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Agenda 2001 06-04- AGEN®A l ~~~~NOV~R C~ ~~ I G :~. 2 ,, .c . ~ •~ ,,* I~ 9 _ a ~~ IYPO~P'E%PO T ~~ Irlovsrnr ~~` NORtH~p NEW HANOYER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN • ROBERT G. GREER VICE-CHAIRMAN WILLIAM A. CASTER, COMMISSIONER • JULIA BOSEMAN, COMMISSIONER • NANCY PRITCHETT, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY' LUCIE F. HARRELL, CLERK TO THE BOARD ` .Iune 4, 2001 5:30 p.m. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION ..PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. - 5:45 p.m. 1.: Presentation of John M. Dolan Firefighter of the Year Award 1 S:SO p.m. 2. Review Recommended Funding with Specific Organizations and Hold a Public 3 Hearing on the FY 2001-2202 Recommended Budget 7:40 p.m. 3. Consideration of Adoption of an Ordinance to Prohibit the Unauthorized S Disposal of Out of County Waste -Second Reading . Public Hearings: 8:00 p.m. 4.1 Rezoning (Tabled Item) -Request by Planning staff to apply a Special ~ 7 Highway Overlay District 1,000 feet on either side of the Highway 17 By-Pass " right-of--way extending from its intersection near Futch Creek Road and Market Street west to Highway 421 North (Z-72S, 04/01) 8:10 p.m. 4.2 Special Use Permit -Request by Crown. Castle Atlantic/Cingular Wireless to 11 . permit a 275 foot telecommunications tower in a Rural Agricultural District (RA) located at 3719 Northeast Avenue in Castle Hayne. (5-477, OS/O1) 8:20 p.tn, 4.3 Zoning Text Amendment -Request by Planning staff to add Indoor Shooting 19 Range to the Table of Permitted Uses and add Section 72-38 to the Zoning Ordinance requiring additional restrictions imposed on Special Use Permits for ' ~ Indoor Shooting Ranges. (A-209, OS/O1) 8:30 p:m. ~" 4.4 Road Naming/Address Assignments - Request by Planning staff to name a private 21 unimproved road to Rustic Lane and assign mailing addresses located near the 2100 block of Oakley Road, north side. (SN-86, 08/00) 8:40 p.m. 4.S Floodplain Mgt. Regulation Amendment -Request by staff to make several 2S amendments to our existing ordinance concerning development in unnumbered A " Zones and the requirements for providing base flood elevation. data. These amendments are required by the national Flood Insurance Program. (A-311, . .06/01) 8cS0 p.m. S. Consideration of Estabiishment of New Firing Range, Adoption of Capital 29 ' ~ ~ Project Ordinance and Approval of Associated BA #O l -48 .. ~~~ `r'f~~i ~ 1/~M • ~ ~I/~DYrt5 ~Stsib!d~ ~~ ~ '(,e-uw~ ; ~~~ ~`~ - ~ - f~' ~aeci,-~a.~6tm ~ C,Fntibol ida,~r`orv~ ~ot~ ~ ~~ - SoYt( ~d, ~wn~ ~~1 ~ U1a~1~-~u~~,~-~~s;~5~,~rr>~ w t~s~~~ G~ur~ ' ESTIMATED ~ ~ ITEMS OF EUSINESS PAGE TIMES. ~ NO. 9:10 p.m. 6. Consideration of Award of Bids for Jail Project, Consideration of Continuation 47 of Contract for Jail Expediter, and Consideration of Associated Matters ~/" 'r' 9:3.0 p.m. 7 ~ Meeting of the Water and Sewer District ~ ~ 49 9c35 p.m. . -8. - :Non-Agenda Items ~ , . 9:45 p.m. F ~ Additional Items -County .Commissioners, County Attorney, County Manager ' 10:00 p.m. Adjourn .~ *Note: The time listed for each agenda item is estimated, and in the event that a.preceding item takes less time, the Board will move to the next item:. ~ _ i ~. P _ - '} s t; 1 r ' ,I i ~~ ~_ • • • MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER C®UNTY HISTORIC COURTHOUSE 24 NORTH THIRD .STREET, ROOM 301 WILMINGTON, NC June 4, 2001 ITEMS OF BUSINESS PAGE . NO. 1. Non-Agenda Items (Limit 3 minutes) 49 2. Approval of Minutes 51 Adjourn CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS . June 4, 2001. ITEMS OF BITSINESS PAGE NO. l . Approval of Minutes 55 2. Approval of Resolution for Fees to be Charged by the Sheriff's Department for 57 Service of Process 3. Approval of Appointment of Robert G. Greer as the Voting Delegate to the NACo 59 Annual Conference ~J NEW HANOVER C®UNT'Y ~OAR® ®F C®MMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: O6I®4%01 Regular Item #: I Estimated Time: Page Number: Department: Fire Services Presenter: Jim Sawyer Contact:' Donnie Hall SUBJECT: Firefighter of the Year Award BRIEF SUMMARY: The Fire Commission, acting on behalf of the County Commissioners„ annually selects the recipient of the John M. Dolan Firefighter of the Year Award from nominees submitted by the Fire Chiefs. RECOMMENDED MOTION AND REQUESTED ACTIONS; n/a FUNDING SOURCE: n/a ATTACHMENTS: Additional information will be sent separately without revealing who the recipient is in order to keep it a secret until the presentation. iTE0Y1 DOES iVC~T REQUIRE RE'a/lEW ~_ ~~OUNN COMMI3SI~N~ APPROVED ~ -:<~:, 6tEJECTED Cl ~ .+,~ REMOV~.D C7 rfi POSTPCiVFD E] FKEARi) ~~~ {This page intentionally left blank} \ ~J '] R~ L; '? fh rj1~ '`.,P.~`u~'~r~:. sih "iii",~ j;"~'}' r ~~fi~ f : h~. t;g~ _. x ~ .~ 2 NEVV HANOVER COUNTY UOAR® OF COMMISSIONERS REQUEST FOR BOAR® ACT90N Meeting Date: 06/04/01 Regular Item #: 2 Estimated Time: .Page Number: Department: Governing Body Presenter:, Chairman Davis Contact: Allen O'Neal, County Manager SUBJECT: Review Recommended Funding with Specific ®rganizations and Hold a Public Hearing on the FY 2001-2002 Recommended Budget. BRIEF SUMMARY: Beginning at 5:45 p.m. on June 4,2001, the Board of County Commissioners will review FY 2001-2002 recommended funding withapecific organizations. A public hearing will be held at 7:00 p.m. to receive public comments on the FY 2001-2002 Recommended Budget. Following is a .list of organizations scheduled to address the Board ofiCounty Commissioners: 5:45 p.m. ~I~ealth Department Cln~ 5~~, Ads~,~,, Sup~rt,,. Env:rd„m~e~.~l~~+F-~ 6:00 p.m. ,Southeastern Mental Health Center 6:15 p.m. Cape Fear Community College 6:30 p.m. New Hanover County Schools 7:00 p.m. Public Hearing on FY 2001.2002 Recommended Budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Begin at 5:45 p.m. on June 4, 2001., to review FY 2001-2002 recommended funding with specific organizations. Hold a public hearing at 7:00 p.m. to receive .public comment on the FY 2001.2002 Recommended Budget. =t FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND Hear presentations and conduct hearing COMMISSIONERS' ACTIONS/COMMENTS: r~UNTY OOMMf~t~ „~ .ipPPROVED ®~ REJECTED Q REMOVED t~ >"~<:, `~,~ POSTPONED ~ ,~ FkEAP,i) 3 -, °l 7~: ~~~`~ :~ ~; :~; .; ., .~ t ','~ k~ ..~ 4 ~~w ~An~ov~R couNTY ~®AR®®F con>7n~assio~~Rs REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 • 1^ Regular Item #: 3 Estimated Time: Page Number: Department: Environmental Management Presenter: Ray Church Contact: Ray Church SUBJECT: Adoption of .an ®rdinance to Prohibit the Unauthorized Disposal of Out of County Vl/aste BRLEF SUMMARY: The New Hanover County Department of Environmental Management operates the Landfill and WASTEC for the benefit of the citizens of New Hanover County.. In order to operate these facilities, it has been necessary to contribute tax funds to balance the budget and maintain a dispospl fee competitive with regional landfills. It has been determined through waste screening, as required by State and Federal Regulations, that some commercial haulers, contractors, and citizens from surrounding counties are disposing of waste from outside New Hanover County at the Landfill and WASTEC. The Landfill is restricted by permit to receive only those wastes generated within the boundaries of New Hanover County. WASTEC is not restricted by permit but, due to the tremendous growth in the local waste stream, a decision was made, to cease acceptance of out-of-county waste at WASTEC to accommodate in-county waste and prolong the life of the landfill. Notices were mailed and signs posted that as of December 15, 1999, out-of-county waste would no longer be accepted. Additionally, prior notices were mailed to haulers beginning in 1997, that N.C.G.S. i30A.309 requires the county report the tonnage of out-of- county waste disposed at its facilities to the County Manager from which the waste was generated. Out of county waste continues to be delivered intentionally, without identification of its place of generation..The ordinance will place penalties on those continuing to fail to identify out-of-county waste. , RECOMMENDED .MOTION AND REQUESTED ACTIONS:. The Solid Waste Advisory Board approved a motion on May 8, 2001, to recommend to the Board of Commissioners that the attached Ordinance be adopted to prohibit the unauthorized disposal of out of county waste. FUNDING SOURCE: N/A ATTACHMENTS: Ordihance oocwaste.ord.fidoc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET; N/A HUMAN RESOURCES:.N/A Recommend approval. -Second reading required. COMMISSIONERS' ACTIONS/COMMENTS: r ~uN~nr co~~a~~® APPROVED REJECTED REMOVED C:J , POSTPONED i:3 Fi:EARi) CJ/ 1/ 5 ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS /mil/ ~~ ~,. r_- `; :REAS, the New Hanover County Lardfill and`WASTEC are owned and operated by the County of Hanover, and; 'HEREAS,-the New Hanover County Department of Environmental Management serves as the landfill id WASTEC administrator and maintains the landfill and WASTEC for the benefit of the citizens of New anover County, and; WHEREAS, the New Hanover County Landfill and WASTEC are valuable and limited resources which e owners wish to preserve and conserve, in order that, they may be available for use by the citizens of ' ew Hanover County, and; WHEREAS, the New Hanover County Landfill is restricted by permit to receiving only waste generated in ew Hanover County, and; ~ ' /HEREAS, the County has found it necessary to restrict unauthorized out-of-county waste that' is ;ceived at the landfill and WASTEC; ow,~in order to'properly manage waste and to adhere to permit conditions, the~following shatlapply action 1. New Hanover County Landfill and WASTEC ~e New Hanover County Landfill and WASTEC, as presently constituted and as may be expanded in the ture, shall be used for the disposal .of solid waste generated exclusively by the residents, businesses and :her institutions located in New Hanover County unless specifically authorized by the County Manager or s designee. ection 2. Enforcement . Criminal Penalty. Any person disposing of waste in violation of this ordinance shall be guilty of a isdemeanor punishable by a fine not to exceed $500 per offense or imprisonment of not more than 30 Sys, or both. Each violation shall be treated as a separate offense. . Civil Penalty. A'ny person who is found in violation of this~ordinance-shall be subject to a civil ' malty not to exceed $~00 for the first offense, $1,000 for the second offense and $5,000 for subsequent Menses. Each violation shall be treated as a separate offense. Other Remedies. Equitable remedies may enforce this ordinance and any unlawful condition stingYin.violatiomofthis ordinance may be subject to an injunction or order of abatement. ~W;~TIIEREFORE BE IT ORDAINED that the County Commissioners of New Flanover County reby~°app~i-ove.th~s ordinance restricting the disposal of unauthorized solid waste at the New Hanover iuntyLaridfill'arid WASTEC. ,. lopted this, the ~ 1st day of May 2001. - New Hanover County Board of Commissioners TTEST ucie F. Harrell, Clerk to the Board ,~ AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 44, Solid Waste, New Hanover County Code, is hereby amended, to reflect the following addition to section 44-1, the creation of section 44-3A, an amendment to Section '44-45(4) and the addition of Article IV, Out-of-County Waste: Section 44-1, "Definitions," shall be amended to include the following: nut-nf-County waste means anv waste produced and collected from sources outside the boundaries of New Hanover County, The following section shall be created: Section 44.3A Disposal of Unauthorized Out of County Waste Prohibited Solid waste produced and collected from sources outside the boundaries of New Hanover County and delivered to WASTEC or the Landfill without prior approval are prohibited. Out of County waste delivered to WASTEC or the Landfill and not identified as Out of County .waste and/or without prior approval will be subject to Section 44:5, Enforcement. Section 44-45, "Enforcement," be amended to read as follows: (4) .Other remedies. The provisions of this chapter may also be enforced in any other manner set forth in G.S.- 153A-123. The provisions of Article IV of this chapter shall serve as an alternative to the provisions in this section. The following Article shall be created: ARTICLE IV. Out-of-County Waste Section 44-85 Title ''This article may be cited as the "Out-of-County- Waste Ordinance of New Hanover County, North Carolina." Section 44-86 Purpose The New Hanover County Landfill and WASTEC are owned and operated by the County of New Hanover, and; ~O r ~;:, ® The New Hanover County Department of Environmental Management serves as the landfill and WASTEC administrator and maintains the landfill and WASTEC for the benefit of the citizens of New Hanover County, and; The New Hanover County Landfill and WASTEC are valuable.and limited resources -which the owners wish to preserve and conserve, in order that they may be available for use by the citizens of New Hanover County, and; The New Hanover County Landfill is restricted by permit to receiving only waste generated in New Hanover County, and; The County has found it necessary to restrict unauthorized out-of-county waste . that.is received at the landfill and WASTEC; _ . This Article is created in order to properly manage waste and to adhere to permit condition's.. Section 44-87. New Hanover County Landfill and WASTEC The New Hanover County Landfill and WASTEC., as presently constituted and as may be expanded in the future, shall be used for the disposal of solid waste generated i exclusively by the residents, businesses and other institutions located in New Hanover .County unless specifically authorized by the County Manager or his designee. Section 44-88. Enforcement. A. Criminal Penalty. Any person disposing of waste in violation of this ordinance shall be guilty of a misdemeanor punishable by a fine not. to exceed $500 per offense or imprisonment of not more than 30 days, or both. Each violation shall be treated as a separate offense. B. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil penalty not to exceed $500 for the first offense, $1,000 for the second offense and .$5;000 for. subsequent offenses. Each violation shall be treated as a separate offense. C. Other Remedies. Equitable remedies may enforce this ordinance and any unlawful condition existing in violation of this. ordiriance may be, subject to an injunction or order of abatement. NOW, THEREFORE BE IT ORDAINED by the County Commissioners ofNew Hanover County, that Chapter 44, Solid. Waste, New Hanover County Code, is hereby amended, to reflect the above addition to section 44- I ,the creation of section 44-3A, an amendment to ~: Section 44-45(4) and the addition of Article IV, Out-of-County Waste. Except as specifically amended above, Chapter 44 shall remain unaltered, in full force and effect. ~, Adopted this, the 4th day of June 2001. New Hanover County Board of Commissioners ATTEST Lucie F. Harrell, Clerk to the Board • ~: ~ . NEVI HANOi/ER COUNT`( BOARD OF COIVIII~ISSIONERS REQUEST FOR BOARD ACTION Meeting Date:, 06/04/01 Regular Item #: 4.1 Estimated Time: Page Number: Department:Planning Contact; Baird Stewart Presenter: Dexter Hayes SUBJECT: ` Z-T25. 04/01; Applicant: IVew Hanover County Planning;. Application of Special Highway Overlay District (SHOD] Location: 1000' either side of 17 By-pass right- of- way. BRIfF SUMMARY: The Planning Board held a work session to discuss methods of alleviating concerns about the proposed SHOD. As a result of these two meetings the Board, directed staff to develop language to a11ow reduced setbacks provided additional landscaping and buffering are provided, allow outside storage and manufacturing in front of the building with landscaping and buffering, reduce side and rear yard setbacks in accordance with underlying zoning district and to only apply the signage restriction on properties to the west of the Cape Fear River. Additional concerns were presented at the May 3, 2001 public hearing. Mr. Shanklin an attorney representing two clients presented the attached language for the board to consider adding to the Zoning Ordinance. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board Unanimously recommended approval of the proposed SHOD with the revised language presented by Mr. Shanklin with a couple of wording modifications and the elimination of . the 50% buildirig coverage restriction. FUNDING SOURCE: n/a ATTACHMENTS: 4 ITEfi~ DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~Q'9UiVT1f COMMtS$ . APPROVED REJECTED ~ _; REMOVED ~? '~'` .. POSTPONED C~ ~IEAR15 C. ~ . 'r 7 SE: Z-725, 04/01; APPLICANT: New Hanover County Planning QUEST: Application of Special Highway Overlay District (SHOD) CATION: 1000' either side of 17 By-pas Right-of-way. CANNING BOARD RECOMMENDATION 5/3/01: Based on comments presented at the April ~, 2001 Public Hearing, The Planning Board old a work session to discuss methods of alleviating concerns about the proposed SHOD. As a ;salt of these two meetings the. Board, directed staff to develop language to allow reduced ~tbacks provided additional landscaping and buffering are provided, allow outside storage and ianufacturing in front of the building with landscaping and buffering, reduce side and rear'yard ~tbacks in accordance with the underlying zoning district and to only apply the signage ~striction on properties to the west of the Cape Fear River. . The Planning Board heard the item again at their regularly scheduled public hearing on 'hursday,;May 3, 2001. Several people presented additional concerns. Mr. Shanklin an attorney °presenting two clients presented the attached language for the board to consider adding to the ,oning Ordinance. The Planning Board Unanimously,recommended approval of the, proposed SHOD with Ze revised language presented by Mr. Shanklin with a couple of wording modifications and the limination :of the 50% building coverage restriction. 'CANNING BOARD RECOMMENDATION 4/5/01: Staff reviewed the location of the proposed overlay district. Several people presented leir concern about the restrictions imposed by the SHOD. Although few people were opposed to 7e sign restrictions, there were significant concerns raised about the width of the overlay, dditional setbacks, buffering and about creating non-conformities which could limit expansion. Approximately 99 parcels or parcel remnants that are currently zoned commercial or ndustrial may be affected by the SHOD. The Planning Board continued the item to hold a work ession to discuss methods of alleviating these concerns. The board held a work session on Uednesday, April 25, 2001. The Planning Board will hear the item again at their regularly cheduled public hearing on Thursday, May 3, 2001. AFE SU1ViMAR1': rt 59.6: Special Highway Overlay District (213/86) 9.6-1: Purpose -The purpose of the Special Highway Overlay District (SHOD) is to, protect the atural beauty and scenic vista that exists along-Interstate Highways and other specially esignated roadways that serve as major access ways and gateways into IVew Hanover County. rotection of these roadways is important and necessary to maintain and preserve the County's. ndisturbed roadsides that are characterized by their natural woodlands and open spaces.~The ontinued protection of these scenic highways is also a valuable asset to the County's tourism conomy and enhances the attractiveness of the area for trade and investment. The Special Hig,~waiyi District shall be in addition to any other zoning districts where applied so :t h~f~any parcel of land~lyaing in a SHOD may also lie in one or more of the zoning districts provided for by this~Ordinance. The development of all uses .permitted by right or by special use permit in the und.`e,~lying,district, if any, shall be subject to the requirements of both the SHOD and the underlying district±',if any. In the event the SHOD requirements conflict with the underlying ..district requirements„ the requirements of the SHOD shall take precedence. If requirements far a particular item are not'specified in the SHOD but are specified by the underlying district, then the Q requirements of the underlying district shall be followed. ~) . 59.6-2: Procedures - in creating a Special Highway Overlay District (SHOD), the same .procedures shall be followed as those for making any other amendments to the Zoning Ordinance ~' under Article XI hereof. 59.6-3: Applicability - It is hereby required that all non-residential structures, buildings and improvements to property located~within the SHOD comply with the following regulations. Access roads and utility (communications, gas, electrical, sanitary services) structures are exempted from these controls. (5/4/87) (1) Setback Requirements -All non-residential buildings and accessory uses shall set back no less than 100 feet from the right-of-way of the designated highway. No building shall be located less than 25 feet from any property line. However, the setback may be reduced for those ' buildings, accessory uses and off-street parking by a maximum of 25% if the project .provides additional plantings along the right-of-way. At a minimum, these plantings shall consist of one deciduous or evergreen tree at least 2.5"-3" caliper for every 40 feet of.road frontage. These streetscape trees must be selected and planted in accordance with Section 67 of the Ordinance. Plantings must be located in the first ten feet of land adjacent to and parallel to the right-of-way except that plantings may be moved outside this area if it is determined that overhead power-lines would interfere with the trees' natural growth. (3/9/95) . (2) Enclosed Facilities -All manufacturing, storage, offices, wholesaling, -retail sales or similar uses shall be conducted within an enclosed building. (3) Outside Storage -Outside storage can be permitted if it is located directly to the rear of the principal building and is not visible from the designated highway. The outside storage area shall not occupy an area.wider than the principal building or larger than one-half (1/2) the area of the principal building. A three (3) row screen shall be provided in accordance with the Landscape standards of Section 67. No storage shall be permitted above the height of the screen. Junk yards and scrap processors shall not be permitted. (4) Parking and Loading ® (A) Parking and loading shall be provided in accordance with the provisions set ^ forth in Article VIII and Section 67. All loadin shall be from h sid g t e e or rear of the principal structure as viewed from~the designated highway. If loading is performed on the side of the building, as viewed from the designated highway, a three (3) row screen shall be provided in accordance with the Landscape Standards of Section 67. (B) No vehicular or equipment parking except automobile parking shal(be permitted in the yard area adjacent to the designated highway. All automobile parking shall be set back at least one hundred (100) feet from the right-of-way of the designated highway if such highway is an interstate or thoroughfare with controlled access. Other US and NC numbered highways shall require a fifty (50) feet setbackfor automobile parking. (5) Lot Coverage -The total ground area covered by principal buildings and all accessory buildings-shall not exceed fifty (50) percent of the site. ' (6) Signs -Signs shall be in accordance with Article IX except that only one free standing ground sign not to exceed six (6) feet in height and a maximum surface area of 150 square feet may be permuted within the 100 foot setback. No outdoor advertising signs shall be permitted. (3/14/94] 9 m Sf tion 59.6: Special Hightivay Overlay District (SHOD) Proposed Amendments,to.Sectiori 59.6 for the SHOD along the Hightir•ay 17 By-Pass: Edw ~ ds, Inc. and Tidewater Storage Trailers recommend the following text for the Highway 17 By-P; ss fo be added`to~ Section 59..6-3 of the Nevv Hanover County Zoning Ordinance. (7) Highway 17 By-.Pass SHOD. -The 1,000-foot wide SHOD implemented along the entire right-of vvay length of the Highway 17 By-Pass shall be subject to the following' specific limitations rather than the general restrictive controls of subsections ~1-56 of Section. 59.6-3. All nonresidential buildings and accessory uses shall be set back no less than 100 feet from the right- of-vvay of the Highway 17 ~By-Pass.. Ho:we.ver,. this 100-foot wide setback may .be reduced by 50% if (a) streetscape~trees are planted in accordance with Section 59.6-3(1) and (b) 30 feet of the remaining setback area .is planted in accordance with the buffer section of the ordinance. Onlybuffering and landscaping shall be permitted within the reduced setback area. Additionally no storm water management facilities or utilities shall be permitted within the reduced setback area. ~Hovvever, storm water management and/or utilities may be permitted in the setback area if the formula described in Section 59.6-3(1) for reduction of setback is utilized and there is no parking, outside storage or manufacturing in front of the building. There shall be no additional side and rear yard buiidin~ setbacks required for nonresidential structures, ;buildings and improvements for the Highway 17 By-Pass SHOD, provided an~1 no additional buffering is s_ha~l be r~ quired for loading. storage, commercial and indtistrial•~uses and ,activities outside of enclosed facilities. Outside storage, manufacturing and other commercial and industrial uses may tie permitted in front of the building if the entire 1 OO-foot wide setback area is, utilized for lands aping and buffering.' The area west of.the western edce of the Northeast Cape Fear River shall have no SHOD restrictions except for the restriction~on signage as spzcified in Section 59.6-~(6). J 10 IVE~I HA~VOVER COUNTY ~OAR® OF COMMISSlOIVERS REQUEST FOR DOARD ACTIO(V Meeting Date: 06/04/01 Regular Item #: 4.2 Estimated Time: Page Number: Department: Planning Presenter:. Dexter Hayes Contact: Baird Stewart SUBJECT: S-477, 05/01; Special Use Permit: #or a 275' Telecommunication Tower in a Rural Agricultural Distric# Location: 3719 fVortheast Avenue in Castle Rayne BRIEF SUMMARY: The petitioner has requested a special use permit for a telecommunications tower to be erected in an area zoned RA Rural Agricultural. Telecommunication towers are permitted by Special Use Permit in RA districts. The proposed tower will be in compliance with FCC requirements and FAA regulations. RECOMMENDED MOTION AND REQUESTED ACTIONS: The petitioner presented the request and presented" evidence indicating that collocation on a nearby tower is not feasible. The new tower will provide sites for collocation. No one spoke in opposition. The Planning Board recommends approval. FUNDING SOURCE: n/a ATTACFIMENTS: n. 6 a. ITEM DOES T10T REQUIRE REVIEW COU(VTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~C..1NTY COMNiI~I i . /~-PPROVED , .~,t i . ~ ,a . REJECTED © ~ I REMOVED C~ .>~,r.:; ,,,;; POSTPQNED L~ ,' u `: F~EARi) cC~~~~j~, . • 11 Case: 5-477, OS/O1 Special iJse Permit: fora 275' Telecommunication Tower, in a Rural Agricultural District Location: 3719 Northeast Avenue in Castle Hayne PLANNING ~®ARI) REC®iVIMENDATI®N 5/3101: The petitioner presented the request and presented evidence indicating that collocation on'a •nearby tower is not feasible. The new tower will provide sites for collocation. No one spoke in opposition. The Planning , Board recommends Approval. Preliminary Staff Findings 1 .. 1. ~ he board' must find that the use dvill not materially endanger the public health or safety if located 'vhere proposed and developed according to, the plan as submitted and approved. A~ The site is served by the Castle Hayne VFD ' B~ The area is served by individual well and septic,, No restroom facilities will exist on site. C~ The site has access through a 20' wide access easemert'from Northeast Avenue which is a state' maintained road. D~ The tower compound will be fenced with a 6' chainlink:fenc~e topped with barbed wire., EI Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. 2. `The Board must find that the use meets all. required conditions and specifications of the zoning ordinance. A~ The proposed tower site is zoned RA Rural Agricultural. Telecommunication towers are permitted by Special Use Permit in RA districts. B~ The proposed tower will be in compliance with all FCC requirements. C~. The proposed tower will also comply with-all FAA regulations. ~ • D4. A site plan in accordance with the requirements of section 69.17 of the New Hanover County Zoning Ordinance has been submitted. E. A third row of plant material will be required to meet buffering requirements. FI Documentation that there is no suitable existing facility within the coverage area for collocation will be ,~'. ~'~G f~p'ro~ided by~'the applicant. ,~ r a j 3. (ThehBoarci must fnd that the use will not substantially injure the value of adjoining or abutting property or thatthe use is a public necessity. 1`4 ~; ~ .. R'd ,A~ Similar type faci;~lities exist in residential neighborhoods throughout New Hanover County. ~,;:,.~B!~.. N,o evidence ha~been presented that this tower will decrease property values or exist as a health hazard to residents that live nearby. ~. yThe Board must farad that the location and character of the use of developed according to the plan as submitted-and approved will be in harmony with the area in which it is to be located and.in general conformity wi#h the plan of development for Mew Hanover County. A. According to the New Hanover County Land Use Plan, the site is located in the Resource Protection land ' classification: The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. ' S. No County regulated conservation or historic resources have been identified on the site. 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D Dm ~Am .m m Q y O ~ . mN i > Z g m c 1 1 Z 'o ~ 'm'S~~gR,- .~.a~ .;'V ~~~~ ~.~b m n ~'s°U~.® ^ ~ N ; . - p j~~o11 ° N O © Om ~ ~ ~ ~i~gF49q '~ `~.' ~'~ -rr9 i{ ~'J y~y ~ -`^'~ v o Dy ~ ~ ~ ~~` N _~:~' m c~- ~g =109 \Ha'~,-'~. i~ - Wry m 4a ~ o '9 .P r a=.;~o~ g ~SRo o ~~ ~r NEVV IiANOVER C®UNT~ B®AR® OF CONIIVIISSI®NERS REQUEST FOR BOARD ACT1®N Meeting Date: 06/04/01 ® Regular Item #: 4.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUBJECT: A-309, 05/01:_ Applicant: Planning Staff; Z©ning Text Amendment for the Table ®f Permitted Uses DRIEF SUMMARY: Based on concerns about a proposed indoor shooting range staff has been directed to amend the Table of Permitted Uses .to add indoor shooting ranges. This amendment could be accomplished by adding the use to the table and adding "P" or an "S" in the appropriate zoning district column. Staff has also proposed language to be added to Article VII, Section 72 for additional restrictions imposed on special use permits for indoor. Shooting Ranges. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff presented the following text amendment. There were some concerns raised about the $300,000 liability insurance. The Planning Board recommended approval with the modification of the insurance language to read that the range shall be covered by an adequate amount of accident and liability insurance. n FUNDING SOURCE: n/a ATTACHMENTS: 1 1TEtlb9 ®OES N®T REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rQ.OUNTY G4MMi~#~1 APPROVED ~~ :,~•!~ ~2EJECTED ® ~~~, REMO~.`'"D f.~ ~' • ,~~p~~~. POSTE r, "~ ,`, pF~~EA(`E '~ ~ ~ , Vt r~ l~/~~. ~ --.:.~~ ~l obi ~•, ~, 1.~,~re. Deny ~!~`,.`,~ ~~,v v . l m h~ d c~ ~ ~.-) CASE: A-309, OS/O1 Applicant: Planning Staff Pl~ ANNING B®ARD RECOi'vIlVIENDATION: Staff presented the following text amendment. There were some concerns raised about the $300,000 liability insurance. The Planning Board recommended approval-with the modification of. the insurance language to read that the range shall be covered by an adequate amount of accident and liability insurance. ,QUEST: Zoning Text Amendment for the Table of Permitted Uses Based on concerns about a proposed indoor shooting range staff has been directed to amend the Table of Permitted Uses to add indoor shooting ranges. This amendment could`be accomplished by adding the use to the table and adding a "P" or an "S" in the appropriate,. zoning district column. Staff has also proposed language to be added to Article VII, Section 72 for additional restrictions imposed on special use permits for indoor Shooting Ranges. Table of Permitted Uses: B-Z I-I, I-2 AI Indoor Shooting Range S P P P Article VII, Section 72-38 Indoor Shooting Range - Indoor shooting ranges are permitted in all Industrial Districts and by Special Use permit in the B-2 district Provided that: I) Each indoor shooting facility shall be located a minimum of-1000 feet from any residentially zoned area, church, school or park. Such. measurement shall be the horizontal distance between the property line of the proposed shooting facility and the nearest residential zoning line or property line of any church, school, or park. 2) Each indoor shooting facility shall be located a minimum of 1000 feet from any existing shooting facility.. Such measurement shall be the horizontal distance between the nearest property lines'of the proposed and existing indoor shooting facility. 3) At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization. 4) The firing range shall be covered by a minimum of three hundred thousand ($300,000} dollars of accident and liability insurance. u:-~a-Ef_ -fi`~?~ du~~~~5 ~~-"~~ STA~'~' SUMMARY The proposed text amendment is the result of concerns raised about a new indoor shooting range that is being constructed in the county. The primary concern expressed was the proximity to schools and churches. Currently indoor shooting ranges fall into the category of Commercially Operated Indoor Recreation Establishment which is permitted by right in the PD, B-2, I-1, I-2, and SC ' " ` ~ ty,~special use permit in the R-20, R-I5, R-10, AR, RA, O&I, and AI zoning zonmgdist r~ict s and districts'~Based on~tlie~concerns raised about this t<fpe of use it may be necessary to distinguish this use . from other recreation~"establishments. Staff recommends the amendment described above. 20 -. NEVV HANOVER COUtVTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 Regular Item #: 4.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: SN-86, 09/01;05/01: Private Road Naming to Rustic Lane Reassignment douse Numbers Location: 2300 Oakley Road YVrightsboro Community BRIEF SUMMARY: This road naming request was heard by the Board of Commissioners in September, 2000. At that. meeting Yahweh. Lane was proposed by several of the residents who live along the road. However, there were nearby neighbors who opposed the road name. The Board "tabled" the request and suggested that the residents meet and agree on an unduplicated road name. -Since September, a unanimous agreement has not been reached in determining an unduplicated road name. To date, several residents who live along the road have continued to express concern about the lack of cooperation with other neighbors and timely emergency service delivery. Due to this dilemma, staff alohg with concerned residents are requesting that the private road be named to Rustic Lane., RECOMMENDED MOTION AND REQUESTED ACTIONS: To reduce response time in the event of emergency and the potential for future development along :~ the private road, staff recommerids that the road be named RUSTIC LANE and that the reassignment of street mailing addresses be approved. FUNDING SOURCE: n/a ATTACHMENTS: 3 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS° ACTIONS/COMMENTS: ~"~~UNTY I^~MMI~SIONI~ APPROV£C~ ~~ , . REJECTED ~} ' REn~o~~~c : ° 2 POSTFUI~r. ~,, , 1 ~LEAt<i7 -/ -.; ,~ SN-85, 09/00; OS/O1 C'I': Private Road Naming to Rustic I.,ane Reassignment Douse Numbers L®CATIGN: 2300 Block ®akley Road Wrightsboro Community History This road naming request was heard by the Board.of Commissioners in September, ,2000. At that meeting Yah`veh Lane was proposed by several of the residents who live along the raacl. However, there Fvere nearby neighbors who opposed the raad name. The Board ~•~ "tal%led" the request and suggested that the residents meet and agree on an un,duplica#ecl, road name. ._ Sinee September,'•a'unanimous agreement has not been reached in determining an and ` plicatecl road name. q'o date, several residents who live along the road have continued to e ipress concern about the lack of cooperation with other neighbors and timely . emergency service delivery. Due to dais dilemma, staff along with concerned residents are ' req `esting that the private-road be named to Rustic Lane Staff Summary ~'he,~proposed unimproved private road is recorded as a part of the Hugh IYI. Guyton Divas~on (1VIap Book 32, Page 255) and is displayed as a 60 and 30 foot access easement. Approximately tha•ee (3) residential homes exist along the road, one fronting on ®akley Road. Presently, one additional home is under construction. Rustic Lane is an unduplicated road name and has been approved by E-911. In accordaacQ with the ' ' • County's Address Grid System, street addresses will need to be adjusted if the road name is approved. ~'he County will be responsible far erecting a.street blade if approved. A proposed effective date of change is slated for September 4, 2001. Staff Recommendation ~ ._ 'I'o r,`educe response time in the event of emergency and tlae potential for future dev ~lopment along the private road, staff recommends that the road be named RL1S'I'IC LANE and that the reassignment of'street mailing addresses be approved. ~'~~ ~~, 22 Yn rj FREQUENTLY ASKED QUESTIONS CONCERNING HOUSE NU}~ER ASSIGNMENTS Question: Why should I change my address; T have had this one for years and have not encountered .difficulties with it? Answer: The County initiated a process in 1984 to eliminate rural route box numbers and to change other numbers to create a consistent street numbering 'pattern. This 'new numbering assignment is based on a comprehensive grid system. Under this system, house numbers generally increase in range as one heaves the City. Once the numbers are assigned, they-are. entered into the Emergency 911 system, which in turn uses the grid system for dispatching needed services.. Question: Why is house numbering deemed so important? Answer: Grid system numbering for houses promotes the. orderly and efficient delivery. of public services., including law enforcement, fire protection, postal deliveries and other emergency services. Also, the numbering system makes it easier. for various private deliveries, such as parcel services, .building supp lies, furniture, appliances, etc. to find their destinations truickly and easily. Question: Why is there a gap in numbers between my neighbors' home and mine? nswer: This numerical cap, .typically~:in units of four flexibilit i s designed to provide y n house number assignments. In the event ~n extra structure is added. to a lot, or a lot is subdivided,. then additional numbers are available for assignment. Without this flexibility, it is likely previously assigned numbers would have to be changed again. Obviously, that would be unduly burdensome. Also, the flexibility eliminates the need for half {1/2) numbers or lettering (A,B,C) Question: How much time do we have tb change our new address? Answer: Typically, four to five weeks is allotted. however, if more time is needed, the post office will work with the addressee. Question:-Once the new assignments have been made, will the County change it again in the future? Answer: `i're implementation of the County's grid nummberina system will eliminate the need for changes that have occurred in the past when new postal routes have been added. The system is not perfect but-does offer a why to establish a permanent house numbering system ~~ihile eliminating problem areas. Question: Once my number has been assigned, what type of identification i~ for the home and/or mailbox.? ~ r~uired Ans~~~er: It shall be the duty of _the owner or tenant of any dt~~elling to properly . display the assigned number on the dwelling and mailbox, if detached, so that may be plainly seen from the road or access easement. ~~umbers should be .minimum of three inches in size. W W N N N N N N N N N N---~-~-~ -+ ~-~ 1~ ~' -~-~ O m V Q 1 (T A W N- ~ D D 7l f n !' ~ O c D O o V O L n A W N~ 0 0 W V G7 V I A W N~ O' ~ ' 0 0 0 Z ~=.n TCn CnL ~~..) 'd O A ~ 2a2D~~r~C/)77a DL~m mmCJ G77C C~?~cx~xamrrc=o O ~3iOm NN~A~'amm-I DD ~~~=~SO~~c~i~~nmo mxxao m.~ ~u'~°o -~aacnz-a--i cn~~ -1 ~OTOa DZ==Oim mfn~Z mZL a~3Jm T~3J S1~~rmG~~ :p (DnZ 4 _ mmZ{~~~oy~.00~:O~conO~SJ~a~~`m Z-<'<~i ~i~0~ zza S S r O a c m O 0 0 a O m r p m m Z Z Z~~ m m'D ~ p~ Z~ C s'' ~~,m ac~c<~~z~OlOO~~~jz~rm°-c`T'zz==~p~. ~~` ~'~~D ~00~0~ (n cn~(n a D Zr0 D ZZm mpZV ~ ~-`-9. ?~S.m ~ 'z;zoo~o ~~ c~c~zZ~p= ~~ ~~ ~~~ ~r~OG~ AZDZ77 ~-G. mDD ayC]c7 ~' O -Dn `ni_/ - OAr Z ~Z 2 G" m~ m- 7731rr '+1 '«T O r2~ ~ni 0~ '~ ~m2 0000 r r ~ ~ ~= mmm ~ y;-m-i ZZmm D -r?? a _-.- mmm c~ m r mop a .; - ~ .. _--` I ®, o ~;. 9~ y t o ~~ ~ j ~ y --_ .. 2 4~ ~' NEW HAIVOVER COUIVI'Y ~OAR® OF COIVI11II1SSIOIVERS REQUEST FOR BOARD ACTION Meeting Date. 06/04!01 • Regular Item #: 4.5 Estimated Time: Page Number: Department: Inspections Presenter: Ann Hines Contact: Ann Hines, 341-7118 x-7251 . SUBJECT: Floodplain Ordinance Amendment BRIEF SUMMARY: FEMA is requiring that we update sections of our floodplain ordinance to address floodplain areas where the. base flood elevation has not been determined, often referred to as "unnumbered 'A' zones." The amendment reflects minimal Federal standards for participation in the National Flood Insurance Program, added after our ordinance was enacted., This amendment will have little practical effect under the current floodplain maps, as our only unnumbered "A" zone is very small (about three acres), and may be viewed as a housekeeping measure. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. FUNDING SOURCE: N/A--will not affect staffing or other needs. ATTACHMENTS: . Proposed Ordinance Amendment ~~ d ~~ 4 051601 .w REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A Recommend approval. ~/~ COMMISSIONERS' ACTIONS/COMMENTS: ~~flNTY COMMI~I®~N APPROVED p-- ~- _ REJECTED D `} REMOVED C.,~ ~ '~ ; POSTPONED d ~I:EAR1~ '~ 7 tc~ 25 AN ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, AMENDING THE FLOODPLAIN MANAGEMENT REGULATIONS OF NEW HANOVER COUNTY ADOPTED APRIL 3, 1978, AS AMENDED THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Floodplain Management Regulations of New Hanover County adopted April 3, 1978; as amended, be and the same hereby are amended as follows: A.~ Amend. Section 2(1) of Article III, Administration and Enforcement; to read as follows: Section 2(1). When base flood elevation data has not been provided in accordance with Article I, Section 3, then the Building Inspector shall obtain, review and reasonably utilize any base flood elevation-data and floodway data available from a Federal, State or other source, including data developed pursuant to Article IV, Section 4(f), in order to administer the provisions of this ordinance. B. Add the following subsection to Article IV, Section 4, Standards for Subdivision Proposals: £ If any portion of a suhdivision or other development with more than fifty lots or five acres is located in a Special Flood Hazard Area for which base flood elevation data has not been provided in the Flood Insurance Study; the developer must provide the base flood elevation data, using other sources or detailed methodologies comparable to those contained in a Flood Insurance Study. C. Add the following section to Article IV: ~ _ Section 5. Standards for Streams Without Established Base Flood Elevations and/or Floodways. Located within the areas of special flood hazard established in Article I, Section 3, are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas: ~~ ~~~~~(,ly)~iNo'~encroachments, including fill, new construction, substantial ~:: mprovements or new~development shall be permitted within a distance of ~ a.-(twenty feet each side from top of bank or five times the width of the stream, Y ~ °wlcliever is greater, unless~certification with supporting technical data by a t~ "~~reg stered professional engineer is provided demonstrating that such ;.'~ encroachments shall not result in any increase in flood levels during the -~ . occurrence of the base flood discharge. (2) If Article IV, Section 5 (1) is satisfied and base flood elevation data is available from other sources, all new constriction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Article IV and shall be elevated or flood proofed in accordance with elevations established in accordance with Article III, Section 2(1). When base flood elevation data is not available from a Federal, State or other source, the lowest floor, including basement, and all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be elevated at least two (2) feet above the highest adjacent grade. 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 inhabitants of the County of New Hanover, North Carolina; and shall. be in full force and effect from and after its adoption. Adopted this day of , 2001. . Chairman -2- 27 ~~ !-, NEVV HANOVEI~ COUNTY BOAR® OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 Regular Item #: 5 Estimated Time: Page Number: . Department: Sheriff Presenter: Sheriff J. W. Lanier, Jr. Contact: Andy Atkinson SUBJECT: , Establishment of New Firing Range, Adoption of Capital Project Ordinance BRIEF SUMMARY: With the construction of the Smith Creek Parkway, the firing range located on Division Drive must be relocated. After an exhaustive search, the best location appears to be the "Pt. Peter" site off Highway 421 North. The County purchased this site a number of years ago to-serve as a dredge . spoil site for the US Army Corps of Engineers. Discussions have been held with the Corps and they are comfortable with our using the site for the new firing range. The range site has been reviewed by the North Carolina Department of Environment and Natural .Resources, the Corps of Engineers, and the County Health Department. There are no objections from any of these organizations. Also, the Board of Commissioners approved the special use . permit at your meeting of May 21, 2001. The initial cost for establishing the firing range is $163,330. The Long range plan is to add a building of approximately 11,600 square feet. This will not be needed in the immediate future. We will continue to use the building located at the old range site for storage of ammunition and A Capital. Project Ordinance is necessary to establish the budget for the project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of Capital Project Ordinance and request approval of associated Budget Amendment #2001.48 for construction of the new firing range. fUNDLNG SOURCE: General Fund ($136,550) from the sale of land to DOT, these funds have not been budgeted, and Federal Forfeited funds ($26,780). Federal Forfeited Funds are being used to cover the cost of the target system. General Fund/funds are from the sale of land. ATTACHMENTS: Capital Prcject Ordinance (BA #2 BA #200148. REVIEYVED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A ~~:~ ~~.~~`,E.. ~~~ ,,~ a COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ Recommend approva:~~r ,~~ ~;_' ~~ ~°OMMISSi® `~ i ' i APPROVED ~ Y ~,`, , COMMISSIONERS' ACTION'S/COMMENTS: REJECTED [a ~" 29 REMOVED ~ r POSTPONED ~ '`~ j FKEARi7 ~ ~ ~ '; `G ems(-ab (~s h, ua.e.~/ _.~ . park-.`c~~ ~ .i-o sL~Jne~r'~ , MQ,i -~-L1ui ,. r~ ue~ n 1 1 classroom instruction. NEW HANOVER ~COUIVTY BOAR® OE COMMISSIONERS REQUEST FOR BOARD ACT90N 9Vleeting Date: 06/04!01 Budget Amendment , . . DEPARTMENT: General Fund/Federal Forfeited Property/Firing Range BUDGET AMENDMENT #c #2001-48 ADJUSTMENT DEBIT CREDIT Firs ~ g Range: Transfer in from General Fund $136,550 Tra'~ sfer in from Federal Forfeited Property ,~ $26,780 Capital Project Expense ~ $163,330 General:Fund: ~ , Sale of Fixed Assets $136,550 Transfer to Other Funds (Firing Range} $136,550 Federal Forfeited Property: , Ca ~ital Project Expense $26,780 .Transfer to Capital Projects (Firing Range) $26,780 EXPLANATION: To set up budgets according to Capital Project Ordina"~e. The sale of fixed ass ~ is is for 6.38 acres purchased by the State from the Count~'"~~ ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners ~!UNTY CCJE~MI 1Q~1_ .~ APPROVED a~~ , , REJECTED ~~~~ '~ ~``~~,"t~EMOVED ~cd~~ r ~ pOSTPONED~~ 3 ~ ~}~AR1, `~~,~, ~~ ~ °~ - ~~~~ PROJECT ORDINANCE SHERIFF'S DEPARTMENT FIRING RANGE CAPITAL PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the Construction of a Firing Range, which capital project involves the construction and/or acquisition of capita! assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina Geheral 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.. $159-1,3.2. 2. ,The project undertaken pursuant to this ordinance is the Construction of a Firing Range Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Sale of Fixed Assets $.136,550 Transfer from Federal Forfeited Property 26 780 Total 163 330 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $163,330 . Total $163.330 ~ 31. 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New .Hanover County. Within five days hereof, copies of this ordinance f .. shall be filed with the finance and bud et offices in New Hanover Count and with the I 9 Y Clerk'to the Board of Corrmmissioners of New Hanover County: - ' Adopted this day of ~ , 2001. ' ~. Clerk to the Board ' 'Ted Davis, Jr.,~ Chairman - 'Board of County Commissioners 32 ,`) W, TgLMAC,E JONES ^AVI~ A. NASH WILLIAM O, J, LYNCH JAMES H, SNOW, 111 WAYNE A. BUIL,gfiD STACEY L. F'ULLEIZ l..~J ROGUE, HILL, ..JONES, HASH & 1..YNCH, L.L.P. AT'C'ORNEYS AT LAW 101 SOUTH YFiIRO STREi=r WILMINGTON, NC a^.8A01 October 7 0, 2000 OF COUNSEL CYRtJS a, HOCUE, JR. wILUAM L, HILL, u MAILING At70fi>;~ P. O. D~wER 2175 WILMINGTON, NC 2$~tOa TELEPHONE 910-769.565 FACSIMtLt; 9t0-752-6887 Kemp Burpe~u, Esq. Assistant County Attorney New Hanover County 320 Chestnut Street Wilmington, NC 28401 Dear Kemp:: Concerning the fi.38 acres owned by the County and described on the attached "~~ummary Statement/Offer to Purchase Real Property" from the State of North G~roiina, this will confirm that we have agreed on allocation of the X330,400 total purchase price as .follows; 1. To my.client, X193,$50,00. 2. To New Hanover Gounty,'~136,550.00. The Department of Transportation has requested that we provide a letter cclnfirming accefatance of the offer. Attached is a draft which, ir' satisfactory to you, I will exkecute and forward to you far signature and delivery to DQT. 1%Ilith best regards, 1 am cc:~ Mr. John Philips WflJUvms , 3'~wOJI FhiUpsJohrrllEurpEaq•Rr WD4 Very truly yours, ,..~~ /~ William {~, J. Lynch • 33 New Hanover County Sheriff's ®ffice Joseph i/~. Lamer, Jr., Sheriff 20 North 4t'' Street ~. Wilmington, N.C. 28401-4591 hone: (910) .341-4200 Fax: (910) 341-4039 May 18, 2001 To; New Hanover County Board of Commissioners •, From: Sheriff Sonny Lanier Sub~'ect: Pro osed Firing Ran e J p b g I understand there has been concerns voiced regarding the need to proceed witli developing the firearms range facility as requested on the May 21, 2001 agenda. • A eat deal of research into various o bons has resulted in what I believe to be the most cost g~ p \ / 3 effective solution for present and future needs. A= I regret I am unable to appear before the Board in person, but offer this letter recommending the plan submitted and regLiesting your approval of the project. , Sheriff's Range Points to consider May 1B, 2001 • By establishing the range at the Pt. Peter site we were able to remove the indoor .pistol range from the construction of the new jail facility. The cost for the indoor pistol range was. estimated at $250,000. • Pt. Peter property is owned by the County. If the facility is built at the Bug) Tail.. site the same construction cost would be involved. • 2,60 staff must be qualified twice a year, day and night. 520 round trips f®r basic qualifications. Specialized units (Emergency Response Teom, Snipers, canine units) train twice a month. • This would take 10 - 20 officers out of the county for extended periods of time. • The mileage for the vehicles would increase by over 40,000 miles, leading to more - wear and tear on sheriff's vehicles. ° Meals may have to be paid for by the County if we locate the range at Bull Tail. • Advanced firearms training can be held. at the Pt. Peter site as opposed to sending them to Salemburg, Kinston, Camp Lejuene, or Fort Bragg. Due to the size of the current range, this training cannot be accomplished there. • Pender County uses a Department of Corrections facility that is located in Burgaw. • City facility is a small facility. If consolidation occurs a larger range would be needed. The Pt. Peter site is adequate for the additional personnel requires that would occur as a result of consolidation. • .Many other agencies use Sheriff's Range: UNCW New Hanover Regional Medical Center ° Wilmington International Airport ° Towns of Wrightsville Beach, Kure Beach, Carolina Beach • Cape Fear"Community College • North West Community and Navassa • Alcohol Tobacco and Firearms • Drug Enforcement Administration • Coast Guard • Navy Reserve unit • National Guard • Safety courses for the public are held approximately three (3) times per year. • Adopt range operation manual that is the standard with the notional shooting sports foundation facilities division. • .Construction of the site. will be in accordance with the latest environmental aspects for construction and operation of n range. _ Lead will be recaptured. ~ 35 Ne~v H~.zaaver ~aL1I~i~' 5~~~-i~'i's ~ifi~~ Joseph W: Lanier, Jr. Sheriff Wilmington, North Carolina 23401-4691 .Phone {910) 341-4200 Fax (910) 341-4039 1_~il~l'~ TO: FRO SUB ~~ - ~ , Ol~~~l~~ Sh°riff J. tiv . Lanier,' Jr. ~I: Deputy W. Lee Oarris, 7r. ECT: Hiring Range Update DATiE: April 23, 2001 ~j We have`receivzd a letter. from tilr. Daniel Smali, ,Navigation Project i~ianager, US Corp Of Engineers about the 44 acre parcel of lard located on.~Hwy 421 ~'. It is ovvhed by the county and vas bought with the help of the LTS Corp, ot; Engineers for use as a spoil deposit area for dred~?e material from the river.. We have discussed that if the Corp: uses the land in the future, that it vvi!11 probably not irr~pact anything that.tive have developed for the range. His letter states that our ilising it as a range would probably not conflict~with any future need by the Corp of Engineers. His better is attached. The site has been checked by the Nortr~ Carolina Dept.ofEnvironment and Natciral Resources for wetlands and they found no ti~~°etlarids. A letter from P ~clc Shiver, Regional Sup~~ rvisor of tiVater Quality for the North Carolina Department of Environment and Natural Resources, is attached. The land evaluation from the New Hanover County. Health Department for a well and septic permit has been completed: ~~~ outdoor firing range rzquires a special use per ~n~it. The updated application has been turned in: It will go before the Planning Board on 1_Vlay 3, 2©01 for review and then be forwarded for approval to the County Commissioners June 4, 2001 for final approval. A revised budget will be forwarded to Assistant Countyi~/Sanager for presentation to the County Commissioners for their approval. The proposed budget cost for the range is attached. We met with John Anderson and G~ eg Smith with the North Carolina DOT . They have given us the OK to use our existing range until August l ~, 2001 due to our progress an getting the new range open. We have received a reply to our request to the NC National C7uard for help in constructing the range- LT. NIc~Vlahan will inspect the site in i~ilay to see if they willjbe able.to help; ~ , . cc: 3 6 witl Colonel Smith Major Causey Captain Parker LT. iYlcCarth j ~ attachments !1 :; • Netiv Hanover County ~h~~~.ii 's C~~~~~~ Joseph W. Lanier, Jr. Sheriff ~Tilznington, North Carolina 28401-4691 Phone (910) 341-4200 Fax (910) 341=4039 ?~~~~1J~?~i~LTIb1 T~: Sheriff J. W. Lanier, Jr. FROivI: Deputy ~~I. Lee Garris, Jr. SUBJECT: firing Range Budget Proposal .DATE: April 23, 2001 This proposal of cost is based on the best information available; at this time, The phases of construction will be grouped 1) Land Clearing- T?^,is phase will consist of clearing about 20 acres of land. This will enable. County Engineering to do the topo map needed for State and Local permits. We tivill also transport any trash, debris; tires to the landf 1J for disposal: Wood debris tivill be burned on sale. 2) Grading-This phase will consist of grading the I~-9 area, prepare the pistol area for building the berms, and, prepare any road and parking areas. Any excess dirt generated will be used on berm construction. 3) Berm construction- This phase will consist of hauling in the dirt needed for const~ action . of the berms, building the berms, and final grading. A well and septic system for the rest rooms will be installed. The rest rooms will be constnacted. The sniper tower wi11 be constnacted. 4) Installation of target system.- This phase will consist of placing the target system on site and ar~y wiring, walkways, ar plumbing that is required. Lights for the range will be instaLied at this time. ~) Range ar_d training building- This phase will consist of building the range and training .building ,installation of security systems and fencing. 5) Landscaping- This phase will consist of the planting of trees and shrubs to rr~eet code requirements. ~ 37 cc: Colonel Smith '~; Major Causey Captain Parker ' LT. McCarthy with ~:ttachm~ents 3~ h ,, f\ ~ra~ased ~rad~et far Rangy 1. Clearing of land We need to clear cr 20 acres of trees and debris. Some of the trees have been knocked down by hurricanes and will need to be cut by hand and removed. a. Chipper $1 ~ 0/hr . b. Posi trac bush hog $125/hr c. Trac-hoe w/jaws $I25/hr d, Manual laborer $21/hr e. Man with chain saw X40/hr TotaUhr $462; hr About 60 hrs will be needed in this phase. ` Total estimated cost = 60hrx $462/hr= $27,720 „/" 2. Grading- a. Dumo irucl~ $45/hr . b. Front end loader $65ihr c. BuIldozer S70/hr d. Trac-hoe $30/hr Total/hr $260/hr About 4G hrs will be needed in this phase. Total estimated cost =40 hr x $260/i11= $10,=? 00 3. Berms a. Hot house 148.1 cubic yds b. Combat range 1111 cubic yds c. I~Iain pistol 4426 cubic yds d. Email pistol 2'071 cubic yds e. Rifle 74 cubic yds r Roadside side 2222 cubic yds Total yds dirt 11,385 cubic yds Dirt for the berms maybe available from 2 or 3 sources for free but ~~e will have to pay for the transportation cost by truck. This is estimated to be @ $5.00/ cubic yard. Total cost to transport dirt 11,385 cubic yds x $5.00/cubic yd = $56,925 / • ,The well and septic tank and field. will be installed during this phase. ' a. Well -4" submersible 40-50 ft deep with filter system $3,000 '~ 39 f'4~ Page 2 h: Septic tank and field for @ 600gallons/day 52,500 '/ The bathrooms will be patterned after bathrooms used at county parks i. Bathrooms The estimated cost is ~ X15,000 A Sniper tower will be built during this phase.. T'nis will be a 20 ft.high tower and will also be use by the I~-9 Unit for observation during dog training. j. Sniper tower- The estimated cost is $2,000 ~. Installations of target systems for pistol range. They system that vve feel best suits our need is a system b-y Biaclcwater Target Systems. This is a 20 position system with pop-up targets, turning targets, moving targets, and static metal targets. . a. Blackwater targets system- The estimated cost is 526,70 Lights will be installed on 20ft poles. Four will be needed. b. Lights- The estimated cost is @5300/pole ~ 4= $1200 ~/ 1tilc targets will be needed for the sniper range. ,t c. The estimated cost is ~52995/Lmit x 2 = $5990 J Range and training building Nlan building is 145 ft x 80 ft. This would be ~. metal building on a slab unfinished on the inside. This is equal to 11,600 sq. ft. a. The estimates cost is ~~$12/sq ft.;c;11,bOQ- $139,200 b. To finish the inside is @58/sq ft. Y 11,600= $92,800 Security would consist of cameras and an alarm 's_yst~m for the' building. c. Estimated.cost of security systems $5,000 , Fending along the property would be loft high chain link with barbed wire on the top. 1000 ft would be needed along the access road. d. Estimated cost $10/linear ft x 1000ft. _ $10,000 ,. ~~ Page 3 Internal fencing would be Oft high chain link fence. About 1800ft would be needed for the K-9 area and sniper area. e. Estimated cost @ $b/linear ft. x 1800 = X10,800 The parking lot an access road would be paved with asphalt I2. The parking lot is 300 ft x b0 ft.= 1~,OOO s~. ft. f. Estimated cost @1.50/sq ft x18,000= ~~.;Fi`~t~ /Z , ~ fJ° ~t ~~ 6. Landscaping The total cost is unknown at this time. We maybe able to rise existing trees for landscaping credit but we will need to do the clearing phase first to see if tive have any trees that tivi11 count toward the credits The above cost are only estimates. TOTAL ESTIiVL~TED COST FOR TILE RA~,`GE PROJECT. 5436,E 15.00 _, ~,_ ~ i 3 ..~ . - ,~ . `J 1. _. ~ r r, r- ry ~ (1 . Lr . rn r~ ~, r'l 1 ..:~ ., ,, ....~1 " .'.~ t _ J '/ ~ ~ / ;; _. __ :t t} ~° j p. i1 }~ li iI ~t ~' :-~ . t ~ 9 ~ c 1L i/,~ _/ -- IV __ d m ~ ~:.~7. a~,rC1Y! t °vLl['!.I-~,.J Vl ~d'evtaa~n...a+.v VViLi~1i~G~'~~ i~9~'T'i~l~ ~ Action id.: 200 i00E17 County: New Hanover Quad: Wilmington I~1O DEPARTME~tT OF THE AP,~r1Y AUTHOR1ZATiON 'REQUIRED •~ . Properly Owner: New Hanover County Sheriff's Of lce Attn: Lee Garris Address: 20 North 4``' Street Wilmington, North Carolina 28401-4591 Telephone: (910) 341-4200 UT~Jt; North: 3793250 East: 227480 Zone: 18 Si;t.e and Location of project (waterbody, road name/number, #owr3, etc.): Approximately 44.1 acres located on the west side of Hwy 133 / 421, approximately 0.25 mile south of the Elizabeth Holmes Bridge, adjacent to the Cape Fear River, west of NJilm,ington, (~Iew Hanover County, Nor<h Carolina. Description of Activity: The applicant ~nrould like to construct berms to act as barriers on the firing range znd cement pad kennels for the K-9 unit. (`lo activities will be undertaken on the north side of the property where the wek{and boundary status is questicnab(e. Your work as described above does not requirE Department of the Army authorization for the following reason(s):. X There are no jurisdictional waters or ~~ietlands ~rJithin the boundaries of the project as described above, however t'r~ere are jurisdictional wetlands located on the east side of the lot adjacent to the Atlantic Intracoastal V~iatenvay that will not be disturbed ~r~ithout a permit. This determination is effective for fve years from the date of this document. The proposed project does not have a regulated impact on jurisdictional waters cr wetlands. The proposed ,project is exempt from Department of the Army regulations. (Specify) y Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any nely work in jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps cf Engineers prior • to commencement. Please contact the P.egulatcry Official specified below. For any activity within the twenty coastal counties, before beginning tivork, you must contact the N.C. Division of Coastal tvlanagement at telephone (919) 733-2293 to discuss any required State permit authorization. This Department of the Army determination does not relieve the property ov/ner of the responsibility to obtain any other required Federal, State, or local approvals/permifs. , ®ate: April 19, 2001 Cor s Re uiator Officia9: Annie Pennock ~\V~ i elephone: X910) 251-4511 _r p g y SURVEY PLATS,'F{ELD SKETCH, V~/E T LAND DELINEATfON FORrAS, P.r~OJECT PLANS, E-!"C., MUST BE .. A`(-I"ACHED.TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. „, ;~__ ~, ; ..:. SAW FGr~ 654 Febn:ary 1399 ,' .. .. ~ .: .. .. . ~ ..- . _ .~ ., . :. ~~ ,..•4 ~.. a. ' ~ / ~, A ®~PAftTh~E~lT O~ T~~ ~A~Y ~o. cox i aso ~\ ~ ; . ~ wllLAdiNGTON,~NORTHCAaOLIi\IA28402-18Go April 10;~ 2001 IN flE?lY P.Er E? TO Project Management Branch , Deputy ~ti. Lee Gams, Jr. Netiv JIanover County Sherifr's Office 2d North 4th Street E Wilrunaton. North Carolina 28401-491 Dear Deputtj Garri`s: Please reference your Leiter dated Iviarch 20, 2001, in which you requested permission by the N`ew Hano~~er County SheriffDepatment to construct a pistol range on tine Point Peter Disp sal-Area located adjacent to US Highway 421, in Netiv Hanover County, North Carolina. As stated in your letter, this 44.10-acre site is owned by New Hanover County and zvas acquired for a dredged material dispos ~ site for the Cape 1~'ear River Project. flur review of your plans for the pistol range indicates that it will not be a permanent facility since movement of the range is possible. Therefore, use of the site for this purpose should not irate ere with the use of the side as a dredged material disposai,,area. However, it is understood that sriould the need arise, for any future placement of dredged material at thss site; tive will require that structures, be removed and/or relocated. AlI costs associated with the removal and/or relocation of any structures ~;vill'be at the County's expense. Vve are for-~va_rding a copy of this letter to the Necv Hanover County Board of. Com~r~i.ssioners. As the property owner, they tivill have to give you pe.~ission to rise the site in light of our position. ~Ve must caution the County that as the o~vvner of the property they ~,vill also bCe responsible for the cost of any cleanup of hazardous material or environmental contaminants should such materials be discovered on the land as a result of the use of the site as a firing range. You can contact me at (910) 251-470 if you have any questions regarding the. above Sincerely, ~-'~- - ~: Daniel-Small :. .. ... ... - r ::. ~ ~ - ~ ~ ..Navigation ~'ro~ect Manager ,~iaLe U4 l~tu, ~;, ~,~s~-u~1na ~epari4i42rxi Of ~' 3'1v3roI~~31°~1t and 1~atnral ~eso~rces Wilmington Regional Gfface IYlichaei i". Easley, Governor ~~illiam G.1Zoss Jr:, Secretary Derr T. Stevens, Director April 9, 20fl1 Mr. Lee Garris New Hariover County Sheriff's Department 20 North 4~' St. Wilmington, Noah Carolina 25401. Subject: 401. Wetland Certification Point Peter's Site Pistoi and Training Area New Hanover. County Dear ~Lr. Garris- This letter is to advise ycu that NIs. Joanne Steenhuis, our wetland specialist with the Wilmington Regional Office, has visited the Point Peter's site, and she has determined that no 401 Water Quality Certification is required for LL4G' proposed development of it as a Pistol and Training area. If you have any questions, please do not hesitate to call me. (910) X95-3900. e cc: Wilmington Regional Office Sincerely, y ~ ~~ Rielc Shiver, Water Quality Regional Supervisor ~~ ~7'his pale intentionally left blank} 4~6 fl ,') NEW ~IANOVER COUNTY BOAR® OF COIVI(VIISSIONERS REQUEST FOR BOAR® ACT109V Meeting ®ate: 06/04/01 • Regular Item #: 6 Estimated Time: Page Number: - .Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Consideration of Award of Bids for Jai6 Project, Consideration of Continuation of Contract for Jail Expediter, and Consideration of Associated Matters BRIEF SUMMARY: On May 16, 2001, New Hanover County received bids for the primary construction package of the New Hanover County Jail Facility. The single prime bid of J. M. Thompson in the amount of $26,594,000 was the successful low bid for the project. As directed by the County Commissioners during their May 21, 2001 meeting, County staff has been negotiating with J. M. Thompson in order to reduce the contract value. At the time this agenda item was prepared, those negotiations were still in progress. Documentation detailing the results of the negotiations .will. be presented to you under separate cover. Due to-the award of the bid to a single prime contractor, the Board needs to determine the continued role and responsibilities of a project expediter. RECOMMENDED MOTION AND REQUESTED ACTIONS: Please review documentation to be presented. A formal recommendation from staff will be made during the presentation to the Commissioners. • FUNDING SOURCE: 361-431-3660-7300.6000 ATTACHMENTS: ,~ REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider award of bid. The final bid amo~r~t~.wala be available prior to Monday's meeting. ,~ ~ Determine role of project expediter. '`4 ~J~ _' COMMISSIONERS' ACTIONS/COMMENTS: . ~~trvnr ~o~Mr~stQ APPROVED ~ REJECTED p REMOVED p POSTPONED n ~ ,~ ~EARFJ ~ 7 Y ~~ "`~ C~oSClry~, Q.~~ uJ~n~, l I~er.~«..D2~ 05 , '~Na, r~'1 ~ eFM~-r"ct.~y ~r~ ~OnSrf ~,„-. r~{- ~s, ~; ~~7'his pale intentionally left blank} ,. J ~; ~~~~P ~: ~~v ~ .~ ~ , `.~ .~ ,. {. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 Additional Item.#: 1 Estimated Time: Page Number: Department: Finance Presenter: Bruce Shell i Contact: Bruce Shell, Wanda Copley n REJECTED ^ REMOVED C~ o ' POSTPONED t'J l ~•i:EARi) [~ Y ~;, .~,- ..__6.l~JQr__~ ~, SUBJECT: Approval of Sale of General Obligation School Bonds BRIEF SUMMARY: On November 4, 1997, the citizens of New Hanover County approved a $125 million School General Obligation Bond Issue. New Hanover County has previously sold $69 million of these bonds with $56 million remaining outstanding. The Local Government Commission has scheduled the sale of $42 million for June 19, 2001. The remaining $14 million is planned for sale in March of 2002. The New Hanover County Board of County Commissioners is asked to authorize the sale ($42 million) of these bonds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve sale. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S 0 ENTS AND RECOMMENDATIONS: Recommend approval. ~ COMMISSIONERS' ACTIONS/COMMENTS: ~iIN1Y COMMISS ~ APPROVED ~_ ~ . 1 f p:y ~ ~ 3'~ .y ~~ STATE OF NORTH CAROLINA ) ss.: COUNTY OF NEW HANOVER ) I, Lucie F. Harrell, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, 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 4, 2001, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have. been duly recorded in the Minute Book kept by me 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 _ day of June, 2001. (SEAL) Clerk, Board of Commissioners NYC 379382.1 5691000604 5/16/2001 4:02:07 PM r (`l ® EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS presented the following resolution and moved that it be adopted: NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 1 ~_ ~~r ~, ® WHEREAS, the bond order hereinafter described has been adopted, and it is desirable to make provision for the issuance of bonds authorized by said bond order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: 1. Pursuant to and in accordance with the bond order adopted by the Board of Commissioners on September 2, 1997, the Issuer shall issue its bonds of the aggregate principal amount of $42,000,000 (the "Bonds"). The Bonds shall be designated "School Bonds, Series 2001." The period of usefulness of the capital projects to be financed by the issuance of the Bonds is a period of forty years, computed from June 1, 2001. 2. The Bonds shall be dated June 1, 2001 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest .shall be payable on December 1, 2001 and semi-annually thereafter on June 1 and December 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on June 1, as follows: Year Principal Amount Year Principal Amount 2003 $2,000,000 2012 $2,000,000 2004 2,000,000 2013 2,000,000 2005 2,000,000 2014 2,000,000 2006 2,000,000 2015 2,000,000 2007 2,000,000 2016 2,000,000 2008 2,000,000 2017 2,000,000 2009 2,000,000 2018 2,000,000 2010 2,000,000 2019. 2,000,000 2011 2,000,000 2020 5,450,000 2021 2,550;000 Debt service will be payable to the owners of the Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding a debt service payment date. 3. The Bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The book entry system will evidence ownership of the Bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership effected on the records of DTC, and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable at the times stated in the preceding paragraph, and principal of the Bonds will be paid annually on June 1, as set forth in ® the foregoing maturity schedule, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 2 !\~ DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to identify another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates. Each Bond, shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date, or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid. The principal of and the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. . 4.. The Bonds shall bear the manual or facsimile signatures of the Chairman and the Clerk of the Board of Commissioners of the Issuer and the official seal or a facsimile of the official seal of the Issuer shall be impressed or imprinted, as the case may be, on the Bonds. The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear-the manual or facsimile signature of the Secretary of said Commission or of a representative designated by said Secretary and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter. In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such bond although at the date of such Bond such persons may not have been such officers. No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. 5. The Bonds and the endorsements thereon shall be in substantially the following form: • NYC 379382.156910 00604 5/16/2001 4:02:07 PM C. t 7 ~,- i NO. R- $ United States of America State of North Carolina COUNTY OF NEW HANOVER SCHOOL BOND, SERIES 2001 INTEREST MATURITY DATE OF CUSIP RATE DATE ORIGINAL ISSUE June 1, June 1, 2001 REGISTERED OWNER; CEDE & CO. PRINCIPAL SUM: DOLLARS The County of New Hanover (hereinafter referred to as "County"), a county of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on the date specified above, upon surrender hereof, at the office of the Finance Director of the County, 3.20 Chestnut Street, Wilmington, North Carolina 28401 (the "Bond Registrar"), the principal sum shown above and to pay to the registered owner hereof, by check mailed to the registered owner at his address as it appears on the bond registration books of the County, interest on such principal sum from the date of this bond or from the June 1 or December 1 next preceding. the date of authentication to which interest shall have been paid; unless such date of authentication is a June 1 or December=1 to which interest shall have been paid, in which case from such date, such interest to the maturity hereof being payable on December 1, 2001 and semi-annually thereafter on June 1 and December 1 of each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the fifteenth day of the calendar month (whether or .not a business day) next preceding such interest payment date. Both the principal of and the interest on this bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on. the respective dates of payment thereof. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended, a bond order adopted by the Board of Commissioners of the County on September 2, 1997 (the "Bond Order") and a resolution NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 4 `.. t {v,. .i. _ . adopted by said Board of Commissioners (the "Resolution") to provide funds to pay capital costs of improving County school facilities. The bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by-DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bonds maturing on and after June 1, 2012 shall be subject to redemption prior to their stated maturities at the option of the County on or after June 1, 2011, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the bonds of any maturity are ® called for redemption, the bonds to be redeemed shall be selected in such manner as the County shall determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number of bonds which is obtained by dividing the principal amount of such bond by $5,000. For so long as a book-entry system with DTC is used for determining beneficial ownership of the bonds, if less than all of the bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the bonds within a maturity are to be redeemed. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in~the inverse order of their maturities. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. On the date fixed for redemption, notice having been given as aforesaid, the bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided for the redemption of such bonds or portions thereof on such date. If a portion of this bond shall be called for redemption, a new bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof. The Bond Registrar shall keep at his office the books of said County for the registration of transfer of bonds. The transfer of this bond may be registered only upon such books upon the ® surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM ® satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this bond, of the same maturity and bearing interest at the .same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of bonds of the same maturity, of any authorized denomination or denominations and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption in whole or in part. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the resolution mentioned herein until this bond shall have been endorsed by the authorized representative of the Local Government Commission of North Carolina and authenticated by the execution by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond [to be manually signed by] [to bear the facsimile signatures ofJ the Chairman and the Clerk of the Board of Commissioners of the County and [a facsimile ofJ its official seal to be [imprinted] [impressed] hereon, and this bond to be dated June 1, 2001. Chairman, Board of Commissioners (SEAL) Clerk, Board of Commissioners NYC 379382.1 56910 00604 5/16/2001 4:02:07 Plvf 6 ,. ._ ~; CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act of North Carolina. Secretary, Local Government Commission CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue designated herein and issued under the provisions of the within-mentioned bond order and resolution. COUNTY OF NEW HANOVER Finance Director, as Bond Registrar By Authorized Signatory Date of Authentication: NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 7 f~ ASSIGNMENT . .FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and irrevocably appoints ,attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever. Signature Guaranteed: NOTICE: Signature must be guaranteed by an institution that is a participant in the Securities Agent Medallion Program ® (STAMP) or similar program. NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 8 J 6. The Bonds maturing on and after June 1, .2012 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 2011, in whole at any - time or in part on any interest payment date, at a redemption price equal to the principal amount of each Bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each - Bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each Bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the Bonds of any maturity are called ,for redemption, the Bonds to be redeemed shall be selected in such manner as the Issuer shall determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, the hereinafter designated Bond Registrar shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bonds by $5,000. For so long as a DTC book-entry system is used for determining beneficial ownership of the Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. If less than all of the Bonds of different maturities are called for redemption, the Bonds to be redeemed shall be called in the inverse order of their maturities. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee.. Each such notice shall identify the Bonds or portions thereof to be redeemed by reference to their ® numbers and shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall state also that on or after the redemption date, upon surrender of such Bond, 'a new Bond or Bonds in principal amount equal to the unredeemed portion of such bond will be issued. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the principal of and the redemption premium, if any, on the Bonds or portions thereof called for redemption as well as the interest accruing thereon to the redemption date thereof. On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption and the redemption premium, if any, on such principal amount, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 9 ~; 1.i 7. Bonds, upon surrender thereof at the office of the Bond Registrar together with an ® assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged 'for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. The transfer of any Bond may be registered only upon the registration books of the Issuer upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond so surrendered, of the same maturity and bearing interest at the same rate. In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Bond Registrar. The Issuer or the Bond Registrar may make a charge for shipping and out-of-pocket costs for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such'exchange or registration of transfer, ® but no other charge shall be made for exchanging or registering the transfer of Bonds under this resolution. The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to this Section. As to any Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his. legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. The Issuer shall appoint such registrars, transfer agents, depositaries or other agents and make such other arrangements as may be necessary for the registration, registration of transfer and exchange of Bonds and for the timely payment of principal, interest and any redemption premium with respect to the Bonds. The Finance Director of the Issuer is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of the governing body of the Issuer to appoint another Bond Registrar, and as such shall keep at his office at 320 Chestnut Street, Wilmington, North Carolina 28401, the ® books of the Issuer for the registration, registration of transfer, exchange and payment of the - Bonds as provided in this resolution. NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 10 8. The Local Government Commission of North Carolina is hereby requested to sell the Bonds and to state in the Notice of Sale of the Bonds that bidders may name one rate of interest for part of the Bonds and another rate or rates for the balance of the Bonds. The Bonds shall bear interest at such rate or rates as may be named in the proposal to purchase said Bonds which shall be accepted by said Local Government Commission, provided that the net interest cost to the Issuer .shall not exceed 5.75%. 9. The Chairman and the Clerk of the Board of Commissioners and the Finance Director of the Issuer are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the Bonds and have the Bonds endorsed and authenticated as provided herein and to deliver the Bonds to the purchaser or purchasers to whom they may be sold by said Local Government Commission. 10. The Official Statement dated on or about June 8, 2001 setting forth financial and statistical data in connection with the offering of the Bonds (the "Official Statement") is hereby approved. In connection with this approval, ,the Board of Commissioners of the Issuer has examined copies of the Official Statement and has, to the extent and in the manner it has deemed .necessary, discussed the contents thereof with officers of the administration of the Issuer. The Board of Commissioners of the Issuer does hereby recite that, upon its examination and discussions, nothing has come to its attention which would lead it to believe that said Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Chairman of the Board of Commissioners, the County Manager, and the Finance Director of the Issuer are each hereby authorized to approve changes in such Official .Statement and to execute such Official Statement for and on behalf of the Issuer. 11. The Issuer covenants to do and perform all acts and things permitted by law necessary to assure that interest paid on the Bonds be and remain excluded from gross income of the owners thereof for federal income tax purposes. 12. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide: (a) by not later than seven months from the end of each fiscal year of the Issuer, to each nationally recognized municipal securities information repository ("NRMSIR") and to the state information depository for the State of North Carolina ("SID"), if any, audited financial statements of the Issuer.for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or, if such audited financial statements of the Issuer are not available by seven months from the end of such fiscal year,' unaudited financial statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be delivered within 15 days after such audited financial statements become available for distribution; NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 11 .l ~; (b) by not later than seven months from the end of each fiscal year of the Issuer, to ® each NRMSIR, and to the SID, if any, (i) the financial .and statistical data as of a date not earlier than the end of such fiscal year for the type of information included under the heading "The County -Debt Information and - Tax Information" in the Official Statement relating to the .Bonds (excluding any information or overlapping and underlying units) and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the audited financial statements referred to in {a) above; (c) in a timely manner, to each NRMSIR or to the MunicipaY Securities Rulemaking Board ("MSRB"), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5} substitution of credit or liquidity providers, ortheir failure to perform; {6) adverse tax opinions or events affecting the tax-exempt .status of the Bonds; (7) modification to the rights of securities holders; (8) bond calls; (9) defeasances; (10) release, substitution or sale of property securing repayment of the Bonds (11) rating changes; and (d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified. If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds. NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 12 ~~ ® The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that any such ~- modification will be done in a manner consistent with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as it may be amended from time to time ("Rule 15c2-12"), and provided further that: (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer; (b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and (c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this resolution, as it may be amended from time to time, at the time of the amendment. Any annual financial information containing modified operating data or financial - information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section 12 shall terminate upon payment, or provisions having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds. 13. The blanket Letter of Representations between the Issuer and DTC is hereby reconfirmed. - 14. The Chairman .and the Clerk of the Board of Commissioners, the County Manager, the Finance Director .and the other officers of the Issuer are hereby authorized and directed to execute and deliver for and on behalf of the .Issuer any and all financing statements; certificates, documents or other papers and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized. 15. The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the Bonds is hereby delegated to the Chairman of the Board of Commissioners and the Finance Director of the Issuer. NYC 379382.1.56910 00604 5/16/2001 4:02:07 PM 13 The motion having been duly seconded, and the resolution having been considered, it was ® adopted by the following vote: AYES: NAYS: . ®. • NYC 379382.1 56910 00604 5/16/2001 4:02:07 PM 14 . .! ~ t .y NEW HANOVER COUNTY BOARD OF COMMISSI®NERS • REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 - Additional- Item #: 1 Estimated Time: Page Number: Department: `.Finance Presenter: Bruce Shell Contact: Bruce Shell, Wanda Copley SUBJECT: Approval of Sale of General Obligation School Bonds BRIEF SUMMARY: On November 4, 1997, the citizens of New Hanover County approved a $125 million School General Obligation Bond Issue. New Hanover County has previously sold $69 mil-lion of these bonds with $56 million remaining outstanding. The Local Government Corrimission has scheduled ` the sale of $42 million for June 19; 2001. The remaining $14 million is planned for sale in March of 2002. The New Hanover County Board of County Commissioners is asked to authorize the sale ($42 million) of these"bonds. - RECOMMENDED MOTION AND REQUESTED ACTIONS: • 'Approve sale. FUNDING SOURCE: ATTACHMENTS: ~ . _ REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S Cs ENTS AND RECOMMENDATIONS: Recommend approval. ~ COMMISSIONERS' ACTIONS/COMMENTS: • ~©UN1Y COMMI~I©NF APPROVED ®' REJECTED p REP~iOVED ^ POSTPONED. ^ HEARD ~-~~~ ~/y/nr E'~ . ;.;F;'r"'' NEW HANOVER COUNTY BOARD OF.COMMLSSIONERS - REQUEST FOR BOARb ACTION Meeting Date: ®6/04/01 Additional Item #: 2 Estimated Time: Pa e Number: g ..Department: Engineering Presenter: Miller Building Contact: Greg Thompson SUBJECT: - New Hanover County Jaif Facility Award of Contracf #01-0275 . BRIEF. SUMMARY: On May lb, 2001, New Hanover County received bids for the main building package for the New Hanover County Jail Facility. At the May 21, 2001 Commissioners meeting, County staff was instructed to negotiate with the low bidders. J. M. Thompson, in an effort to identify potential savings and to lower the amount of $26,549,000. County staff, the project architect, Freeman White, and the Project Expediter, Miller Building met with representatives from J. M. Thompson and as a' result have identified a savings of $115,570 from the original bid amount. Additional items which will reduce the cost of the project have been identified. Some design modifications, however, will need to be completed before the cost savings can be qualified. RECOMMENDED MOTION AND REQUESTED ACTIONS: Attached please find recommendations from Freeman White and Miller Building requesting that the County award the contract to J.M. Thompson in the amount of $26,478,430 and associated budget amendment. " FUNDING SOURCE: _ - 366.431-3660-6000 ATTACHMENTS: Letters of Recommendations r-..°~ ba01-53. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN .RESOURCES: Recommend approval: ~ ,~ - <~- : ~" F • ~ ~ '~ L c a 5 i >_ pp u y ... y. Y L V ~ ~ ~ C '~ a _. Y nanWhite ~ ~ ~ ~° ~ - ~ , ~. ~ W ~- ... - 8001 tlrrowridge Blvd. Charlotte, NC 28273-5665 704.523.2230 May 31, 2001 Fax 704.523.2235 w:ww.freemanwhite.com Mr. Gregory R. Thompson, P. E. • Chief Project Engineer - New Hanover County 414 Chestnut Street, Engineering Department Wilmington, North Carolina 28401 , ,~ ' u .. , ' Re New, Hanover County, Jail and Sheriff s Administration Facility . Recommenda#ion of Bid Award Amount to J. M„Thompson Company ;,.,' ,~ Dear Mr. Thompson: ~ ' ' ~, We have followed up on the County Commission's motion last Monday,,May 25, 2001 to award- the main bid package contract to J. M. Thompson Company as a single prime contractor. The motion also stated that before the Commission approved their bid amount of $26,594,000.00,. FreemanWhite, Inc., other County Consultant's associated with the project and J. M. Thompson ' Company should establish whether any additional cost savings could be realized without reducing ' the overall` scope of the project. ' After meeting with representatives from J. M. Thompson Company on two separate occasions to establish a list of cost reduction items; we are recommending the County accept a final.award amount of $26,478,430.00. This final amount represents a savings of $115,570.00 from the initial " bid amount. The agreed to cost reduction items and their associated cost savings are listed in . `Exhibit A' included with this letter. ' Additional cost saving items that could not be reviewed and quantified at this time will be incorporated as a post-award credit to the Owner. Please let me know if you have any additional questions. Sincerely, G ~. ., Charles V. Reed, Jr. IA Principal Cc: Max Maxwell, Andy Atkinson; New Hanover County Col. Steve Smith, Cpt. David Stevenson; New Hanover County Bob Greene, Steve Ohm; Carter Goble and Associates Marty Thompson, Barry Russell; J.M. Thompson Company Pat McCracken, Pete Buskirk; Miller Building Corporation Carl Smith, Ray Rosalez, Brian Shirley, Paul Bonsall; FWI l/ ~~ - ~. ~ . EXHIBIT A POST BID COST REDUCTION ITEMS - 1. Delete door monitoring on selected doors. Deduct $24,465.00 2. Delete communication outlets at selected locations. Deduct $3.750.00 3. Delete pendant mounted light fixtures, replace with lay in fixtures. Deduct $3,975.00 ' 4. Delete one #57 Washer/ Extractor from the Central Laundry. Deduct $9,010.00 S. Delete one:#58 Gas Heated Dryer from the Central Laundry. Deduct $4,720.00 6. ~ Delete asphalt paving by 0.5": Deduct $45,000.00 7. Replace pre-cast concrete screen wall with chain link fencing. Deduct $24,650.00 May 31 O1 02:28p p. i BUILDt\C: Ci)RI'UR.OT[OV , NE5%V IFIAN®~~2 COUNTY JAII: ANI!]] ADMIlVIS'I'RAT'I~l~t FACI~..Y'~'Y lYI)JIVIOI+:ANI)U11~C File # 5.1.1 DATE: May 31, 2001 TO: Greg Thompson - NHC ~ Fax 341-4035 FROM: Pat McCracken SUBJECT: Recommendation to Award JM Thompson Contract Per our cost reduction meeting this morning with the Project Team and JM Thompson we recommend awarding the single~prime general contract to JM Thompson in the amount of $26,478,430_ This revised amount is based on the following cost saving measures discussed. 1. Original Bid Amount = $26,594,000 - 2. Delete selected doormonitoring = ($24,465) - 3. Delete selected communication outlets = ($3,750) 4. Change pendant type fixture to lay-in fixtures = ($3,975] 5. Delete one #57 washer/extractor = ($9,010) 6. Delete one #58 gas heated dryer = ($4,720) 7. Reduce asphalt thickness by one-half inch = ($45,000) 8. Replace screen wall with chain. link fencing = ($24,650) 9. Revised Contract Amount = $26,478,430 There are several other cost saving measures discussed that will continue to be reviewed to save additional cost. Due to time constraints these issues could not be accurately defined or priced, but will be incorporated as appropriate and as approved by the County as post-award changes to the contract. Please call if you have any questions. Cc: Max Maxwell - NHC Charley Reed - FWI Pete Buskirk - MBC l NEW HANOVER COUNTY BOARD Of COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date:- 06/04/01 . Budget Amendment - . DEPARTMENT:. Law Enforcement Facility. BUDGET AMENDMENT #: 2001-53 ADJUSTMENT DEBIT C .COPS Financing $26,478,430 Capital Project Expense $26,4 EXPLANATION: To increase budget for award of contract to J.M. Thompson for the main building package. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners .. {This pabe intentionally left blank} ~::~': ~; . ~: ~,~ NEW HANOVER COUNTY BOARD OF .COMMISSIONERS - REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 _ ~ Additional Item #: 3 Estimated Time: Page Number: Department: Engineering Presenter: Miller Building Contact: Greg Thompson ~ ' SUBJECT: New Hanover County Jail Facility Budget Amendment for Contract #01-0094 ' BRIEF SUMMARY: The clearing and grading for the fail site is now complete. The contractor, .Phillips and Jordan. has .requested additional money to cover cost for additional services provided. In order to cover these cost a budget amendment is required in the amount of $65,257.00 RECOMMENDED MOTION AND REQUESTED ACTIONS: ` Miller recommends that the budget amendment be approved in the amount of $65,257.00. l fUNDING SOURCE: 366-431-3660-7300.6000 - ATTACHMENTS: Letter from Miller Building ,~ .,~ ~~ ..Budget. Amendment (includes. P & J and Waterfront Marine) ba01-54. REVIEWED BY: .,. .LEGAL:. FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMF~~. TS AND RECOMMENDATIONS: 'Recommend approval-: _ . COMMISSIONERS' ACTI~N~% OMMENTS: ' +~ s~ `.. COUNTY CQn~M(S~~ONFR~ p:._ ~~ D PG ',''ONED ~. HEAP;©~ - ~/~ ~~ DATE ...~.._:_,,.,_~., NEi W HANOVER COl1NTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting ,Date: 06/04/01 Budget Amendment, ':.r. DEPARTMENT: Law Enforcement Facility BUD{GET AMENDMENT #: 2001-54 ADJUSTMENT ~ DEBIT ~ CREDIT .COPS Financing ~' • $73;582 Capital Project Expense $73,582 EXPLANATION: To increase budget for addtional services required of Phillips and Jordan and for change order to Waterfront Marine for subsurface conditions. ADII ~ITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners ~~~,h,~~ con~~n~~sioN~~t . _~ ~- ~~ ^ ~ .:: ~? ~ ~,: ~,=CNED O PATE ~t'~~~. ~ ~~ ~~ '~ t~1f=~ ~ ~ i ~u+iUi.vc, c: c~r.roi~a~rio.v NE'W 1FIAIV~VEI~ ~~IJN'I'Y JAIL, .. ANI) AIIIVIIIviIS'I'I2AT~~l°d FACILITY 1dI]EIVIOItANID~ITVI F'ids~ # 7.12 DATE: May 30, 2001 " TO: Max Maxwell - NHC FROM: Pat McCracken~~ - SUBJECT: Phillips & Jordan -Final Proposal Revision s Based on the A1E's comments concerning Phillips & Jordan's final proposal for extra work, we have negotiated with them to agree to delete the cost identified for Area ~ 8 from their proposal. Area # 8 was identified in Addendum No. 02 to receive a foundation; therefore, the work- is not an extra. Attached is their letter agreeing to this and a revised - worksheet noting this change. - By our records and based on the above agreement the County owes Phillips ~ Jordan one final Change Order (No. 04) in the amount of $65,,257.t?0. This wi11 make their final contract amount $1,868,594.00. A breakdown of this is as follows. . " Contract Amount thru CO No. 03 = $1,803,337.00' WCD ES-06 Surcharge Removal =.+$31,295.00 Final Proposal for Extra Work = +$34,087.00 " Balance of Unit Price Allowance = ($125.00 Final Contract Amount = $1,868,594.00 Do you need for me to issue a Work Change Directive for the final proposal work to attach to the Change Order ar will the attached worksheet suffice? Please advise.. " Call'if you have any questions. Cc: Ray Rosalez - FreemanWhite 05/30/2001 10:36 704-479-2540 KviLLt tf`+1~1N .. E ~~ ~~, 30, 2001 rHUe nt 'Ir. Pat McCracken, Project Manager ~ , daller 13adlcling Cori. 404 Commonwealth. Drive ~ilmiz~gton, NC .28402 tE: New Hanovex County Sail and Admitaistratiaxx Facility Fiuzal Proposal -Changes , . )ear Mr. McCracken, .. ... ~ r iot the final proposal pricing I am~iri agaeetnient to delete the mozaeys asked.i'or in Area X8.1 do gel however that A.i'ea #7 should be included in the final cltamg~s, this will bring the total for all u3ah chaziges to $ 34;085.77. ~ :f. ~_ ,~ ,. ?lease do not hesitate to call i;Fyou should have questions. ~.espectfutly, ,. Ph919aps ~&,3c~~slmm; inc. Dudley . Project Coordinator P.O. Dza~ez 644 • R~bbinsville> Noah Carolina 28'l7l • ~ouct 5tr~eet • l2ota19iz~sville, IVatih Carolina 2771 '~ J {S2~) 479-33'I • Fax (t32$) 4'79-3©10 • www.pandj.com • • fp >. 1v C a O U 1 ?O is 0 a 0 a ~' O l~ n r- O M D O O M ~ 1n O O. ~ O O m O tD CO M M O O S W h O ~- Qi O O fA q O (fl ~ e~ ~ EA O O ~ CO (J! 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CM O CO N r r , O o ~ - EA to fA `fi? N b? EH 69 69 L! - ~} {ff ~ d! ~ G7 O t0 0 ~0 tl O 0 0 v 0 . v o v o 0 • Q' - •~' OD M CO In L' ~ OO' M CO In ' ~• In .. ~ N Ir ~ ~ ~ ~ N e" r c o c o c o 0 ~ c~ E» ~ vi ~- ~ F» E» 4» ~, F- ~ ~» F- F- ,a CC f ~ ~ Z = ~ ~ C~ U In F- t-, U u) !-- F- J O O t1'). Q . O O 0 O r-. ~' O ''-C. : O 0 M V' :+ O _ ' . i ~ ` ` ~ ; _ r ryry V LL f~ - • tfJ c ~ fA c ~ I ~ ZO`. ~ i ~ w ~ ~ ~ - , ~ L m ~ ~ ° ro L ' ~ 0D ~ ~ °' V tZ c~ fl. a r.. ~ ro a > ~ v a x c0 d m c7 w ~ ai ' m . ~f~ ~ `m o ~ ~.~ ~ ~ o cn ~4 m m c cn CU ^I ~ ~~; L ~, to U fn ~ w ~ ~ Q ' ~. a .-~ cn N {- r, ~n ¢ a (lJ N 1- r, ~n .. Q E a ~ NE1N HANOVER COUNTY BOARD OF COMMISSIONERS ' ~ REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 _ Additional Item #: 4 Estimated Time: Page Number: . Department: Engineering Presenter: Miller Building ' Contact:. Greg Thompson ' ' SUBJECT: New Hanover County Jail Facility Budget Amendment for Contract # 01-0206 BRIEF SUMMARY: The piling contractor has mobilized on site and has completed installation of test piles. As a result of the test pile installation, it has come to our attention that the subsurface conditions have change from what was assumed by the design team at time of bid, as a result, longer piles are now required. New Hanover County will receive a credit for piles not installed for the Sheriff's Administration Building and this savings will be applied to the cost for the change in pile length. A budget amendment is required to cover the additional. cost in the amount of $8,325. RECOMMENDED MOTION AND REQUESTED ACTIONS: Mi11er recommends approval of the budget amendment in the amount of $8;325. FUNDING SOURCE: 366-431.3660-6000 ATTACHMENTS: ~^ Budget Amendment- includes P&J and Waterfront Marine ba01-54. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMNfF TS AND RECOMMENDATIONS: .Recommend approva ~, COMMISSIONERS' ACTIONS; COMMENTS: ~: _ 4 .-,; ' ,I©t. - ~ ~ ~ ~Y ~~ ffi~'+~~~ 3~~t' - i - ~ ~ 'i NEW HANOVER COUNTY BOARD OF`COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 Budget Amendment DE ~ARTMENT: Law Enforcement Facility BUDGET AMENDMENT #: 2001-54 ADJUSTMENT DEBIT CREDIT COPS Financing ~ ~ ;$73,582 ,. Capital Project Expense $73,582 ,. EXPLANATION: To increase budget for addtional services required of Phillips and Jordan and for•change order to Waterfront Marine-for subsurface conditions. k ~. . ADDITIONAL INFORMATION: APPROVAL STATUS: To be.approved by Board Of Commissioners • ~aur~~ caMr ~»~~oN~~ P,QP~o~l~.D =~ ti R ~ ~ "~% ti ~'-' C7 ,~~° ~J ^ Pv~ i ~'DNED ^ HE~RQ ®ATE '~ f~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting-Date: 06/04/01 Additional Item #: 5 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Nea - SUBJECT: - Approval of Request to Waive Tip Fee for Wilmington International Airport Air Show on June 9th and 10th - BRIEF SUMMARY: The fLM and New Hanover County Airport Authority wilt be hosting the Coastal Carolinas Air Show on June 9th and 10th. The Authority requests New Hanover County to waive the Tip Fee for the .waste containers used in this event. RECOMMENDED MOTION AND REQUESTED ACTIONS• ' FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COI- NTS AND RECOMMENDATIONS: Recommend approval. COMMtSS10NERS' ACTI N /COMMENTS: • C©UNTY COMM SI®N~I~S. APP~a~vFD RC..'r T,.l~ p R6.. "~D PG;;"~ ONED ~ HERRD . - . DATE Ub/U1 'O1 16:22 nirlwrt Aulhorlly 1, A. ituncmna~U.lJ.ti. (.'lminruurf I?. L. Mathews, Jr. I~icu-C''hairnrirn l':urtcr'1'. t,aaflietlr .5bcrca7ry lobo M. Coble. Par>;s 1... GrilTin Aclla~ nlrpor~l Director Jon W. Itusbot~~uglt ID:WILf1INGTON-INTL AIRPORT Mr. Allen O'Neal, County Manager New Hanover County -. ~ ~ _ 320 Chestnut Street • ~ ' Wilmington, NC 28401 FAX:910-341-4365 PAGE 1 ' W)I,MINCiTQN AIR!'URT 17A0 Aigror} Ilvttlevmrd wftminFsori, Noah C.'arolina 284f>5 (910)SAI•d33) ~(9l0)J41-4JGSI~+u Wcb ante httpa/www.f)yihn.cam h: Mail; iUn(i)llyihn.con+ ]June 200 1 Re: ~equcst -Waive pumping lees ~~ Dear Mr. ea.l: As you arc aware, 1LM and the New Hanover County Airport Authority will be hosting the Coastal Carolinas Air Show, 2001 on 9 and ]0 June. 'The Authority and our show committee arc very exc:itcd about this event and the helZ~efits derived to the community. r• . In this regard, we respectfully request the county to waive the dump fee fir the: wdst~; containers used in this event. ~ • , 't'hank you for your consideration and help with this request. Si l , f/V) Jo . Kosbarough irport Dircctc~r :~ o ~~. ~--e-~- _ ~~. ~~ , ~_ ~ ~~ ~ ~~ r--' NEW HANOVER COUNTY BOARD OF COMMISSIONERS - ~ REQUEST FOR BOARD ACTION - Meeting Date: 06/04/01 Additional Item #: 6 Estimated Time: Page Number: Department: Governing Body Presenter: Commissioner William A. Caster Contact: Commissioner Caster SUBJECT: Nomination of William P. Morrison to the NC Coastal Resources Commission BRIEF SUMMARY: - `Currently, there is a vacancy on the CRC in the position allocated to a representative of wildlife or .sports fishing: Commissioner Caster is requesting the Board to nominate Mr. Morrison. RECOMMENDED MOTION AND REQUESTED ACTIONS: Nominate William P. Morrison to the CRC FUNDING SOURCE: N/A ATTACH M ENT5: Nomination Form and information ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S C°,M'MENTS AND RECOMMENDATIONS: Recommend approval.. t COMMISSIONERS' ACTIONS/COMMENTS: ~~ /1 • • MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC June 4, 2001 ITEMS OF BUSINESS PAGE NO. 1. Non-Agenda Items (limit 3 minutes) 49 2. Approval of Minutes 51 Adjourn ~~ .~ {This page intenti®nally left blank} ~, 50 ~ C`~ NEW FIANOVER COl1NTY BOAR® Of COMMISSIONERS REQUEST FOR BOAR® ACTION Meeting Dater 06/04101 Water & Sewer Item #: 2 Estimated Time: Page Number: , ®epartment: Goverrnng Body Presenter:. Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Water and Sewer Agenda -Approval of Minutes BRIEF SUMMARY: Approve the minutes of the Regular Meeting .held on May 21, 2001. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the minutes. ~ ' FUNDING SOURCE: ATTACHMENTS: .ITEM DOES NOT REQUIRE REVIEW • ~AUrrr~ rQM~i~tvt, REJECTEu REMOVE!: €.? POSTPON~~D FkEARD ~~ ~ ~~ {This page intenti®nally left blank} -' ~'11'V4-1~ ~' ' ~-@ °~ ,, ~: ~9 52 ;~:~... ~ ~ ~~~~, C7 • • 1. Approval of Minutes 55 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS June '4, 2001 ITEMS OF BUSINESS PAGE NO. 2. Approval of Resolution for Fees to be Charged by the Sheriff's Department for 57 Service of Process 3. Approval of Appointment of Robert G. Greer as the Voting Delegate to the NACo 59 Annual Conference 53 :l {This page intentionally left blank} `~j 54 tVEVV ~IANO~/ER COUNTY BOARD OF COBVIIVI~SSiONERS REQUEST FOR BOAR® ACT141V Meeting ®ate: 06/04/01 Corisent item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell • SUBJECT: Consent Agenda -Approval of Minutes BRIEF SUMMARY: Approve the minutes of the Regular Meeting held on May 21, 2001 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of minutes. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NO7 REQUIRE REVIEW r~~1NT'' 4''t~MM1~SfQ ---,., REJEC °"~D (~ REMC~ ~ POSTF~. D ~~ ~ ~ ~~ F~EAR~D • ~~ {This page intentionally left blank} >-,~ ', ^~~~ 's •;~ +'~~ :.+,'a.~ '~' 9 a ~; ~, NEY1l HAIVOVEI~ COUNTY BOARD OF CON6M9SSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/04/01 Consent Item #: 2 Estimated Time: Page Number: Department: Legal Presenter: E. Holt Moore, III, Assistant County Attorney Contact: E. Holt Moore, III, Assistant County Attorney SUBJECT: Resolution for fees to be Charged by the Sheriff°s Department for Service of Process. BRfEF SUMMARY: The Sheriff's Department often serves summons and complaints end other legal process issued by the federal courts and the courts of other states, as a courtesy. The fee the Sheriff's Department has historically charged for this service is $10.• Most other jurisdictions in the state charge $50 for these services. The attached ordinance would increase the Sheriff's Department's fee to $50. In the year 2000, 429 out-of-state papers were served by the Sheriff's Department, representing $4, 290 in revenue. Based on 429'out-of-state papers served at the increased fee of $50, potential revenue would be $21,450. This would represent a potential increase in revenue of $17.,160. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend passage of attached .resolution to increase fee for certain service of process. FUNDING SOURCE: ,_ ATTACHMENTS: p[p h~ Lw_, , SheriffServiceFees. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A Recommend approval. ~ ~ 9jij ~, COMMISSIONERS' ACTIONS/COMMENTS: • UfVT16' ~;~MMf~10N~ APPROV ~tEJECTE~} ~ REMOVEa POSTPONED ~ ~ ' ~EARiJ ~,~ 4, . • RESOLUTION • OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~ • WITH. RESPECT TO THE FEES TO BE CHARGED BY THE SHERLFF FOR SERVICE OF PROCESS ORIGINATING OUTSLDE ; • . OF THE GENERAL COURT OF JUSTICE OR OTHER NORTH CAROLINA COURTS OR AGENCIES. Co col be ,: ~~ ~, g i 5 ~~ WHEREAS, North Carolina General Statute Section 153A-102 grants to the Board of Commissioners the power to fix the fees and commissions charged by County officers and employees for performing services or duties permitted or required by law; and WHEREAS, the Sheriff and his deputies are permitted, but not required, to serve • summons and complaints and other legal process issued by the Federal courts and courtsi of the several states, other than North Carolina; and ~ ~~, • WHEREAS, the provisions of North Carolina General Statute Section 7A-311 which set uniform fees for service•of civil process only apply to process issued by the courts of North Carolina. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of - • imissioners that in any civil action or special•proceeding arising in the Federal courts or in a -t of one of the several States other than the State of North Carolina, the following fees shall issessed, collected, and remitted to the County: 1) Effective July 1, 2001, for each item of civil process, including summons and. complaints, subpoenas, notices, motions, orders, and pleadirigs served, Fifty ($50.00} Dollars. When two or more items of civil processare served • simultaneously on one party, only one Fifty ($50.00) Dollar fee shall be charged. 2) When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. This Resolution shall not apply to any process issued by the North Carolina General Court of Justice or any other court, administrative body, or agency of the State of North Carolina or any of its political subdivisions. This the (SEAL) ATTEST: .iii.~;~ ~~~ ~E ~~~ day of , 2001. NEW HANOVER COUNTY Ted Davis, Jr., Chairman • ~, NEVI 1~AIVOVE'R COU~lTY BOARD OF CONIMISSIO(VERS REQUEST FOR BOARD ACTION . Meeting Date: 06/04/01 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Ted Davis, Jr. Contact: Lucie Harrell SUBJECT: Appointment of Robert G. Greer as the Voting Delegate to the fVACo Annual Conference BRIEF SUMMARY: As a paying member of the Association., the County is eligible to have a voting delegate at the conference. Vice Chairman Robert G. Greer is attending the NACO Conference in Philadelphia. RECOMMENDED MOTION AND REQUESTED ACTIONS: ` Appoint Vice Chairman Greer as the voting delegate. FUNDING SOURCE: ATTACHMENTS: NACo 2001 Credentials (Voting) Identification Form ITEM DOES NOT REQUIRE REVIEW R' T Recommend approva~ COMMISSIONERS' ACTION'S/COMMENTS: • ~UNiTY CQMnfll~t~ _ , APPROVED ~7 ~tEJECTED REMOVED ~ .,~ ':~' 'j POSTPONED ~ 1 ~EARI, ~ r~ ,, . i~~i<' s ,~~1 '~ ._ ,~ ~~ - ~~ MEMORANDUM J To: County Executives, Parish Presidents, Borough Mayors, and County Board Chairpersons From: ~ Jane Hague; NACo President . Date: May 1 S`, 2001 Re: Voting Credentials - 2001 Annual Conference - A 60 We are preparing for NACo's 66`h Annual Conference, being held July 13-17, 2001 in the City and County of Philadelphia, Pennsylvania. We need your help to ensure that your county can participate in the association's annual election of officers and-policy adoption for this year's American County Platform. According to iVACo bylaws, in order to vote, a county must have paid its membership dues and have one paid registrant for the conference. Please indicate on the enclosed form the name and voting delegate and alternate(s) authorizedao pick up you county's voting materials. Additionally the chief elected official must sign the form. *, In addition, state association" Executive Directors or Presidents are entitled to pick up unclaimed credentials on 1Vlonday, July 16. If you do not want the state association to receive your voting materials, please check the box on the enclosed form. . Please mail the enclosed form to the following address no later than 1!'Ionday, June 18`h. Credentials Committee C/o Josh Fudge National Association of Counties 440 First Street, N.W. Washington, D.C. 20001 ,You may fax the form, attention to Josh Fudge, to 2Q2.393.2630. '~Merhb` rsl~ip Co~ord nator,;Josh Fudge can be reached at 202.942.4242 should you have ~ariy questions reg ~d~ing~~oting procedures. We Kook forward to seeing you in P•h.iladelphia! !~~;+~::. - ~i9~7 ;, ' I~~~ < ~~ r ~~ , ,.. -- ~, °J ~~~~~i~ 38553 Please complete and return this form to: NACo, Attn: Josh Fudge, 440 First Street, NW, Washington, DC 20001 or fax it to Josh Fudge at (202) 393-2630 by June 18th or have the voting delegate(s) carry it with them to the conference and present it at the Credentials Desk. County/Parish/Borough • State ®esignated Delegate First Name Last Name Job Title First Alternate First Name Last Name Job Title Second Alternate First Name Last Name Job Title This form must be signed by the Chief Elected Official from your county. Submissions without an appropriate signature will not be accepted. Signature: Board President/Chairman/Judge/Mayor Signature Required Date Check here if you do not wish the State Association Representative to pick up your credentials. Check here if you wish to vote by proxy. If checked, list the county to cast your votes below. The proxy county must have at least one paid registrant for NACo's Annual Conference. Coun allowed to cast m votes s