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HomeMy WebLinkAbout2008-09-22 RM ExhibitsBook 3 ~ ESP ge 20 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description. Alexis Court in the Crosswinds Subdivision in New Hanover County (Division File No. 1113-N) i~'HEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the SecondaryRoad System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOU; THEREFORE, be it resolved by the Board o f Commissioners of the County ofNewHanover that the Division of Highways is hereby requested to review the above described road(s), and to take overthe road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 22"d day of September , 2008 WITNESS my hand and official seal this the `aa h day of , 2008. .~~j x \~~~ ~iTV ^^\ 1' 9 0 r Sheila L. Schutt, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 -~...=.r- Please Note. Forward directly to the Distnct Engmeer, Division of Highways. resolute.doc Book' 3 ! Page.. o ~,? NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION To Amend Section 6.7 -Personnel of the Interlocal Agreement between the City of Wilmington, New Hanover County, New Hanover County Water and Sewer District and the Cape Fear Public Utility Authority WHEREAS, the Cape Fear Public Utility Authority ("Authority") was organized under the North Carolina Water and Sewer Authorities Act, N.C. Gen. Stat. § 162A, for the purpose of providing water and sewer services to the residents of New Hanover County and the surrounding region; and WHEREAS, New Hanover County is one of the organizing political subdivisions of the Authority; and WHEREAS, the Authority has proposed to amend the Interlocal Agreement by removing Section 6.7(G), Post-retirement Health Care, in its entirety and replacing it with the following ("Amendment"): (G) Post-retirement Health Care. City employees who have completed five (5) years of continuous service with the City (combined with the Authority), who are currently vested in the NCLGRS retirement plan and who are identified in Exhibit M and employed by the Authority, shall receive post-retirement health care benefits if they retire from Authority employment into the North Carolina Retirement System from a trust established to fund these benefits based on the actuarial calculation of these benefits as defined and shown in the Actuarial valuation of the City of Wilmington-Other Post Employment Benefits Study to be completed by the Closing Date. County employees identified in Exhibit M who are employed by the Authority shall receive post-retirement health care benefits if they retire from Authority employment into the North Carolina Retirement System from a trust established to fund these benefits based on a County actuarial calculation, as follows: (1) An Employee with at least five years but less than fifteen years of service will be allowed to continue insurance coverage and the Employee shall pay 100% of the total cost for individual coverage; (2) An Employee with at least fifteen years but less than twenty years of service will be allowed to continue insurance coverage and the Employee shall pay 75% of the total cost for individual coverage; (3) An Employee with at least twenty years but less than twenty-five years of service will be allowed to continue insurance coverage and the Employee shall pay 50% of the total cost for individual coverage; (4) An Employee with at least twenty-five years but less than thirty years of service will be allowed to continue insurance coverage and the Employee shall pay 25% of the total cost for individual coverage; (5) An Employee with at least thirty years of service will pay the prevailing payroll rate for individual insurance coverage. WHEREAS, New Hanover County desires to approve the Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED, that New Hanover County hereby expressly approves the Amendment and authorizes the Chairman of the New Hanover County Board of Commissioners to execute said Amendment; and BE IT FURTHER RESOLVED, that the Chairman of the New Hanover County Board of Commissioners' execution of the Amendment and any ancillary documents related thereto constitutes conclusive evidence of New Hanover County's approval of the above Amendment. ADOPTED this the 22°d day of September, 2008. NE OVE COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-022 Book _.~~p ~~ 2= BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-022 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Revolving Loans Department: Finance Ex enditure: Decrease Increase Ta Fee Assistance $65 806 Contract Services 43,870 Total $109,676 Revenue: Decrease Increase Revolvin Loan Re a ments $109,676 Total $109 676 Section 2: Explanation This budget amendment is to establish the beginning budget for a new Special Revenue Fund established to account for Revolving Loans handled through the Planning Department. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-022, amending the annual budget ordinance for the fiscal year endi~.g June 30, 2009, is adopted. Adonted_ this ~~~~~ day ~f ti~ vl.., 2008. F~~ Robert G. Greer, Chairman Book ~ Bxhtbit -~...._Page 2 0 . ~ AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-030 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-030 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Healthy Carolinians Ex enditure: Decrease Increase Health/Health Carolinians: Su lies $2 000 Total $2,000 Revenue: Decrease Increase Health/Health Carolinians: Grant for Men's Preventive Health Services $2,000 Total $2 000 Section 2: Explanation The Kate B. Reynolds Foundation provided grant funding to the local Healthy Carolinians Task Force to assure access to care for the uninsured in this area. UNC-W is the fiduciary of the Healthy Carolinian funds. The Access To Care subcommittee designated $2,000 to support Men's Preventive Health Services provided by the New Hanover County Health Department. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-030, amending the annual budget ordinance for the fiscal year en ' g June 30, 2009, is adopted. Adopted, this ~`~~ day of , 2008. ~}.1TY • M_ Robert G. Greer, Chairman Book ~ Exhibit ~.._ Page ~D . S AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-029 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina.. that the following Budget Amendment 09-029 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Health Promotions Ex enditure: Decrease Increase Health/Health Promotions: Su lies $1,000 Total $1,000 Revenue: Decrease Increase Health/Health Promotions: Grant for Halloween Safe Pro ram $1,000 Total $1 000 Section 2: Explanation New Hanover County Health Department has been awarded grant funding from the Safe Kids USA program for a Halloween Safety program. The goal of the Safe Kids Walk This Way program is to reduce pedestrian-related injuries to children. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-029, amending the annual budget ordinance for the fiscal year end' June 30, 2009, is adopted. n~t.c~ - \ ~ 2008. ~~ Robert G. Greer, Chairman Exhibit Book 3~Page_..~ ,b AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-031 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-031 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Juvenile Day Treatment Center Ex enditure: Decrease Increase JDTC/Governor's Crime Commission: Contracted Services 16 600 Su lies 8,000 Total $24 600 Revenue: Decrease Increase JDTC/Governor's Crime Commission: Governor's Crime Commission Grant $206,250 General Fund: A ro riated Fund Balance $181,650 Total $181 650 $206 250 Section 2: Explanation To budget the Juvenile Day Treatment Center grant award in the amount of $206,250 from the Governor's Crime Commission for its vocational development program. Expenditures in the amount of $181,650 were already budgeted. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated Fund balance is $7,489,796. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-031, amending the annual budget ordinance for the fiscal year end' June 30, 2009, is adopted. OvNTY • N dopted, this ~.~.hC~ day of ~~Q • 2`~~ 21~ 2008. ~ ~~ ~w~ ~ y o ~ n ~' o z ~~ti a2 \.~,,_ ,,~~`~~ Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403 (910) 798-7149 ~ (910) 798-7145 FAX wWW.NH000V.COM Robert G. Greer, Chairman • William A. Caster, Vice-Chairman Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner Sheila L. Schult, Clerk to the Soard EXII~b~ Book 3 ~ Page = ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ACCEPTING THE DONATION OF A 40-TON AIR COOLED CHILLER WHEREAS, GS 160A-274 permits any governmental unit, upon such terms and conditions as it deems wise, with or without consideration, to exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest in real or personal property; and WHEREAS, action under this section shall be approved by the governing body of the governmental unit; and WHEREAS, UNCW has a 40-ton air cooled chiller that is surplus to its operations and desires to donate the same to the County; and WHEREAS, the County wishes to accept the 40-ton air cooled chiller for future growth to supply heating and cooling to the warehouses at the Simpson Complex; and WHEREAS, the County Manager, Finance Director, and Property Management Director recommend acceptance of the 40-ton air cooled chiller and approval of related budget amendment. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the 40-ton air cooled chiller with a market value of $10,000 be accepted as a donation from UNCW and the budget amendment be adopted; and that County staff is directed to process any required documents to finalize the transaction. ADOPTED this 22°d day of September, 2008. NEW VER COUN Y E~ Robert G. Greer, Chairman ATTEST: a, ~- Shei a L. Schult, Clerk to the Board AGENDA: September 22, 2008 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook 3 ~ Pa ~O. 76 AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET ge BY BUDGET AMENDMENT 09-027 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-027 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section t: Details of Budget Amendment: Fund: General Fund Department: Property Management Ex enditure: Decrease Increase Pro e Mana ement: Ca ital Outla - E ui ment $10,000 Total $10 000 Revenue: Decrease Increase Pro er Mana ement: Miscellaneous Revenue -Contribution $10,000 Total $10 000 Section 2: Explanation To accept UNCW's donation of a 40-ton air cooled chiller with a fair market value of $10,000. The budget amendment is for accounting purposes only to record the donation received from UNCW of a chiller for future expansion of the Winfred Simpson complex. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-027, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. r~ ~ Adopted, this c~.a day of ~t ~Z~, 2008. c Robert G. Greer, Chairman Book 3 ~ Exhibit ____._. Page ~ g0.- AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-019 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-019 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Finance/Non-Departmental, Tax, Engineering, Emergency Management, Sheriff, Cooperative Extension, DSS/Adoption Assistance, Library, Museum/Nlaster Plan, Parks, Airlie, Property Management, and Vehicle Management Ex enditure: Decrease Increase Finance/Non-De artmental: Contract Services -Wellness $40 000 Contribution -Wave Transit 155,770 Contract Services -Professional 32,490 Tax: Contract Services 88 400 En ineerin Ca ital Outla -Other 400,000 Emer enc Mana ement: Ca ital Outla - E ui ment 6 065 Ca ital Outla -Other 30 300 Sheriff/Detectives: Contract Services 3,000 Coo erative Extension: Tem ora Salaries 9,000 Ca ita] Outla -Other 118,950 DSS/Ado tion Assistance: S ecial Child Ado tion 144,611 Libra Ca ital Outla -Other 206,7] l Museum/Master Plan: Contract Services 40,189 Parks: Ca ital Outla -Other 65,250 Airlie: Ca ital Outla -Other 387,500 Pro e Mana ement: Contract Services 258,101 Ca ital Outla -Other 351 600 Vehicle Mana ement: Ca ital Outla - E ui ment 70 000 Total $2 407 937 Fund: General Fund Department: Governing Body -County Commissioners Revenue: Decrease Increase Governin Bod -Count Commissioners: A ro riated Fund Balance $2 407 937 Total $2 407 937 B/A 09-019, Sentember 22, 2008 Paee 2 Section 1: Details of Budget Amendment Fund: Fire Services/Fire Departments and Water & Sewer/Storm Water Drainage Department: Fire Services and Water & Sewer - Fire ater Revenue: Decrease Increase Fire Services/Fire De artments: A ro riated Fund Balance $548,97] Water & Sewer/Storm Water Draina e: A ro riated Fund Balance $216 628 Section 2: Explanation To rollover expenditures from FY07-08 to FY08-09. These items were budgeted in FY07-08, but completion of transactions or project did not occur prior to June 30, 2008. Additional Information: The following is additional information regarding FY08-09 carryovers: • Finance/Non-Departmental: 1. Transfer funds that were not used for the Wellness Program in FY07-08 into FY08-09 for the Wellness Pro ram. $40,000 2. Funds for contracted services fora 'oint Pender Coun ro'ect. $32,490 3. Funds for Wave Transit rimaril for buildin $155,770 • Tax: Consultant Services to assist with automation in the Tax De artment. $88,400 • Engineering: Funds for projects that were delayed in FY07-08. Projects were budgeted in Property Management in FY07-08. (Note: Budgeted in Engineering in FY08-09 since Project Management was moved to Engineering in FY08-09.) $400,000 • Emergency Management: 1. Ex ense re uired to com lete enerator installation at Noble Middle School. $6,065 2. Funds re uired for fire su ression s stem in control room. $30 300 • Sheriff's Office: Funds for an rode endent evaluation of Gan Task Force Pro ram. $3,000 • Cooperative Extension: 1. Tem ora Sala fora osition that s ans 2 fiscal ears. $9,000 2. Funds to com lete the ent wa arkin lot ro'ect. $118,950 • Department of Social Services: Special Children Adoption Fund incentive monies. Incentive money to agencies for exceeding their baseline in placing special needs children in ado tive homes. Funds not full ex ended in FY07-08. $144,611 • Libra : Unex ended funds for Libra arkin lot at Northeast Branch Libra $206,711 • Museum: Funds 1'or Museum Master Plan. $40,189 • Parks: Funds to complete work on Government Center = $50,000 and Dog Park = $15 250. $65,250 • Airlie: 1. Funds for ADA athwa s. $381,000 2. Airlie securi s stem. $6 500 • Pro er Mana ement: Funds carried over for essential ro'ec[s $609,701 • Vehicle Mana ement: Funds carried over for software for fleet mana ement. $70,000 • Fire Service District: Funds for H drant Project. $548,971 • Storm Water Draina a Fund: Funds for small drama e ro'ects. $216,628 TOTAL $3 173 536 B/A 09-O19, September 22, 2008 Paee 3 Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. BE IT RESOLVED by the Board of County Commissioners of New that the Ordinance for Budget Amendment 09-019, amending the annual ar endin June 30, 2009, is adopted. v. r l ~ , 2008. Robert G. Greer, Chairman NOW, THEREFORE, Hanover County, North Carolina, budget ordinance for the fiscal ye Exhibit Book _3 I Page so. g b AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-020 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-020 be made to the annual budget ordinance for the t3scal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /Child Day Care Ex enditure: Decrease Increase DSS/Child Da Care: Smart Start Child Da Care Services $26 415 Total $26 415 Revenue: Decrease Increase DSS/Child Da Care: O eratin Grants -Smart Start $26,415 Total $26 415 Section 2: Explanation To reduce budget for actual allocation awarded to New Hanover County. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-020, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. .~ 1 , r '`~_ p, 2008. obert G. Greer, Chairman Exhibit Book ~_ Page ~ ~• S ~- AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-026 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-026 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Non-Departmental/Outside Agencies Ex enditure: Decrease Increase Non-De artmental: Contin enc $2 000 Outside A encies: Contribution to NC Beach, Inlet & Waterwa Assoc. $2,000 Total $2 000 $Z 000 Section 2: Explanation The North Carolina Beach, Inlet & Waterway Association has requested that New Hanover County support their annual conference in the amount of $2,000. This budget amendment will transfer $2,000 from Contingency for New Hanover County's contribution to the North Carolina Beach, Inlet & Waterway Association. Prior to actions taken at this Board of County Commissioners meeting, the current balance in Contingency is $542,289. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-026, amending the annual budget ordinance for the fiscal year endi June 30, 2009, is adopted. Adopted, this ~~~~~ da of ~~~m~ , 2008. NTY'n, y ti /~ AL) y\ ~ .~ O Z Ro ert G. Greer, Chairman to Exhibit Book __~ 1___ Page a~ . S o~ AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-032 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-032 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management/Tropical Storm Hanna Ex enditure: Decrease Increase Emer enc Mana ement/Tro ical Storm Hanna: Storm Ex enses $250 000 Total $250,000 Revenue: Decrease Increase General Fund: A ro riated Fund Balance $250,000 Total $250 000 Section 2: Explanation To budget funds for expenses related to Tropical Storm Hanna. At this time, this is an estimate. When figures for the storm costs are calculated, we will bring another budget amendment to you for approval increasing or decreasing this amount. If another funding source is found for the storm costs, we will also adjust the budget. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated Fund balance is $7,489,796. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 04-032, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. ' ~e ~~`r~by~,. , 2008. s ~~ Robert G. Greer, Chairman Book 3 ~ Exhibit Page ~o.~e. AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-028 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-028 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Sheriff -JAG (Justice Assistance Grant) Department: LLEBG -Sheriff Administration Ex enditure: Decrease Increase Su lies - Com uter and Other $19 705 Total $19 705 Revenue: Decrease Increase Sheriff JAG 2008 Grant $19 705 Total $19 705 Section 2: Explanation To budget 2008 Justice Assistance Grant (JAG) award. The Board of County Commissioners granted approval to apply for the grant at its July 7, 2008, meeting. This is a joint grant with the City of Wilmington. The County's portion of the grant will be used to purchase laptop computers and related operating accessories for use in patrol vehicles. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-028, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. -, _ ..1 ~~ ~ ~ , 2008. 0 ~~ Robert G. Greer, Chairman AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-08 Exhibit Book 3_l___ Page ~ 0. g~ BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-08 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriff s Office Ex enditure: Decrease Increase Controlled Substance Tax: Su lies $6 835 Total $6 835 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $6,835 Total $6 835 Section 2: Explanation To budget 8/20/08 receipt. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-08, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. .._. _~ ~ , 2008. Robert G. Greer, Chairman AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-09 Book ~ Exhibig BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-09 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriff s Office Ex enditure: Decrease Increase Federal Forfeited Pro e Su lies $307,270 Total $307 270 Revenue: Decrease Increase Federal Forfeited Pro er Federal Forfeited Pro er $307,184 Interest on Investments 86 Total $307 270 Section 2: Explanation To budget receipts of 8/19 and 9/3/08 and interest earned for the 4`h quarter of FY07-08. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-09, amending the annual budget ordinance for the fiscal y~ ar ending June 30, 2009, is adopted. ~~ , 2008. a Robert G. Greer, Chairman ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit RESOLUTION Book .~.1_ Page IN SUPPORT OF POSTING HIGHWAY SIGNS TO ACKNOWLEDGE THE HISTORIC CONTRIBUTIONS OF THE THALIAN ASSOCIATION TO NEW HANOVER COUNTY WHEREAS, the Thalian Association was organized in the year 1788 in the town of Wilmington, New Hanover County, North Carolina; and WHEREAS, the Thalian Association is the oldest community theater in the State of North Carolina; and WHEREAS, the Thalian Association was organized for the purpose of providing a foundation for the artistic, cultural, and social development of the Lower Cape Fear community; and WHEREAS, the Thalian Association participated in the endowment of the Innes Academy, the first public school in New Hanover County, and supported that endowment by organizing a community theater company, the proceeds from which supported the public school and the poor of New Hanover County; and WHEREAS, the Thalian Association was first chartered by the State of North Carolina in 1814 to provide "learning and the promotion of literature" to the people of New Hanover County; and WHEREAS, the Thalian Association community theater became an enduring tradition in the Lower Cape Fear region that has lasted from 1788 to the present day and from its beginning has attracted the support and participation of the most public-spirited of New Hanover County citizens; and WHEREAS, the Thalian Association contributed in 1851 to the building of the Washington Monument, and its public-spirited generosity is displayed to this day in a memorial stone on Landing 23 that reads "Wilmington, N.C., Thalian Association"; and WHEREAS, the Thalian Association, championing the need for a large and beautiful public theater, formed a partnership in 1854 with the Town of Wilmington to build a combination theater and City Hall; and WHEREAS, the Thalian Association in 1860 gave its ownership interest in Thalian Hall to the Town of Wilmington; and WHEREAS, the Thalian Association in the Civil War years 1861 to 1865 committed itself to fund-raising performances in Thalian Hall to help alleviate sufferings from yellow fever and smallpox epidemics; and WHEREAS, the Thalian Association in the Reconstruction years 1865 to 1871 struggled against political partisanship and provided a bridge over the chasm of bitterness; and ,, o` W ~' ,~ ~~~ WHEREAS, the Thalian Association in the post-Civil War era supported popular education in a non-partisan manner despite opposition and continued the tradition of theater, despite economic decline and poverty; and WHEREAS, the Thalian Association in the post-Civil War era opened Thalian membership to females and encouraged on-stage participation in theater for the first time to female members; and WHEREAS, the Thalian Association maintained through the years of poverty the spirit of culture and provided a focal point for the revival of the performing arts in the early 20~' century; and WHEREAS, the Thalian Association rescued Thalian Hall from neglect and possible destruction and restored it to its original beauty; and WHEREAS, the Thalian Association founded the first Children's Theater in New Hanover County; and WHEREAS, the Thalian Association stages each year five productions of drama and musical theater in Thalian Hall, six productions of children's theater in the Hannah Block Historic USO and Community Arts Center, a street fair showcasing locally produced visual art, and a music festival showcasing North Carolina bluegrass; and WHEREAS, the State of North Carolina, on May 29, 2007, passed "An Act to Adopt the Thalian Association at Wilmington, North Carolina, as the Official Community Theater of North Carolina." NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that highway signs be posted that acknowledge New Hanover County to be the HOME OF THE THALIAN ASSOCIATION, FOUNDED 1788. OFFICIAL COMMUNITY THEATER OF NORTH CAROLINA. ADOPTED this the 22"d day of September, 2008. NEW HANOVER COUNTY ~~ Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board ,, ,~j~ C- fV ~` , „~ r, , NEW HANOVER COUNTY BOARD OF COMMISSIONERS i.. RESOLUTION Exhibit TO PETITION THE NORTH CAROLINA Book ~,_ Page ao • ~ o DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH A NO DISCHARGE ZONE IN THE ESTUARINE WATERS WITHIN THE TOWN OF WRIGHTSVILLE BEACH'S JURISDICTION WHEREAS, the Town of Wrightsville Beach is a barrier island beach community within New Hanover County with public access to the ICWW, marsh areas and estuarine waters surrounding Wrightsville Beach; and WHEREAS, the Town of Wrightsville Beach depends on the recreational use of the surrounding surface waters to attract tourists and derive economic benefit; and WHEREAS, New Hanover County shares these waters and derives similar benefits for the larger population of the County; and WHEREAS, Section 312 of the Clean Water Act allows responsible State agencies to petition the United States Environmental Protection Agency to petition for the designation of No Discharge Zones as an additional tool to address water quality issues associated with sewage contamination; and WHEREAS, the Town of Wrightsville Beach CAMA Land Use Plan supports development of joint programs with County officials to reduce sources of fecal coliform to its estuarine and ocean waters with the goal of opening up all of Wrightsville Beach's waters to shellfishing. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby petition the North Carolina Department of Environment and Natural Resources to request establishment of a No Discharge Zone in the estuarine waters within the Town's jurisdiction. ADOPTED this the 22°d day of September, 2008. NEW HANOVER COUNTY ~1::~ ~ '• ~ ~ ~ ~ - !:~ , S a ~,. '~, ' Y `~~' C ' r ~~" ~ Robert G. Greer, Chairman ~ ~ t ~ ~ I r~ ~ i ATTEST: -- ,., ~, A , ~ ~ - ~ ~.-,.~ ~~`~~,.,-,. ~. ' ~ Sheila L. Schutt, Clerk to the Board ~ ~, e Exhibit Book 3l Page ~0. 1 ~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $40,000,000 AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") has determined that it is advisable to issue hospital revenue bonds to finance the costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction to the women's and children's pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment (collectively, the "2008 Project"); and WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of variable rate hospital revenue bonds in an amount not to exceed $40,000,000 (the "Bonds"), the proceeds of which will be used to (a) finance the costs of the 2008 Project and (b) pay the costs incurred in connection with the issuance of the Bonds, and to take all other action necessary in connection therewith; and WHEREAS, the Board considered and recognized that variable interest rate debt instruments subject the County to the risk of higher interest rates in the future, that the rates may be higher than the fixed rates that are currently available to the County, and that in addition to the variable interest cost, the County must pay the fees of RBC Bank (USA), as letter of credit bank, and RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as remarketing agents, which fees may increase the variable interest cost by approximately .55%; and WHEREAS, the Board understands that New Hanover Regional Medical Center, which is obligated to pay the County the amounts necessary to make, among other things, debt service payments on the Bonds, may enter into interest rate swap agreements to hedge the interest cost associated with the variable rate hospital revenue bonds noted above; and WHEREAS, the Board desires to retain RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters and as remarketing agents, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, RBC Bank (USA), as letter of credit bank, Financial Security Assurance Inc., as bond insurer for the Bonds, and First-Citizens Bank & Trust Company, as trustee. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County as follows: That the County Manager, the Finance Director and the County Attorney of the County are hereby authorized, directed and designated to file an application with the Local Government Commission for its approval of the issuance by the County of the Bonds. Page i of 2 dm That the Board finds, determines, and asks that the Local Government Commission find and determine from the County's application and supporting documentation: That the issuance of the Bonds is necessary and expedient; That amount of the Bonds will be sufficient but is not excessive for the financing of capital costs related to the 2008 Project; That the financing of capital costs related to the 2008 Project and the issuance of the Bonds are feasible; That the County's debt management procedures and policies are good; and That the Bonds can be marketed at a reasonable interest cost to the County. That the Chairman and Vice-Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Bonds. That RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters and as remarketing agents, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, RBC Bank (USA), as letter of credit bank, and First-Citizens Bank & Trust Company, as trustee, shall be retained. That the Local Government Commission is hereby requested to sell the Bonds with a variable interest rate at private sale without advertisement to any purchaser or purchasers thereof, at such prices as which the Local Government Commission and the Board determine to be in the County's best interest in accordance with the provisions of Section 159-123(b) of the General Statutes of North Carolina, as amended. That an Official Statement related to the Bonds is hereby authorized to be distributed in connection with the offering of the Bonds. That this Resolution shall become effective on the date of its adoption. ADOPTED this the 22"d day of September, 2008. NEW HANOVER COUNTY l~~+a../ Robert G. Greer, Chairman ST: Sheila L. Schutt, Clerk to the Boar Page 2 of 2 dm AN ORDINANCE OF THE Exh~b~ BOARD OF COUNTY COMMISSIONERS Book3_!___page a..0 ! ~- OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, hereby ordains that Chapter 5, Animals, Article I, In General, of the New Hanover County Code be and is amended as follows: Add to Section 5-4. Definitions: Kennel means an individual, household, or entity that owns, keeps, or produces four or more litters per calendar year. Add a Section 5-28. Permits for Kennels: (a) No person may maintain a kennel within the County of New Hanover except in accordance with a permit issued pursuant to this section. (b) Animal control shall issue the permit required by this section. The permit application forms shall be promulgated by animal control pursuant to this section. Before issuing the permit, animal control shall require proof that each of the following conditions has been met by the kennel operator: (1) Each dog kept or maintained in the kennel must be vaccinated for rabies and must be licensed as required by Sec. 5-5; (2) Permits shall include the name, address, and telephone number of the owner/operators of the kennel, the address and physical location of the kennel, and the number of dogs over the age of six months being kept at the kennel as of January of the year for which the permit is issued. (3) If the dogs are to be kept or maintained in any kennel or enclosure other than the principal structure on the premises, whether on a temporary or permanent basis, said kennel or enclosure must satisfy the size and location criteria of Sec. 5-4; (4) The applicant or any other person associated with the operation of the kennel must not have been convicted or found liable for cruel or inhumane treatment of animals within the five (5) years next preceding the date of the permit application; (5) There must be no violations of any health or sanitation codes or ordinance arising from or in connection with the handling or disposal of animal wastes involving the premises or any person associated with the operation of the kennel for the five (5) years next preceding the date of the permit application; (6) If the applicant is not the owner of the premises proposed for the kennel operation, there must be written permission from the owner of the premises to engage in the operation of the kennel; (7) There must be no reported incidents of injurious or threatening behavior by dogs on the premises for the twelve (12) months next preceding the date of the license or permit application. Any such reported incidents must be independently verified and confirmed in the records of the New Hanover Sheriff's Office, Wilmington Police Department, Animal Control Services Division of New Hanover County or any other law-enforcement agency. (8) No more than one kennel permit may be issued for any premises within the county. For purposes of determining the number of dogs, all dogs on a single premise shall be included in the total. (c) When a permit is denied for any reason, animal control shall state the reason for the denial in writing and shall deliver the determination to the applicant personally or by registered or certified mail, return receipt requested. (d) Any kennel issued a permit pursuant to this section shall be maintained in a clean and sanitary condition at all times: The portion of the premises occupied by the kennel shall be cleaned of dog feces and. other animal waste at least once a day and said feces and animal waste shall be properly disposed of. Failure to maintain a kennel in accordance with this provision shall also result in the kennel and dogs being declared a public nuisance pursuant to Sec. 5-4 and shall subject the kennel operator to the abatement procedures and penalties set forth in this Chapter. (e) The requirements of this section apply to all kennels in operation within the county on the effective date of this section, as well as any established or brought within the county thereafter. However, operators of kennels that are within the county on the effective date of this section shall not be deemed in violation until after they have been notified in writing of the requirements of this section and have failed to apply for the required permit within thirty (30) days. In any event, no kennel operator shall be deemed in violation of this section for a period of one hundred eighty (180) days following its effective date. (f) A permit issued in accordance with this section may be revoked by animal control for any of the reasons enumerated under subsection (b), above. Animal control shall state the reason for the revocation in writing and shall deliver the determination of revocation to the permittee personally or by registered or certified mail, return receipt requested. (g) Any person who is denied a permit or whose permit is revoked pursuant to this section shall have thirty (30) days to comply with the requirements of this section or to reduce the number of dogs on the premises to not more than four (4). (h) Any person who is denied a permit or who has a permit revoked may appeal the denial or revocation to the county manager or his designee by giving written notice of appeal to the county manager within thirty (30) days or after the receipt of the written determination. The county manager or his designee shall conduct a de novo hearing to determine if the permit should be denied or revoked. Any enforcement action shall be stayed pending determination of an appeal pursuant to this subsection. Add a Section 5-29. Permit, Inspection and Enforcement: (a) Complete applications shall be reviewed and approved or denied within thirty (30) days of the date of submittal. Annual permits are valid from the time they are issued until the first day of the month of January of the next year after their issuance. The annual permit fee will be set by the county board of health. Applicants that hold a license issued pursuant to the North Carolina Animal Welfare Act, shall have the fee for such license credited towards the licensing fee imposed by this ordinance. The animal control director shall mail out a permit renewal notice to each kennel one month before their kennel permit expires. (b) Kennel permits shall be issued by animal control. (c) The application must be complete in order for animal control to accept and review the application. Prior to administrative approval, animal control may conduct a criminal background check of the applicant and property owner. {d) Within thirty (30) days of submission of the application for a license or permit, animal control may conduct an inspection of the kennel. (e) Animal control shall inspect kennels on an annual basis. The inspection must be during business hours. Notice is not required before an inspection. The inspection report must list separately each standard set forth in Sec. 5-28 and must require animal control to document whether the facilities comply with each standard. (f) Upon failure by a kennel operator to grant access to animal control to perform the annual inspection or discovery of a violation of any provision of this ordinance, animal control may revoke the permit or require cure of set violations within thirty (30) days. However, upon a finding of gross abuse or gross neglect, animal control shall immediately impound all animals found on the premises. (g) The animal control director or their authorized representative or any law enforcement officer who discovers that a person responsible for a kennel does not have valid proof of a current kennel permit shall issue that person a citation for failure to purchase a permit and cause the person to purchase such kennel permit within 72 hours. Individuals who fail to purchase the permit within 72 hours shall be issued another citation for failure to purchase the required permit. It is the kennel owner or operator's responsibility to submit to animal control proof of purchase. (h) All complaints concerning a kennel within the county shall be investigated and addressed by animal control. Notwithstanding subsection (f), if any person shall deny animal control admittance to his property, upon probable cause, animal control shall be entitled to secure from any judicial official with jurisdiction to issue warrants a court order granting such admittance. (i) Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punishable according to N.C.G.S. § 14-4. Each day that a violation continues shall constitute a separate offense. The county may also initiate any applicable civil action, such as the seizure of animals and/or revocation of a kennel permit. (j) The animal control director or their authorized representative may issue a citation for any violation of this Article, which subjects the offender to a civil penalty in an amount approved by the Board of Health. This penalty may be recovered by the County in the nature of a debt if the offender does not pay the penalty within 20 days of being cited. Each day of a continuing violation constitutes a separate offense under the Article. These citations may be imposed in addition to any and all other available civil and criminal remedies and actions. Except as specifically amended above, Chapter 5, Animals, of the New Hanover County Code shall remain unaltered, in full force and effect. This the 22nd day of September, 2008. ~~~.1TY. ~ L~ F ~~ ~ ~~Y yea o z NEW OVER CO TY Robert G. Greer, Chairman ATTEST: Sheila Schult, Clerk to the Board Book 3 ~EXhpage 30. l 3 AGENDA: September 22, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-013 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-013 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Epidemiology Ex enditure: Decrease Increase E idemiolo Tem ora Salaries $IS 000 Su lies $15,000 Total $30 000 Section 2: Explanation Approval is requested to amend the New Hanover County Health Department budget to reflect an increase in fees associated with Hepatitis vaccines. The increase in revenue would support the associated cost of the vaccines and provision of services in our Clinic. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-013, amending the annual budget ordinance for the fiscal year en ' g June 30, 22009, is adopted. Adopted, this ~a."~ day of 1~ 2008. Robert G. Greer, Chairman NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403 (910) 798-7149 (910) 798-7145 FAX WWW.NH000V.COM Robert G. Greer, Chairman • William A. Caster, Vice-Chairman Ted Davis, Jr., Commissioner • William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner Sheila L. Schult, Clerk to the Board Exhibit Book ~_ Page >~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID FOR NEW HANOVER COUNTY JUDICIAL BUILDING STORMWATER PUMP STATION INSTALLATION WHEREAS, after due advertisement, bids were received and publicly opened by BMS Architects, PC for the installation of the Stormwater Pump Station at the New Hanover County Judicial Building, and the following bids were received; and East Coast Contracting $320,830 Paragon Building Corp. $367,000 T. A. Loving Co. $385,000 Paul Howard Const. Co. $447,223 WHEREAS, the architects recommended to staff that East Coast Contracting, the lowest responsive, responsible bidder be awarded the contract; and WHEREAS, the Engineering Director, the Finance Director, and the County Manager recommend to the Commissioners that the contract be awarded to East Coast Contracting in the amount of three hundred twenty thousand, eight hundred thirty dollars ($320,830). NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that the award for the installation of the Stormwater Pump Station at the New Hanover County Judicial Building be awarded to East Coast Contracting in the amount of $320,830 and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 22°d day of September, 2008. NE NOV CO TY Robert G. Greer, Chairman A ,EST: (~4, Sheila L. Schult, Clerk to the Board