Loading...
2003-07-07 RM Exhibits 28.15.1 GHSP-04-A North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION Form GHSP-04-A (To be completed, attached to and become part of Form GHSP-04, Small Highway Safety Project Contract) WHEREAS, the NEW HANOVER COUNTY SHERIFF I S OFFICE (herein called the "Agency") (THE APPLICANT AGENCY) has completed an application contract entitled LAW ENFORCEMENT LIAISON (LEL) REIMBURSEMENT G¡µNT and that THE COUNTY OF NEW HANOVER (herein called the "Governing Body") (THE GOVERNING BODY OF THE AGENCY) has thoroughly considered the problem Identified and has reviewed the project as described In the contract, THEREFORE, NOW BE IT RESOLVED BY THE COUNTY OF NEW HANOVER IN OPEN (GOVERNING BODY) MEETING ASSEMBLED IN THE CITY OF WILMINGTON , NORTH CAROLINA THIS 7th DAY OF JULY , 2ooL, AS FOLLOWS 1 That the project referenced above IS In the best Interest of the Governing Body and the general public, and 2 That NEW HANOVER COUNTY SHERIFF I S OFFICE be authorized to file, on behalf of the (NAME AND TITLE OF REPRESENTATIVE) Governing Body, an application contract In the form prescribed by the Governor's Highway Safety Program for federal funding In the amount of $ 10.000. to be made to the (FEDERAL DOLLAR REQUEST) Governing Body to assist In defraYing the cost of the project described In the contract application, and 3 That the Governing Body has formally appropriated the cash contribution of $ ø (LOCAL CASH APPROPRIATION) as required by the project contract, and 4 That the Project Director designated In the application contract shall furnish or make arrangement for other appropriate persons to furnish such Information, data, documents and reports as required by the contract, If approved, or as may be required by the Governor's Highway Safety Program, and 5 That certified copies of this resolution be Included as part of the contract referenced above, and 6 That this resolution shall take effect Immediately upon ItS adoption DONE AND ORDERED In open meeting by ATTESTED B~Y ~.d- DATE ~ (CLERK) (¡ a.aS~_YORI Rev 7/02 28.15.2 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County Shenff's Office purchased a 1995 Chevrolet Capnce, senal number IBIGL52P2SR136516, FIxed Asset number 012650, m March 1995 to be used as a patrol vehIcle, AND WHEREAS, the vehIcle has exceSSIve mIleage, has been wrecked and repaIred several tImes, IS not appropnate to be used on a daIly basIs as a patrol vehIcle m the Shenffs Office, and IS consIdered surplus, to be removed from servIce, AND WHEREAS, Cape Fear Commumty College provIdes law enforcement trammg mcludmg dnvmg and IS m need of a vehIcle for the program, AND WHEREAS, the Shenff's Office IS requestmg approval to donate the vehIcle to Cape Fear Commumty College pursuant to General Statute 160A-274 wIth the understandmg that the vehIcle shall be used exclusIvely for the law enforcement trammg program at Cape Fear Commumty College and upon dIsposal ofthe vehIcle by Cape Fear Commumty College, the proceeds shall be utIlIzed m the law enforcement trammg program, AND WHEREAS, the full and faIr consIderatIOn for the value of the vehIcle IS the assurance by Cape Fear Commumty College that the vehIcle shall be used exclusIvely for the law enforcement trammg program and upon dIsposal of the vehIcle by Cape Fear Commumty College, the proceeds shall be utIlIzed m the law enforcement trammg program, NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIOners of New Hanover County that the 1995 Chevrolet Capnce, senal number 1 B 1 GL52P2SR136516, FIxed Asset number 012650 be donated to Cape Fear Commumty College WIth the the full and faIr consIderatIOn for the value of the vehIcle IS the assurance by Cape Fear Commumty College that the vehIcle shall be used exclusIvely for the law enforcement trammg program and upon dIsposal of the vehIcle by Cape Fear Commumty College the proceeds shall be utIlIzed m the law enforcement trammg program, AND BE IT FURTHER RESOLVED that the County staff IS dIrected to process any reqUIred documents to consummate the transactIOn ThIS 7th day of July, 2003 ~~èounty ComnnsslOners 28.15-3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, an automatIOn upgrade of the computer network was approved by the Board of CommIssIOners at the March 24, 2003 Board of CommIssIOners meetmg, AND WHEREAS, the automatIOn upgrade of the computer network resulted m the eXlstmg computers bemg replaced and becommg surplus Items, AND WHEREAS, the most cost effectIve dIsposal method IS to sell the eXIstmg lot of computers to one vendor, and as part of the sale to reqUIre the vendor to ItemIze, package, remove and transport the Items off County property, AND WHEREAS, the County has negotIated a sellmg pnce wIth IBM CredIt, LLC for the surplus eqUIpment conslstmg of one hundred nmety-two (192) IBM 6862-EJJ desktop umts, fifty (50) IBM 6862-UQN desktop unIts, and two hundred thlrty-mne (239) 6546-QAN IBM momtors, and as part of the sale, IBM CredIt, LLC wIll be responsIble for ItemlZlng, packagmg, removmg and transportmg the Items off County property for a net amount of eIght thousand one hundred ($8,100 00) dollars, AND WHEREAS, the InformatIOn Technology DIrector, the Fmance DIrector and the County Manager recommend dlsposmg of the eXlstmg computer eqUIpment by pnvate sale pursuant to G S l60A-267, NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIoners of New Hanover County that the surplus eqUIpment conslstmg of one hundred nmety-two (192) IBM 6862-EJJ desktop umts, fifty (50) IBM 6862-UQN desktop umts, and two hundred thlrty-mne (239) IBM 6546- QAN momtors be sold by pnvate sale pursuant to G S 160A-267 m a net amount of eIght thousand one hundred ($8,100 00) dollars, as part of the sale, IBM CredIt, LLC wIll be responsIble for ItemlZlng, packagmg, removmg and transportmg the Items off County property, and County staff IS authonzed and dIrected to execute necessary documents and perform all necessary functIOns assocIated wIth thIS transactIOn ThIs 7th day of July, 2003 ~nnQlJèoun~ ComrmsslOne~ 28.15.4 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE AIRPORT HEIGHT ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED May 9,1973 A-329, 06/03 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN SectIOn 1 That the aIrport HeIght Zomng Ordmance of the County of New Hanover, North Carolma adopted May 9, 1973, as amended be and the same IS hereby further amended as follows AMEND Sections of The Airport Height Zoning Ordinance as noted; (In the attached document, the underllned text is new ordlnance lanquaqe and otrlJcethrough text is ordinance language to be removed from the regulations. All other text lS eXlstlng language to remaln in the regulatlons.) SectIOn 2 Any ordmance or any part of any ordmance m conflIct wIth thIS ordmance, to the extent of such conflIct, IS hereby repealed SectIOn 3 ThIs ordmance IS adopted m the mterest of publIc health, safety, morals and general welfare of the mhabItants ofthe County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn Adopted the 7th day of July 2003 ~ß~mnn~ Attest 28.15.5 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 A-326, 04/03 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN SectIOn 1 That the SubdIvIsIOn RegulatIOns of the County of New Hanover, North Carolma adopted October 18, 1965, as amended be and the same IS hereby further amended as follows AMEND Sections of The Subdivision Regulations as noted; (Below the underl1ned text 18 new to the regulat1on8 and otr1kethrough text 18 removed from the regulat1on8 All other text 18 eX18ting language to rema1n 1n the regulat1on8 ) Section 32: Preliminary Plat 32-1 The subdivider shall submit twelve or more copies as necessary to the New Hanover County Planning Department (4/6/87)(3/03) 32-3: Prelimmary Plat Approval (1) Upon the receipt of the reqUired number of -U) copies of a properly submitted plan to the Plannmg Department along wIth the necessary comments and recommendatIOns from the North Carolina DOT, the County Health Department, the County Engmeer, the Board of EducatIOn, and other agencies and offices as may be deemed necessary or desIrable, the Plannmg DIrector, the chairperson of the Plannmg Board or their appomtees and the County Engmeer and Fire Marshall or their designees along with a transportatIOn representatIve from the Metropolitan Plannmg OrganizatIOn shall meet to review the plans submItted Meetmgs of thIS TechnIcal Review Committee shall be scheduled every two weeks as necessary Upon review and consultatIOn with the Committee members and Plannmg staff, and after hearmg comments from the applicant, Ifhe so desIres, and any other mterested person, the Committee shall eIther approve or deny the prelimmary plat Followmg the mltIal reVIew, the Committee shall have ten days m which to take actIOn on the prelimmary plat Failure to take actIOn wlthm the specified tIme shall be deemed as approved by the TechnIcal Review Committee (4/6/87) (8/02) Section 33: FlOal Plat (1) The subdivider shall submit one ongmal prmt (drawn m mk on film or lmen m a SIze sUitable for recordmg not more than 21 x 30 Inches nor less than 8 1.'2 x 11 Inches) and three (3) additIOnal copIes of the final plat to the Plannmg Department Section 34: Minor Subdivisions Mmor subdiVISions may be approved by the New Hanover County Plannmg Department The subdIvider shall submIt one ongmal pnnt (drawn m mk on film or lmen m a size sUitable for recordmg not more than 21 x 30 Inches nor less than 8 1.'2 x 11 Inches) to the Planning Department The plat shall conform specifically wIth SectIOn 47-30 of the North Carolina General Statutes Wlthm three workmg days of ItS receIpt of the plat, the Plannmg Department shall eIther stamp the plan as an approved mmor subdIvIsIOn, or notify the subdivider that the plat falls to conform to the definItIOn of a mmor subdivIsIOn I.. " Section 41: Specific Requirements 41-1 The followmg desIgn standards shall be mllllmum reqUIrements, where other officIal engmeenng and publIc works standards and specIficatIons are more stnngent, such hIgher standards shall be used (5) Easements SubdIVIders of all subdIvIsIOns shall comply wIth the easement standards of thIs subsectIOn (a) Generally utIlIty easements rIghts of 'Nay for storm sewers, sallltary sewers, or water mams shall be separate and dlstmct from any bUlldmg area on a lot, and shall be separate and dlstmct from the lot or located along the lot Ime, or entIrely on a lot, as deemed necessary by the County Engmeer (3/03) Easements up to thIrty (30) feet or more m wIdth wIll be reqUIred for gravIty sewer lInes and not less than fifteen (15) feet for water lInes, other underground and above ground publIc utIlItIes, or for pIped dram age facIlItIes Shallow swale easements along the penmeter of lots may be less than thIrty (30) feet provIded they are approved by the CountyEngmeer (9/5/95)(11/3/97) Section 41: Specific Requirements 41-1. The followmg desIgn standards shall be mmlmum reqUIrements, where other officIal engmeermg and publIc works standards and specIficatIOns are more stnngent, such hIgher standards shall be used (7) Streets (h) Cul-de-sacs (3/03) A street desIgned to be permanently closed at one end shall have a permanent turnaround cuI de sac at the closed end, the rIght-of-way and pavement of whIch shall meet the reqUIrements specIfied by NCDOT Cul-de-Sacs shall not be longer than 500 ft Longer Cul-de-sacs may be authonzed provIded the appropnate revlewlllg agency determllles there IS no optIOn for provldlllg stub streets or connectIvIty due to eXlstlllg documented envIronmental features such as wetlands, natural water bodIes, topographIcal features, envIronmental condItIOns or physIcal condItIOns such as property shape, property accessIbIlIty, or land use relatIOnshIps (3/03) SectIOn 52: Required Improvements 52-1: Permanent Monuments - Unless prevIOusly eXlstmg, a mmlmum of two (2) permanent control monuments of stone or concrete shall be placed at the pomt of mtersectlOn on the centerlIne of mtersectmg publIc or pnvate street rIghts-of-way or at the pomt of mtersectlOn of the tangents of curves when such pomt lIes wlthm the pavement of the proposed street OtherwIse, monuments may be placed on the centerlme at the pomts of curvature and at the pomts of tangency of curves whIch are to be dedIcated for street purposes A table of dImensIOns, or dImensIOn between control monuments, shall be shown on the map Metal castmgs or access boxes for the control monuments mentIoned above shall be placed m the pavement pnor to release of final suretIes for road constructIOn or final approval of road constructIOn (Reference G S 39-32 I) (l)(a) Such monuments shall be set a mmmmm ofnme (9) mches below the filllshed grade of the pavement A metal castmg of approved type wIll be mounted over said monument with ItS base flange mounted on a bnck foundatIOn wIth mortar Jomts of at least two (2) course thIckness, the top of whIch must be a mmlmum of one and three-quarters (1 %) mches hIgher than the hIghest pomt of the monument Permanent monuments shall be at least thIrty (30) mches mlength, SIX (6) mches m dIameter and shall have a metal pm or punch-marked metal plate embedded therem markmg the pomt represented on the final plat (b) In additIOn to the two (2) requIred Control Monuments, a control pomt (I e railroad spIke, P K naIl, Iron rod, rebar etc ) shall be set at all other centerlme mtersectlOns, pomt of curvature, and pomts of tangency pnor to recordatIOn In the event that these pomts are destroyed dunng mltIal project constructIOn, It shall be the developer's responsIbIlIty to have said pomts replaced m theIr ongmal honzontal posItIOn (3/03) 52-7 RecreatIon Space Every subdIvIder of land for resIdentIal purposes, shall dedIcate a portIOn of such land, as set forth herem, for the purpose ofprovldmg, actIve and passIve recreatIOn areas to serve the resIdents of the ImmedIate neIghborhood wlthm the subdIvIsIOn " ' ;: (4) Standards for Park, RecreatIOn and open Space Areas Except as otherwise approved by the approprIate govemlllg body, all park, recreatIOn and open space areas shall meet the folloWlllg CrIterIa a) Umty The dedicated land shall fonn a slllgle parcel of land, whether or not the subdivIsion IS developed III phases or sections, except where It IS detennllled by the approprIate govemlllg body, that 2 or more parcels would be III the best lllterests of the residents of the subdivIsion and the public, and III such case, the approprIate govemlllg body, may reqUire that such parcels be connected (b) Usability At least one-half of the reqUired recreatIOn tGtalland dedicated must be (1) located outside of wetland areas under the JUrIsdiction of, Federal and State regulatory agencies and (2) usable for active recreation Areas set aSide to meet the reqUirements of the ConservatIOn Overlay DistrIct can only be credited for one-half of the area used for Passive Recreation Tidal marshes cannot be counted to satisfy the RecreatIOnal Space ReqUirements 52-11 Sidewalks, Trails and Bikeways Sidewalks, walkways and other pedestnan ways shall be provided by the subdivider withIn or adjacent to a subdivIsIOn, upon reasonable eVidence that the sidewalks, walkways or other pedestnan ways would be essential for pedestnan access to commulllty facllltles, that such IS necessary to provide safe pedestnan movement outside the street or street nghts-of-way area or that such IS an extensIOn or could reasonably become an extensIOn of eXistIng sidewalks, walkways and other pedestnan ways All sidewalks, walkways, and other pedestnan ways shall be ahgned as reqUired by the appropnate governIng body, and designed and constructed to conform to NCDOT Techmcal Standards and SpecificatIOns Sidewalks shall be Indicated on all prehmInary plans Appendices Section Amend the appendices sectIOn ofthe SubdivIsion ordInance by removIng the two certificates that are In stnkethrough font and replacIng them with the "Review Officer's Certificate" shown with underlIned text REMOVE North Carollna County I, a Notary Publlc for sald County and State, do hereby certlfy that a regH:tered land £urveyor appeared before me thlE day and, acknowledged the executlon of the foregolng In£trument WltneEE In]' hand and offlclal seal, thlE the day of 19 (Offlclal Seal) Notary Publlc My comrnlSElon explreE , 19 REMOVE ST~TE OF NORTH C~ROLIN~ New Hanover County ~ The forego1ng cert1f1cate£ of Publ1C of New Hanover County, 1£ Th1£ the day of Dra'/ffi by Notary cert1f1ed to be correct. , 19 Reg1£ter of Deed£ by ADD REVIEW OFFICER'S CERTIFICATE State of North Carol1na County of New Hanover I, , Review Off1cer of New Hanover County, cert1fy that the map or plat to which th1S cert1f1cation 1S aff1xed meets all statutory requ1rements for recordinq ReV1ew Off1cer Date SectIOn 2 Any ordmance or any part of any ordmance m conflIct WIth thIS ordmance, to the extent of such conflIct, IS hereby repealed SectIOn 3 ThIS ordmance IS adopted m the mterest of publIc health, safety, morals and general welfare of the mhabItants ofthe County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn Adopted the 7th day of July 2003 r, ChaIrman 28.15.6 RESOLUTION OF CONTINUED SUPPORT OF THE ACQUISITION BY NEW HANOVER REGIONAL MEDICAL CENTER OF CAPE FEAR MEMORIAL HOSPITAL WHEREAS, by resolutIOn dated August 18, 1998, the New Hanover County Board of CommIssIoners unammously supported the acqUIsItIOn of Cape Fear MemorIal HospItal by New Hanover RegIOnal MedIcal Center, WHEREAS, a true and correct copy of the August 18, 1998 resolutIOn IS attached hereto, WHEREAS, m the August 18, 1998 resolutIOn, the New Hanover County Board of CommIssIoners made certam fmdmgs m support of the acqUIsItIOn of Cape Fear MemorIal HospItal by New Hanover RegIOnal MedIcal Center, WHEREAS, the fmdmgs made by the New Hanover County Board of CommIssIOners m the August 18, 1998 resolutIOn remam valId today, WHEREAS, New Hanover RegIOnal MedIcal Center acqUIred Cape Fear MemorIal HospItal from Columbla/HCA on November 1, 1998, WHEREAS, by a deed recorded m New Hanover County on November 2, 1998, New Hanover RegIOnal MedIcal Center conveyed the tItle to Cape Fear MemorIal HospItal to New Hanover County, North Carolma, WHEREAS, Cape Fear MemorIal HospItal IS owned by New Hanover County, North Carolma, WHEREAS, as a result of the acqulSltIOn, Cape Fear MemorIal HospItal became a publIc hospItal, lIke New Hanover RegIOnal MedIcal Center, that IS avaIlable to all cItIzens of New Hanover County, regardless of theIr abIlIty to pay, WHEREAS, there IS one Board of Trustees governmg New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal, the majorIty of WhICh Board IS appomted by the New Hanover County Board of CommIssIOners, and WhICh Board mcludes a New Hanover County CommIssIOner as a votmg member of the Board of Trustees, WHEREAS, on February 18, 1999, New Hanover County, North Carolma Issued $122,395,000 m hospItal revenue bonds (the "1999 bonds") m order to fmance the acqUIsItIon of Cape Fear MemorIal HospItal, WHEREAS, New Hanover County, North Carolma IS oblIgated to repay the 1999 bonds, WHEREAS, the revenues of both New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal are pledged to secure payment of the 1999 bonds, WHEREAS, New Hanover County's abIlIty to repay the 1999 bonds may be JeopardIzed If It IS forced to sell Cape Fear MemorIal HospItal, WHEREAS, New Hanover County today enjoys a favorable bond ratmg, WhICh enables It to borrow money for projects needed by New Hanover County at lower mterest rates, WHEREAS, New Hanover County's abIlIty to access the bond market for future projects needed by New Hanover County and to borrow money at lower mterest rates wIll be adversely Impacted If New Hanover County's abIlIty to repay the 1999 bonds IS JeopardIzed, WHEREAS, sIgmfIcant cltmcal and operatIOnal consoltdatIOn between New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal has occurred smce November 1, 1998, WHEREAS, sIgmfIcant operatIOnal and capItal cost savmgs have been realtzed through the consolIdatIOn of New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal, WHEREAS, New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal are no longer two separate and dlstmct hospItals, but mstead have been mtegrated mto a smgle hospItal conslstmg of two campuses, WHEREAS, the New Hanover County Board of CommIssIoners belIeves that the contmued consolIdatIOn of New Hanover RegIOnal MedIcal Center and Cape Fear MemorIal HospItal IS benefIcIal to the cItIzens of New Hanover County, WHEREAS, the New Hanover County Board of CommIssIOners belIeve that a forced dIvestIture of Cape Fear MemorIal HospItal would be harmful to the cItIzens of New Hanover County, and harmful to the fmancIal welfare of New Hanover County, WHEREAS, only New Hanover County has the authorIty to sell Cape Fear MemorIal HospItal, WHEREAS, New Hanover County must be a party to any sale of Cape Fear MemorIal HospItal, and WHEREAS, New HanoveI County does not WIsh to sell Cape Fear MemorIal HospItal m a forced dlvestltlture NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of CommIssIOners unammously re-affinns ItS support of the acqUIsItIOn of Cape Fear Memonal HospItal by New Hanover RegIOnal MedIcal Center ~~ 'I ~ r ThIS the7~ day of July, 2003