of the Director of the North Carolina Public Employees' Social Security Agency, a suitable agreement or coverage plan as provided by law, the same to be properly executed by this governing authority and approved by said Director of the State Agency for the purpose of making available to such em- ployees the benefits mentioned in Paragraph I and the preamble of this Reso- lution, effective the 1st day of July , 19~. and seconded by , the above Resolution was introduced duly passed, the following number voting in the following number voting in the negative: 0 . /' for passage and the same Was affirmative: S- ,and the CERTIFICATION BY CLERK ~ This is to certify that at a regular meeting of the Board of Conunissioners of New Hanover County on the..:S'=t;i day of ( ~~ , 19 Ii ~ ' this Resolution was duly introduced and legally HPssed in accordance with t e provisions of the Charter of this political subdivision and/or all applicable laws. That the meeting was duly constituted, a quorum was present and the Resolution was pu~licized in accordance with the Charter and/or all applicable laws. Appro~-L~ate n~~ber of employees to be covered: . 1M 10/71 r ..' 19-!Z-. ~d~c toG... - 'e .~I-' Clerk 0 ard) New Hanover countt Name of PolItIcal-Sub, ivision This the ,;; ~ day of " NORTH CAROLINA New Hanover COUNTY AGREEMENT This Agreement made and entered into on this the day of , 19 by and between New Hanover Co. Airport Authori tJ (City, County or other Political , hereinafter referred to as the Political Subdivision, the party Subdivision) of the first part, and t0e Director of the Teachers' and State Employees' Re- tirement System, hereinafter referred to as the State Agency, the party of the second part: WITNESSETH That the Political Subdivision, by virtue of the power and authority conferred upon it by its charter by Chapter 160A. of the General Statutes of North Carolina, as amended, or by virtue of Chapter 153A. of the General Sta- tutes of North Carolina, as amended, and by virtue of Article 2 of Chapter 135 of the General Statutes of North Carolina (Chapter 562 of the Session Laws of 1951) for the purpose of extending to the employees of political subdivisions the basic protection afforded by the Old Age and Survivors' Insurance System eml::xxlied in the Social Security Act, has agreed with the State Agency for the purpose of establishing the plan as follows: 1. It is agreed that the State Agency is hereby authorized to include this Political Subdivision in any original agreement, or any modification thereof, entered into between the State of North Carolina and the Secretary of Health and Human Services pursuant to Section 218 (v) of ~1e Social Secu- . rity Act'and Article 2 of Chapter 135 of the General Statutes (Chapter 562 of the Session Laws of 1951). 2. It is agreed between the Political Subdivision and the State Agency that unless hereafter modified or amended, the following definitions shall be ~-~.' in force for the purposes of this plan: (a) The term "wages" means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any other than cash except that such term shall not include that part of such remuneration 't,'hich, even if it were paid for employment wi thin the meaning of the Federal Insurance Contributions Act, would not constitute wages within the meaning of that Act. 8/87 ,,,,/ (b) The term "employment" means any service performed by an employee of the Political Subdivision except: (1) service which in the absence of an agreement entered into by the State and the Federal Government, would constitute employ-' ment as defined in the Social Security Act. ' (2) service performed in a hospital, home or other institution by a patient or inmate thereof. (3) service which is excluded from employment by any provision of Section 210 (a) of the Social Security Act other than paragraph (8) of such section. (4) service performed by e;nployees in positions covered by a re- tirement system (as defined in Section 218 (b) (4) of the Social Security Act) on the date the Federal-State agreement is made applicable to this Political Subdivision. (5) service by an individual who is employed to relieve him from W1employment. ( 6) any services of an emergency nature. (7) agricultural labor, which if performed in the employ of a private employer would be excepted from employment W1der the Social Security Act. (8) services performe0by a student which if performed in the em- ploy of a private employer would be excepted from employment W1der the Social Security Act. (9) services which under Section 218 of the Social Security Act may not be included in an agreement between the State and the Secretary of Health and Human Services. (c) The term "coverage group" means a coverage group as defined in Section 218 (b) (5) of the Social Security Act. (d) The term "employee" means an employee as defined in Section 210 (k) of the Social Security Act and Article 2 of Chapter 135 of the General Statutes of North Carolina (Chapter 562 of the Session Laws of 1951), and includes an officer of ~~e Political Subdivision. (e) The term "Social Security Act" means the Act of Congress approved August 14, 1935, Chapter 531, 49 Statutes 620 (including regulations and re- quirments issued pursuant thereto) as such Act has been and may be from time to time aJrended. -2- \ (f) The term "Federal Insurance Contributions Act" means subchapter A of Chapter 9 of the Federal Internal Revenue Code as such Code has been and may from time to time be amended. (g) The term "218 (v)" means Section 218 paragraph v of the Social Se- curity Act. (3) It is agreed that upon the effective date of this Agreement and thereafter upon the inclusion of the Political Subdivision in the Federal- State agreement, the same shall have the effect of making all employees covered by this plan or agreement eligible for Old Age and Survivors' Insu- rance benefits on the same basis as those services rendered by such employees constitute an employment within the meaning of Title II of the Social Security Act. (4) The Political Subdivision hereby undertakes to pay to the Federal Government at such time or times as the Federal Government shall designate, arrounts equivalent to the sum of the taxes which would be imposed by Sections 1400 and 1410 of the Internal Revenue Code if the services of employees covered by this plan constituteed employment as defined in Section 1426 of such Code. (5) The Political Subdivision hereby undertakes to pay to the State Agency, at such time and place as it may designate, such funds as it may cer- tify as being the PolitiCal Subdivision's pro-rata share of the administrative expenses of the program. (6) In consideration of an employee's retention in or entry upon employ- ment after approval of this plan the Political Subdivision hereby agrees, pur- suant to the authority contained in Article 2 of Chapter 135 of the General Statutes (Chapter 562 of the Session Laws of 1951) and in the manner specified by law, to impose upon each of its employees as to services which are covered by this plan, a contribution with respect to his wages, not exceeding the a- -- rrount of tax which could be imposed by Section 1400 of the Federal Insurance Contributions Act, and to deduct the arrount of such contributions fram his wages as and when paid. Contributions so collected shall be paid into the State Agency in partial discharge of the Political Subdivision's liability under this plan. However, the Political Subdivision is aware that failure to deduct such contributions will not relieve the employee or U1e Political Subdivision of liability therefor. (7) The Political Subdivision agrees with the State Agency that will a- dopt such methods of financing as are found by the State Agency to be neces- -3- sary for the proper execution and carrying out of this Agreement or plan, in- cluding the levy of necessary taxes, budgeting and application of funds ~rom non-tax sources, the use of surplus funds, the use of funds derived from water and light revenue, and the use of funds from any sources whatsoever which the Political Subdivision may lawfully apply or use for the purpose of paying off and discharging its financial obligations as required by Article 2 of Chapter 135 of the General Statutes (Chapter 562 of the Session Laws of 1951) or as required by any agreement entered into between the State of North Carolina and the Secretary of Heal th and Hwran Services pursuant to Section 218 of the So- cial Security Act and as required by any Federal act or regulation applicable thereto. (8) It is agreed that delinquent payments due under this plan may, with interest at the rate of six percent (6%) per annum, be recovered by action in a court of competent jurisdiction against the Political Subdivision or may at the request of the State Agency be deducted from other monies payable to the Political Subdivision by any department or agency of the State. (9) It is agreed that the Political Subdivision will comply with such regulations as the State Agency may prescribe to ficilitate efficient admin- istration of this plan and enable the State to carry out the agreement with the Federal Government. The Political Subdivision shall furnish such reports, in such form and containing such information, as the State Agency may from time to time require and comply with such provisions as the State Agency or the Secretary of Health and Hwran Services may from time to time find neces- sary to assure the corrections and verification of such reports. (10) It is agreed that this plan will be rrodified at the request of the Political Subdivision to include any coverage group or additional services not now within the plan, such rrodification to be consistent with the provisions of ~ Section 218 of the Social Security Act and Article 2 of Chapter 135 of the General Statutes (Chapter 562 of the Session Laws of 1951) (11) It is agreed that the Political Subdivision hereby agrees to adopt such methods of administration as are found by the State Agency to be neces- '-~ ',-~/ sal~ for the pro[~r and efficient administration of tile plan, including cooper- ation with the local field offices of the Federal Social Security Administra- tion. The Political Subdivision, pursuant to the authority invested in it by law, hereby appoints Robert J. Kemp , whose title is Airport -4- '--'" " . Director , as the person to be responsible for the local admini.stration of this plan. IN WITNESS WHEREOF, the Political Sub:1ivision, by virtue of its authori~y as provided by law and by virtue of a resolution or order duly passed by the governing authority of said Political Sub:1ivision, a certified copy of which is hereto attached, has authorized its Chairman, Mayor or presiding officer for and on behalf of said Political Sub:1ivision, its signature is hereto at- tached and attested by the Clerk or Secretary of said governing authority; and further IN WITNESS WHEREOF, the State Agency has caused this Agreement to be signed by the Director of the Teachers' and State Employees' Retirement System as authorized by law and whose signature appears hereinbelow attached to this Agreement or plan. Board New Hanover County Board of Commissioners Attest: Director of the Teachers' and State Employees' Retirement System and Di- rector of the North Carolina Public Employees' Social Security Agency ~ .!:, LOCAL FIREWORKS DISPLAY PERMIT APPL ICANT: City of Wilm;n~tOll ADDRESS: P.o. Box 1810 CITY, STATE & ZIP: Wilminqton, NC 28402 AREA CODE: 919 PH ON E : 341-7R10 Request is hereby submitted to obtain your approval to conduct a Fireworks Display. SPONSOR: City of Wilmington-250th Annivpr~~ry DATE OF DISPLAY: July 4 , 19~ or alternate date APPROXI~ATE STARTING TIME: 9:00 p m LOCATION OF DISPLAY: Vicinity of TJSS Nnrth Carolina Battlcsohip Mcmoriill DISPLAY OPERATOR: Southern International Fireworks, Inc. P.O. Box 8340 Atlanta, GA 30306 404/924-1777 APPL ICANT SIGNATURE: DATE SIGNED: , 19 permission has been granted for Southern International Fireworks, Inc. to conduct a Fireworks Display in accordance with the above. APPROVED BY: Fire Prevention or Fire Chief Agency Date Approved PLEASE SEND PERMIT TO SPONSOR AND TO SOUTHERN INTERNATIONAL FIREWORKS .' . ." CITY of WILMINGTON North Carolina P.O. BOX 1810 28402 May 4, 1989 OFFICE OF THE ClTY MANAGER (919) 341-7810 . Mrs. Lucy Harrell Clerk to the New Hanover County Commissioners 320 Chestnut Street Wilmington, North Carolina 28401 Dear Lucy: The City of Wilmington respectfully requests permission from the New Hanover County Board of Commissioners to conduct a fireworks display in celebration of July 4 and the 250th anniversary of the City. Southern International Fireworks, Inc. will be the display operator. The display will consist of set pieces and aerials. Our staff will work with fire, law enforcement, and traffic control personnel. We will also coordinate with the State and the USS North Carolina Battleship Memorial to secure the display area. I have enclosed an approval form requested by Southern International Fireworks. For additional information please feel free to contact me or Richard King (341-7855). Your assistance in this matter is greatly appreciate. Sincerely, I~ yk- Mitzi York Special Assistant to the City Manager MY/pss . . . . . II II . . II II II . III . II . II CI II II II . II II III 11l1li III a II II II II II II II II; II IlII III II II II II D a a II II II II II !II D II II II II II II II II CI If II II II III II II II a a II II II .. II . II III II II II II II II II III II II II .. .... II II II II..... .. II .... II . ~~./'-1 . ~- -;ffi ~ iSnarb of OInmmissinnefS 1. N em lIanouer OInunty 1!\cs nlutinn . . . . . . . . .. WHEREAS, a surface transportation system for vehicles is an indispensable part of the Economic and Industrial Development functions for any section of the State of North' Carolina; and WHEREAS, the State will be stronger if all counties, regardless of geographic location, are encouraged to develop economically; and WHEREAS, Southeastern North Carolina southeast of Interstate 95 and southwest of Interstate 40 is largely rural and lags behind the state average in economic indicators such as rate of employment and per capita income; and WHEREAS, Southeastern North Carolina is in critical need of new industry to improve the economic well-being of its citizens and to stem the predicted out-migration of its young adults during the next generation; and WHEREAS, the 1988-1996 Transportation Improvement Plan (TIP) recognizes the importance of such SENC highways as N. C. Highway 87 and U. S. Highways 17 and 74/76, and assigns them the Strategic Corridor designation calling it "very important to development along their _ entire route, to stimulate growth in portions of the state that badly need it;" and WHEREAS, the 1988-1996 TIP also includes the identification of critical Connectors such as N. C. Highway 24 which will be, in the words of Governor James G. Martin, "a second tier of regional highways that provide access to the strategic highway corridor system;" and WHEREAS, the TIP does not contemplate that there should be construction of either Strategic Corridors or Critical Connectors, but a combination of both to form an-efficient, state-wide highway network; and WHEREAS, the U. S. military frequently uses SENC ~,. "". transportation such as N. C. Highway 87 for its convoys as, ~~~. .... II"" II II" II Ill.... II. II ........ II" II II II"" II II" a IIlII II"" II II II 111111.. .. 1111 III ... II. Illi1l1 II II II II .... II II"" a.. II II"" II""" 'II" II" II" II"" II II" II II II a II II" II" 111111 II II...... .. II II II a.. II . II it transports personnel and equipment from Fort Bragg/pope Air Force Base to seaport facilities at and around Wilmington, North Carolina; and WHEREAS, virtually all of the vacationers going to Southeastern North Carolina beach resorts must travel along highways in the region, creating a significant increase in traffic during the summer months; and WHEREAS, the emerging alternatives to tobacco as a cash crop in Southeastern North Carolina, such as produce, livestock and poultry, all require timely access to markets because of their highly perishable nature; and WHEREAS, the 12-year maximum time period for completion of the North. Carolina Strategic Corridor and Critical' Connector network as contemplated by the joint legislature Highway Study Commission is too long to wait for needed improvements to the transportation system of Southeastern North Carolina; NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners petitions the North Carolina Legislature and the North Carolina Department of Transportation to assign high priority to the Strategic Corridor and Critical Connector development in Southeastern North Carolina, in recognition of the critical need for economic and industrial development in the area; and BE IT FURTHER RESOLVED that the Board is committed to working in unison with other counties in Southeastern North Carolina to insure that the transportation needs of the region are articulated to the appropriate decision-makers. Adopted this~~day of June, 1989. Attest: ~t~(~ ~~ Fred Retchin, Chairman NEW HANOVER COUNTY, NORTH CAROLINA 1989-90 BUDGET ORDINANCE BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, in regular session assembled: Section 1: The following amounts are hereby for the operation of New Hanover County government and for the fiscal year beginning July 1, 1989, and ending according to the following summary and schedules: !! appropriated its activities June 30, 1990, Summary General Fund One Half Cent (1/2 Cent) Sales Tax Fund New Hanover County School Fund Room Occupancy Tax Fund Airport Operating Fund Resource Recovery Fund TOTAL BUDGET Estimated Fund Balance Total Revenues Appropriated Appropriation $ 59,950,076 $ 707,459 $ 60,657,535 5,726,908 926,921 6,653,829 18,198,951 -0- 18,198,951 1,228,000 -0- 1,228,000 -0- 133,575 133,575 4,213,523 1,040,777 5,254,300 t=~~=~J:Z=~~~ t~=~Q,~=Z~~= $=~~=J:~g=J:~Q, Section 2: That for said fiscal year there is hereby appropriated out of the General Fund the following: Function Appropriation Current: General Government Human Services Public Safety Economic & Physical Development Culture and Recreation Education Other Transfers Debt Service: Principal Interest and Fees $ 9,897,273 17,720,428 10,480,986 1,629,149 2,428,514 953,191 250,000 15,563,839 918,215 815,940 !gQ,=g~Z=~J~ Total Appropriations - General Fund i ., .~ Fund July Fund Section 3: It is estimated that the following General Revenues will be available during the fiscal year beginning 1, 1989, and ending June 30, 1990, to meet the foregoing General appropriations: Revenue Source Amount Total Revenues - General Fund $ 43,593,705 10,405,534 50,000 4',436,899 133,57.5 1, ::330', 363 ~707 ,459 !==g~=g~;l=~J~ Taxes Intergovernmental Revenues Licenses and Permits Charges for Services operating Transfers Other Revenues Fund Balance Appropriated Section 4: For said fiscal year there is hereby appro- priated out of the One-Half Cent (1/2 Cent) Sales Tax Fund the sum of !===g=g~J=~~~ Section 5: It is estimated that Cent (1/2 Cent) Sales Tax Fund Revenues will the fiscal year beginning July 1, 1989, and meet the foregoing One-Half Cent (1/2 Cent) tions: the following One-Half be available during the ending June 30, 1990, to Sales Tax Fund appropria- Revenue Source Amount Sales Tax Fund Balance Appropriated $ 5,726,908 926,921 Total Revenues - One Half Cent (1/2 Cent) Sales Tax Fund !==g=g~4=~~~ Section 6: For said fiscal year there is hereby appro- priated out of the New Hanover County Schools Fund the sum of !=J:~=J:~~=~~J: ii . '," ~. Section 7: It is estimated that the following Hanover County School Fund revenue will be available during fiscal year beginning July 1, 1989, and ending June 30, 1990, to the foregoing Public Schools Building Capital Fund appropriations: New the meet Revenue Source Amount Total Revenues - New Hanover County School Fund $ 847,714 16,235 3,276,848 14,0.58,154 !J:~=J:~~=~'~J: Intergovernmental Revenues Other Revenue Transfer In/Half Cent Sales Tax Fund Transfer In/General Fund Section 8: For said fiscal year there is hereby appro- priated out of the Room Occupancy Tax Fund the sum of i=J:=~~~=ggg Section 9: It is estimated that the following Room Occu-. pancy Tax Fund Revenues will be available during the fiscal year be- ginning July I, 1989, and ending June 30, 1990, to meet the foregoing Room Occupancy Tax Fund appropriations: Revenue Source Amount Total Revenues - Room Occupancy Tax $1,110,000 18,000 100,000 iJ:=~~~=ggg Room Occupancy Tax Intergovernmental Revenues Other Section 10: For said fiscal year there is hereby appro- priated out of the Airport Operating Fund the sum of i==J:~~=~;b~ Section 11: It is estimated that the following Operating Fund Revenues will be available during the fiscal ginning July 1, 1989 and ending June 30, 1990, to meet the Airport Operating Fund appropriations: Airport year be- foregoing Revenue Source Amount Appropriated Fund Balance $ 133,575 i==J:~~=~;b~ Total Section 12: For said fiscal year there is hereby appro- priated out of the Resource Recovery Fund the sum of i~=~~4=~gg iii -' Section 13: It is estima~ed that the following Resource Recovery Fund Revenues will be available during the fiscal year be- ginning July 1, 1989, and ending June 30, 1990, to meet the fore- going Resource Recovery Fund Appropriations: Revenue Source Amount Charges for Services Appropriated Fund Balance $ 4,213,523 1,040,777 Total Revenues - Resource Recovery Fund ~==~=~~4=MH~ section 14: There is hereby levied in the General Fund for the fiscal year ending June 30, 1990, the rate of $ .72 on each one hundred dollars ($100.00) assessed valuation of taxable property as listed as of January 1, 1989, for the purpose of raising the reve- nues from the current year's property tax as set forth in the fore- going appropriations. Such of property for assessment ratio rate of 96.5% is rate is based on an estimated total appraised value the purpose of taxation of $4,700,158,974 with an of 100% of appraised value. Estimated collection based on fiscal year 1988-89 collection rate of 96.5%.. Section 15: Copies of this Budget Ordinance shall be fur- nished to the County Manager and the County Finance Director of New Hanover County, North Carolina, to be kept on file by them for their direction in the collection of revenues and the expenditures of amounts appropriated. ADOPTED, this 5th day of June, 1989. (OFFICIAL SEAL) Attest: ~i~ Board of County Commissioners iv ," ~c:, NEW HANOVER COUNTY, NORTH CAROLINA SPECIAL FIRE DISTRICT 1989-90 BUDGET ORDINANCE BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, in regular session assembled: Section I: The following amount is hereby appropriated for the operation of New Hanover County Special Fire District and its activities for the fiscal year beginning July 1, 1989, and ending June 30, 1990: ~===~~~:!:1~~ Section 2: It is estimated that the following Special Fire District revenues will be available during the fiscal year beginning July 1, 1989, and ending June 30, 1990, to meet the foregoing Special Fire District appropriations: Revenue Source Amount Total Revenues - Special Fire District 819,000 31,100 ~===~~~:!:1~~ Taxes Intergovernmental Revenues $ Section 3: There is hereby levied in the Special Fire District Fund for the fiscal year ending June 30, 1990, the rate of $ .04 on each one hundred dollars ($100.00) assessed valuation of taxable property as listed as of January I, 1989, for the pur- pose of raising the revenues from the current year's property tax as set forth in the foregoing appropriations. Such rate is based, on an estimated total appraised value of property for the purpose of taxation of $ 2,121,761,66Q with an assessment ratio of 100% of appraised value. Estimated collection rate of 96.5% is based on fiscal year 1988-89 collection rate of 96.5%. Section 4: Copies of the Budget Ordinance shall be furnished to the County Manager and the County Finance Director of New Hanover County, North Carolina, to be kept on file by them for their direction in the collection of revenues and the expend- itures of amounts appropriated. ADOPTED, this 5th day of June, 1989. (OFFICIAL 4tP-?;tL Fred Retchin, Chairman Board of County Commissioners Attest: AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is ~ hereby amended as follows: Replace existing language under Sec. 23-12 as follows: 23-12 Family One (1) or more persons occupying a single dwelling unit, provided that unless all m~mbers are related by blood, adoption,. or marriage, no such family shall contain over three (3) persons, but further provided: (a) That domestic servants employed on the premises may be housed on the premises wi thout being counted as part of the family residing on the premises; and (b) that a foster home as pesignated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family; and (c) that any child less than eighteen (18) years of age living with parent(s) or legal guardian is not to be counted as a person in calculations hereunder. Section 2. Any ordinance or 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 inhabi tants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. /),~ . -j '0 C Adopted this 5th day of June, 1989. ~~ Fred Retchin, Chairman Attest: C:::. ".__ . '" RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 160A-461 authorizes units of local government to enter into agreements with each other in order to execute any undertaking; and - WHEREAS, the New Hanover County Board of Commissioners and the Board of Aldermen of the Town of Wrightsville Beach desire to enter into an inter local agreement wherein the Town of Wrightsville Beach will agree to provide, at no charge, First Responder Service on behalf of the New Hanover County Department of Emergency Medical Services; and WHEREAS, the initiation of a First Responder Service. will provide quicker access to emergency medical treatment for those persons located within the incorporated boundaries of Wrightsville Beach; NOW, THEREFORE, BE IT RESOLVED THAT: 1. New Hanover County and the Town of Wrightsville Beach will enter into an inter local agreement whereby the Town of Wrightsville Beach, through its Fire Department, will agree to provide First Responder Service to those persons requiring emergency medical service within the incorporated boundaries of Wrightsville Beach. 2. This service will be provided from 5:00 p.m. Friday through 5:00 p.m. Sunday from May 26, 1989 through september 4, 1989. Service will also be provided on any holidays that fall within the contract period. Service will also be provided for . ". special events, as needed, outside the aforementioned term of agreement. 3. The agreement will be automatically renewable each year, with either party being able to terminate the agreement by giving thirty (30) days written notice to the other party. 4. The Director of Emergency Medical Services is' authorized to negotiate the terms and conditions of the agreement on behalf of New Hanover County. ADOPTED this qrd day of ~ NEW HANOVER COUNTY {SEAL} ,ATTEST: 1989. ~~- Fred Retchin, Chairman Board of County Commissioners IJdMZ; ~d ~ ~U Cl the Board (" RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 160A-46l authorizes units of local government to enter into agreements with each other in order to execute any undertaking; and WHEREAS, the New Hanover County Board of Commissioners and the City Council of the City of wilmington desire to enter into an inter local agreement wherein the City of Wilmington, through its Fire Department will agree to provide, at no charge, Rescue and First Responder Service on behalf of the New Hanover ~ County Department of Emergency Medical Services; and WHEREAS, the initiation of a Rescue and First Responder- Service will provide quicker access to emergency medical treatment for those persons located within the incorporated boundaries of wilmington; NOW, THEREFORE, BE IT RESOLVED THAT: 1. New Hanover County and the City of Wilmington will enter into an inter local agreement whereby the City of Wilmington, through its Fire Department, will agree to provide Rescue and First Responder Service to those persons requiring emergency medical service within the incorporated boundaries of Wilmington. 2. This service will be provided on a continuous basis, twenty four (24) hours per day, three hundred sixty five (365) days a year. ,. L'..:".-. 3. The agreement will be automatically renewable each year, with either party being able to terminate the agreement by giving thirty (30) days written notice to the other party. 4. The Director of Emergency Medical Services is authorized to negotiate the terms and conditions of the agreement on behalf of New Hanover County. ADOPTED this ~~ day of ~. , 1989. NEW HANOVER COUNTY {SEAL} ~t:ffL- Fred Retchin, Chairman Board of County Commissioners ATTEST: CL d ~~.. ~ Cler1Jtr/~oard ~ ~ , .r. ~, " ' ~ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II . .. .;;:;:;- ~ . -W"r~ ~I 1Boaril of momminnion.ern \' New, JIannu.erQInuntl1' .' '. , , ' iIlesnlutinn, WHEREAS, New Hanover County highly values preserving coastal water quality as a ,critical economic component of the high 'quality of residents and visitors of the County; and WHEREAS, Masonboro Sound,' has been' nominated' as an Outstanding Resource ,Water (ORW); and the importance of environmen~al and life enjoyed by WHEREAS, Masonboro Sound has been designated as a 'National Estuarine Research, Reserve; and WHEREAS, there are no significant impacts from pollutants in Masonboro Sound and the 'water quality is considered to, be excellent, based on statements 'by the N. C. Di vision of Environmental Management; and WHEREAS, New Hanover County is investing millions of dollars in a Counti sewer system for the explicit purpose of eliminating all septic tank Follution; and WHEREAS, New Hanover County has adopted low density zoning and a conservation overlay district ordinance as part of its commitment to preservingwa~er quality; and WHEREAS, the New Hanover'County Land-Use Plan has classified the waterfront area around Masonboro Sound as either Resource Protection : or Conserva tion, both of which place str ict development restrictions on the land; and WHEREAS, Masonboro Sound will be the focus of a conununi ty planning effort that -, should ,result in' increased local, environmental protection; and WHEREAS, the unique and special water quali ty , characteristics of Masonboro Sound require protection above and beyond the present State standards; and . , 'JIi'~ ~ ~ ' VI ~\ ~I!~~ ".~-~ 'J} ~ ~ .' ....... . II . . . . . . . . . . . . . . . . II II . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . II . . . . . . . . .. . . . . . . . . . . . . II . . . . . . . . . . . . . . ~ WHEREAS, Masonboro recreational resource in fishing and shellfishing by such facts as: , Sound, waters provide an outstanding terms of such activities as recreational and, will continue to do so as evidenced 1. An average annual increase in ~9at.registration of 2.3% in New Hanover County, and ,2. The presence of two heavily-used public boat ramps in waters near,Masonboro\Sound; and' WHEREAS, Masonboro Sound, waters posses special ecological ,and scientific significance based on their use for education and ,research, as indicated by existing and planned future use' by' "faculty and students from'the University ,of North Carolina- Wilmington, and by the N.'C. Marine Aquariwn at Fort Fisher; NOW, THEREFORE, BE IT RESOLVED by' the New Hanover County Board of Commissioners, that the, N. C. Environmental Management' Conunission should declare Masonboro Sound to be an Outstanding Resource Water. ...~uL Freq Retchin, Chairman Attest: ' r~ ., Nrw ){anu,urr - Qtnuntl1 mnar~ nf QInmmi55inn.er5 1!{rn U lutiun WHEREAS, New Hanover County highly values preserving coastal water quality as a critical economic component of the high quality of residents and visitors of the County; and the importance of enviror~ental and life enjoyed' by WHEREAS, Middle Sound has been nominated as an Outstanding Resource Water (ORW); and WHEREAS, there are no significant impacts from pollutants in Middle Sound and the water quality is considered to be excellent based on detailed studies by scientists from the University of, North Carolina-Wilmington and supported, by data from the North Carolina Division of Marine Fisheries and Shellfish Sanitation Services; and WHEREAS, New Hanover County- is investing millions of dol~ars in a County sewer system- for the explicit purpose of eliminating all septic tank pollution; and WHEREAS, the New Hanover County Land-Use Plan has classified the land area around Middle Sound as either Resource Protection or Conservation, both of which place strict development restrictions on the land; and WHEREAS, New Hanover County has adopted the following zoning regulations that will assist in water quality protection: 1, Adoption of a Conservation Overlay District that, among other provisions, requires a 75 foot setback from the marsh line for structures and impervious surfaces in new subdivisions and requires retention of the first .75 inches of runoff, and 2. Establishment of zoning districts that allow building density to be no greater than 1.9 units per acre along the waterfront and no greater than 2.5 units per acre further inland; and WHEREAS, New Hanover County is nearing completion of a ",. Community Plan for Middle Sound which may result in further local ~ ~. environmental protection; ,~~~ ~~~. .............................................1'1 I..... I.......... I. I.......... I... I... I I............ I....... I ~~1 ",'-~ '>,"',";' _m..:.,__~,.,:_".~",,> ~...';...;"~': ".~"".,.-,,.,.., ".,:'''''' : WHEREAS, t.he., unique and special wa ter 'characteristics of Middle 'Sound' require protection beyond the present s,t,ate ' standards;,' and WHEREAS, Middle' Sound'~ waters: provide an' outstanding recreational resource in ~terms of such activities' as recreational fishing and shellfishing;and will continue ,to ,do so as evidenced by such facts as:' ',",' " <. " ' quali ty . above and , I. An average annual increase in boat registration of 2.'3% in New Hanover County,~and' ~ \ 2. ,The presence/of a'veryheavily-used'boat ramp in wat~rs near Middle Sound'; and ,,' ''- , , . , ., ~ " " J " , ~ > "... . '. ' ... _,". -1>, ;' , ~ WHEREAS, Middle:Sound waters posses special ecological and scientific significance based on ,their use for' education and research, as indicated by. existing and' planned future use by' faculty and ',students ;~from 'the University of North Carolina-Wil~ing:ton; an<:l ',-.. . WHEREAS, the original application for Middle Sound as an ORW was separate from any consideration of~opsai~;,sound in Pend~r county. as an ,OR\-'{ ,b,ecause',:' , " , '. .. . 1. The 'in-depth studies"'performed by University of North 'Carolina-Wilmington sci.en.tists :,were only of, Middle Sound wa ters, and - '''> ' ; 2. ' . New ,"Hanover , County has. shown a stronger conunitment to the protection:of water quality" as evidenced by the County's \ "sewer; systems,', Zoning" and,' ' Conservation', Ordinances, and Land-Use Plan. '/"" . , '. , NOW, THEREFORE, BE Board' of Commissioners Management Commission Outstanding' Resource Topsail Sound. ' IT RESOLVED by the New Hanover County that the North Carolina Environmental should declare Middle Sound to' bean Water, 'independent of. consideration 'of . q:;&--et:L Fred Retchin, Chairman . Attest: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on Oakley Road, located from its intersection with Castle Hayne Road west to its termination with Oakley Road, block range 1500 to 2600; and Oakley Circle north thence east thence south to its intersection with Oakley Road,. numerical range 3000-3400. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, an~ for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 5th day of June, 1989, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at th~ County Courthouse, and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is ordained and decreed that the above House Number Assignments be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher and to any city within five miles of said road in accordance with N.C. General Statutes 153A-240. Adopted this the 5th day of CJi~~ Fred Retchln, Chairman Attest: ~ ~., .'.... STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY COMMISSIONERS COUNTY OF NEW HANOVER In the Matter of Closing A Portion of Holly Street ORDER It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close a portion of Holly Street was adopted by the County Commissioners on the lst day of May, 1989 and it further appearing that said resolution called for a hearing to be held on the 5th day of June, 1989,. at which time the County Conunissioners would hear complaints and conunents of interested persons, and it further appearing t.hat notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the 90unty Commissioners are of the opinion that a portion of Holly Street 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 thOe 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: BEGINNING AT A POINT in the eastern right-of-way line of U.s. Highway #117 that is the southwestern corner of lot 1, Block 7, Castle Hayne as shown on the map of Castle Hayne recorded in Deed Book 48 at Page 150 of the New Hanover County Registry; running thence from said beginning point eastwardly along the southern boundary line of Lot 1 and Lot 11, block 7, Castle Hayne, 305 feet more or less to a point at the southeastern corner of Lot 11, Block 7, Castle Hayne; THENCE southwardly along the western right-of-way line of Blossom Street 50 feet to a point that is the northeastern corner of Lot 20, Block 11, Castle Hayne; thence westwardly along the northern boundary line of Lot 20 and Lot 10, Block 11, Castle Hayne, 305 feet more or less to a point in the eastern right-of-way line of U.S. Highway #117, 50 feet more or less to the POINT OF BEGINNING. The same being that portion of what was sometimes known as Holly Street, never opened, 50 feet by 305 feet and running from u.s. Highway #117 to Blossom Street. NOW, THEREFORE, IT I S ORDERED AND DECREED that the above described road be and the same is hereby closed. It is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County, North Carolina. ...- .4- Adopted this the 5th day of June, 1989. Attest: ~Cle ~~ Fred Retchin, Chairman aOot PAGE C\(5a .. STATE OF NORTH RECOfWED AHD VERIFIED REBECC>~ P. TUCKER REG!STEr:: OF DEhJS CAROLINtlf.vr HANG'ILR CO, ,'Ie 1459 0531 JUH 9 3 S3 PH 'B9 COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing A Portion of Holly Street ORDER It appearing to the Board of County Conunissioners of New Hanover County that a Resolution of Intent to close a portion of Holly Street was adopted by the County Commissioners on the 1st day of May, 1989 and it further appearing that said resolution called for a hearing to be held on the 5th day of June, 1989, 'at which time the County Commissioners would hear complaints. and conunents of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News Newspaper 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 Holly Street in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public intere~t, and that no individual owning property in the vicinity of the roads will be deprived of reasonable means of ingress and egre~s to his property by such closing, the legal description of said road being as follows: ... S']);f' ~i/.'; ...J~ ~''-t.".~ ,.~._; BEGINNING AT A POINT in the eastern right-of-way line of U.S. Highway #117 that is the southwestern corner of lot 1, Block 7, Castle Hayne as shown on the map of Castle Hayne recorded in Deed Book 48 at Page 150 of the New Hanover County Registry; running thence from said beginning point eastwardly along the southern boundary line of Lot 1 and Lot 11, block 7, Castle Hayne, ~05 feet more or less to a point at the southeastern corner of Lot 11, Block 7, Castle Hayne; THENCE southwardly along the western right-of-way line of Blossom Street 50 feet to a point that is the northeastern corner of Lot 20, Block 11, Castle Hayne; thence westwardly along the northern boundary line of Lot 20 and Lot 10, Block 11, Castle Hayne, 305 feet more or less to a point in the eastern right-of-way line of U.S. Highway #117, 50 feet more or less to the POINT OF BEGINNING. The same being that portion of what was sometimes known as Holly Street, never opened, 50 feet by 305 feet and running from U.s. Highway #117 to Blossom street. NOW, THEREFORE, IT I S ORDERED AND DECREED that the above described road be and the same is hereby closed. It Is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County, North Carolina. AETURNEDTO ~ #~ N II {' Ihfl/li"j ~ BOO~ ?AGE 1459 0592 Adopted this the 5th day of June, 1989. Attest: ~~ Fred Retchin, Chairman ',4.3 4.2 4./ r-: C/) m ;J ::J J: 2 .~ 5 3 2 ,3 2 (~ '1 ~- ~~ I' "", I i , /' }---- . i I lB IJ @, ROAD CLOSING - Portion of Holly Street II I Scale: I ::400 -.0.1 J , POPLAR S , .@] w ~. ....... '- -, '- & '" Of W c. w ',' '!~ (J~) c;-:: ~.-' ! 05/. HOl lV ST,~ " 5- I ' ~ 3 _ ROA CLOSING @) 2 gi j I @ .!~ 'I- 'lJJ ' lJJ a: I- C/) HICKORY ST. !' "" G CHEERY ST. '3 .~ @J' \ i " I , IT3J a <l: o a: e lJJ ~ ;z <( Q: o " "'" i~1 I. K,E. AUSTIN CORP. 2,E.R,JONES HRS, 3, PATRICIA ROC'XS 4,GREGORY JAMIESON 5,JOHN McCABE 2: 3: 0" I- :x: u.. <l: ..J OJ i 1 I: f.' (, ./ " ,1