2002-07-08 RM Exhibits27.23.1
New Hanover County
Board of Commissioners
Resolution
~ .
WHEREAS, New Hanover County is interested in providing financial
.-
,. . support to human service agencies that serve public purposes; and
WHEREAS, New Hanover County is interested in providing financial
support to agencies that benefit the citizens of the County.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County
Board of Commissioner~:
That the County Manager is authorized and directed to enter into the
appropriate contracts with outside agencies for the amount of funding
approved in the New Hanover County fiscal year 2002-2003 budget.
Signed this the 8th day of July 2002.
.\
:Go~[)
Chairman, New Hanover County
Board of Commissioners
(jf'JV~~
L~~ F. Harrell, Clerk to the
Board
27.23.2
RÈSOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 2:00 p.m., on the 24th day of June, 2002, at the County Administration Building, 320 Chestnut
Street, Wilmington, North Carolina, and the following bids were received for Demolition of Houses and
Removal of Debris for the Planning Department, Bid # 02-0291:
Bidder
Proposal
Port City Builders, Inc.
Paragon Building Corporation
Atlantic Diving & Marine Contractors, Inc.
$77,418.00
$126,996.00
$147,500.00
$147,500.00
$311,645.86
Insight Builders, Inc.
Gaines & Associates Builders, Inc.
AND WHEREAS, the Planning Director, the Finance Director and the County Manager recommend
that the contract be awarded to Port City Builders, Inc. of Wilmington, North Carolina, the lowest
responsible bidder, in the amount of seventy-seven thousand, four hundred eighteen dollars ($77,418.00);
AND WHEREAS, the County has been notified that one hundred eighty-seven thousand five
hundred dollars ($ 187,500.00) has been approved through Hurricane Floyd FEMA funds for this purpose
and budget amendment # 03-0005 is attached to appropriate such funds in account # 110-433-4324-3700 to
cover this contract and other costs related to this project;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the contract for Demolition of Houses and Removal of Debris for the Planning Department, Bid
# 02-0291 be awarded to Port City Builders, Inc. in the amount of seventy-seven thousand, four. hundred
eighteen dollars ($77,418.00); and that the County Manager is hereby authorized and directed to execute the
contract, contract form to be approved by the County Attorney; and that budget amendment # 03-0005 is
approved.
This 8th day of July, 2002.
/'
7 LáQ~Û~ounty Commissione"
TT ST: I IA /
'\7" /Y~
C erk to the Board . -
27.23.3
RÉšötuTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County is a coastal community lying between the
Atlantic Ocean, the Cape Fear River, and the Northeast Cape Fear River;
AND WHEREAS, coastal communities are subject to be struck by natural
disasters including, hurricanes, tornadoes, floods, and ice storms;
AND WHEREAS, New Hanover County has a recent history of being struck by
six named hurricanes since 1996;
AND WHEREAS, the Board of Commissioners are responsible for the safety and
welfare ofthe citizens of New Hanover County;
AND WHEREAS, debris from natural disasters may jeopardize the safety and
welfare of the citizens and negatively effect the economy of New Hanover County;
AND WHEREAS, the New Hanover County Department of Environmental
Management has been delegated the responsibility of solid waste management to include
the removal of debris caused by natural disasters;
AND WHEREAS, to expedite the recovery from a natural disaster by removing
debris in as timely a manner as is feasible, the Department of Environmental
Management has requested that a pre-position contract be in place to secure contracted
services for debris removal;
AND WHEREAS, in accordance with normal purchasing procedures, a Request
for Proposals was duly advertised and bids were received and read on Friday, June 28,
20.02, for debris removal in the event of a natural disaster;
D&J, Enterprises, Inc.
Grubbs Emergency
Services, Inc.
DRC, Inc.
Phillips & Jordan, Inc.
AND WHEREAS, bids were received as follows:
Bidder Construction/Demolition
Removal
$9.87/cubic yard
$ 14.95/cubic yard
Vegetative Debris Removal
and Disposal
$8.79/cubic yard
$10.00/cubic yard
$19.25/cubic yard
$29.95/cubic yard
. $14.85/cubic yard
$8.95/cubic yard
AND WHEREAS, D&J Enterpris~s, Íriè, is the äpparent low bidder and has
provided similar services for New Hanover County having removed debris caused by
Hurricanes Bertha and Fran in 1996;
AND WHEREAS, it is the desire of the Board of Commissioners and the
Department of Environmental Management to have a pre-position contract in-place to
activate in the event that a natural disaster should strike New Hanover County;
AND WHEREAS, no funds will be expended for this contractual arrangement
until such time as a Notice to Proceed is authorized by the Board of Commissioners in
response to a natural disaster;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of New Hanover County that pre-position contract Number 02 - 0396 for
the removal of debris caused by a natural disaster be awarded to D&J Enterprises, Inc. of
Auburn, Alabama, and that the County is hereby authorized and directed to execute.
contract, contract form to be approved by the County Attorney.
This the 8th day of July, 2002.
NE)Y
fI)
Ted Davis, rman
Board of County Commissioners
ATTEST:
~.~~
27.23.4
Resolution Requesting the North Carolina General Assembly to Honor Funding
Obligations to Flood Victims: Hurricane Floyd Crisis Housing Assistance
WHEREAS, Hurricane Floyd struck Eastern North Carolina on September 16, 1999,
causing widespread flooding and damage to real and personal property;
WHEREAS, the North Carolina General Assembly and Governor Jim Hunt recognized
the magnitude of the disaster and established recovery programs under the umbrella of
Crisis Housing Assistance to help affected residents rebuild their homes and designated
the State's "rainy day fund" as the source of grant funds;
WHEREAS, the deadline for submission of applications to the State of North Carolina
was February 28, 2001;
WHEREAS, the State of North Carolina developed policy for the Crisis Housing
Program based on the legislation passed by the General Assembly; these policies being
dated July 23, 2000 through April 9, 2002.
WHEREAS, local government units did not receive funding approvals, which is the
authorization to spend funds, until the Summer of2001, preventing us from assisting
families until this past year;
WHEREAS, Governor Mike Easley has escrowed $150 million of the Crisis Housing
funds to pay expenses for the remainder of the 2001-02 fiscal year leaving a balance of
approximately $115 million statewide to complete repair and replacements;
WHEREAS, the Senate's proposed budget for fiscal year 2002-03 includes an additional
$100 million be re-allocated from the Crisis Housing program.
WHEREAS, there are currently 471 contracts already éxecuted awaiting closing.
NOW, THEREFORE, the Cape Fear Region, comprising Brunswick, Columbus, New
Hanover and Pender Counties, request that Crisis Housing Assistance funding remain
untouched as a mechanism to balance the State budget and "the Governor and the North
Carolina General Assembly do not victimize the flood victims again, there are currently
616 families that will not receive any assistance if these funds are removed.
This the /~ day of July, 2002.
Jd (l0,
Chairman
av.¥ß/MÞL
C~k to the Board
27.23.5
NEW HANOVER COUNTY BOARD OF COilllISSIONERS
RESOLUTION
WHEREAS, John Jay Burney, Jr. was born on October 5, 1924 and raised in Wilmingtc
New Hanover County, North Carolina; and .
WHEREAS, John Jay Burney, Jr. graduated from New Hanover High School in 1943; a
WHEREAS, John Jay Burney Jr. served as a Staff Sergeant in the 25411 Infantry, Compa
A, 63rd Division of t~e United States Army from June 1943 to ~e.ptember 1945 and received:
Combat Infantryman s Badge, Bronze Star Medal, Puryle Heart wüh 2 Oak Leaf Clusters, Medal
de Services V ointaires - dan la France Libre, Medaille de laFrance Libre, Arms of the City
Colmar and Battle de Jebsheim; and
WHEREAS, John Jay Burne;, Jr. graduated with a Bachelor of Science degree from Wa
Forest College in 1950 and with a LL.B. degree from Wake ForestCollege Law School in 195
and
. WHEREAS, John Jay Burney, Jr. received his license to practice law in North Caroli
State Courts in 1951 and is a charter member of the North Carolina Academy of Trial Lawyers; a'
WHEREAS, John Jay Burney, Jr. served as Solicitor for the Eighth Solicitorial District
N orthCarolina from 1954 to 1963 ;and .
WHEREAS, John Jay Burney, Jr. served as a State Senator in the General Assembly
North Carolina in 1967, 1969 and 1911; and . . '.
WHEREAS, John Jay Burney Jr. served as a Trustee of theUniverj,ty of North Caroli
at Wilmington from 1981 to 1989, and was the Chairman from 1982 to 1984; and
WHEREAS, John JayBurney, Jr. is and has been involved in numerous civic and soc.
organizations contributing to the enrichment and enhancement of N,ew Hanover County.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board
C~mmissioners respectfl!lly reguests the North Carolina Board of Transportation to name fhe U.
HIghway 17 connector from the 1-40 Interchange to the Pender County line in honor of John J
Burney, Jr. in appreciation for his outstanding service to the United States of America, the State
North Carolina and New Hanover County. '.
ATTE.....T ;~..-?'~
. ;:, . "~..,.
JyA~ jJ~'~';
A~d fi..c· th'Qh day ofJuly, 20e
I d (fJJili. '
Ted, Davis, Jr., lainnan .
27.23.6
¡NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
LEVYING THE THIRD ONE-HALF CENT (l/2¢)
LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING
THE METHOD OF DISTRIBUTION OF THE PROCEEDS
WITHIN NEW HANOVER COUNTY
WHEREAS, . the General Assembly has authorized the New Hanover County Board of;
Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S.
105-517(b) in 'Section 34.14(a) of Session Law 2001-424; and,
WHEREAS, the New Hanover County Board of Commissioners held the public hearing on
the issue of adopting this resolution on July 8, 2002, as required by N,C.G,S. 105-517(b) and proper
public notice of the Board's intent to consider this resolution was provided as required by N. C. G. S,
1 05-517(b); and,
WHEREAS, the General Assembly levied a one-half percent (1/2%) State sales tax effective
October 16,2001, by enacting Section 34.14(a) of Session Law 2001-424, and this tax expires July
1, 2003, the same day the sales and use tax levied hereby becomes effective unless sooner if allowed
by law; and, .
WHEREAS, as of July 1, 2003, New Hanover County will lose $4,5 million in funds made
available by the State of North Carolina to replace revenue lost because oflegislative action: (1) to I
repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes
imposed on inventories held by manufacturers, retailers, and wholesalers; (3) to repeal taxes on
intangible personal property; and, (4) to reduce taxes levied on residential property owned by'
low-income elderly taxpayers; and,
WHEREAS, the New Hanover County Board of Commissioners hereby finds that, particularly
in light of the circumstances cited herein, the levy of the Third One-Half Cent (l/2¢) Local
Government Sales and Use Tax is necessary to adequately finance the operations of the County and
the cities and towns herein,
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of
Commissioners:
1. May impose and levy within New Hanover County the Third One-half
Cent (l/2¢) Local Government Sales and Use Tax authorized by
Section 34. 14(a) of Session Law 2001-424 and codified as Article 44
of Chapter 105 of the General Statutes of North Carolina. The tax if
imposed and levied shall apply to the same extent and be subject to the
same limitations as are set forth in said Session Law 2001-424,
2. Collection of the tax by the North Carolina Secretary of Revenue, and
liability therefore, shall begin and continue if the tax is enacted on and
after July 1, 2003, or sooner, if allowed by law,
3,
The net proceeds of the tax levied herein would be distributed by the
Secretary of Revenue on a monthly basis to New Hanover County as
prescribed by N,C.G.S. 105-520. The amount distributed to New
Hanover County would be divided among the County and the
municipalities herein in accordance with the method by which the one
percent (1%) sales and use taxes levied in New Hanover County
pursuant to Article 39 of General Statutes Chapter 105 are
distributed.
-.",
4, This Resolution is effective upon its adoption, and a certified copy
hereof shall be forwarded to the North Carolina Secretary of Revenue.
Adopted this 8th day of July, 2002.
MaOOan
New Hanover County Board of Commissioners
Attest:
(}2-'~JV'¥~
"- ~~o the Board
27.23.7
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North
Carolina, does hereby ordain that Chapter 44, Solid Waste, Article
II, Collection and Disposal, Section 44-43.5, of the New Hanover
County Code, be amended as follows:
Change the effective date as set forth ln Section 44-
43.5, as follows:
The effective date of Section 44-43.5 will be July 8,
2002.
Except as specifically referenced herein, the existing
provisions of Chapter 44 shall remain in full force and effect.
This the 8ili day of July, 2002.
NEW HANOVER COUNTY
~~~~'Chairman
Board of County Commissioners
œ,\/;ý~
c~rk to the Board
~
27.23.8
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6,1969
A-319,06/02
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
ADD To
Section 51.5-2 8.
Prolects proposinq more than 150 dwellinq units shall have
the option of seekinq Preliminary approval; in two phases:
Phase One - General Development plan and phase Two -
Preliminary Approval.
(a) Phase One - General Development plan shall confer upon
the applicant the followinq riqhts for a period of five
years: the total number of dwellinq units, and the
qeneral type (sinqle-family detached or attached,
townhouses, apartments, patio homes, etc)
In reviewing the General Development Plan, the Planninq
Board shall indicate the followinq which shall not vest,
but still be presumed to be valid at Phase Two -
Preliminary Approval subiect to enqineerinq and
environmental considerations:
1. the location of collector roads.
2. the qeneral location and density of the various
types of dwellinqs.
(b) Phase Two - Followinq approval of the General
Development Plan the applicant shall proceed with Phase
Two - Preliminary Plan Approval
ADD To
Section 102-4
Revisions for Performance Residential and ~iqh Density
Development shall be reviewed the same as anoriqinal
submittal in accordance with the site plan requirements.
Such revisions shall be limited to those areas still owned
by the developer. Density calculations shall not include
land areas already platted and/or sold.:
.. .
AMEND
Section 51.5-2 6.
6. All undivided areas within the development (other than
street rights-of-way, parking, and structures) shall be
designated as open space. The open Gp~ce Gh~ll meet
Such open space shall be offered to the public or
encumbered for the perpetual benefit of the residents in
accordance with the requirements of Section 69.1 of this
Ordinance.
AMEND
Section 51.5-2 12.
12. Any land designated as open space may be used in
calculating the density for a proposed development ~nd m~y
be ret~ined by the developerl subject to, the provisions of
Section 69.1 hereof. (12/11/84)
AMEND
Section 59.4-4 (4) (A) 3.
3. The owner of the parcel on record may retain sole.
ownership of the conservation space provided the
conservation space has not been used in calculating
residential density The conservation'space shall not
be subdivided
AMEND
Section 59.4-4(4) (A)4. (b)
(b) All lots or units within the development shall,
have direct access to all conservation space as
provided by means of public dedicated streets or
dedic~ted w~lkw~YG within the development or by
the fact of physical contiguity to other public
land or lands in common ownership of all
residents
AMEND
Section 69.1(2)
(2) Access to open space- All lots or units cr~ated w~thin the
development shall have direct access to all open space and
recreational facilities, as provided, by means of public
dedicated streets or dedic~ted_walkways.within·the
development or by the fact of physical contiguity to other
public land or lands in common ownership of all residents
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 3: This ordinance is adopted in the interest of public health; safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption
Adopted the 8th day of July 2002.
~DQ{1~~
,.
27.23.8
AN ORDINANCE OF THE COUNTY QF
NEW HANOVER, NORTH CAROLINA
AMENDING THE SUBDIVISION REGULATIONS OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 18, 1965
A-319,06/02
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 furt4er amended as follows:
AMEND
Section 33(2)
(2) The subdivider shall submit a final plat for all or part
of the approved preliminary plan within 24 months of the
preliminary approval date. If a final plats or Gcction
thcrcof iG are not submitted within this 24-month time
limit; or if thcrc iG ~ l~pGC of morc th~n 21 .monthG in
thc Gubmitt~l of ~ny GubGcqucnt Gcction, the plat must be
resubmitted as a preliminary plan in accordance with this
Ordinance. Otherwise, the preliminary plan approval shall
become void unless an extension of time is applied for
prior to the expiration of 24 months. (5/5/97)
The Planninq Board may qrant extensions for an additional
year not to exceed a total extension time' of 24 months.
..
~,~ .
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, t9 the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption '
Adopted the 8th day of July 2002.
/dWfÆÞQ, ·
Ted Davis, Jr.'i Chairman
" Attest:
27.23.9
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, in closed session on Monday, June 17,2002 staff was instructed regarding the
negotiation of terms for a possible acquisition of real estate pursuant to General Statute Section 143-
318.11 (a) (5) and directed to pursue negotiation for acquisition of real property;
AND WHEREAS, pursuant to General Statute Section 143-318.1 1 (a)(5) in a closed session on
Friday, June 21,2002 the Board of County Commissioners took action to pursue purchase of property
from Corning, Inc. at Market Place Mall and directed and authorized the Finance Officer, County
Manager and County Attorney of New Hanover County (or their designee) to act on behalf of the
County of New Hanover in regards to the acquisition of the Corning Property at Market Place Mall in
preparation of the purchase agreement, the Local Government Commission application, environmental
studies, financing, related budget amendments and other actions not inconsistent with this resolution;
AND WHEREAS, the Board of County Commissioners has approved contract of purchase for
subject property at an open meeting on July 8, 2002; .
AND WHEREAS, financing for the Federal Point Fire Station Project also needs to be secured;
. ,
AND WHEREAS, combining the costs of the Federal Point foire Station Project and the
acquisition cost of the Corning, Inc. property at Market Place Mall will allow the County to secure a
competitive financing rate;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for the purchase of the Corning, Inc. prbperty at Market Place Mall
is approved; and also be it further resolved that the Finance Officer, County Manager and County
Attorney (or their designee) of New Hanover County are hereby authorized 'and directed to act on behalf
of the County of New Hanover in regards to the acquisition of the Corning, Inc. property at MarketPlace
Mall, in the preparation of the Local Government Commission application, environmental studies,
financing, related budget amendments, and other actions not inconsistent with this resolution; and also
be it further resolved that the Federal Point Fire Station Project cost shall be grouped with the
acquisition cost of the purchase of the Corning, Inc. property at Market Place Mall and the Finance
Officer, County Manager and County Attorney (or their designee) of New Hanover County are hereby
authorized and directed to act on behalf of the County of New Hanover in regards to the preparation
of the Local Government Commission application, environmental studies, financing, related budget
amendments and other actions not inconsistent with this resolution.
This 8th day of July, 2002.
(SEAL)
~aOO ~f County Commissioners
ATT:Sd~
~Ä~
27.23.10
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
.'
WHEREAS, on February 7, 2000 the Board of Commissioners approved the
construction ofthe Federal Point Fire Station as a capital project and at that time approved that
a portion of the project would be financed;
AND WHEREAS, at the December 3, 2001 Board of CommissIoners meeting, the
project was awarded to Hale Construction Company and the amoun,t approved to be financed
was $1,316,901.00;
AND WHEREAS, in regards to the financing of the Federal Point Fire Station, the
Finance Officer, County Manager and County Attorney of New Hanover County (or their
designee) are requesting authorization to act on behalf of the County of New Hanover in
regards to the Local Government Commission application, environmental studies, financing,
related budget amendments and other actions not inconsistent with this resolution;
NOW, THEREFORE, BE IT RESOLVED by the Board çfCounty Commissioners .
of New Hanover County that the Finance Officer, County Manager and County Attorney (or
their designee) ofN ew Hanover County are hereby authorized and directed to act on behalf of
,
the County of New Hanover in regards to the preparation of the Local Government
Commission application, environmental studies, financing, related budget amendments and
other actions in regards to the Federal Point Fire Station Project hot inconsistent with this
resolution. :
This 8th day of July, 2002.
(SEAL)
~' ,
ILL 0atn,!
Chairma:~ of County Commissioners
ATTEST:
(;t!A'~'V //~
'- ~~ the Board