2002-03-11 RM Exhibits27.16.1
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 12:00 noon, on the 12th day of February, 2002, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and bids were received. for furnishings (as per
attached bid tabulation) for the Judicial Building, Bid # 02-0236;
AND WHEREAS, the bid received from Office Supply Services, Inc. was not complete and
therefore not considered;
AND WHEREAS, Mac Thrift Office Supply Furniture and Alfred Williams Express submitted
letters requested that their bids be withdrawn due to errors and therefore were removed from
consideration;
AND WHEREAS, the most cost efficient method is to award project by groupings made by
manufacturer as follows:
The Office Showcase:
Group 1 $6,942.10
Group 2 $57,067.38
Group 3 $684.60
Group 7 $17,943.52
Group 13 $4,151.37
Group 14 $2,278.42
Group 15 $2,464.47
Group16 $9,958.63
Group 20 $4,473.28
Total $105,963.77
Institutional Iriteriors:
Group 11
Group 18
$48,714.00
$24,708.00
:f:.'"
Total
$73,422.00
Raleigh Office Interiors:
Group 5 $6,214.96
Group 6 $20,367.68
Group 8 $23,096.51
Group 9 $7,440.72
Group 1 0 $1,375.88
Group 19 $1;084.50
Total $59,580.25
Interior Systems:
Group 4
Group 17
Total
$25,000.26
$16,600.00
$41,600.26
Carswell Business Systems:
Group 12
Total
$5,243.69
$5,243.69
AND WHEREAS, the Project Engineer, the Finance Director and the County M~nager
recommend that contracts be awarded to the following Vendors in the following amounts, each Vendor
being the lowest responsible bidder of the individual groupings listed above:
Carswell Business Systems
$105,963.77
$73,422.00
$59,580.25
$41,600.26
$5,243.69
$285,809.97
The Office Showcase
Institutional Interiors
Raleigh Office Interiors
Interior Systems
Total
\ \
~
AND WHEREAS, funds have been previously appropriated and are now in Account No.
370-434-3700-7300-6000 Job#JBLDGOIE to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contracts for furnishings for the Judicial Building, Bid # 02-0236 be awarded
to the vendors listed below in the amounts specified below; and that the County Manager is hereby
authorized and directed to execute the referenced contracts, contract form to be approved by the County
Attorney.
The Office Showcase
$105,963.77 Contract # 02-0236A
$73,422;00 Contract # 02-0236B
$59,580.25 Contract # 02-0236C
$41,600.26 Contract # 02-0236D .
$5,243.69 Contract # 02-0236E
$285,809.97
Institutional Interiors
Raleigh Office Interiors
Interior Systems
Carswell Business Systems
Total
This 11 th day of March, 2002.
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ATT~ST: / !./ /
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~k to the Board
~fJOf:.rd ~~unry Commissione~
27.16.2
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Department of Social Services purchased a queen
size hospital bed with safety rails in October 2000 for a client located at Century Care in Morehead
City;
AND WHEREAS, the bed is no longer needed and must be moved from the care facility in
Moorehead;
AND WHEREAS, the New Hanover Regional Medical Center is in need ofthis oversized
hospital bed and has agreed to handle transporting the bed to the hospital;
AND WHEREAS, the Department of Social Services is requesting approval to donate the
queen size hospital bed to New Hanover Regional Medical Center pursuant to General Statute
160A-279 with the understanding that the hospital will assume all responsibility and costs to -
transport the bed from the care facility in Moorehead City to Wilmington;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the queen size hospital bed with safety rails be donated to New Hanover
Regional Medical Center with the understanding that the hospital will assume all responsibility and
costs to transport the bed from the care facility in Morehead City to Wilmington and that the County
staff is directed to process any required documents to consummate the transaction.
This 11 th day of March, 2002.
(SEAL)
1d ili (t.
Chairman, Bo~f County Commissioners
I
27.16.3
RESOLUTION REQUESTING THE GOVERNOR OF NORTH CAROLINA
TO RESTORE FULL FUNDING OF STATE REIMBURSEMENTS OF
REPEALED TAXES TO LOCAL GOVERNMENTS
WHEREAS, local governments have been receiving reimbursements from the State to replace local revenues lost in
the late eighties when the General Assembly repealed certain local property taxes, and
WHEREAS, local governments have been highly committed to being fiscally responsible, and
WHEREAS, local governments provide essential services upon which the citizens of North Carolina depend, and
WHEREAS, local governments preparing their fiscal year 200 1-2002 budgets last year were promised and anticipated
funds in the form ofInventory Tax Reimbursements and Elderly Homestead Exemptions in order to provide essential
services, and
i
WHEREAS, the loss of this reimbursement during the fiscal year 2001-2002, after local governments have adopted
budgets and set tax rates, would have a significant impact on the operations oflocal governments and their ability to
provide essential services, and
WHEREAS, the loss of these reimbursements in future years would be detrimental to State mandated fund balancè
amounts and the ongoing operations of State mandated programs, including current expense and capital expense needs
of the local Boards of Education, and
WHEREAS, recent legislation signed by Governor Easley committed the State of North Carolina to funds for
distribution to North Carolina Cities and Counties for replacement of the repealed Inventory Tax Reimbursements and
other reimbursements.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that:
1. The Governor of North Carolina is requested to restore full funding of the Inventory Tax Reimbursements and
the Elderly Homestead Exemptions for fiscal year 2001-2002, and that
2. The Governor of North Carolina is requested to continue support for full funding of all State reimbursements
of revenues lost when the General Assembly repealed certain local property taxes, and that
3. The Clerk to the Board is instructed to forward this resolution to the Governor, the North Carolina General
Assembly, the North Carolina Association of County Commissioners, the North Carolina League of
Municipalities, the North Carolina Association of School Administrators and the North Carolina Department
of Public Instruction for their information.
Adopted this the II tll day of March, 2002.
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l;(~sQ2[) .
New Hanover County Board of Commissioners
27.16.4
NEW HANOVER COUNTY
BOARD OF COUNTY COMMISSIONERS
PROCLAMATION
WHEREAS, the welfare of our children is the most important responsibility we have as
parents, and children should be able to depend on support from both parents; and .
WHEREAS, children who do not-receive adequate financial and emotional support from
both parents may experience greater difficulty in becoming healthy, happy and productive
. citizens of this State; and
. WHEREAS, in cases where children do not receive financial and emotional support from
both parents the taxpayers of this State support the children whose parènts fail to meet this
responsibility; and' .
WHEREAS, many concerned and dedicated judges, district attorneys, . clerks of court,
sheriffs' personnel and child support enforcement professionals work -to establisha.nd
enforce child support for North Carolina's children, who are our future;
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
.Commissioners that March 2002 be declared Child Support Awareness Month in New
Hanover County, and that citizens be urged to support this observance.
Adopted the 11 tit day of March, 2002.'
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~arrell, Clerk to the Board
27.16.5
CONCURRENT RESOLUTION OF NEW HANOVER COUNTY'BOARD OF
COMMISSIONERS AND THE WILMINGTON CITY COUNCIL
REQUESTING ASSISTANCE BY THE NORTH CAROLINA DEPARTMENTOFI
TRANSPORTATION IN THE TIMELY FUNDING AND COMPLETION OF
FIVE PRIORITY ROADWAY PROJECTS
WHEREAS, five transportation improvement projects are vital to the area~s public safety; and
WHEREAS, the New Hanover County Board of Commissioners expresses their sincere appreciation to tl
Secretary of Transportation and Members of the Board of Transportation for their efforts to date in suppo
of these five critical projects; and
WHEREAS, the foIIowing organizations are unified in their support of these projects: the City .(
Wilmington, New Hanover County, Greater Wilmington Chamber of Commerce, Cape Fear Coæ
Convention & Visitors Bureau, Cape Fear Community CoIIege, Committee of 100, New Hanover S:ount
Airport Authority, New Hanover County School System, New Hanover Health Network, New Hanov(
County Board of Education, the North Carolina Black Chamber of Commerce, North Carolina' State Por1
Authority, North Carolina's Southeast, and the University of North Carolina at Wilmington; and
WHEREAS, these projects are key components of our Urban Area Transportation Plan which will proviê
area residents a safe and efficient transportation network, and the New Hanover County Board (
Commissioners remains committed to their timely completion; and
WHEREAS, New Hanover County and the City of Wilmington wiII ensure appropriate envirorunent<
guidelines, appropriate support of Land Use policies and concerns ahd appropriate community neighborhoo
economic concerns are investigated and resolved;
NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissionel
requests the North Carolina Department of Transportation's leadership and assistance in securing fundin
and ensuring the completion of the foIIowing ròad and highway projects: Continuation of theJndependenc
Boulevard extension from RandaII Parkway to Martin Luther King, J r. Parkway; Assurance that thewidenin
of Kerr Avenue to five lanes starts in 2008 as scheduled in the TIP; Assurance that the Wilmington By-pas
remains on schedule in Brunswick County; Examination of alternatives to relieve extreme traffic congest~o
at the interchange ofCoIIege Road and Oleander Drive; and the widening of Village Road from the Lelanc
BelviIIe interchange to Mount Misery Road. ,
Adopted this the eleventh day of March, 2002.
JdwQ.., .
Ted Davis, , Chairman
Attest:
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27.16.6
RESOLUTION (1) AUTHORIZING THE FILING OF AN
APPLICATION FOR APPROVAL OF AN INSTALLMENT
FINANCING CONTRACT AUTHORIZED BY NORTH
CAROLINA GENERAL STATUTES SECTION 160A-20 AND
(2) APPROVING AN INST ALLMENT FINANCING
AGREEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF DOCUMENTS IN CONNECTION
THEREWITH
WHEREAS: the Board has decided to pursue the financing of the preliminary funding
of the Shaw Speaks Building (the "Project") pursuant to an installment financing contract (the
"Contract"), as permitted under N.C.G.S. § 160A-20; and
WHEREAS: it is anticipated that the cost of the Project will not exceed $650,000,
including the cost of issuance thereof; and
WHEREAS: financing pursuant to N.C.G.S. § 160A-20 must be approved by the
North Carolina Local Government Commission (the "LGC") and will only be approved if the
findings of N.C.G.S. § 159-151(b) are met; and
WHEREAS: the Board has this day held a public hearing with respect to the Project
and the Contract; and
WHEREAS: the staff of the County has solicited bids for the financing from numerous
financial institutions, and has recommended that the proposal of Bank of America, N.A. be
accepted; and
WHEREAS, pursuant to the North Carolina General Statutes, the-County is authorized
to acquire real or personal property or to construct or repair fixtures or improvements on real
property; and
WHEREAS, the County desires to finance the Project; and
1
WHEREAS, the County desires to finance the Project by the use of an installment
contract authorized under North Carolina General Statutes Chapter 160A, Article 3, Section
20, which will be secured by a deed of trust on the Project; and
WHEREAS, it is anticipated that the North Carolina Local Government Commission
will approve the Project and the financing thereof contemplated hereby at its meeting on
March 11, 2002; and
WHEREAS, there have been presented to th,e Board substantially final forms the
following documents which Bank of America, N.A. (the "Lender") and the County propose to
use in connection with the financing of the Project:
(a) Installment Financing Agreement between the County and the Lender in the
principal amount of not to exceed $650,000 (the "Agreement"); and
(b) Deed of Trust and Security Agreement from the County to a trustee in favor of
the Lender (the "Deed of Trust" and, together with all other security documents required by
the Lender, the "Security Documents");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY, meeting in regular session at Wilmington, North Carolina,
on March 11, 2002, as follows:
1. The Chairman, other officers, and the employees of the County are hereby
authorized and directed to proceed with the Project and are hereby authorized and directed to
deliver all certificates and instruments and to take all such further action as they may consider
necessary or desirable in connection with execution of the Agreement, the Security Documents
2
and the undertaking of the Project.
2. The proposed Contract is necessary and expedient because it will enable the
County to expand its services to juveniles in the County.
3. The proposed Contract is preferable to a "general obligation bond issue for the
same purpose because of the particular needs to be financed, the short term nature of the
financing, the aggregate volume of financings to be accomplished and the desirability of
having available the alternativè' financing structures and repayment provisions possible in the
propOsed negotiated installment financing.
4. The cost of the proposed undertaking exceeds the amount of funds that can be
prudently raised from currently available appropriations, unappropriated fund' balances, and
non-voted general obligation bonds that could be issued by the County in the fiscal year
pursuant to Article V, Section 4, of the North Carolina Constitution. The Project is non-
revenue producing so revenue bonds are not an option.
5. The cost of financing under the proposed Contract is not greater than the cost of
issuing general obligation bonds.
I~
6. The sums to be provided under the Contract are adequate and not excessive for
the stated purposes of acquiring the Project.
7. The County I s debt management procedures and policies are good and have been
carried out in strict compliance with law and will henceforth be so carried out.
8. Any increase in taxes necessary to meet the sums estimated to fall due under
such proposed installment financing agreement will not be excessive.
3
· r·,
9. The County is not in default in any of its debt service obligations.
10. The attorney for the County has rendered an opinion that the proposed Project is
authorized by law and is a purpose for which public funds may be expended pursuant to the
Constitution and laws of the State of North Carolina.
11. The Chairman , other officers of the County or County staff are hereby
authorized and directed to make application to the LGC in connection with the Project and the
financing therefore.
12 The County hereby approves the selection of Bank of America, N .A. (the
"Bank") to provide the financing, in accordance with the term sheet dated February 5, 2002
from the Bank to the County.
13. All other acts of the Board and the officers of the County which are in
conformity with the purposes and intent of this Resolution and in furtherance of the financing
of the Project are hereby approved and confirmed.
14. The Chairman of the Board is hereby authorized and directed to execute and
deliver the Agreement and the Deed of Trust, which shall be in substantially the form
presented to the Council, which are hereby approved, and the other Security Documents, with
such completions, omissions, insertions, and changes as may be approved by the Chairman,
including such changes as may be required by the North Carolina Local Government
Commission, such execution to constitute conclusive evidence of his/her approval of any such
completions, omissions, insertions and changes. The Clerk to the Board shall attest and seal
such dócuments as require the Clerk's attestation and the,seal of the County.
./
4
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15. To the extent permitted by law, the officer or employee of the County as may
be responsible from time to time for the preparation of the annual budget of the County, is
hereby authorized and directed to carry out the obligations imposed by the Agreement on such
officer or employee.
16. All other actions of the officers of the County which are in conformity with the
purposes or intent of this resolution and in furtherance of the execution of the Agreement and
the undertaking of the Project, including the execution of the Security Documents, are hereby'
ratified, approved and confirmed. The representations of the County made in the Agreement
and the Security Documents are hereby confirmed. The approval by the County of the
Agreement and the Security Documents is contingent upon approval of the Agreement by the
North Carolina Local Government Commission.
17. All Resolutions or parts thereof in conflict herewith are hereby repealed.
18. This Resolution shall take effect immediately.
Commissioner Julia Boseman moved the passage of the foregoing Resolution and
Commissioner Nancy H. Pritchett seconded the motion, and the Resolution was passed by the
following vote:
Ayes:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Robert G. Greer, Vice-Chairman
Julia Boseman,
William A. Caster
Nancy H. Pritchett
5
~¡ . .- ...::-" ...
Nays:
Commissioner:
Ted Davis, Jr., Chairman
\..
Commissioners Not Voting: None
This 11 th day of March, 2002.
(SEAL)
1d D(b; \}
Chairman, Board of County Commissioners
c¥:v ~~
Clerk to the Board
6
27.16.6
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
Excerpt of Minutes
. .. of Meeting on
March 11, 2002
Present: Chairman Ted Davis, Jr., presiding, and Vice-Chairman Robert G. Greer,
Commissioners Julia Boseman, William A. Caster; and Nancy H. Prit¿hett.
Absent: None
* * * * * * * * * * * * * * *
The Chairman stated that a Notice of Public Hearing was published on February 28, 2002,
in the Wilmington Star News and that the Board of Commissioners (the "Board") of New
Hanover County (the "County") would hold a public hearing regarding the execution of an
installment financing contract in connection with the proposed purchase of the Shaw Speaks
Building to be used for a juvenile day care reporting facility.
At 6:50 o'clock p.m., the Chairman declared the public hearing open and announced the
Board would hear anyone who wished to be heard on the proposed funding of the purchase of the
Shaw Speaks Building project.
No public comment was received._
After hearing no comments, the Chairman closed the public hearing.
The Chairh1an then asked the Board to consider and take action on a resolution approving
the acquisition of the Shaw Speaks Building project through an installment financing contract.
Commissioner Boseman introduced the following resolution which was discussed and its
title was read:
RESOLUTION (1) AUTHORIZING THE FILING OF AN
APPLICATION FOR APPROVAL OF AN INSTALLMENT
FINANCING CONTRACT AUTHORIZED BY NORTH
CAROLINA GENERAL STATUTES SECTION 160A-20
AND (2) APPROVING AN INSTALLMENT FINANCING
AGREEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF DOCUMENTS IN CONNECTION
THEREWITH
/
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,.-.'.
-
WHEREAS: the Board has decided to pursue the financing of the preliminary funding of the
Shaw Speaks Building (the "Project") pursuant to an installment financing contract (the "Contract"),
as permitted under N.C.G.S. § 160A-20; and
WHEREAS: it is anticipated that the cost of the Project will not exceed $650,000, including
the cost of issuance thereof; and
WHEREAS: financing pursuant to N.C.G.S. § 160A-20 must be approved by the North
Carolina Local Government Commission (the "LGC") and will only be approved if the findings of
N.C.G.S. § 159-151(b) are met; and
WHEREAS: the Board has this day held a public hearing with respect to the Project and the
Contract; and
WHEREAS: the staff of the County has solicited bids for the financing rrom numerous
fmancial institutions, and has recommended that the proposal of Bank of America, N.A. be accepted~
and
WHEREAS, pursuant to the North Carolina General Statutes, the County is authorized to
acquire real or personal property or to construct or repair fixtures or improvements on real property;
and
WHEREAS, the County desires, to finance the Project; and
}
WHEREAS, the County desires to finance the Project by the use of an installment contract
authorized under North Carolina General Statutes Chapter 160A, Article 3, Section 20, which will be
secured by a deed of trust on the Project; and
WHEREAS, it is anticipated that the North Carolina Local Government Commission will
approve the Project and the financing thereof contemplated hereby at its meeting on March 11, 2002;
and
WHEREAS, there have been presented to the Board substantially final forms the following
documents which Bank of America, N.A. (the "Lender") and the County propose to use in connection
with the financing of the Project:
(a) Installment Financing Agreement between the County and the Lender in the principal
'.
amount of not to exceed $650,000 (the "Agreement"); and
(b) Deed of Trust and Security Agreement :fi:om the County to a trustee in favor of the
Lender (the "Deed of Trust" and, together with all other security documents required by the Lender,
the "Security Documents");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY, meeting in regular session at Wilmington, North Carolina, on March
11, 2002, as follows:
1. The Chairman, other officers, and the employees of the County are hereby authorized
and directed to proceed with the Project and are hereby authorized and directed to deliver all
certificates and instruments and to take all such further action as they may consider necessary or
desirable in connection with execution of the Agreement, the Security Documents and the undertaking
of the Project.
2. The proposed Contract is necessary and expedient because it will enable the County to
expand its services to juveniles in the County.
3. The proposed Contract is preferable to a general obligation bond issue for the same
purpose because of the particular needs to be fmanced, the short term nature of the financing, the
v
aggregate volume of financings to be accomplished and the desirability of having available the
alternative financing structures and repayment provisions possible in the proposed negotiated
installment financing.
....
--.
4. The cost of the proposed undertaking exceeds the amount of funds that can be
prudently raised from curren~y available appropriations, unappropriated fund balances, and non-voted
general obligation bonds that could be issued by the County in the fiscal year pursuant to Article V,
Section 4, ofthe North Carolina Constitution. The Project is non-revenue producing so revenue bonds
are not an option.
5. The cost of financing under the proposed Contract is not greater than the cost of
issuing general obligation bonds.
6. The sums to be provided under the Contract are adequate and not excessive for the
stated purposes of acquiring the Project.
7. The County's debt management procedures and policies are good and have been
carried out in strict compliance with law and will henceforth be so carried out.
8. Any increase in taxes necessary to meet the sums estimated to fall due under such
proposed installment financing agreement will not be excessive.
9. The County is not in default in any of its debt service obligations.
10. The attorney for the County has rendered an opinion that the proposed Project is
authorized by law and is a purpose for which public funds may be expended pursuant to the
Constitution and laws of the State of North Carolina.
11. The Chairman, other officers of the County or County staff are hereby authorized and
directed to make application to the LGC in connection with the Project and the financing therefore.
12 The County hereby approves the selection of Bank of America, N.A. (the "Bank") to
provide the financing, in accordance with the term sheet dated February 5, 2002 from the Bank to the
, County.
;;;... ~
13. All other acts of the Board and the officers of the County which are in conformity with
the p.urposes and intent of this Resolution and in furtherance of the financing of the Project are hereby
approved and confirmed.
14. The Chairman of the Board is hereby authorized and directed to execute and deliver
the Agreement and the Deed of Trust, which shall be in substantially the form presented to the
Council, which are hereby approved, and the other Security Documents, with such completions,
omissions, insertions, and changes as may be approved by the Chairman, including such changes
as may be required by the North Carolina Local Government Commission, such execution to
constitute conclusive evidence of his/her approval of any such completions, omissions, insertions
and changes. The Clerk to the Board shall attest and seal such documents as require the Clerk's
attestation and th~ seal of the County.
15. To the extent permitted by law, the officer or employee of the County as may be
responsible. fÌom time to time for the preparation òf the annual budget Qf the County, is hereby
authorized and directed to carry out the obligations imposed by the Agreement on such officer or
employee.
16. All other actions of the officers of the County which are in conformity with the
purposes or intent of this resolution and in furtherance of the execution of the Agreement and the
undertaking of the Project, including the execution of the Security Documents, are hereby ratified,
approved and confirmed. The representations of the County made in the Agreement and the Security
Documents are hereby confirmed. The approval by the County of the Agreement and the Security
Documents is contingent upon approval of the Agreement by the North Caròlina Local Government
Commission.
(
17.
All Resolutions or parts thereof in conflict herewith are hereby repealed.
·... '.
. :;;;:-. .
18. This Resolution shall take effect immediately.
Commissioner Boseman moved the passage of the foregoing Resolution and Commissioner
Pritchett seconded the motion, and the Resolution was passed by the following vote:
Ayes:
Commissioner:
Robert G. Greer, Vice-Chairman
Commissioner:
Julia Boseman
Commissioner:
William A. Caster
Commissioner:
Nancy H. Pritchett
Nays:
Commissioner:
Ted Davis, Jr., Chairman
This 11th day of March, 2002.
(SEAL)
1d {)~ Cl
~
Chairman, Board of County Commissioners
ATTEST:
~v/~
Clerk to the Board
...... ..
,,...::..,,
Exhibit A
Certificate and Summary
The undersigned Clerk to the Board of Commissioners of New Hanover County, North
Carolina, hereby certifies:
,
1. Notice of a public hearing (the "Hearing") to be held on March 11, 2002, with
respect to the financing of the purchase of the Shaw Speaks Building thereof as a juvenile day
care reporting facility through an installment financing agreement was published on February 28,
2002, in the Wilmington Star News.
2.
The presiding offic,er of the Hearing was Ted Davis, Jr., Chairman of the Board.
3.
Hearing:
The following is a list of the names and addresses of all persons who spoke at the
No public comment was received.
IN WITNESS WHEREOF, my hand and the seal of New Hanover County, this~*ðay
of March, 2002.
r;eA~_·~ \_/ ~ .
"-éÍ~~ard of Commissioners
New Hanover County, North Carolina
RALEIGH 170031vl
27.16.7
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
A-313,11/01
The Board of Commissioners of New Hanover CoÙnty, North Carolina, does hereby
ordain that Chapter 23, Environment, Article VII, Stormwater Management, Division 6, New
Development, Section 23-432, of the New Hanover County Code be amended as follows:
Amend Subsection (f) of Section 23-432, Applicability, as follows:
(f) All projects subject to the provisions of this article shall require the issuance
of an "Authorization-To-Construct" by the County following approval of
construction plans for subdivisions and before receiving building permits for
non-subdivision projects.
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. Except as specifically herein amended,
Chapter 23 shall remain in full force and effect.
Adopted the 11 th day of March, 2002.
NEW HANOVER COUNTY
TftaQ~.'~i;man
Board of Commissioners
~~J~
"'-/= to the Board
27.16.8
ADDENDUM TO:
A-313, 11/01 '
ADD
, 32-3(3)C
Noland-disturbing activity or tree removal may begin on any site subject to the provisions of
this ordinance until all applicable County Permits have been issued.
Adopted the 11 th day of March 2002.
Attest:
Íf!¿ fl~ Qi~an
(£~~v!~
"'--/€ to the Board
AN ORDINANCE OF THE COUNTY OF
NE\V HANOVER, NORTH CAROLINA
AMENDING THE SUBDIVISION REGULATIONS OF
NE\V HANOVER COUNTY ADOPTED
OCTOBER 18, 1965
A-313,11/01
I
;.1
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Subdivision Regulations of the County of New Hanover, North Carolina
adopted October 18, 1965, as amended be and the same is hereby further amended as follows:
Revise
*50-2 Improvements
Following approval of the preliminary plan, the sub-divider shall submit to the
County Engineer and other appropriate State and local a,gencies design and
construction plans for the installation of the improvements as required by the
Ordinance and other specifications and policies of New Hanover County.
ADD
*50-3 Upon satisfactory completion of the construction plans, the County
Engineer shall issue an approval letter for the installation of the required
improvements in accordance \vith the approved plans and the design
standards specified in this Ordinance. The Planning Department, in
conjunction \vith the appropriate agencies shall revie\v and approve all
required improvements prior to the Final Plat being approved.
ADD
*50-4 Construction Procedures
(1) Access -All public agencies shall have access to the premises and
structures of a subdivision under this chapter during reasonable hours to
make those inspections deemed necessary by them to ensure compliance
with the provisions of this Ordinance.
(2) Inspection - The subdivider and !òr contractors, prior to commencing
any work within the subdivision. shall notify those public agencies charged
with the enforcement of the provisions of this Ordinance to allow
scheduling for adequate inspection of these improvements.
Section 20 Definitions
ADD
20-23 Plans. Constructions: Plan. profile, and detail drawings sufficient to indicate
the construction of all improvements associated with the property to be
subdivided. prepared by a professional. legally recognized by a State of
North Carolina licensing board as being licensed to perform such activities
or undertakings.
Section 32 Preliminary Plan
Revise
32-2(3)
The name and address of the owner, and the individual or firm preparing the
plan; construction plans, if included shall be prepared by a professional,
legally recognized by a State of North Carolina licensing board as being
licensed to perform such activities or undertakings.
I
/
Revise'
32-3(3) Preparation of Construction Drawings
Upon approval of the preliminary plan, the subdivider may proceed in
accordance \vith the preliminary plan as approved and the requirements of
this Ordinance in the preparation of Construction Drawings. .
a) Construction Plans and drawings shall be submitted and approved by
- the county engineer or other agencies p'rior to the install~tion of any required
improvements.
b) Following the installation of the required improvements the súbdivider
may proceed in accordance with the preliminary plan as approved
and the requirements of the Ordinance in the preparation of a final plat.
Revise
32-4 Building Permits Issuance
Subject to sewer availability, building permits may be issued after approval
of Construction Plans. Such preliminary approval of building permits shall in
no way alter the requirement that the final plat be recorded in the office of
the Register of Deeds prior to the sale or lease of land or buildings within the
subdivision. .
Section 2. Any ordinance'or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption
Adopted the Th day of January 2002.
/ Q'
lL(dQ:x, Chairman
Attest: