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2002-08-19 RM Exhibits27.25.1 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ! NORTH CAROLINA LOCAL GOVERNMENT DEBT SETOFF PROGRAM I I WHEREAS, N.C.G.S. Chapter 105A, Setoff Debt Collection Act, authorizes the North Carolina Department of Revenue to cooperate in identifying clebtors who owe money . I to local governments and who qualify for refunds from the Department of Revenue; and ! WHEREAS, the law authorizes the setting off of certain debts owed to local governments against tax refunds; and I I WHEREAS, the North Carolina Association of County Com~issioners and the North Carolina League of Municipalities have jointly established a clearin:ghouse to submit debts on behalf of North Hanover County as provided by law. . I NOW, THEREFORE, BE IT RESOLVED by the New HarlOver County Board of Commissioners that the County will participate in the debt setoff program and hereby designates the New Hanover County Manager or his designee :as the person to hold hearings and conduct necessary proceedings. I , I The Chairman of the Board of Commissioners and the: New Hanover County I Manager are hereby authorized to execute such documents and agreements as necessary to participate in the debt setoff program. !. f ~ADOPTED b~:_ ~ew~anover County Board of com~. issioners on this the /f day of V"'~~A , 2002. I . I I New Hanover count) . ! &;ML I I ! I . (SEAL) ATTEST: ·v~ CI rk to the Board 27.25.2 Resolution of the Board of Commissioners of New Hanover County WHEREAS, over time, donations have been received and acclmulated for improvements for the animals of New Hanover County through Animal Control Servfces and the funds have now reached an amount that would permit staff to move forward in constructing an addition to the Animal Control Services building; . ! I I AND WHEREAS, pursuant to General Statute 87-1, the County is not required to use an outside contractor to construct the addition but is allowed to act as its bwn contractor; I I AND WHEREAS, pursuant to General Statute 143-135, use of the County'.s own labor force , is allowed because the proposed budget remains within the constraint~ of the statute guidelines; AND WHEREAS, the Property Management Director has agrJed to construct and manage 'the project for Animal Control Services and keep the Inspections Depa*ment advised as necessary; I I AND WHEREAS, pursuant to General Statute 143, Article 3D, t,he Board of Commissioners adopted a resol ution on January 3, 1995, exempting New Hanover County proj ects from procurement procedures for architectural, engineering and surveying services when tHe estimated professional fee on the project is less than $30,000.00; . ! I AND WHEREAS, Quinn Sweeney, ,AlA, was the original Architect for the Animal Control Services building and has submitted a proposed fee of$5,000.00 to proVide sealed architectural and structural drawings with specifications; \ I AND WHEREAS, draft contract # 03-0034 has been prepareq to secure the architectural services of Sweeney-Henderson Architecture, PA, and is included as p~rt of this resolution; ! AND WHEREAS, budget amendment # 03-0024 presenting jn operating budget for the project is included as part of this resolution; I f(#:¿ 7. 2S:Z RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY AND WHEREAS, the Animal Control Services Director, the ~ealth Department Director, the Finance Director and the County Manager recommend that (1) the 'project utilizing the Property Management Department as the contractor and the work force be appr6ved, (2) the project budget and'the related budget amendment # 03-0024 be approved, (3) contract # 03-0034 be awarded to Sweeney-Henderson Architecture, P (\, in an amount of five thousand d¿llars ($5,000:00) and direct the County Manager to execute the contract, and (4) that staff be authorized and directed to act on behalf of the County of New Hanover in regards to the management and¡construction of the Animal Control Services Expansion and any other actions not inconsistent with \his resolution; i I ! ,....._ .,t. .. I NOW, THEREFORE, BE IT RESOLVED by the Board of Co\mty Commissioners of New Hanover County that (1) the proj ect utilizing.the Property Management pepartment as the contractor and the work force is approved, (2) the project budget and the related budget amendment # 03-0024 is approved, (3) contract # 03-0034 is awarded to Sweeney-Henderson Architecture, P A, in an amount of fi~e thousand dollars ($5,000.00) and the County Manag6r is directed to execute the . I contract, and (4) that staff is authorized and directed to act on behalf of It he County of New Hanover in regards to the management and constru.ction of the Animal Control 'Services Expansion and any other actions not inconsistent with this resolution. ! This 19th day of August, 2002. (SEAL) I 1d DAWrn. . Chairman, Boa;~f County Commissioners I I ¡ 27.25.3 August 2002 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Adtninistrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be it first lien upon all real property of the respective taxpayers in the County ofN~w Hanover and this order shall be a full and sufficient authority to direct, require, knd enable you to levy on and sell any real or personal property of such taxpayers,' for and on account thereof, in accordance with the law. I Witness my hand and official seal. thiJ?~ay of /J¡¡rf· '2002. ~aQ~fI oQ~issioners of New Hanover County Attest~~~ Clerk of the Board of Commissioners of New Hanover County. I, Patricia 1. Raynor, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property for Cape Fear, Feder~l Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington: Townships, for New I Hanover County. . This ¿bm day of AuðlÃ)+ -n,-rn'{'¿ Q. Rú:-)nlJÝ Collector ofReverf~ of New Hanover County 2002. "d (t) ..., rJj o ::s ~ PJ ::s 0... ~ (t) ~ ~ ~ ......¡ W W N 0\ ~ VI z ~ tTJ ~ \/J ~ n o r ~ n ~ tTJ Ö ..-.. Ö c (t) ..... o ~ ;4 :;j. cr" C ..... Õ· ::s (t) =i o ..., rJj o >-+¡ [ (t) >::2 0... ~ '-'-. -... C 0 ;4N a n (t) 0 ~g ..., g. n::2 ::T~ PJ C ~ ncia ~ ~g.~n (t)CÞ>o a~o...g g õ' g. (3 Vi~o...- - ¡;;. ..... ~ (t) rJj '-" ~ ~ ~ ~ '¡::"'¡:"~I..;J "\0 00\ 00 00 N VI W O\O\~"""¡O\\O '.¡::.. ".¡::.. '.¡::.. "0\ "~ ".¡::.. WWWooo,¡::" '¡::"'¡::""""¡N.¡::..:-o O:'¡:::":'¡:::";"""NO"""¡oo OVlVlVlON ~ ~ ~ .¡::.. NNÑooww 0\ 8i .¡::.. 0 ~"oo VI" , " " w '0 0 VI 0\ 00 0\ VlVI......¡~O\N Oo;~:-o, . NWooO\"""¡ ::¡~ON.¡::..VI~ ~ ~ ~~ ~ OO.¡::..!:. w O\O\O\\O~N WWooNooO '0\ "0\ 'N "......¡ "~ "\0 ~~VlVI\O~ . WW\O\OO\......¡ o 0., 0., w:'¡:::"NN VI"""¡NVlVlOO'¡::" v ~ ~ ~ ~ 0 I ~ ~ ~ ~ W ~ 00 00 ......¡ "N ~ "0\ ~ ~ ......¡ ~ 0 \0 VI "VI .¡::.. VI 0\ 00 ~ '0 ~ 'N "VI "~ "......¡ ~ \0 O\WO\N ~~"""¡W\O\O W ~00v,\D~ N \0 N\OVlW "d tTJ ~ \/J o Z ~ ~ ~ ~ ~ I§ I~ ~ "d ~ o ~ ~ 00 t'!'j ""Ì ""Ì ~ t'!'j ~ t'!'j Z ""Ì o ~ o t'!'j ~ SJ ,0 ~ t'!'j Z ""Ì ""Ì > >< t'!'j 00 z t'!'j ~ == > z o -< t'!'j ~ ~ o ~ Z ""Ì ~ NEW HANOVER COUNTY SETTLEMENT OF TAX COLLECTIONS FOR 2001 Original Tax Levy Per Scroll Discoveries Added Less Abatements Total Taxes Charged Cleaning Liens Charged Listing Penalties Charged . Advertising Fees Charged Interest Collected Cost Collected $ 110,857,557.54 3,757,645.70 795,679.75 $ 113,819,523.49 6,076.00 76,238.55 10,865.00 276,137.75 16,646.83 $ 114,205,487.62 Real Estate Liens* Delinquent Personal Property* Deposited $ 1,008,531.67 1,286,361.66 111,910,594.29 - 114,205,487.62 $ .00 , *U ncollected amounts include $ 149,918.81 owed by known bankrupt accounts and accounts under appeal. Respectfully submitted, Patricia 1. Raynor Collector of Revenue P1R:sw NEW HANOVER COUNTY FIRE DISTRICT SETTLEMENT OF TAX COLLECTIONS FOR 2001 Original Tax Levy Per Scroll Discoveries Added Less Abatements Total Taxes Charged Listing Penalties Charged Interest Collected $ 2,850,002.94 149,558.26 82,420.72 2,917,140.48 2,410.76 6,726.79 $ 2,926,278.03 Real Estate Liens* Delinquent Personal Property* Deposited 23,032.37 36,971.60 2,866,274.05 2,926,278.02 $ .01 Difference due to distribution error of late list fees. *Uncollected amounts include $2,359.22 owed by known bankrupt accounts. Respectfully submitted, Patricia 1. Raynor Collector of Revenue PJRsw '"C (¡) "1 V>. o ::s e:. p¡ ::s 0... ~ (¡) e:. ~ v~ ....... o -...J 0'1 \0 z ~ tTJ ~ [fJ ~ n o r r tTJ n ~ tTJ tJ ,--. tJ s:: (¡) - o 0... ¡¡;. - "1 cr: s:: - õ' ::s (¡) "1 "1 o "1 V>. o '"""> ~ ...... (¡) >:::::! &0 s:: ....... V>. --.. _0 3 N (¡) n ::s 0 ...... ::s ...... "1 £. n:::::! ::1"'0 p¡ ::::: 2:: nå3 0 '-J 0 (¡) ....... ~==V>.n (¡) (¡) > 0 3~0...::s (¡) _. 0... ...... ::s 0 (¡) "1 Vi~o...£. - ¡¡;. - (t> (¡) V>. '--' ~ ~ """"",,~¡--.i.W wwo....... 'w vw '....... v~ ~~w-...J 0'1 O'I-...J 00 o:'¡:':'¡:'~-...J oww-...JOO ~ ~ VI NvN V-...J N VI....... 0....... 0000 .......-...J ^ ,0'1 vOl -...J-...J....... 0'10'10 \0\00 ooooo~ .......00\00 ....... ,-...J ....... ....... vO 0'1 00 N 00 N N 0'1 -...J ~ o ~ ~ \0 N o o -...J V .....................^ N 00 00 w 00 vN OOvoo'Vlv-...J 00 \0 O'IO'IOOO.......N o~~~~~ 0;""''''''''''''''' 0'1 OO-...J ~w-...J~O'I\OO'I V ~ ~ wWwN 00 ,000000~VI \0 V\O '00 Voo Voo Voo -...J-...JNVlW....... 0'I0N~W\O 0~~6°;.....:.¡:. VI~\O.......VlOVl '"C tTJ ~ [fJ o z ~ ~ ~ ~ ~ I§ ~ I~ ~ '"C ~ o ~ ~ ~ o ~ ~ ~ ~ [fJ M ~ ~ ~ M ~ M :z ~ o "'!'j ~ M ~ ..... :z 10 ~ M :z ~ ~ > >< M [fJ :z M ~ ~ :z o ~ ~ ~ o ~ :z ~ "'!'j ~ ~ ..... [fJ ~ æ ~ ~ 27.25.4 CONSENT AGENDA DATE: ITEM NO. NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 06/30/02 CURRENT TAX YEAR - 2001 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 102,139,092.11 3,737,423.24 656,415.37 $ 105,220,099.98 MOTOR VEHICLE $ 8,718,465.43 20,222.46 139,264.38 $ 8,599,423.51 ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 10,865.00 76,238.55 6,076.00 $ 105,313,279.53 $ - 104,094,436.95 $ 1,218,842.58 $ 98.84%* . .00 .00 .00 8,599,423.51 7,523,372.76 . 1,076,050.75 87.49%* PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS 98.98%** 87.54%** $ 3,698,729.73 106,169.95 774,267,82 $ 3,030,631.86 1,215,533.59 $ 1,815,098.27 40.11 % JUNE 2002 FISCAL YTD $ 22,324.41 $ 248,857.26 275,913.87 2,647,675.96 33,710.00 48,847.75 BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUP ANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $170,449,997.86. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2001. RESPECTFULLY SUBMITTED, PATRICIA J. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 97.99% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.12% L..-....._ , ,....,.-. ..- . CONSENT AGENDA OATE~_________ ITEM NG.______ NEW HANOV~R COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 06/30/02 CURRENT TAX YEAR - 2001 -------.-------..------ -"") ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADOED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS BACK TAXES ---...--..-..... REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED AD VALOREM ......-.....------... t 2,576,105.53 148,468.37 78,081.46- _________.-_.a._... t 2,646,4n.44 2,410.76 --------------- $ 2,648,903.20 2,619,099.03- ........-.......---....-- $ 29,804.17 98.57%* 98.96%** $ 85,819.45 4,83:1.10 30,822.01- -..........-....---... $ 59,1330.54 20,854.05- ......--...------- $ 313,976.49 34.86% MOTOR 'vEHICLE -.-.-----.----- $ 273,897.41 1,089.89 4,339.26- ---.........---..-- $ 270,648.04 .00 ---.....--------- t 270,b4ö.04 240,448.23- ..-----.....---...... S 30,199.81· 88.84%* 88.2,9%** THIS REPORT IS FOR FISCAL YEAR B~GrNNING JULY 1, 2001. RESPECTFULLY SUBMITTED, ~ .' r;Q ~' '10/ . (,-,Y'11 I \ '"' . , J PATRICIA J. YNOR COLL~CTOR OF REVENUE . * COMBINED COLLECTION PERCENTAGE - 97.94% **COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCJES AND APPEALS - 98.03' ) >._....J ..- , . ..". , ...~ , . ." . .. ¡. '." ,.. .', ., ' II ' 0" . . ;. /57 27.25.4 NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 07/31/02 CURRENT TAX YEAR - 2002 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 104,590,762.69 .00 .00 $ 104,590,762.69 ADVERTISING FEES CHARGED LISTING PENAL TIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED .00 28,935.42 .00 $ 104,619,698.11 .00 $ 104,619,698. I I .00%* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 4,109,991.72 6,997.23 21,061.31 $ 4,095,927.64 447,135.94 $ 3,648,791.70 10.92% RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS $ JUL 2002 2 I ,408.36 $ . 419,303.32 5,190.00 7<....#-Z7.2S'.Lfo CONSENT AGENDA DATE: ITEM NO. MOTOR VEHICLE $ 1,508,494.88 5,037.04 9,794.14 $ 1,503,737.78 .00 .00 .00 $ 1,503,737.78 654,962,91 $ 848,774.87 43.56%* FISCAL YTD 21,408.36 419,303.32 5, I 90.00 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $2,216,566.00 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002. RESPECTFULLY SUBMITTED, PATRICIA J. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - .62% CONSENT AGENDA OATE:________ ITEM NO.______ ~EW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 07/31/02 CURRENT TAX YEAR - 2002 -.--...---------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTEP AD VALOREM ..."'...--.------- $ 2,670,179.32 .00 .00 -----.-.------- .$ 2,670,179.32 764.98 --.-----...----- $ 2,670,944.30 .00 --.......-------- $ 2,670,944.30 .00%* BACK TAXES -.------.- REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS AEATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002. 98,980.41 240.72 720.56" --------------- $ 98,500.57 9,729.58- -----.-.-....---- $ 88,770.99 9.8B~ RESPECTFULLY SUBMITTED, (\') ." ~(¡,U' -1'" (..)-"n (I t." " \J ..,0/ PATRICIA J. ~NOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - .8U ¡5r:.¿ ~OTOR VEHICLE -.....--...------- $ 48,908.57 28B..80 313.58- .---------.---- .~ 48,883_ 79 .00 ...--------......... $ 48,883.79 21 , 91 -'i . 92- ---..------........ $ 26,968.8ì 44.83~* \\ . '. \, ('''~), ($' 27.25.5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the US Environmental Protection Agency (USEP A) has 'issued emission guidelines for small waste combustors in accordance with Title 40 U. S. CFR Part 60 Subpart , BBBB to be implemented no later than December 1, 2005; ¡ , AND WHEREAS, the State of North Carolina has modified the implementation date for small waste combustors to no later than December 1, 2004; AND WHEREAS, WASTEC's Units lA and 2A are small units by definition; I ¡ AND WHEREAS, an upgraded continuo'us emission monitoring system (CEMS) for units lA and 2A, is necessary to meet the new emission guidelines; I \. '" AND WHEREAS, after due advertisement, only one bid was received by the Environmental Management Department; AND WHEREAS, according to G. S. 143 -13 2, if fewer than three bids are received after the first advertisement for a formal construction bid, a second advertisement of-project the shall be made and after the second advertisement, the contract may be awarded even if only one bid has been received; AND WHEREAS, the project was re-advertised as required by General Statutes and the following bid was received and publicly opened by the Environmental Management Office at 2:21 PM, on the 27th day ofJune, 2002, at the Environmental Management Ç>ffice, 3002 US Highway 421N, Wilmington, North Carolina: Air Techniques total bid for $315,000.00 AND WHEREAS, the firm Air Techniques Inc. has demonstrated the ability to provide the equipment, installation, and services for projects of this nature; AND WHEREAS, Air Techniques Inc. has submitted a bid proposal that is under W ASTEC' s budgeted amount of$340,500.00. AND WHEREAS, funds are available and are now in Account No. 700-485-4193-6300 to cover this contract; I AND WHEREAS, the Director of Environmental Management and the County Manager recommend that a contract be awarded to Air Techniques Inc. for the amount of Three Hundred Fifteen Thousand dollars. ..-'. ~~ . NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners öfNew Hanover County that the Contract for the upgrade of the continuous emission monitoring system (CEMS) for Units 1A and 2A, at the New Hanover County Waste-to-Energy Conversion Facility (W ASTEC) be awarded to Air Techniques Inc. for the amount of$315,000.00; and that the County is hereby authorized and directed to execute the contract, çontract form to be approved by the County Attorney. This the 19th day of August, 2002 ATTEST: (}2-~:J\/ ~ "--~ the Board \ I NEW HANOVER COUNTY I (] . '£L Ted ~~Q~irman i 27.25.6 An Ordinance of the New Hanover County Board of Commissioners The Board of Commissioners of New Hanover County, North Car6lina, does hereby ordain that the New Hanover County Code be and is amended as follows: Chapter 38. Offenses and Miscellaneous Provisions: ! AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS I 1. Article IV, Breaches of the Peace, Section 38-102, Penalties amended by replacing the existing sentence with the following: ! Section 38-102. Penalty. Violations of the provisions of Section 38-101 may be punished by a civil penalty to be recovered in the nature of a debt of One Hundred ($100.00) Dollars forthe first violation, Three Hundred ($300.00) Dollprs forthe second violation, and Five Hundred ($500.00) Dollars for the third and subsequent violations. Violations may also be punished as misdemeanor under G. S. 14- 4. ' 2. Article IV, Breaches of the Peace, Section 38..103, Loitering for the Purpose of Engaging in Drug-Related Activity, is amended by adding a new subsection (e): ¡ Section 38-103(e). Penalty. Violations of this provision may be punished by a ci~il penalty to be recovered in the nature of a debt of One Hundred ($100.00) Dollars for the first violation, Three Hundred ($300.00) Dollars for the second violation, and Five Hundred ($500.00) Dollars for the third and subsequent violations. Violations may also be punished as misdemeanor under G. S. 14-4. 3. Article IV, Breaches of the Peace, Section 38-105, Sale. Discharge of Fireworks, is amended by adding a new section (b): Section 38-105(b). Penalty. Violations of this provision may be punished by a civil penalty to be recovered in the nature of a debt of One Hundred ($100.00) Dollars for the first violation, Three Hundred ($300.00) Dollars for the second violation, and I Five Hundred ($500.00) Dollars for the third and subse'quent violations~ Violations may also be punished as misdemeanor under G. S. 14-4. .... ~....:--! 4. Article IV, Breaches of the Peace, Section 38-106, Discharge of Firearms, is amended by adding a new subsection (b): Section 38-1 06(b). Penalty. Any violation of this provision subject the offender to a civil penalty to be recovered in the nature of a debt of Five Hundred ($500.90) Dollars. I 5. Article IV, Breaches of the Peace, Section 38-1 07~ Explosives, is amended by adding a new subsection (b): Section 38-107(b). Penalty. Any violation of this provision subject the offender to a çivil. penalty to be recovered in the nature of a debt of Five Hundred ($500.90) Dollars. Except as specified referenced herein, the existing provisions o~ Chapter 38 shall remain in full force and effect. This the 19th day of August, 2002. [SEAL" I NEW HANOVER COUNTY , , ~Iì~·. ZúL't}¡ :, Ted Davis, Jr., airman Board of Commissioners ~-'~'/~ \... ~ the Board 27.25.7 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 A-320, 08/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance ofthe County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: MODIFY 102-4 102-4: In addition to satisfying the foregoing requirements, application~ for Performance Residential and High Density dèvelopment shall include duplicate copies of a site plan meeting requirements of Section 69.2 of this Ordinance. The Chairperson of the Planning Board and any of its de~ignated members Technical Review Committee shall meet with Planning Director and staff to review the plans as submitted. Upon revi~w and consultation with the Committee members and staff the Technical Review Committee I chairperson of the Planning Board shall either approve or deny the preliininary plan. Meetings shall be scheduled every two weeks as necessary. Disapprova~ letters shall specify the reasons for disapproval. Conditional approvals may not be granted. Disapproved plans shall be returned to the applicant. Approved plans sh,all be forwarded to the Building Inspector to be processed under the requirements of Section 102. (3/22/82) (4/6/87) Section 2. Any ordinance or any part of any ordinance in conflict with this ordin'ance, 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 19th day of August 2002. ~~Q.: Ted Davis, Jr., airman Attest: 27.25.7 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18,1965 A-320, 08/02 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 further amended as follows: AMEND Sections 32-3(1) & 32-3(2) & 32-3(2)c,d 32-3: Preliminary Plat Approval (1) Upon the receipt of 10 copies of a properly subm'itted plan to the Planning Department along with the necessary comments and recommendations from the North Carolina D.O.T., the County Health Department, the County Engineer, the Board of Education, and other agencies and offices as may be deemed necessary or desirable, the Planninq Director, the chairperson of the Planning Board or hiG/her their appointees and the County Enqineer and Fire Marshall or their desiqnees alonq with a transportation representative from the Metropolitan Planninq Orqanizationto review the plans submitted. Meetings of this Technical Review Committee shall be scheduled every two weeks as necessary. Upon review and consultation with the Bo~rd Committee members and Planninq staff, and after hearinq comments from the applicant, if he so desires, and any other interested person, the Ch~irperGon of the Pl~nning Bo~rd Committee shall either approve or deny the preliminary plat. Following the initial review, the Ch~irperGon Committee shall have ten days in which to take action on the preliminary plat. Failure to take action within the specified time: shall be deemed as approved by the Technical Review Committee Pl~nning Bo~rd Ch~irperGon. (4/6/87) (2) Upon completion of the preliminary plat review, the Technical Review Committee Pl~nning Bo~rd shall approve or disapprove the plat. (a) If the preliminary plat is approved, approval shall be noted on the sepia. One print of the plat shall be transmitted to the subdivider and the sepia shall be retained by the Planning Department. (4/6/87) (b) When a preliminary plat is disapproved, the Planning Director shall specify the reasons for such action in writing. One copy of such reasons and the sepia shall be retained by the Planning Department and a print of the plat with the reasons for disapproval shall be given to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and, submit a revišèd preliminary plat. (4/6/87) (c) Decisions of the Technical Review Committee Planning Board Chairperson may be appealed to the Planning Board of County Commissioners at which time they may affirm, modify, or supplement, or remand the decision of the Technical Review Committee Planning Board Chairperson. (7/6/92) (d) Decisions of the Planninq Board may be appealed to the Board of County Commissioners at which time they may affirm, modify, supplement, or remand the decision of the Planninq Board. ADD 32-3(4) (4) Notice of Appeal An appeal from a decision reqardinq a preliminary plat shall be limited to the applicant, officials or departments of New Hanover County, or persons with a siqnificant identifiable interest in the proposed plan, qreater than that of the public at larqe, includinq but not limited to, adlacent property owners. Such appeal must be submitted to the Planninq Department within 10 business days after the decision beinq appealed. The notice of appeal must be in a form prescribed by the County Attorney and must state the alleqed error the Planninq Board or Technical Review Committee made in reachinq the decision beinq appealed and specify why the decision was in error. The scope of the appeal shall be limited to those issues identified in the appeal form, unless permission to make additional arquments is qranted from the Chairman of the Board hearinq the appeal. REPLACE 20-15 20-15 Technical Review Committee - A committee formed by the County Board of Commissioners for the purpose of Subdivision Plan review as prescribed by this Ordinance I I Section 2. Any ordinance or any part of any ordinance in conflict with this 9rdinance, to the extent of such conflict,' is hereby repealed. , ¡ Sèction 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 19th day of August 2002. ~avOO~an Attest: 27.25.8 BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY Excerpt of Minutes of Meeting on August 19, 2002 Present: Chainnan Ted Davis, Jr. presiding, and Commissioners: Vice-Chairman Robert G. Greer; Julia Boseman; William A. Caster; and Nancy H. Prittchett Absent: None * * * * * * * * * * * * * * * The Chairman stated that a Notice of Public Hearing was published on August 9, 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 th~ 'execution of an installment financing contract in connection with the proposed financing of the: construction of the Federal Point Fire Station and the acquisition of the Corning, Inc. property to be used as the County Administration Building. ¡ ! At 12: 40 0' 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 construction of the Federal Point Fire Station and the acquisition of the Coming, Inc. property: The names and addresses of the persons who were preserit, summaries of their oral cqmments and copies of their written comments are attached as Exhibit "A" hereto. I i After the Board had heard all persons who requested to b~ h~ard, the public hearing was closed. ¡ , The, Chairman then asked the Board to consider ~d take actioin on a resolution approving the construction of the Federal Point Fire Station and the acquisition df the Corning, In~. property through an installment financing contract. \, ' , 1 j Commissioner William A. Caster introduced the following resqlution which was discussed and its title was read: I i I I I I I , i RESOLUTION (1) AUTHORIZING THE FILING OF AN APPLICATION FOR APPROV AL OF AN INSTALLMENT FINANCING CONTRACT AUTHORIZED BY NORTH . I CAROLINA GENERAL STATUTES SECTION 160A-20 AND (2) APPROVING AN INST ALLMENT FINANCING AGREEMENT AND AUTHOR!IZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS: The Board has decided to pursue the financi~g of the construction of the ·1 Federal Point Fire Station ($1,316,901) and the acquisition of the Coi;ning, Inc. property to be used , , I as the County Administration Annex Building ($3,85'0,000) these twd items being referred to as the . , "Project" pursuant to an installment financing contract (the "Contract"9, as permitted under N.C.G.S. ' I ' ; § 160A-20; and I , WHEREAS: It is anticipated that the cost of the Project will not: exceed $5,166,901 including the cost of issuance thereof; and . N.C.G.S. § 159-151(b) are met; and' WHEREAS: Financing pursuant to N.C.G.S. § 160A-20 mUst be approved by the North I , I Carolina Local Government CÇ)mmission (the "LGC"}and will only be approved if the findings of C I \ WHEREAS: The Board has this day held a public hearing witH respect to the Pròject and the i I : I The staff of the County has solicited bids for the financing from numerous I , ì financial institutions, and has recommended that the proposal of BB~T Governmental Finance be Contract; and "WHEREAS: accepted; and I I 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; I , 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 . i authorized under North Carolina General Statutes Chapter 160A, Article 3, Section 20, which will bé secured by a deed of trust on the Project; and WHEREAS, it is anticipated that the North Carolina Local Gþvernment Commission will , , approve the Project and the financing thereof contemplated hereby at: its meeting on September 3, I. ! 2002; and WHEREAS, there have been presented to the Board substantially final forms the following documents which BB&T Governmental Finance (the "Lender") and the County propose to use in connection with the financing of the Project: (a) Installment Financing Agreement between the County a~d the Lender in the principal amount of not to exceed $5,166,901 (the "Agreement"); and (b) I' Deed of Trust and Security Agreement from the Counw to a trustee in favor of the j " I . Lender (the "Deed ofTrust"ançl, together with all other security documents required by the Lender, the "Security Documents"); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, meeting in regular session at Wilmington, North Carolina, on August 19, 2002, as follows: 1. The Chairman, the County Manager, Finance Officer, Clerk to the Board, the County Attorney, 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 certificatesland instruments and to take .", ) all such further action as they may consider necessary or desirable in connection with executi.on of the Agreement, the Security Documents and the undertaking of the Project. 2. The proposed Contract is necessary and expedient because the relocation of the Federal Point Fire Station places the station strategically inside its most developed protection district and because the physical condition and the serious overcrowding of the existing County Annex Building necessitates this purchase and move. 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 financing to be accomplished and the desirability of having available the alternative financing structures and repayment provision~ 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-reyenue producing so revenue bonds are not an option. 5. The cost of fin~ncing 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 designing and initial construction of the Project. 7. The C()unty's debt management procedures and policies are good and hav,e 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 suçh 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 Ís 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 and other officers of the County are hereby authorized and directed to make application to the LGC in connection with the Project and the financing therefor. 12 The County hereby approves the selection of BB&T Governmental Finance (the "Bank") to provide the interim financing, in accordance with the term sheet dated August 7, 2002 from the Bank to the County. The amount financed shall not exceed $5,166,901 and the annual interest rate (in the absence of default or change in tax status) shall not exceed 3.39%, and the financing term shall not exceed eighteen (18) months frpm closing. 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 9f 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 the .seal of the County. 15. All financing contracts and all related documents for the closing ofthe financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the County are hereby authorized and directed to execute and deliver any Financing Documents, and tò take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. The Financing Documents shall include á Financing Agreement and Deed of Trust and an Escrow Agreement as BB&T may request. 16. The County Finance Director is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The County Finance Director is authorized to approve changes to any Financing Documents previously signed by County officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates . from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the County Finance Director shall approve, with the County Finance Director's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 17. The County will take all due care to maintain that the debt remains tax exempt for Federal Income Tax purposes._ 18. 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. 19. 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. '. 20. All Resolutions or parts thereof in conflict herewith are hereby repealed. 21. This Resolution shall take effect immediately. Vice-Chairman Robert G. Greer 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: Chairman Ted Davis, Jr. Vice-Chairman Robert G. Greer Commissioner Julia Boseman Commissioner William A. Caster Commissioner Nancy H. Pritchett Nays: None Commissioners Not Voting: None This 19th day of August, 2002. 1d (kO· Chairman, Board of County Commissioners ATTEST: ~vly£~ . Clerk to thè Board .1"': 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 August 19, 2002, with respect to the financing of the construction of the Federal Point Fire Station and the acquisition of the Corning, Inc. property through an installment financing agreement was published on August 9, 2002, in the Wilmington Star News. 2. The presiding officer ofthe.Hearing was Chairman Ted Davis, Jr. 3. The following i.s a list of the names and addressès of all persons who spoke at the Hearing: , No one spoke at the Public Hearing. ~N WITNESS WHEREOF, myhand and the seal of New Hanover County, thi~.Liay of August, 2002. Q2;~\'ý ~ Clerk, Board of Commissioners New Hanover County, North Carolina RALEIGH 170031vl