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1996-09-03 RM Exhibits 9\&w Jlanover County 130ard of Commissioners Procfamation Hunting and Fishing Day WHEREAS, hunting and fishil1:g have always been an important part of the American tradition. While these activities may no longer be necessary for survival-~as they were in early days of the nation-- they are still relevant ,today; and WHEREAS, sportsmen and sportswomen recognize the critical role of habitat--quantity and quality of air, land, water, adequate cover or shelter, appropriate space, and sufficient arrangement--for the existence ofal/living things. For over 100 years, they have been in the forefront of the conservation movement. Not content with merely vocalizing their support, the hunters and anglers requested special fees and taxes on their equipment to pay for scientific research, habitat acquisition and improvement, education, and enforcement. Over the years, funds raised total over $19 billionfor conservation,' and WHEREAS, programs financed by hunters and anglers have led to the dramatic comeback of many wildlife species. These included game species such as the wild turkey, tundra swan, snow geese, ducks, and white,taileddeer. However, these efforts also helped the comeback of nongame species including the br;lld eagle, other raptors, songbirds, shore birds, alligators, fur bearers, and others,' and WHEREAS, individuals and through their organizations, hunters and anglers volunteer countless hours of their own time for local conservation projects and to raise even more funds for consen'ation; and WHEREAS, we would like to take this opponunity to commend responsible hunters and anglers for thdr efforts on behalf of wildlife andfor their contributions to conservation; NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners do hereby proclaim Saturday, September 28, 1996, as "Hunting and Fishing Day" in New Hanover County and urge all our citizens to join with hunters, anglers and other responsible conservationists to.ensure the wise use and proper management of our natural resources to benefit future generations. Adopted this the third day of September, 1996. 1?Lh6,~ Robert G. Greer, Chairman Y/~ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: LANTANA LANE WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 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 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 3rd day of September was duly adopted by the Board of New Hanover at a meeting on the , 1996. ,~~~ my hand,a~~9~~ficial seal this the ~~ day of Board of Form SR-2 Please Note: Forward direct 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 SHINN POINT SUBDIVISION WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 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 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 was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3RD day of SEPTEMBER , 1996. ~~NESS my hand and official seal this the ~~ ~ ,1996. day of e F. Harrell, Clerk New an over County Board of Commissioners Form SR-2 Please Note: Forward direct 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: TODD AVENUE OFF HOLLAND DRIVE WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 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 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 was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3RD day of SEPTEMBER , 1996. .~~~ my hand,a~~9~:ficial seal this the f~ day of of Form SR-2 Please Note: Forward direct 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: WEEPING WILLOW ROAD WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 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 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 was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3RD day of SEPTEMBER , 1996. LJ~~~~~S my hand and official seal this the 1t/t[ ~ ,1996. day of Board of Form SR-2 Please Note: Forward direct 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: ELK RUN AND BEAVER CREEK SUBDIVISIONS Commissioners of the County of New Hanover requesting that the above described road(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 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 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 was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3RD day of SEPTEMBER , 1996. hand and official seal this the ~~ , 1996. day of ~ '(/'~ Lu ie F. Harrell, Clerk New Hanover County Board of Commissioners Form SR-2 Please Note: Forward direct 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: MEADOWOOD DRIVE IN SMITH CREEK ESTATES WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 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 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 was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3RD day of SEPTEMBER , 1996. v~WIPNESS my hand and official seal this the ,t~ X;;~ ' 1996. day of ~ of Luc'e New nover County Commissioners Form SR-2 Please Note: Forward direct to the District Engineer, Division of Highways. resolute.wp 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 11:00 a.m., on the 6th day of August, 1996, at the County Administration Building, 320 Chestnut Street, Wilmmgton, North Carolina., and the following bid was received for vehicles for the Sheriff's Department, Bid # 97-0071: Bob King Pontiac-GMC, Inc. Vehicle 2-1 $14,250.00 Vehicle 2-2 $14,250.00 Vehicle 3-1 $15,500.00 Vehicle 3-2 $12,995.00 Vehicle 3-3 $14,250.00 AND WHEREAS, the Sheriff's Department has mspected the vehicles and determmed that all the vehicles proposed are satisfactory except Velncle 2-2 and in the bid package the County reserved the right to add or delete quantities, AND WHEREAS, the Sheriff, the Finance Director, and the County Manager recommend that the contract for vehicles 2-1, 3-1, 3-2, and 3-3 be awarded to Bob King PontIac-GMC, Inc. of Wilmington, North Carolina., the only responsible bidder, in the amount of Fifty-six Thousand Nine Hundred Ninety-five Dollars ($56,995.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 347-431-8000-7300-6450 Job Code CST AX030 for two of the vehicles and a budget amendment is part of thiS request to transfer the necessary funds for the remaining to two vehicles to Account No. 110-431-4311-6450 cover thiS contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for vehicles for the Sheriff's Department, Bid # 97-0071 be awarded to Bob King Pontiac-GMC, Inc. in the amount of Fifty-six Thousand Nine Hundred Ninety-five Dollars ($56,995.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 3rd day of September, 1996. 17tl-J~~ Chairman, Board of County Commissioners RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County previously approved the purchase of land for the construction of a library branch at the July 1, 1996 Board of Commissioners meeting; AND WHEREAS, staffis requesting approval of Contract # 97-0132, an installment contract with First Union National Bank for the financing of the land acquisition as authorized by North Carolina General Statute 160A-20; AND WHEREAS, North Carolina General Statute 160A-20 requires New Hanover County to hold a public hearing prior to the approval of a financing agreement for real property; AND WHEREAS, a related budget amendment has been prepared and is submitted for approval as part of this request; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the budget amendment is approved and Contract # 97-0132 with First Union National Bank for financing of land for a branch library is approved and the Finance Officer and County Manager of New Hanover County are hereby authorized and directed to act on behalf of the County of New Hanover in regard to Contract # 97-0132 and other actions not inconsistent with this resolution. This 3rd day of September, 1996. 1?,tJ;5~ Chairman, Board of County Commissioners ATTEST: ~ ~JV ~ Cl k to the Board --- ~.' BYLAWS OF THE NEW HANOVER COUNTY PARKS FOUNDATION ARTICLE I Name Section L. The name of this organization shall be NEW HANOVER COUNTY PARKS FOUNDATION. ARTICLE II Purpose Section 1. The purpose of this organization is to encourage, promote, and help provide recreational facilities to secure and protect open space, and to coordinate and accept gifts of land and recreational improvements, as set forth and subject to the limitations contained in the Articles of Incorporation. ARTICLE III Membership Section L. Membership in this organization shall be open to all citizens of New Hanover County who are in sympathy with its purpose and to representatives of organizations and clubs when such representation is desired by the Board of Directors. . Section 2. Each membership in good standing shall be entitled to vote for the officers of the corporation as described below. ARTICLE IV Officers Section L. The officers of this organization shall be a President, Vice President, Secretary, and Treasurer. Section 2.... Officers shall be elected by a majority vote ofthe members present at the annual meeting as set forth in Article VII for the term of one year but for not more than two successive terms. They shall take office immediately following the annual meeting. ARTICLE V Duties Qf Officers Section 1. The President shall preside over and conduct meetings of the organization and shall act as Chairman of the Board. He shall appoint all committees except the Nominating Committee, and he shall be an ex-officio member thereof, except of the Nominating Committee. Section 2. The Vice President shall perform the duties of the President in the absence of the President and shall perform duties designated by the President. Section 1. The Secretary shall take minutes of all membership and board meetings. He shall notify the members of the time and place of the meetings and shall conduct the correspondence of the organization. The Secretary shall keep a membership list. Section 4. The Treasurer shall receive and disburse all funds of this organization as directed by the Board of Directors for purposes that are consistent with these By-Laws and the Articles of Incorporation of this organization and shall keep an accurate and detailed record of all receipts and disbursements, which record shall at all times be subject to inspection by any member of the Board of Directors and the Board of Commissioners of New Hanover County. The Treasurer, if not an employee of New Hanover County, shall be bonded in an amount designated by the Board of Directors. ' Section 5. With the exception of the office of the President, one person may be elected to serve any two offices. ARTICLE VI Board of Directors Section 1. There shall be a Board of Directors which shall consist of seven persons, three of whom shall be appointed by the New Hanover County Board of County Commissioners and four of whom shall be Elected Directors. The Appointed Directors shall be appointed by the Board of County Commissioners and may include one or more members of the Board of Commissioners of New Hanover County, one representative from the County Manager's staff, and one or more individuals from a list of nominees prepared by the New Hanover County Parks and Recreation Advisory Board. The Elected Directors shall be nominated by the Nominating Committee, with the consent of the nominee, at least one month before the annual membership meeting. Additional nominations may be made from the floor with the consent of the nominee. The Elected Directors shall be elected by a majority vote of those directors present at the annual meeting. The staff director for the County Parks Department and the budget director of the New Hanover County shall be ex-officio members of the Board of Directors. Section 2. The term of office of the seven directors shall be for three years. Positions shall be vacated in rotation as nearly as practical. The Board of Directors shall appoint directors for two year terms, except for the first year when one director shall be appointed for three years, two for two years, and one for one year. The first year, the Board of County Commissioners shall appoint two directors for three years and one for two years and thereafter shall appoint persons to successive terms of three years. Section 1. The Board of Directors shall conduct the affairs of the organization. Section 4. Vacancies of the appointed Board members shall be filled by appointment of a person for the remainder of the unexpired term, by the entity, whether the Board of County Commissioners or Board of Directors, that made the original appointment. A vacancy on the Board shall be considered to have occurred when a member of the Board fails to attend three-fourths of the regularly scheduled Board meetings. Section ~ The Board of Directors shall meet at least quarterly. Section 6. A majority of the Board shall constitute a quorum. ARTICLE VII Meetings Section.L. The general membership shall meet at least annually in the month of October at which time elections of officers shall be held. The officers must be members of the Board of Directors. The officers shall be nominated by the Nominating Committee, with the consent of the nominee, at least one month before the annual membership meeting. Section 2. Special meetings of the organization may be called by the President or by a majority of the Board of Directors. Section 3. A quorum for any general membership meeting shall be those members in good standing present at the meeting. Section 4. A simple majority shall rule at any general meeting except for voting of amendments. ARTICLE VIII Fiscal Year Section 1. The fiscal year shall be from October 1 through September 30. ARTICLE IX Committees Section 1. There shall be a nominating committee composed of five members which shall be appointed by the Board of Directors. At least one member shall be from the Board of Directors and at least one member shall be from the general membership. The nominating committee shall nominate officers from the Board of Directors. Section 2. Other committees shall be appointed by the President as deemed necessary. ARTICLE X Amendments Section.L. An amendment to these bylaws may be proposed by a majority of the Board of Directors. Section 2. Amendments to these bylaws may be adopted at any general membership meeting by a two-thirds vote of those present after notification in writing to each member at least two weeks before the meeting at which the voting is to take place. ARTICLE XI Parliamentary Procedure Section 1. Robert's Rules of Order Newly Revised. when not in conflict with these bylaws, shall govern the proceedings of this organization. ARTICLE XII Conflicts ofInterest Section 1.... Any director having a conflict of interest or conflict of responsibility on any matter involving the corporation and any other business or person shall disclose the conflict to the Board and shall refrain from voting on such matter. No director or officer shall use his or her position as a director or officer of the corporation for his or her own direct or indirect financial gain. Nothing in this article shall be construed to preclude any director from serving the corporation in any other capacity and receiving reasonable compensation for such services. 9\@w :;{anover County ~oanf of Commissioners 1\f,so[u tion WHEREAS, in March 1994, Governor James B. Hunt Jr I initiated his Transportation 2001 plan; and WHEREAS, the Transit 2001 plan included the study of the provision of faster rail service between Raleigh and. Charlotte, and advocates planning for interstate high-speed rail corridors, and WHEREAS, the Transit 2001 plan endorses planning for an intrastate network of intrastate rail passenger services, such as those recommended between Wilmington and Fayetteville, Wilmington and Raleigh, and Wilmington and Charlotte; NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners endorses the speed rail component of the Transit 2001 plan and the studying of the feasibility thereof. Adopted, this the 3rd day of September, 1996. ~~~ Robert G. Greer, Chairman ATTEST AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING PLANNED DEVELOPMENT DISTRICT OF LANDFALL. IN NEW HANOVER COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Planned Development District of Landfall is hereby amended by removing the hereinafter described tract from the Planned Development Office and Institution Classification and placing it in the Planned Development Commercial Classification, said land being described as follows: Being all of lots C andE of lot 2 Commercial Section lB at Landfall as surveyed by Hobbs Surveying Company. Said lots are located along Culbreth Drive. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Planned Development District of Landfall 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. Adopted the 3rd day of September, 1996. /f?JjIJ.~ Robert G. Greer, Chairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 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 41-1 to read: If two or more adjoining and vacant lots of record containing less than 100 feet in total width and less than 20,000 square feet in total area are in single ownership at any time after the adoption of this ordinance, such lots shall he considered as a single or several lots which meet the minimum requirements of this ordinance for the zoning district in which such lots are located. 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. Adopted this 3rd day of September, 1996. Jlb~ Robert G. Greer, Chairman . ~;rV~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, New Hanover County strongly believes in the maintenance of a healthy coastal environment as a critical factor in preserving a high quality of life for its residents; WHEREAS, New Hanover County has a demonstrated record over the years of support for the coastal environment, including; The investment of $80,000.00 over four years in joint estuarine studies with UNC- W and the Northeast New Hanover Conservancy. Development of Conservation Overlay District regulations to protect estuarine resources. Support of efforts that have successfully re-opened Futches Creek to shellfishing. Significant efforts that have placed the County in the forefront for CAMA Land-Use Plans. Significant support for CAMA beach access facilities and for the Masonboro Island and the Zeke's Island Estuarine Reserves. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners, as demonstrated by the County's record, is fully committed to being the lead governmental entity in 1. the removal of the temporary sand bag revetment at Mason's Inlet within five years; and 2. aiding in the development of an economically and environmentally reasonable and practical plan to stabilize Mason's Inlet over the long-term; and 3. directing its staff, after a permit has been issued for a sand bag revetment to provide temporary protection, to aid in the development of a long-term inlet stabilization plan. BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners: Agrees to enter into a signed consent order in a form acceptable to the State and the County Attorney guaranteeing the removal of the sand bag revetment in five years, on the condition that Shell Island Homeowners Association, Inc. delivers a performance bond or letter of credit in a form acceptable to the State, prior to issuance of the temporary sand bag permit, in the amount of$50,000.00 to guarantee removal of the temporary sand bag revetment in five years. This the 3 Ill) day of September, 1996. NEW HANOVER COUNTY 2~ ROBERT G. GREER, CHAIRMAN NEW HANOVER COUNTY COMMISSIONERS ATTEST: /. / ~X//V~ C RK TO THE BOARD CS025 I A.DOC AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 6.7, Emergency, Section 6.7-16, State of Emergency, is hereby amended by the addition of a new subsection d): (d) Upon declaration of a state of emergency and for the duration of such proclamation, all employees of New Hanover County shall be designated and recognized as emergency personnel. Except as specifically amended above, Chapter 6.7 shall remain in full force and effect. This the.3'~ day o~. , 1996. NEW HANOVER COUNTY ATTEST: /f?~ &..- Robert G. Greer, Chairman Board of Commissioners 'V~