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2005-02-07 RM Exhibits 'R{l:LC},/S-/ AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 A-338, 12/04 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: Revise Section 50.5 Table of Permitted Uses REVISE; Table of Permitted Uses 1-2 Equipment Rental & Leasing P 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 711> day of February 2005 Attest: 1JJ;J~ Robert G Greer, Chairman % ; '\0 "-. ~~,,\.\- Clerk to the Board A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS K'1!.2 0, 15: :L WHEREAS, pursuant to G S 158-7 1, New Hanover County promotes economic business development through grants to encourage existing industries to expand and new industries to locate in the area, subject to the industry making a substantial capital investment and satisfying certain employment criteria, and WHEREAS, Pharmaceutical Product Development, Inc. (PPD) currently operates in the City of Wilmington, New Hanover County and is considering locating its world headquarters facility in the corporate limits of Wilmington in the Northern Riverfront area. Such a facility would include a real and personal property investment of a minimum of $80,000,000 and the employment of 1,000 additional employees over its current level; and WHEREAS, an economic development grant is desirable to encourage PPD to locate its world headquarters facility in the desired location in New Hanover County; and WHEREAS, a public hearing on the economic development grant was advertised on January 23, 2005 in accordance with G.S 158-7 1 and was held Febnuary 7, 2005, and WHEREAS, the New Hanover County Board of Commissioners desires to encourage such economic growth and development; and WHEREAS, New Hanover County will contribute to an economic development grant for Pharmaceutical Product Development, Inc. through: An economic development grant providing a payment of $300,000 per year for five years beginning in year six following the completion of the project. The annual grant amounts are subject to reduction in the event that PPD does not satisfy the minimum level of capital investment and job creation as set forth above. WHEREAS, the New Hanover County Board of Commissioners has determined that it is in the public interest and consistent with G.S. 158-7 1 to make the economic development grant to PPD in accordance with the terms of this Resolution. NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners hereby approves the economic development grant to PPD as set forth above and authorizes the Chairman of the Board of County Commissioners to execute said economic development grant with PPD consistent with this Resolution. [SEAL] ~U)\.4- Robert G Greer, Chairman Board of County Commissioners ATTEST ~~\.. \.. '~('~\o.\\ Clerk to the Board f:Z:I:t ::l-g, IS .3 RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE AUTHORIZATION AND ISSUANCE OF GENERAL OBUGA TION BONDS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AND AUTHORIZING THE FINANCE DIRECTOR TO FILE APPLICATION FOR APPROVAL THEREOF WITH THE LOCAL GOVERNMENT COMMISSION WHEREAS, the Board of Commissioners of the County of New Hanover, North Carolina (the "County") is considering the authorization of not exceeding $150,000,000 general obligation bonds of the County (the "Bonds") for the purpose of providing funds, together with any other available funds, for financing school and community college improvements in the County, including paying expenses related thereto; NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Board of Commissioners of the County' Section I The Board of Commissioners hereby finds and determines in connection with authorizing the issuance of the Bonds that (a) the proposed issuance of the Bonds is necessary or expedient for the County, (b) the proposed principal amount of the Bonds is adequate and not excessive for the proposed purposes of such issue, (c) the County's debt management procedures and policies are good and are managed in strict compliance with law, (d) the estimated increase in taxes, if any, necessary to service the Bonds will not be excessive and (e) under current economic conditions the Bonds can be marketed at reasonable rates of interest. Section 2. The Finance Director is hereby designated as representative of the County to file an application for approval of the Bonds with the Local Government Commission of North Carolina, and all actions heretofore taken by the Finance Director and any other officers of the County relating to such matter are hereby approved, ratified and confirmed. Section 3 This resolution shall take effect immediately upon its passage. (SEAL) ATTEST ~\,~\~ "-. ~0~,,~~ Sheila 1. Schult, Clerk to the Board W/Jd:TY Robert G. Greer, Chairman 7<.J:h..20 /~ ~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the current tax computer system is operating on a mainframe platform and must be converted to a server platform; AND WHEREAS, the current application system Tax is using was purchased approximately fifteen years ago and will not operate on a server platform and vendor software support is not available for the current application software; AND WHEREAS, the Tax Department Director and the Information Technology Director have determined that the best solution is to purchase from Cole Layer Trumble Company (CL T) the CAMA, assessment and tracking software and to purchase from MUNIS, Inc. the billing, motor vehicle, business license, and web interface; AND WHEREAS, this item will be purchased through installment financing and was not included in the adopted budget for the current fiscal year and therefore, budget amendment 2005-34 is incorporated into this resolution to budget the financing proceeds in the amount of one million four hundred thousand dollars and no cents ($1,400,000.00) for the Tax Computer System and budget amendment 05-0139 is incorporated into this resolution to budget funds for the debt service required for this fiscal year in the amount of one hundred fifty-six thousand dollars and no cents ($156,000.00); AND WHEREAS, pursuant to the requirements ofthe United States Treasury Regulations Section 1 1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds ofthe financing for any of the expenditures incurred by it prior to the issuance of the financing; AND WHEREAS, G.S. 143- I 29(g) allows local governments to buy off of another government's contract if the vendor is willing to provide the item at the same or better price; AND WHEREAS, the County of Forsyth, Georgia completed a formal RFP process for the CAMA, assessment and tracking software for their Tax Department, the required hardware, conversion, project implementation, support and training services and Cole Layer Trumble Company (CL T) was awarded the bid by the County of Forsyth, Georgia with contract execution on January 24, 2005, AND WHEREAS, Cole Layer Trumble Company (CL T) has offered to extend to New Hanover County same unit pricing that was awarded in the Forsyth County pricing for the purchase of CAMA, assessment and tracking software system, conversion, project implementation, support, and training services in a not to exceed amount of seven hundred seventy-nine thousand eight dollars ($779,008.00); AND WHEREAS, the contract awarded to MUNIS, Inc. at the October 18, 2004 Board of Commissioners meeting included pricing for billing, motor vehicle, business license, and web interface modules, conversion, project implementation, support, and training services; AND WHEREAS, the County desires to exercise their option in the contract with MUNIS, Inc. by means of the change order process to purchase billing, motor vehicle, business license, and web interface modules, conversion, project implementation, support, and training services in a not to exceed amount of three hundred forty-six thousand five hundred dollars ($346,500.00); AND WHEREAS, balance of the project funds will be used to purchase the required computer hardware, related equipment and services that are not included in the CL T and MUNIS contracts; items to be purchased through normal County procedures; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that: contract # 05-0156 for acquisition of a CAMA, assessment and tracking software system, conversion, project implementation, support, and training services in anotto exceed amount of seven hundred seventy-nine thousand eight dollars ($779,008.00) be awarded to Cole Layer Trumble Company, the County Manager being authorized and directed to execute contract # 05-0156, contract form to be approved by the County Attorney; and 2. change order# 1 to contract # 05-0110 with MUNIS, Inc. for billing, motor vehicle, business license, and web interface modules, conversion, project implementation, support, and training services in a not to exceed amount of three hundred forty-six thousand five hundred dollars ($346,500.00) be approved and the County Manager being authorized and directed to executed contract # 05-0110, change order form to be approved by the County Attorney; and 3 budget amendment # 2005-34 in the amount of one million four hundred thousand dollars and no cents ($1,400,000.00) and budget amendment # 05-0139 in the amount of one hundred fifty-six thousand dollars and no cents ($156,000 00) are approved; and 4 the staff is authorized and directed to purchase the remaining required computer hardware, related equipment and services that are not included in the award of contract 05-0156 or Change Order # 1 to contract # 05-0 II 0; items to be purchased through normal County procedures; and 5 authorize and direct the County Manager, the Finance Director, the County Attorney and their designated staff to act on behalf of the County of New Hanover in regard to the execution of contract # 05-0156 with CL T, Change Order # I to contract # 05-0 110, and the installment financing options with Bank of America through existing contract # 05-0137, and other actions or duties not inconsistent with this resolution; and 6. adopt reimbursement clause as contained in the resolution pursuant to the requirements of the United States Treasury Regulations Section 1 1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing. (SEAL) W~ Chairman, Board of County Commissioners ATTEST ~\:~\,. '- .~),...\\ Clerk to the Board R.l:l:-l"'r./s-,5 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS SUPPORTING STATE ASSUMPTION OF COUNTY SHARE OF MEDICAID WHEREAS, New Hanover County pays $8.2 million or 4% of its expenditures for services to Medicaid eligible citizens; and WHEREAS, the counties share of Medicaid reimbursements has increased over 67 per cent in the last five years and now totals approximately $440 million; and WHEREAS, North Carolina is one of only two states in the nation that require counties to pay a share of all Medicaid services costs; and WHEREAS, New Hanover County expenditures for Medicaid have increased from $3 4 million in FY94-95 to $8.2 million in FY04-05, and WHEREAS, it takes the equivalent of almost 5 cents of the ad valorem tax rate to fund the Medicaid program in FY04-05, NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners urges the North Carolina General Assembly to provide immediate Medicaid relief to New Hanover County FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the General Assembly representing New Hanover County 1lJJ}jr6L Robert G. Greer, Chairman Attest: ~\~\.. ~- ~ ~~\~\\. Sheila L. Schult, Clerk to the Board f<..f:b l q. IS-. 10 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the United States Coast Guard plans to remove entire buoy systems from four dangerously shoaled inlets along the North Carolina Coast including Carolina Beach Inlet; and WHEREAS, there is no dredging of the Carolina Beach Inlet scheduled this fiscal year and the proposed budget of the U S. Corps of Engineers for fiscal year 2005- 2006 does not currently include funding for this maintenance; and WHEREAS, the inlet is widely used by recreational boaters, commercial fishermen and charter boats; and WHEREAS, if the inlet is allowed to close, public safety will be significantly reduced due to increased boating hazards and due to increased emergency response times; and WHEREAS, tourism revenues in Carolina and Kure Beaches would be impacted negatively, as would many small businesses in the area; NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners urges Congress to restore full funding for shallow inlet maintenance in the U S. Corps of Engineers' budget for fiscal year 2005-2006. Adopted this the 7th day of February, 2005 ?J;M~ Robert G. Greer, Chairman Attest: ~ \L~( L. ~0\."\\- Sheila L. Schult, Clerk to the Board L- b I . If. ~(" .). AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 Z-789,01l05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tract from the B-2 Highway Business Zoning District Classification and placing it in the 0&1 Office & Institutional District Classification, said land being described as follows: Land lying and being in Federal Point Township, New Hanover County, North Carolina and being a portion of those tracts ofland identified as tax parcel R07900-00 I -023-000 and R07900-00 I -042-000 and part of a 60 foot private right of way known as Pilots Ridge Road, and being more particularly described as follows: BEGINNING at a point in the northern right of way line of Pilots Ridge Road a private 60 foot right of way. said point being 300 feet west of the western right of way of Carolina Beach Road measured at right angles to said Carolina Beach Road right of way. running thence in a southerly direction parallel with and 300 feer west of the western right of way of Carolina Beach Road to a point in the southern property line of a parcel known to the New Hanover County Land Records as R07900-00I-042-000 running thence with and along said southern parce/line /0 a point created by the intersection of the extension of the eastern parcel line of a parcel known to the New Hanover County Land Records as Parcel R07900-001-023-000running thence in a northerly direction with and along said extended parcel line to a point in the northern right of way of Pilots Ridge Road a private 60 foot right of way, running thence with and along said northern right of way of Pilots Ridge Road back to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map No.4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3 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. W1J~ Robert G. Greer, Chairman Attest: ~;r\ '- ~l\\"\\ Clerk to the Board Plb ::LC), I:::;, 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Proclamation ~ WHEREAS, Danny H. Hickman, Vice President ofInstructioTl, Cape Fear Community College placed his professional career and personal life on hold to answer the call of duty and recently completed a one year deployment in Operation Iraqi Freedom; and l WHEREAS, Danny H. Hickman serves his country, his state and his community as Brigadier General, 30th Enhanced Heavy Separate Brigade, North Carolina Anny National Guard; and WHEREAS, the 30th Enhanced Heavy Separate Brigade, the largest brigade in the NC Army National Guard, is one of the fifteen enhanced brigades designated with the mission of mobilizing and deploying for combat within 90 days of notice, and was the first National Guard brigade to be deployed t9 an active combat zone since the Korean War; and WHEREAS, Brigadier General Danny H. Hickman commanded 5,000 American troops and 5,000 Iraqi troops and while in Iraq, proVIded security and undertook nearly 400 public improvement projects including rebuilding of schools, mosques and hospitals; and WHEREAS, the 30th Enhanced Heavy Separate Brigade also serves a state mission and has been called upon to support the citizens ofNorth Carolina during times of hurricanes, floods and forest fires; and WHEREAS, Brigadier General Danny H. Hickman and all citizen-soldiers who wear the uniform of the American soldier in the war on terrorism and times of natural disaster are to be commended for their sacrifices in keeping our country and citizens safe; NOW,.l.llliKEFORE BE IT PROCLAIMED, that the New Hanover County Board of Commissioners does hereby designate Friday, February 4, 2005 "Brigadier General Danny H. Hickman Day" in New Hanover County, and welcomes this citizen-soldier back home. ADOPTED this 4th day of February, 2005 4JJh~ Robert G. Greer, Chairman ATTEST ~I'\^ \ ~ 0~\.\\ Sheila L. Schult, Clerk to the Board ~ ~ ~ ~ ~ l