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1989-03-13 RM Exhibits . . . .'" Consent Agenda 3/6/89 Recommend that DMV civil penalties be upheld. accounts, back tax or other infractions: Name Bowker, John Michael Brady, Billy Ray Burch, Marsha Wolff Cardwell, Rose M. Casciato, John Collins, Hattie Mae Dalessandro, Joseph Congetto Dawson, Bruce Edward Denison, Sandra Kaye Diemel, Francis Anthony Dobyns, Dixie Dean Hanley, John Jerome Jr. Hendricks, Harvey Dale Hudson, Patrick Shawn Jones, Dorothy Atkinson Kuhlken, John Paul Lewis, Kenneth Royal Litchfield, Suzanne Peterson Long, Robert Glenn Mitchell, Ike Edwin Murphrey, Robert Thomas Newkirk, Earlene Oliver, Rita Lane Parker, Jerry Wayne Potts, Patricia Lynn Reeves, Harry Lee Rhodes, Carlton Leigh Rice, Minnie Lee Scheer, Scott Smith, Jerry William Stroud, James William Sylvester, Louis Hargett Tallant, James Anthony Teachey, Daniel Glenn Tehan, Colleen Cecelia Thompson, Elisha Larry Vass, James Franklin Wasterval, John Rudolf Watters, Wendy Smith Widerman, Julia McCormack Williamson, Phillip Marshall Winegardner, Jeffrey Wayne Woodcock, Robert Lindsey Records reveal discovery Receipt Number 96387 96423 96600 96689 & 96690 96723 96859 \ 96992 & 96993 97046 97066 97101 97135 97756 97876 & 97877 98041 98263 98483 98603 98647 98697 & 98698 101484 99232 99301 99389 99464 99638 99763 99797 99802 100041 100275 100459 100514 100529 100554 100567 100611 100769 100880 100907 101025 101112 101154 101612 " ,;"",';':",Ntw Jlannutr -QI0U11tU iYoarb of <ltoultuinniontrn -tlroClatltatlon WHEREAS" the County Commission~rs recognize the right of every citizen to have the opportunity to obtain a well-structured basic education; and ~,} ~ ~1;; WHEREAS" working to provide assistance to students wi th special needs and concerns" school social workers offer essential student services to promote the maximum gevelopment of student potential; and ..~ ,'. '''~l, ~.. 'i;f. WHEREAS" school social workers work closely wi th the local Department of Social Services to investigate possible in.stances of child abuse and neglect" , .'.!!~l-;:.' ~~' NOW" THEREFORE" the New Hanover County Board of Commissioners does hereby proclaim the week of March 13 through March 17" 1989" as ,~.I}?lri";;,.. . }~.t: " '.' >:l~I;i, SCHOOL SOC I AL WORKER'S WEEK ;<F~ ~-~ t'''. ~2-~ in New Hanover County" and urge our citizens to recognize the many contributions school social workers make to the education of our youth. 1; 1'~' . !j: ,~ir. Signed this 13th day of March" 1989. ~IP; /f<' . " ~ I ~ i ' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 2: 00 p.m. on' the 13th day of March, 1989, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for Bid No: 2-89 for Boiler Superheat Tubes: Boiler Tube Company of America Metro Boiler Tube Co., Inc. Blueridge Tube Company Jack Heckman Tube Company, Inc. $57,750.00 $34,250.00* $36,678.46 $39,800.00 AND WHEREAS, the Resource Recovery Department, the Finance Director and the County Manager recommend that the contract be awarded to Blueridge Tube Company, Ringgold, GA., the lowest responsible bidder, in the amount of Thirty-Six Thousand Six Hundred Seventy-Eight Dollars and Forty-Six Cents ($36,678.46); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-480-4192-3920 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Boiler Superheat Tubes, Bid No: 2-89 be awarded to Blueridge Tube Company, Ringgold, GA, in the amount of Thirty-Six Thousand Six Hundred Seventy-Eight Dollars and Forty-Six Cents ($36,678.46); and that the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney. This 13th day of March, 1989. ~fdL Chairman, Board of County Commissoners ATTEST: ~ \~~~ *Did not meet bid specifications. Waste Management of Wilmington a WMI Service Center P.O. Box 4730 3920 River Road Wilmington, North Carolina,28406-1730 919/799-5256 ' . ~ 'eI A Waste Management Company 'I.ta r c]y' 10, 1989 Mr. Troy Flanagan New Hanover Steam Plant 3002 Highway 421 North Wilmington, North Carolina 28401 Dear Mr. Flanagan, Waste Management of Wilmington is pleased to offer the fallowing proposal: ~ &' ..../: " (1) 12' X 60' Office Trailer (Based on a nine (9) month lease agreement) Monthly Recurring Charges Monthly Flat Rate............~....... .$373.00 2% Sales Tax.......................... 6.10 Total Monthly Rate.................... 380.46 One Time Charges Delive~y and Install~tion............. .365.00 Se~urity Deposjt (Refundable).;.. ..... .383.00 Total Due Prior to Delivery....... ..$1,128.46 Dismantle.............................. 60.00 Return................................. 65.00 Thank you for the opportunity to submit this proposal, we look forward to serving New Hanover County. Sincerely, {1./"" , / ' / ~ ......... I (L/X~L<--( c...<./ ("'~/n / ~ r::::r-o--?,<-.v....j Olivia Cooke Sales Representative :p aCC/bce Apf>r':>''II'ed a. ~ e.>--t-'f"'...... l-h~~ 3) 14/89 OJ ~ o OJ (.) -S2 () ~ 'C '" D ~ J\ DiVision of Waste Management of Carolinas, Inc, I~i\ .\~~ :;::/' JI. P1\.OCLJl.fMJl.rr'r o1{ 'YVfiereas, 'Dr. JI[oert Scfiweitzer was a renowned physician, misswnary, tfieofogian, 'musicofogist ad organist, ad 'YVfiereas, fiis dedication to fmmanity fea liim to found a fiospital in a remote region of JIfrica, tfu village of Lambarene, and 'YVfiereas, 'Dr. ScfiweitZeTS respect for tfu individual ad pliifosophy of 'reverence for [ife,' as tfu prindpfe to"govern a[[ fiuman action, earned for rum tfu '1{g6ef Peace Prize in 1952, ad 'YVfiereas, this sanu prindpfe is needed today more tfian ever before and if practiced by a[[ peopfe wouUf acfiieve fiarmony among mankind, ad 'YVfiereas, tfu ,JI[6ert Scfiweitzer InteTtUltionaf Prizes are presented in (Wilmington, g..&rtfi Carorina to fionor tfu numory ad k.f,ep alive tfie teachings of tfiis great fiumanitarian 6y recognizing nun and wonun worUwitfe wfio e;'(emp[ify 'Dr. Scfiweitzer's 'reverence for [ife' in fiis tfiree areas of e~ertise m medicine, music ad tfu fiumanities, ad 'YVfiereas, tfie JI[bert Scfiweitzer InteTtUltionaf Prizes are tfu onfy inteTtUltwnal prizes of tfuir kind in the worUi ad tfie first inteTtUltionaf prizes given in g..&rtfi Carorina, tfiere6y focusing gfobal attentwn on g..&rtfi Carorina, tJ.&w :Hanover County, tfu City of Wi[mington ad tfu V.niversity of 9{prtfi Carorina at 'J1/i[mington, g..&w tfurefore be it reso[ved, that tfu 'Board Of County Commissioners of tJ.&w :Hanover County do fureby prodaim :Marcfi 19, 1989 tfirougfiMarcfi 23, 1989 as 5tDB'E/l(rr SCJ{WElrrZ'E1( WE'E?( ad urge a[[ residents to join me in fionoring tfiis e;'(empfary friend , of mankind and tfu e;'(ceptionaf individuals being fionored in his name. ",.... .~:., \-,' ,'-" ~&cFL. '.Fred ~tcfiin, Chai17fU1.n 9{g,w j{anover County ~-( ,;,'''j . -l' , . ,i. ". I rii, \ ;. , .....: '...,,'v--f!\. .. " '~,~ '1'" .~>~>. '. ",.,'" . '\.; -,'f -.vV'.....1 . JAMES G. MARTIN GOVERNOR -~~ ~~I i1i ;z:::: ~, I. 9'g1 ~ \LIl1r-nl,' I <lJlqlt EXECUTIVE ORDER NUMBER 37 NORTH CAROLINA RESPONSE TO AND MANAGEMENT OF FEDERAL RESTRICTIONS ON PRIVATE ACTIVITY BONDS AND LOW-INCOME HOUSING TAX CREDITS As Governor of North Carolina it has been made to appear to me upon satisfactory information furnished to me as follows: 1. The Tax Reform Act of 1984 established a federal volume limitation on the aggregate amount of "private activity bonds" that may be issued by each state. The interest on private activity bonds is exempt from federal income taxation. 2. Pursuant to Section 103(n) of the Internal Revenue Code of 1954 as amended, a previous Governor of North Carolina issued Executive Order 113 proclaiming a formula for allocating the federal volume limitation for North Carolina. 3. On October 22, 1986, the Tax Reform Act of 1986, hereinafter referred to as the "Act" was enacted. 4. The Act establishes (a) a new unified volume limitation for private activity bonds on a state by state basis, (b) a new definition of the types of private activity bonds to be included under those new limitations, (c) a new low-income housing credit to induce the construction of and the improvement of housing for low-income people, and (d) limits the aggregate use of this low-income housing credit on a state by state basis. 5. The Act provides for federal formulas for the allocation of these "state by state" resources, and also provides that individual states may, within certain limitations, provide different allocation formulas. 6. The Act gives interim authority for the Governor of each state to formulate and execute plans for allocation. 7. Section 146 of the Internal Revenue Code of 1986, as amended, and Section 42 of the Internal Revenue Code of 1986 as amended will require continued inquiry and study in the ways in which North Carolina can best and most fairly manage and utilize resources provided therein. NOW, IT IS THEREFORE ORDERED, pursuant to the authority vested in me by the laws and the Constitution of North Carolina: Section 1. Establishment. The North Carolina Federal Tax Reform Allocation Committee, hereinafter referred to as the "Committee", is hereby established. The Committee is a continuation of the Interim Private Activity Bond Allocation Committee established under Executive Order 28 and amended under Executive Order 31. The Secretary of the Department of Commerce, the Executive Assistant to the Governor for Budget and Management and the State Treasurer shall constitute the membership of this Committee. The Secretary of the Department of Commerce shall serve as Chairman of the Committee. Section 2. Duties. The Committee shall have the following duties: --- A. Manage the allocation of tax exempt private activity bonds and low-income housing credits and receive advice from bond issuers, elected officials, and the General Assembly. B. Continue to monitor bond markets, economic development financing trends, housing markets, and tax incentives available to induce events and programs favorable to North Carolina, its cities and counties, and individual citizens, and C. Continue to study the ways in which North Carolina can best and most fairly manage and utilize the allocation of private acti vi ty bonds.__and_.lo.w_inc.ome housing cred its. D. Report to the Governor, Lieutenant Governor and the Speaker of the House of the General Assembly as requested and on not less than an annual basis. E. Make the State Certification as described in Section 149(e) of the Internal Revenue Code of 1986, as amended, and may designate an individual to make this certification. Section 3. Allocation. To provide for the orderly and prompt issuance of private activity bonds and the use of low income housing credits there are hereby proclaimed formulas for allocating the unified volume limitation and the state housing credit ceiling. The unified volume limitation and the state housing credit ceiling each shall be considered as a single resource to be allocated under this Executive Order. The Committee shall issue allocations of the unified volume limitation and shall issue allocations of the state housing credit ceiling. The Committee shall set forth procedures for making such allocations and in the making of such allocations shall take into consideration the best interest of the State of North Carolina with regard to the economic development and general prosperity of the people of North Carolina. Section 4. Effective Date and Expiration Date. This Executive Order shall become effective immediately and will ex p ire Fe b r u a r y 1, 1 989. ----.-----.--.---..--.--.---.-.-. This the 13# day of ~ ' , 1987. ~ ',,- ----t~~ ~ M~CHISON, TAYLOR, KENDRICK, GIBSON & DAVENPORT / 16 NORTH FIFTH AVENUE , WILMINGTON, N, C, 28401 MEMO: PHONE 763-2426 ~Jrt8-l ~ ~~.~~ irl'L. ~ r~ /3. ~ .. " ~ (Jh.sL ~ ~- ~ ~ ~~ ..... ~ ~-IV~ y~ ~~:- ~.~ ~,~ WPCo MYRCHISON, TAYLOR, KENDRICK. GIBSON & DAVENPORT , 16 NORTH FIFTH AVENUE WILMINGTON. N, C, 28401 ~;, MEMO: PHONE 763-24~6 ~jr7);Y'j ~~~-~ ~~. Y~r rvt r I' ,/ (~~ ~~~~~~ ~ -~r. PI~ (9cf-? lC'.r)jJ ~ .~ fMt- -t of,!? ~ ,\J ~, 0-1(- ~~~.... tI r'-~~ fI - f - P - ~ - - -- f..$-JW , y 1v\;~ C \2 r' ~ :il-~ tv<a~ ~',f~~ WPCo " ~ ~ INTRPUBL.HRG EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of the County of New Hanover, North Carolina, met in regular session in the Assembly Room, County Administration Building in Wilmington, North Carolina, the regular place of meeting, at 7:30 o'clock, P.M., on March 13, 1989. The following Commissioners were: Present: Fred Retchin, Chairman, Jonathan Barfield, Sr.: W. Albert Corbett, Jr., E. L. Mathews, Jr., Nolan O'Neal r Absent: None * * * * * * The Chairman stated that The New Hanover County Industrial Facilities and Pollution Control Financing Authority <~ had adopted a resolution expressing its intention to issue revenue bonds and authorizing the execution and delivery of a 4 memorandum of inducement and intent pertaining to the financing of an industrial project for Interroll corporation. The Chairman submitted copies of the resolution and the inducement agreement to the Board. The Chairman then stated that a notice had been published on FebruarY2L, 1989 that the Board would hold a public hearing on March 13, 1989 on the proposed project and the issuance of revenue bonds to finance the project. The Chairman disclosed that Authority Commissioner Henry E. Miller's construction company was party to a construction contract with Interroll Corporation and that Commissioner Miller had not and would not participate on behalf of the Authority in the authorization of the proposed project or vote on any resolution approving the issuance of revenue bonds for the proposed project. Commissioner Barfield moved that the Board proceed to hold a public hearing on the project and the issuance of revenue bonds to finance the project. The motion was seconded by Commissioner Corbett and was unanimously adopted. At 7:40 o'clock, P.M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the proposed project and the issuance of revenue bonds to finance the project and that a representative of the Authority was present and was prepared to discuss the details concerning the proposed project and bond issue. The names and addresses of the persons who were present, summaries of their oral comments and copies of their written comments are set forth below: Wallace C. Murchison, attorney for The New Hanover County Industrial Facilities and Pollution Control Financing Authority, Wilmington, North Carolina, stated that the public hearing was on a $3,500,000 revenue bond issue for the benefit of Interroll Corporation, that in 1988 the Authority had asked for approval by the County Commissioners for a $3,500,000 bond issue to build a new facility for the manu- facture of parts, that the Authority was now asking for another $3,500,000 to expand the plant, that the minutes of the meeting of the Commissioners should disclose that one of the Commissioners of the Authority, Mr. Henry Miller, Jr., has a construction company which has a contract with Interroll Corporation, and therefore Commissioner Miller did not participate in actions of the Authority on this new project, but that the memorandum of inducement and intent was approved by the other Commissioners unanimously. Mr. Murchison introduced Mr. Barry Bernstein, Vice-President of Interroll Corporation, Hauppage, Long Island, New York. Mr. Bernstein stated that Interroll was founded about 21 years ago, that it has its corporate offices in Long Island, New York, that it manufactures conveyor parts and components and sells them through its own sales staff and representatives throughout the U.S. and through affiliates in other countries, that in 1987 the company embarked on a five- year program of expansion and relocation, that it has completed a 92,000 square foot building at the North Chase Industrial Park, that it began operations on October I, 1988, that Interroll would move its corporate offices to Wilmington in July, 1989, and that it was adding a 46,600 square foot building for additional warehousing and manufacturing space. -2- Mr; Bernstein said that the op~rati6n in Wilmington had been successful and that they expected to approach 200 employees in two years. He explained about the uses of conveyor parts and components. He asked for approval of the application for the bond issue and invited anyone interested to come out to the company and take a look. The Chairman asked if there were comments from the audience. Mr. William Funderburg, Route 2, Box 282, Castle Hayne, inquired whether he could obtain a copy of a transcript of the proceedings and the Chairman said that he could. Mr. Funderburg said that the project was of public concern to the Castle Hayne community, that the waste water discharge pipe for the North Chase facility dumps the final effluent into the Northeast Cape Fear River at Castle Hayne. Mr. Funderburg asked if the Department of Natural Resources and Community Development had issued a project certification. Mr. Murchison replied that it would come in the course of approval by the Department. Mr. Funderburg objected to certification not having already been issued. He then referred to Governor Martin's Executive Order No. 37 dated March 13, 1987. Mr. Murchison responded that the executive order deals with the allocation of revenue bond limitations among the various counties of North Carolina, that the executive order was to expire in February, 1989, but that he was sure that the executive order had been renewed, that there was no problem about the size of the bond issue ih reference to the allocation available to New Hanover County; and that this was a matter which would be covered at the State level. Chairman Retchin asked if that item would have to be approved by the Local Government Commission and Mr. Murchison replied that it would. Mr. Funderburg said that if the executive order was null and void as of this date he could not see where the Commissioners could approve the project in principle. Commissioner Barfield stated that the approval the Commissioners were giving at this time is basically approving the concept of the project and the authority to give approval for the project is done at the State level. Mr. Funderburg stated that the Commissioners would be asked for approval at a later time and that there would not be a public hearing at that time. The Chairman stated that Mr. Funderburg's objections were noted. Commissioner Corbett asked Mr. Funderburg if his main objection was about emptying the effluent, and Mr. Funderburg said that it was. Mr. Funderburg said that the North Carolina Department of Natural and Economic,Resources had not addressed that concern in regard to this project, the addition to the manufacturing plant. He referred to a pending lawsuit in reference to the discharge of North Chase wastewater into the Northeast Cape Fear River. Chairman Retchin said it would be fairer to Interroll Corporation to have expressed the basic 2A objection in the first place. Mr. Funderburg said that the things he brought out needed to be addressed. Mr. Murchison said that a certification from the North ,Carolina Department with respect to the effect on the environment was a require- ment of the bond issue and would be obtained in due course, that the sequence of events, as was true with the last bond issue for Interroll, was that the public hearing is held to see if the Commissioners approved the project in principle, then reports and findings by the State departments in Raleigh occur and eventually the bond issue would come back to the County Commissioners for approval of the bonds, so that Mr. Funderburg could express himself to the State departments on the question of wastewater and other effects on the environment. Mr. Bernstein said that Interroll's production developed no waste materials whatsoever in the air, water or ground. Only human waste would be discharged by the plant into the waste stream. He invited Mr. Funderburg to come take a look at the plant and said that as he understood it the argument was with North Chase and not with Interroll. There were no further public comments. 2B After the Board had heard all persons who requested to be heard, Commissioner Corbett moved that the. public hearing be closed. The motion was seconded by Commissioner O'Neal and was unanimously adopted. Commissioner Corbett then introduced the following resolution which was read at length: WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the state of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial project for industry, to acquire, construct and equip any such project, and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds in the principal amount of not more than $3,500,000 to pay all or a portion of the costs of the acquisition, construction and installation of an expansion of Interroll Corporation's existing industrial facility in the North Chase Industrial Park, N.C. HighwaY132, New Hanover County, for the manufacture of conveyor equipment, including the acquisition of approximately four acres of land, the construction of approximately 113,000 square feet of building additions and the acquisition and installation of machinery and equipment (the "Project") to be owned and operated by Interroll Corporation; and WHEREAS, the Authority intends to file an application for approval of the Project with the Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the elected board of county commissioners of the county from which the application is made has, by resolution after a public hearing, approved the issue of revenue bonds and approved in principle the proposed project and a certified copy of such resolution has been provided to the Department; and -3- WHEREAS, the Board of County Commissioners; pursuant to public notice duly given, has held a public hearing on the advisability of the Project and the issuance of revenue bonds to finance the Project and has considered the comments of persons who requested to be heard; and WHEREAS, in accordance with Executive Order 37 of the Governor of the State of North Carolina pursuant to section 146 of the Internal Revenue Code of 1986, the Authority has applied on behalf of the Project for an allocation of the private activity bonds volume limitation for the State of North Carolina for the calendar year 1989 and the Authority and the Board of County Commissioners understand that such allocation may be used only for the Project and that, to the extent that the face amount of the revenue bonds issued by the Authority to finance the Project is less than said allocation, such excess allocation shall revert to the State of North Carolina; and WHEREAS, the Board of County Commissioners desires to approve the Project in principle and the issuance of revenue bonds to finance the Project; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of New Hanover as follows: (1) The Project is hereby approved in principle. (2) The issuance of revenue bonds by the Authority to finance the Project is hereby approved. (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the Department of Commerce. (4) This resolution shall take effect immediately upon its passage. Commissioner Corbett moved the passage of the foregoing resolution and Commissioner Barfield seconded the motion, and the resolution was passed by the following vote: AYES: Commissioners Retchin, Barfield, Corbett, Mathews and O'Neal NAYS: None -4- STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER ) I, LUCIE F. HARRELL, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of New Hanover, a county in the State of North Carolina, was duly held on March 13, 1989, proper notice of said meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this ~ day of April, 1989. dY~ Board of Commissioners f\~d BIJur. PAGE RECORDED AItD VERIFIED I 4 5 9 0 253 REBECCA P.~UCKER REGISTER OF DE EDS NEW Htll,OVE~ CO, He STATE OF NORTH CAROLINA JUIt 9 8 S2 AM t89 COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF NAMING A PUBLIC ROAD ORDINANCE 4 It appearing to the Board of County Commissioners of New Hanover County that consideration h~s been given to the naming of a pUblic road to Dairy Farm Road, located in Cape Fear Township approximately 1,100 feet east of the 1-40 Sidbury Road intersection, extending north 3,100 feet to its intersection with Blue Clay Road and recorded as part of Deed Book 1159, Page 346 and it further appearing that a public hearing was held on Monday, March 13, 1989, at which time all persons were heard on the question of whether or not the naming would be in the public interest, and it further appearing that nGtice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road, and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover Coun~y should be named and the naming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Dairy Farm Road. IT IS FURTHER ORDERED that a copy of this oralnance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city withi.n five (5) miles of said road in' accordance with N.C. General Statute 153A-240. This ~~ Fred Retchin, Chairman Attest: 14 (\ i!n \ ~._~ .t> o '- DAIRY FA'R MROAD NAM'ING ROAD SCALE' I" O(JO" , = 4001 !J," ? A[; E 1459 G254 10 v-' -,- @ f J.L--- ,) - Z --I rn :0 (fl --I ~ --I rn DAIRY FARM ROAD " ------ ~ .t> o @ --- ~ ., ."- . ~ 8- SI DSURY I- I ROAD @] '-- ~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New ,Hanover County that consideration has been given to the assignment of house numbers on Marathon Avenue, located from its intersection with Castle Hayne Road (Hwy. 117) west to its termination, numerical range 3000 to 3900; and Lynn Avenue, located from its intersection with Castle Hayne Road (Hwy. 117) to its intersection with Bizzel Avenue, numerical range 3300 to 3900. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 13th day of March, 1989, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at the County Courthouse, and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is ordained and decreed that the above House Number Assignment be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff I s 911 dispatcher and to any city within five miles of said road in accordance with N.C. General Statutes 153A-240. Adopted this the 13th day of Attest: ~~I ' \..., vlE, THE UNDERSIGNED RESIDENTS, DO NOT SEE THE NEED FOR NEW ADDRESSES AS WE , ALREADY HAVE A GOOD ORDERLY STREET ADDRESS ASSIGNED BY THE U.S. POSTAL SERVICE. NAME ~~ 11 ~ ~ ADDRESS q J 7 J/}1 0 /' 4' 4~A/ ,;:/t,--- '~r I Vi s '5: ~()( S02-/YJ~ ~//~/!~~~ Sc?? I \ 1 /' h4)~CJ 7 I I \ .:- I I \ ,~ /:)9 I 16-/ / I I I (p/7 I I I &/ r { / t :25' I [ r7 / 9 / I f?o-:] \ I ytJ{ I I !li17 I I' 9// \ \ 9/~ I \ 9/0 I I ~()g \ I I ~/:z \ \ L 9/0 ~~ i i I \ \ I I , WE, THE UNDERSIGNED RESIDENTS, DO NOT SEE THE NEED FOR NEW ADDRESSES AS WE . ALREADY HAVE A GOOD ORDERLY STREET ADDRESS ASSIGNED BY THE U.S. POSTAL SERVI.CE. NAME ~ p~~ ~ t J LL- x.T. I ~.JLLv dd,~ >>~~ ADDRESS 9/0- /0 () 'J.-. I) 01 II 02- ///2; II d7 110<] II /~ /1/8" /:1..0 </ /-3 d () 1'2 CJ OJ /L/o ~ I~ a 7 ~ WE, THE UNDERSIGNED RESIDENTS, DO NOT SEE THE NEED FOR NEW ADDRESSES AS WE . ALREADY HAVE A GOOD ORDERLY STREET ADDRESS ASSIGNED BY THE u.S. POSTAL SERVfCE. N~E ADDRESS ~ ~ ~, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT RECYCLING CENTER: LARGE COLLECTION WITH PROCESSING The County Commissioners for New Hanover County having held a public hearing on March 13, 1989, to consider application number S-297, 3/89, submitted by William L. Seale, a request for a'special use permit to use the property located on the east side of US 117 (Castle Hayne Road) north of Parmele Road, and having heard all the evidence and arguments presented at the hearing, makes the f6110wing FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the pUblic health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located on the east side of US 117, Castle Hayne Road. Direct access to this major arterial is available. B. The property is located in the Castle Hayne VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. An existing abandoned meat packing building will be converted for use as a collection-processing facility. It is greater than 500 square feet and occupies a distinct tract of land. [69.13-1(2)(2)] B. The facility and its appurtenant uses shall not be located closer than 100 feet to any residentially-zoned property. The building is centrally located on an 8.3 acre parcel of land. l .' ... C. All outside storage and loading shall be located to the side and/or rear of the building. Storage and/or .loading so located must be screened from view from the highway: Th~ -site plan calls for the erectioh of a screening fence 80 feet long and eight (8) feet high to meet this requirement. D. Hours of operation shall be between the hours of 7:00 a.m. and 7:00 p.m. The applicant intends to operate from 8:00 a.m. to 5:00 p.m. E. Power-driven equipment, such as balers, crushers, etc., is permitted. Balers and fork-lifts will be used in operation of the business. F. Large collection facilities with processing are permitted by Special Use Permit in the B-2 Highway Business District and in accordance with Section 69-13. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The existing building, though dormant now, has been located on this parcel for many years and no evidence is available to substantiate that this use will have a negative impact on nearby property values. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformi ty with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Compliance with existing performance standards and prohibiting expansion of the existing structure would greatly reduce the chance of negatively impairing development patterns in the area. 6. Therefore, because the County commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. l ',' '. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority o~ this Board of Commissioners by a court ot co~petent jurisd.:!-ction,. then ,this permit shall become void and of no effect. ' C. Other: 1. 5. The use will comply with all other Federal, State and local laws. No outside storage is permitted except for materials located in trailers for transporting purposes. All other uses of the property shall be terminated prior to occupancy. All debris and materials inside and outside of the fenced area will be cleaned up and removed. A 75 foot buffer will be provided along the peripheral boundary adjacent to residentially zoned properties. 2. 3. 4. Ordered this 13th day of March, 1989. ~ fV;t: Freo Retchin, Chairman Attest: ~ I