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1997-05-19 RM Exhibits t [NTRODUCED BY Allen O'Neal, County Manager DATE. May [9 [997 RESOLUT[ON REQUESTING TIlE COUNTY COMMISSION TO AUTHORIZE CONVEYANCE OF [TS [NTEREST IN JOINTLY -OWNED LOTS TO TIlE W[LMINGTON LEGISLATIVE INTENT/PURPOSE. [n accordance with the jointly-owned real property policy adopted by City Council and the County Conunission, the following jointly-owned lots have been identified by Wilmington/New Hanover Conununity Development Corporation (CDC), as suitable for construction of owner occupied, single-family residences. It is the City s desire that the County Conunission authorize conveyance of its interest in and to this property to the City in order that these lots can be conveyed to CDC. [n accordance with the policy CDC must construct or move existing owner-occupied single family residences onto the lots within 18 months. NOW THEREFORE, BE [T RESOLVED' That the County Conunission authorizes the Chairman of the New Hanover Board of Commissioners to execute a quit claim deed conveying its interest in and to the below indicated parcels to the City of Wilmington. Parcel Number 048-13-040-002.000 048-14-012-025 000 048-09-042-020 000 054-06-013-008.000 054-06-013-010 000 Address 318 McRae Street 10 10 Campbell Street Murphy sAlley 1309 Ann Street 13 17 Ann Street Tax Value $1,67900 1,243 00 61700 2,092.00 2,092.00 Adopted at a re',tr mcctmg on 1'Y &- / fr , 19 il ri?S_T y/ ~ ~rk to the Board ~onunissioners Chairman CITY OF WILMINGTON AND NEW HANOVER COUNTY NOTICE OF CONVEYANCE OF PROPERlY BY PRIVATE SALE Please take notice that the Wilmington City Council and the Board of Commissioners of New Hanover County adopted a resolution authorizing the conveyance by private sale to Wilmington/New Hanover Community Development Corporation (CDC), a non-profit corporation, for the following described property. 318 McRae Street Parcel Number. 048-13-040-002.000 2. 10 to Campbell Street Parcel Number. 048-14-012-025000 3 Murphy sAlley Parcel Number 048-09-042-020.000 4 1309 Ann Street Parcel Number. 054-06-013-008.000 5 13 17 Ann Street Parcel Number. 054-06-013-0 10 000 This property will be conveyed to the Wilmington/New Hanover Community Development Corporation (CDC) without monetary consideration to be used in a program with the purpose of constructing a single family residence for lower and moderate income persons or families. This conveyance is made pursuant to the authority of G.S. 160A-279 for the public purpose of providing lower and moderate income housing. The conveyance shall not be consummated until tcn (10) davs after the publication of this notice. A. Penelope Spicer Sidbury, City Clerk City of Wilmington Lucie Harrell, County Clerk New Hanover County Advertised: May 30, 1997 MAY 2 b NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 04/30/91 CURRENT TAX YEAR - 1996 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED lESS ABATEMENTS TOTAL TAXES CHARGED ADVERTISING FEES CHARGED lISTING PENALTIES CHARGED TOTAL lEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS EMS COLLECTIONS AD VALOREI~ $ 51.988.153.91 2.531.161.24 88.193.15- --------------- $ 54.431.121.46 13.149.50 48.612.94 --------------- $ 54.499.489.90 53.198.186.12- --------------- $ 101.303.18 98.11%* $ 2.431.423013 45 320.32 138:136.40- --------------- $ 2.338,601.05 156.991.30- $ 1.581.615.15 32.31% APR 1991 129.201.81 142.50 .00 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR CITY OF WIlMINGTONl WRIGHTSVILLE BEACH. CAROLINA BEACH TO DATE - $8~.002.148.14. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1. RE~PE)TFUllY SUBMIT\~, d--rn L I ,~ ? I \~- ......r-v PATRICIA J. RAY~R U COLLECTOR OF REVENUE CONSENT AGENDA DA TE _________ ITEM NO.______ MOTOR VEHICLE $ 4.984,294.19 66,059.83 54,121.11- --------------- $ 4,995,621.45 .00 .00 $ 4.995.621.45 3.696.692.21- --------------- $ 1.298,935.18 14.00%* FISCAL YTD 1,123.041.84 11.596.38 .00 NEW HANOVER COUNTY. BEACH AND KURE 1996. * COMBINED COLLECTION PERCENTAGE - 96.64% CONSENT AGENDA DATE _________ ITEM NO.______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 04/30/97 CURRENT TAX YEAR - 1996 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES ---------- 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 JULY I, 1996. AD VALOREM MOTOR VEHICLE $ 1,143,852.52 58,245045 24,160074- --------------- $ 1,177,937023 991 0 59 $ 119,142.09 1,652028 1,414.88- --------------- $ 119,379049 000 $ 1,178,928082 1,164,789.05- --------------- $ 14,139.77 98080%* $ 119,379.49 89,794099- --------------- :$ 29,584050 75.22%* 45,708015 1,214.59 3,722.00- --------------- $ 43,200.74 14,035064- --------------- $ 29,165010 32.49% ~CTFULLY SUBMIT~D, '\ I tlJ ......(tV 6--1 ~ ; U PATRICIA J. RA~DR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 96063% NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description TRELAWNEY COURT WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described raad(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the op~~on 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 of Highways of the Department of Transportation for the addition of roads to the System NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of 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 Commissioners of the County of 19TH day of MAY was duly adopted by the Board New Hanover at a meeting on the , 1997 of ~ifSS my hand and official seal this the , 1997 /f'~ day of ~ ie F Harrell, Clerk Ne an over County Board of Commissioners Form SR-2 Please Note resolute wp Forward direct to the District Engineer, Division of Highways A RESOLUTION OF THE NEW HANOVER COUNTY .. BOARD OF COMMISSIONERS The Board of Countv Commissioners of New Hanover County hereby resolves to amend the Policv and Procedures for Appointments to Countv Boards. Commissions. Committees or Authorities, as follows: Amend Section I Subsection E to read. E) Whenever any appointee shall incur three unexcused absences, said appointee s failure to attend shall be reported by the presiding officer of the respective board, committee, commission or authority to the Chairman of the Board of County Commissioners. Such unexcused absences on the part of any appointee may at the election of the Chairman of the Board of County Commissioners, be deemed to constitute resignation on the part of the appointee, from such board, committee, commission or authority Excused absences are defined as absences caused by events beyond one's control and are subject to approval by the Board on which the appointee is serving. Except as amended, the above-referenced Policy and Procedure shall remain in full force and effect. Thisthe/tj~ daYOf~ 1997 NEW HANOVER COUNTY 1J;;&i- Robert G. Greer, Chairman ATTEST AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County North Carolina, does hereby enact Article XV Personal Watercraft Safety to be codified in Chapter 12, Offenses, of the New Hanover County Code: Section 12143. Definition. For purposes of this ordinance, 'personal watercraft" means a small vessel which uses an outboard motor or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. Section 12 144 Ooerator A person shall not lease, hire, rent, operate, or knowingly give permission to operate a personal watercraft on the waters in this County unless the operator is 16 years of age; provided, however said prohibition is subject to the following exceptions: (a) A person between the ages of 13 and 16 may operate a personal watercraft if he has completed a boater's safety education course approved by the N. C. Department of Wildlife and Natural Resources, U S. Coast Guard Auxiliary or National Association of State Boating Law Administrators, and is in possession of the certificate at time of operation. (b) A person between the ages of 13 and 16 may operate a personal watercraft without certification if accompanied by an adult age 18 or older The lanyard of the personal watercraft must be attached to the adult. Section 12 145. Reauired Eauipment. A person shall not operate a personal watercraft on the waters of New Hanover County unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. If equipped with a self-circling device, such device must be fully operational. If equipped with a lanyard-type engine cutoff switch, the lanyard must be attached to the operator's clothing, body or personal fiotation device. Section 12 146. Speed. In the following specified areas, no person may operate a personal watercraft in excess of headway speed which shall not exceed five mph: (a) Within the posted waters of the University of North Carolina at Wilmington Research leased area. (b) Within fifty (50') feet of posted waterbird sanctuaries or management areas. (c) Within fifty (50') feet of a person in the water or an anchored vessel. (d) Within fifty (50') feet of a pier or dock in the waters of New Hanover County excluding the waters of the I ntracoastal Waterway (e) Within the New Hanover County waters of the Atlantic Ocean, a person may not operate a personal watercraft at any time in excess of headway speed which shall not exceed five mph within fifty (50') feet of persons in the water or surf fishermen. (I) Within twenty-five (25') feet of marsh or shore within the following areas: (1) Bounded by the Atlantic Intracoastal Waterway to the west, Shinn Creek to the south, Banks Channel to the east and Motts Channel to the north. (2) Bounded by the Atlantic Intracoastal Waterway to the west, Lee s Cut and the Highway 74 bridge extending across the waters of Banks Channel within the Town of Wrightsville Beach, North Carolina to the south, the mainland of the Town of Wrightsville Beach to the east, and the creek leading from the Atlantic Intracoastal Waterway to Mason's Inlet to the north. (3) Bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel-to the north, and Carolina Beach Inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Research Reserve System). Section 12 147 Wildlife. In accordance with N. C. General Statute 113-291 1 it shall be unlawful for an operator of a personal watercraft on the waters in New Hanover County to chase, harass, molest, or disturb any wildlife except when lawfully angling for hunting or trapping such wildlife. Section 12 148. Sale. At the time of purchase, a dealer in personal watercraft shall require the buyer of a personal watercraft to view a safety video addressing safe operation of the watercraft. Section 12 149. Lease. A personal watercraft livery owner or the livery's agent or employee shall: (a) Post personal watercraft regulations; (b) Require all renters to read the regulations; (c) Require all renters to sign a rental contract, containing a clause stating that the renter read and understood all applicable safety regulations; and (d) Require all renters to view a New Hanover County approved video relating to personal watercraft safety operation. Section 12 150. Penalties. Any person who shall violate the provisions of this Article shall be guilty of a Class 3 misdemeanor punishable by a fine of not more than Two Hundred and Fifty Dollars ($250.00) or imprisonment for not more than twenty (20) days, in the discretion of the Court, as provided by Section 14- 4 of the General Statutes. Thisthelf4dayofo/-,1997 ArrEST ~ Robert G. Greer Chairman Board of Commissioners ~\~ /~ Cle to the Board AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County North Carolina, does hereby ordain that a new section, to be captioned Article V Drainage, shall be added to Chapter 11 Nuisances, New Hanover County Code, as follows: Article V Drainaoe. Section 11-90. Obstruction Prohibited. No person shall fill, pipe, alter or place materials (including but not limited to rubble and vegetative debris) within or around an existing swale, ditch, or other drainage way without prior written approval of the County Engineer The person desiring to secure such County approval shall provide engineering calculations for any drainage modification, if required by the County Engineer Unapproved obstructions of swales, ditches, or other drainage ways shall constitute a drainage nuisance hereunder Section 11-91 Drainaoe Nuisance. It shall be unlawful for any person to cause, permit, maintain, make, allow or contribute to the creation or existence of a drainage nuisance. Section 11-92. Notice to Abate. Whenever a drainage nuisance is found to exist within the County the County Engineer or some other duly designated officer of the County shall give written notice to abate directed to the owner and/or occupant of the property upon which such nuisance exists or upon the person causing, allowing or continuing the drainage nuisance. Section 11-93. Contents of Notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain: (a) An order to abate the drainage nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances. (b) The location of the drainage nuisance. (c) A description of what constitutes the drainage nuisance. (d) A statement of facts necessary to abate the drainage nuisance. (e) A statement that if the drainage nuisance is not abated as directed and no request for hearing is made within the prescribed time, the County may abate such nuisance and assess the cost thereof against such person. Section 11-94. Service of Notice. The notice to abate a nuisance may be served as any other legal process pursuant to law Section 11-95. Abatement bv Countv Upon the failure of the person upon whom notice to abate a drainage nuisance was served pursuant to the provisions of this chapter to abate the same, the County Engineer or other duly designated officer of the County shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. Section 11-96. County's Costs Declared Lien. Any and all costs incurred by the County in the abatement of a drainage nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed with thetax administrator and collected in the same manner as provided for the collection of ad valorem taxes. Such lien shall be notice to all persons from the time of its filing with the tax administrator and shall bear interest at the legal rate thereafter until satisfied. Section 11-97 Administrative Hearing. At any time before the expiration of the period specified in the notice to abate or specified for payment of the civil citation, the owner or occupant of the property or in the instance of a citation the party cited, may request a hearing before the County Manager or the Manager's designee, at the Manager's election. The request for a hearing must be in writing and must be filed in the office of the Manager The Manager or his designee shall fix a time for the hearing, and the initial abatement order or citation collection may be temporarily suspended pending such hearing. At the hearing, the individual affected by the order or citation shall be given the opportunity to present evidence to refute the findings that support the abatement order or citation. Upon completion of the hearing, the Manager or his designee, shall consider the evidence before him and shall either revoke the initial order issue a final order that differs from the initial order or reinstate the initial order as a final abatement order or in the instance of a citation, affirm or nullify the civil penalty Section 11-98. Civil Citation. The County Engineer or other duly designated officer may issue a citation which subjects the offender to a civil penalty of One Hundred Dollars ($100.00) for the first offense, Three Hundred Dollars ($300.00) for second offense, and Five Hundred Dollars ($500.00) for a third or subsequent offense The penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this article. ",y",+",,, This the / flAJ ~O""OY dJ.. Robert G. Greer Chairman Board of Commissioners ATTEST ~~~~ . RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Environmental Management Department at 11.00 a.m. on the 16th day of May, 1997 at the New Hanover County Environmental Management Administration Building, 3002 Highway 421N, Wilmington, North Carolina, and the following bids were received for the construction of Cell 4B Robbinsville Contracting Company Inc. Tri-State Consultants, Inc. ES&J Enterprises, Inc. $958,32000 $1,239,82400 $1,140,000.00 WHEREAS, according to G.S. 143-132, iffewer than three bids are received after the first advertisement for a formal construction bid, a second advertisement of the proposal should be made and after this second advertisement, the award may be made even if only one bid has been received, and WHEREAS, after the first advertisement, only one bid was received and the project was advertised as required by General Statutes a second time after which three bids were received; and WHEREAS, upon opening bids after the second advertisement it was determined that the low bidder failed to prequalify with the County as required by County Ordinance; and WHEREAS, the Board of Commissioners upon advice by the County Attorney acted to reject all bids at their meeting of May 5 1997 and to direct a rebidding with a May 16, 1997 bid opening; and WHEREAS, Post, Buckley, Schuh, & Jermigan, Inc., the consulting engineers for the project have reviewed the proposals and recommend award to Robbinsville Contracting Company, Inc., and WHEREAS, the Environmental Management Director and the County Manager recommend that the contract be awarded to Robbinsville Contracting Company, Inc., a North Carolina corporation, the lowest responsible bidder, in the amount of Nine Hundred Fifty-Eight Thousand Three Hundred and Twenty Dollars ($958,320 00); and WHEREAS, funds are available in Special Obligation Bonds to cover this contract; ~ ~ NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for the construction of Landfill Cell #4B for the Environmental Management Department, be awarded to Robbinsville Contracting Company, Inc., in the amount of Nine Hundred Fifty Eight Thousand Three Hundred Twenty Dollars ($958,320 00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 19th day of May, 1997 ( NEW HANOVER COUNTY ~~~------------ Robert G Greer, Chairman Board of-Commissioners ATTEST *v~ CI rk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 That the Subdivision Ordinance of the County of New Hanover adopted October 18, 1969, as amended be and the same is hereby further amended as follows: Revise 32(2) to read. 33(2) The suhdivider shall suhmit a final plat for all or part of the approved preliminary plan within 24 months ~r the preliminary approval date. If a final plat or section thereof is not !,uhmittedwithin this 24-month time limit, or if there is a lapse of more than 24 months in the submittal of any s71bsequent section, the plat must he res71bmitted as a preliminary plan in accordance with this Ordinance. Otherwise, the preliminwy plan approval shall become void unless an extension of time is applied for prior to the expiration of 24 months. Section 2. Any ordinance or 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. 19~ Adopted this ~ day of May ] 997 /;JJ~ Robert G. Greer Chairman Attest: