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1999-11-15 RM Exhibits NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, the New Hanover County Board of Commissioners in conjunction with The New Hanover Human Relations Commission, promotes an open community in the county, working to eliminate discriminatory practices resulting from race, creed, color, national origin, sex, age, economic condition or disability; and WHEREAS, the New Hanover County Board of Commissioners supports eqUitable treatment of all New Hanover County's citizens, including the community of the deafand the hard of hearing citizens, who number approximately 8,146 according to the 1991 North Carolina Census; and WHEREAS, the deaf and the hard of hearing should be ensured equal access to services, information and opportunities via effective communication, especially during emergency situations when reliance on the media, particularly television, is of paramount Importance in relaying up-to-date mformation to this group, NOW, THEREFORE BE IT RESOL VED, that the New Hanover County Board of Commissioners supports equal access to all media resources, particularly those resources providing vital life saving information during disastrous weather conditions, recognizing that this equal access includes, but is not limited to, line 21 access, open captioning, sign language interpreting, and the use of real time captioning during the broadcasting of emergency situations. Adopted this the fifteenth day of November, 1999 1-.)~~v- Q. ~ William A. Caster, Chairman (Attest) Ll cie F Harrell, Clerk to the Board A RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover duly declared a State of Emergency in response to Hurricane Floyd impacts, pursuant to Chapter 6 7 of the New Hanover County Code; and WHEREAS, the County 800mhz radio system and related housing and components were significantly damaged by Hurricane Floyd, detrimentally impacting performance abilities, and WHEREAS, the Emergency Restoration Task Force authorized County staff to proceed with emergency repair and restoration of the 800mhz radio system and related housing and components, and WHEREAS, given the critical nature of the 800mhz radio system for ongoing emergency service, time is of the essence in restoring the service to full capacity performance, and WHEREAS, local governments are authorized to exempt specific projects from the public procurement requirements of Chapter 143 of the North Carolina General Statutes in cases of special emergency involving the health and safety of the people or their property NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that, having found a special emergency to exist attributable to Hurricane Floyd, that the procurement of a 800mhz radio system and related equipment components and shelter is hereby expressly exempted from requirements of the bid laws set forth in Chapter 143 and Chapter 153 of the North Carolina General Statutes. This the /:5;tN day of November, 1999 NEW HANOVER COUNTY ATTEST ~~/y~ lerk to the Board d) ) --ill) - 0 /J -;I L..J ,...l"t.:.,[...{..tJ......-.;..."--"l. L..-I; Lc..~.............\....l--.... William A. Caster, Chairman Board of County Commissioners 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 3.00 p.m., on the 27th day of October, 1999, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for a data acquisition system for the W ASTEC Facility of the Environmental Management Department, Bid # 00-0022RB Price Forney Corporation $80,029 00 AND WHEREAS, the bid received exceeded the amount budgeted for the purchase and had deficiencies in their proposal, AND WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the bid received be rejected; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the bid received for a data acquisition system for the Environmental Management Department, Bid # 00-0022RB be rejected. This 15th day of November, 1999 '2j,de~~ C/ Ce--?;t~ Chairman, Board of County Commissioners ATTEST ~-,~:V~ - NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 10/31/99 CURRENT TAX YEAR - 1999 ----------------------- ORIGINAL TAX LEVY PER SCROLL OISCOVERIES AODED LESS ABATEMENTS TOTAL TAXES CHARGED AOVERTISING FEES CHARGEO LISTING PENALTIES CHARGED CLEANING LIENS CHARGEO TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES ---------- REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LE SS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO OATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS AD VALOREM --..------------ $ 77,390,208.16 2,550,971.60 B9,786.61- --------------- $ 79,851,393.15 .00 38,290.55 8,730.00 --------------- $ 79,898,413.70 9,288,564.13- --------------- $ 70,609,B49.57 11.63%* $ 2,824;866.85 4,704.44 28,670.76- --------------- $ 2,800,900.53 607,4B9.93- --------------- $ 2,193,410.60 21.69% OCT 1999 -------------- 186,458.2B 668.28 CONSENT AGENDA OA TE: ~__..:._..:.__ ITEM NO...:._..:._-=- MOTOR VEHICLE --------------- $ 3,IB9,634.79 10,321.61 32,029.24- --------------- $ 3,167,927.16 .00 .00 .00 --------------- $ 3,167,921.16 2,034,540.44- --------------- $ 1,133,386.72 64.22%* FI SCAL YTD -------------- 1,285,053.19 10,296.16 TOTAL MONEY PROCESSEO THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY Of WILMINGTONr WRIGHTSVIlLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $lti,700,847.07. THIS REPORT IS FOR FISCAL YEAR BEGINNING JUlY~' 1 . RE~TFUlLY SUBMITTED, . ~~ {jY Clr..""" .' ~" PATRICIA J. R R } COLLECTOR Of REVENUE . COMBINED COLLECTION PERCENTAGE - 13.63% CONSENT. AGENDA DATE:.;...:._______ ITEM NO...:._____ NEW HANOVER COUNTY FIRE OISTRICT TAX COLLECTIONS COLLECTIONS THRU 10/31/99 CURRENT TAX YEAR - 1999 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS.TODATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES --------------- AD VALOREM $ 2,060,293.51 86,911.37 40,481.61- --------------- $ 2,106,783.27 190.92 --------------- $ 2,101,514.19 264,316.55- --------------- $ 1,843,257.64 12.54%* ---------- REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING :::~;~~;~:;T~l ~aV COLLECTOR OF R~UE MOTOR VEHICLE --------------- $ 69,433.26 326.91 599.68- --------------- $ 69,160.55 .00 --------------- $ 69,160.55 41,634.34- --------------- $ 21,526.21 60.20%* 55,058.73 53.54 754.46- --------------- $ 54,351.Bl 12,251.15- --------------- $ 42,106.66 22.54% JULY 1, 1999. * COMBINED COLLECTION PERCENTAGE - 14.06% NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road( s) Description: ROADS IN SILVER CREEK VILLAGE SUBDIVISION WHERE4S, the attached petition has been filed with the Board o/County Commissioners 0/ the County 0/ New Hanover requesting that the above described road(s), the location 0/ which has been indicated in red on the attached map, be added to the Secondary Road System; and WHERE4S, the Board 0/ County Commissioners is 0/ the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division 0/ Highways o/the Department o/Transportation for the addition 0/ roads to the System. NOW, THEREFORE, be it resolved by the Board o/Commissioners o/the County o/New Hanover that the Division 0/ Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 15TH day of November. 1999 WITNESS my hand and official seal this the /5'4 day of ~ 1999 ~,\/ ~ Cle k to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute. wp NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: ROADS IN SUN COAST VILLAS SUBDIVISION WHEREAS, the aI/ached petition has been filed with the Board oJCounty Commissioners oJthe County oj New Hanover requesting that the above described road(s), the location oJwhich has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board oJCounty Commissioners is oJthe opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division oj Highways oJthe Department oJTransportation Jar the addition oj roads to the System. NOW, THEREFORE, be it resolved by the Board oJCommissioners oJthe County oJNew Hanover that the Division oj Highways is hereby requested to review the above described road(s), and to take over the road(s) Jar maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 15TH day of NOVEMBER. 1999 WITNESS my hand and official seal this the /..-s"4 day of ~ 1999 ~\{/~ Cler to the Board - New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highw~ys. resolute.wp A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, smoking by minors at school constitutes both a serious public health concern as well as a building safety issue; and WHEREAS, Section 506.1.2 of Volume V of the State Building Code makes smoking at schools a hazard; and WHEREAS, Section 8-25 of the New Hanover County Code provides for legal enforcement of said Volume V of the State Building Code through civil citations in the amount of One Hundred Dollars ($100.00) for the initial offense, Three Hundred Dollars ($300.00) for a second offense, and Five Hundred Dollars ($500.00) for the third and subsequent offense; and WHEREAS, in the case of minors, imposition of the civil citation penalties often may not be the most effective means of discouraging the prohibited smoking; and WHEREAS, as an alternative to payment of penalties a structured tobacco education program could be made available to minor offenders who might elect to participate in the class in lieu of paying the citation. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of New Hanover County does hereby authorize New Hanover County legal and financial personnel to discharge the initial civil citation penalty and not more than one (1) subsequent penalty upon proof that a minor offender charged with violation of Section 506.1.2 of Volume V of the North Caroiina State Building Code has fully complied with all program requirements and successfully completed Project Assist Tobacco Use Classes or other comparable educational programs approved by the New Hanover County Health Department. Should the cited student elect not to participate in and compiete the specified approved educational program, any and all citations issued shall be fully due and payable. This the 15'h day of November, 1999. NEW HANOVER COUNTY William A. Caster, Chairman 1J~Q ~ ATTEST ~JV~ erk to the Board - A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, Section 506 1.2 of Volume V of the North Carolina State Building Code makes smoking at schools a hazard, and WHEREAS, Section 8-18 of the New Hanover County Code provides for local enforcement of said Volume V of the State Building Code through the Fire Marshal; and WHEREAS, Section 1-2 of the New Hanover County Code permits delegation of authority for enforcement purposes. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of New Hanover County does hereby ratify that the Fire Marshal is expressly permitted to designate, delegate, and authorize New Hanover County Deputy Sheriffs serving as School Resource Officers for purposes of disseminating Fire Marshal issued and authorized citations for enforcement of Section 506.1.2 of Volume V of the North Carolina State Building Code, to the extent such action is permitted by State law, or for purposes of enforcement of any relevant County Code relating to smoking. This the /S-.;l.(,..day Of~ 1999 NEW HANOVER COUNTY v:J1M- O.~ William A. Caster, Chairman ATTEST ~j'(/~~ C k to the Board RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, in North Carolina the Council of Governments (COGs), or Lead Regional Organizations, as designated by the NC General Assembly, serve both municipal and County Government, and have established productive working relationships with the cities and counties across the state; and WHEREAS, in 1999 the NC General Assembly recognized these existing working relationships and the continuing need oflocal governments for assistance and support through the appropriation of $990,000 to help each of the eighteen COGs assist local government with activities as deemed appropriate by their area local governments; and WHEREAS, these funds are stipulated by the NC General Assembly as not intended. to be used for payment of member dues or assessments to COGs and will not supplant or replace funds designated for the COG by the member governments; and WHEREAS, in the event that this resolution is not passed by the local government by June 30, 2000, for release of a portion of these funds to our COG, the available funds will revert to the State's General Fund; and WHEREAS, in Region 0, funds in the amount of$55,000 will be used to provide technical assistance to local government; NOW THEREFORE; BE IT RESOLVED, the Board of County Commissioners of New Hanover County requests the release of its share of these funds, in the amount of $15,599 11, to the Cape Fear Council of Governments at the earliest possible time in accordance with the provisions 0 State Law. Witnessed this the / S U day of Lfit l.. Signed: Attest: t-:) .~/~ Q. C~ William A. Caster, Chairman ~_v~ L cie F. Harrell, Clerk r.. PROJECT ORDINANCE LAW ENFORCEMENT CENTER CAPITAL PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County 1 New Hanover County(County) is engaged in the Construction of a new Law Enforcement Center, which capital project involves the construction and/or acquisition of capital assets 2 County desires to authorize and budget for said project in a proj ect ordinance adopted pursuant to North Carolina General Statute $159-13 2, such ordinance to authorize all appropriations necessary for the completion of said project NOW, THEREFORE, WITNESSETH THAT: 1 This project ordinance is adopted pursuant to North' Carolina General Statute $159-13 2. 2. The project undertaken pursuant to this ordinance is the Construction of a new Law Enforcement Center Capital Project, which project is. herewith authorized. 3. The revenue that will finance said project is: Transfer in from General Fund $450.000 Total $450,000 4 The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense Total $450,000 $450,000 5 This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County Within five days I " hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this /-l'AJ.... day of 1~ , 1999 CJ:!~- V ~~AA Clerk to the Board D vt~z~ Q. C~--:J..L-.. william A Caster, Chairman Board of County Commissioners ~r..... .,!. , . .' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER CORRECTING SPECIAL USE PERMIT The County Commissioners for New Hanover County, having held a public hearing on September 7, 1999 to consider application number S-336, 8/99 submitted by John and Carole Coble, a request to correct a Special Use Permit granted on December 2, 1991, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS The Order granting said Special Use Permit, under date of December 2, 1991, states that all of the applicable requirements for issuance of said permit are satisfied and that the permit for the dining room addition to Trails End Steak House, an historic restaurant, is granted. 2. Paragraph 38(3) of said Order concerns the requirement for off-street parking. 3 Said Paragraph 38(3) recites that the "restaurant has a seating capacity of 90 and the addition would increase the number of seats to 110." 4 In fact, prior to the granting of the Special Use Permit on December 2', 1991, the Trails End Steak House had a seating capacity of 175, consisting of 90 seats in the front dining room, 60 seats in the rear dining room, and 25 seats in the bar area. 5 The purpose and intent of the Special Use Permit granted on December 2, 1991, was to allow the expansion of the front dining room so as to allow additional seats to be added to the restaurant, over and above the seats already present in the restaurant. At that time, the Applicant presented proofs satisfactory to the Commissioners that there was sufficient off- street parking on the site to satisfy all applicable requirements as the same existed in 1991 6. As a result of the granting of said Special Use Permit on December 2, 1991, 20 seats were added in the front dining room, thereby increasing the seating capacity of the restaurant to 195 (110 seats in the front dining room, 60 seats in the rear dining room, and 25 seats in the bar area). 7 At all times since the completion of the addition to the front dining room as permitted by the Special Use Permit granted on December 2, 1991, Trails End Steak House has continuously had a seating capacity of 195 seats. 8. The recitals in Paragraph 38(3) of the Order Granting a Special Use Permit dated December 2, 1991, were and are in error as concerns the number of seats in the restaurant. 9 The Order Granting a Special Use Permit dated December 2, 1991, should be corrected so that Paragraph 38(3) correctly states the true seating capacity of the restaurant. . ~ ... .- . 10 The applicable 1991 standards for off-street parking to accommodate 195 seats require 75 parking spaces (1 space per 3 seats and I space per 2 employees). Based upon the parking layout presented by the applicant, sufficient off-street parking existed and does exist to comply with the applicable 1991 standards. NOW, THEREOFORE, IT IS ORDERED that the application for the correction of the Order Granting Special Use Permit dated December 2, 1991 be granted and that said Order be and hereby is corrected as fo llows: Paragraph 3B(3) of said Order is corrected to state that the total number of dining seats in the restaurant, following the addition referred to in said Order, is 195 seats, that the applicable 1991 standards require 75 parking spaces, and that such parking requirements have been met based upon the proofs submitted by the applicant. 2. The site plan, as revised to correct the parking layout, remains in effect. 3 Said corrections shall be deemed to be retroactive and to relate back to the issuance of said Order on December 2, 1991 4 Except as hereby corrected, said Order is and shall remain in full force and effect. This the 7th day of September, 1999. .w~Q.~ Chairman ~}(:/ Y~.M Clerk to the Board