1989-06-05 RM Exhibits
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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 Old
County Courthouse, Wilmington, North Carolina, the regular
place of meeting at 7:30 o'clock, P.M., on June 5, 1989. The
following Commissioners were: -
PRESENT:
Fred Retchin, Chairman, Jonathan Barfield, Sr.,
W. Albert Corbett, Jr., E. L. Mathews, Jr.,
Nolan O'Neal
ABSENT:
None
* * * * *
A representative of The New Hanover County Industrial
Facilities and Pollution Control Financing Authority (the
"Authority") appeared before the Board and advised the Board
that the Authority had adopted a bond resolution authorizing
the issuance of revenue bonds in the principal amount of
$3,500,000 and the execution and delivery of financing
documents pertaining to the financing of industrial facilities
in New Hanover County for Interroll Corporation (the
"Company") .
The representative submitted to the Board drafts of an
Indenture of Trust between the Authority and Mellon Bank,
N.A., as Trustee, a Loan Agreement between the Authority and
the Company, a form of Letter of Credit to be issued by NCNB
National Bank of North Carolina and a Deed of Trust and
Security Agreement. The representative further stated that
the Authority proposed to issue and sell the bonds to one or
more institutional investors at a price of 100% of the
principal amount thereof and requested that the Board approve
the issuance of the bonds.
Commissioner Barfield introduced the fol-
lowing 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,
improve 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 proposes to issue its revenue
bonds in the principal amount of $3,500,000 (the "Bonds") and
to lend the proceeds thereof to Interroll Corporation (the
"Company") to finance the costs of the acquisition,
construction and installation of an expansion of existing
industrial facilities for the manufacture of conveyor equipment
in New Hanover County (the "Project") to be owned and operated
by the Company; and
WHEREAS, the Board has heretofore held a public
hearing, pursuant to public notice duly given, and has here-
tofore approved the Project in principle and the issuance of
revenue bonds to finance the Project; and
WHEREAS, the Act provides that no bonds shall be
issued thereunder unless the issuance thereof shall have been
approved by the governing body of the County and the Board
desires to approve the issuance of the Bonds by the Authority;
a~ ~
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WHEREAS, the Board has considered the financing doc~ments
presented to it setting forth the terms of the revenue bond
financing; and
WHEREAS, the State of North Carolina has allocated to the
Authority for the Project $3,500,000 of the private activity
bonds volume limitation for the State of North Carolina for the
calendar year 1989;
NOW THEREFORE, BE IT RESOLVED by the Board of County
commissioners of the County of New Hanover as follows:
(1) The issuance of the Bonds in the principal amount of
$3,500,000 by the Authority is hereby approved.
(2)
authorized
resolution
Counsel.
The Clerk of the Board of Commissioners is hereby
and directed to provide certified copies of this
to the Local Government Commission and to Bond
(3) This resolution shall take effect immediately
upon its passage.
Commissioner
foregoing resolution
seconded the motion,
following vote:
Barfield moved the passage of the
and Commissioner O'Neal
and the resolution was passed by the
AYES:
Commissioners Retchin, Barfield, Corbett,
Mathews and O'Neal
NAYS:
None
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STATE OF NORTH CAROLINA)
ss.:
COUNTY OF NEW HANOVER
Joyce B. Bragg, Deputy
I, ~uc!eX~~XMarre!!~/Clerk of the Board of Commis-
sioners of the County hereinafter described, DO HEREBY CER-
TIFY, 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 June 5, 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 ~yXme 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 6th day of June, 1989.
RESOWTION FDR COUNTIES, MUNICIPALITIES AND OTHER POLITICAL
SUBDIVISIONS OF NORTH CAROLINA MAKING APPLICATION FDR COVERAGE
OF ABSOLUTE COVERAGE GROUPS OF lliPIDYEES UNDER THE OLD AGE,
SURVIVORS, AND DISABILITY INSURANCE PROVISIONS OF TITLE II OF
THE FEDERAL SOCIAL SECURITY ACT
" WHEREAS, Title II of the Federal Social Security Act has been amended
for the purpose of extending to the employees of political subdivisions of the
State and their instrumentalities, and to the dependents and survivors of such
employees, the basic protection accorded to others by the Old Age and Survivors
and Disability Insurance program as embodied in the Social Security Act, arid
WHEREAS, the provisions of Article 2, Chapter 135 of the General
Statutes designate the Director of the Teachers' and State Employees' Retirement
System, whose title is Director of the North Carolina Public Employees' Social
Security Agency, as the State Agency authorized to enter into agreements or
coverage plans for the purpose of extending such benefits to employees of such
political subdivisions, and
WHEREAS, the governing authority of this political subdivision of the
State desires to extend to its eligible employees or eligible coverage groups
of such employees, and their dependents and survivors, the security, protection
~d benefits provided by said laws and the regulations established thereunder:
NOW, THEREFDRE,
Be it resolved by the New Hanover County Board of County
Conunissioners
_____ in regular meeting, a quorum being present:
1. That the governing authority of this political subdivision of the
State, to the extent of its lawful authority and power, does hereby eXtend to
its eligible employees and eligible groups and classes of such employees the
benefits authorized by Title II of the Federal Social Security Act, as amended,
and as authorized by Article 2, Chapter 135 of the General Statutes. The
serviceg of members of the governing board and the services of members of other
boards, councils, commissions, and cOOllDittees, whose duties require not more
than 1000 hours of service per year, are to be (a) excluded from coverage(][}
or (b) included under coverage 0 .
2. That New Hanover Co. Airport Authority is hereby fully
empowered and authorized, and is hereby ordered and directed, to prepare, with
the cooperation of the Director of the North Carolina Public Employees' Social
Security Agency, a suitable agreement or coverage plan as provided by law, the
same to be properly executed by this governing authority and approved by said
Director of the State Agency for the purpose of making available to such em-
ployees the benefits mentioned in Paragraph I and the preamble of this Reso-
lution, effective the 1st day of July , 19~.
and seconded by
, the above Resolution was introduced
duly passed, the following number voting in the
following number voting in the negative: 0 .
/'
for passage and the same Was
affirmative: S- ,and the
CERTIFICATION BY CLERK
~
This is to certify that at a regular meeting of the Board of
Conunissioners of New Hanover County
on the..:S'=t;i day of ( ~~ , 19 Ii ~ ' this Resolution was duly
introduced and legally HPssed in accordance with t e provisions of the Charter of
this political subdivision and/or all applicable laws. That the meeting was duly
constituted, a quorum was present and the Resolution was pu~licized in accordance
with the Charter and/or all applicable laws. Appro~-L~ate n~~ber of employees to
be covered: .
1M 10/71
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~d~c
toG... - 'e .~I-' Clerk 0 ard)
New Hanover countt
Name of PolItIcal-Sub, ivision
This the ,;; ~ day of
"
NORTH CAROLINA
New Hanover
COUNTY
AGREEMENT
This Agreement made and entered into on this the
day of
, 19 by and between New Hanover Co. Airport Authori tJ
(City, County or other Political
, hereinafter referred to as the Political Subdivision, the party
Subdivision)
of the first part, and t0e Director of the Teachers' and State Employees' Re-
tirement System, hereinafter referred to as the State Agency, the party of
the second part:
WITNESSETH
That the Political Subdivision, by virtue of the power and authority
conferred upon it by its charter by Chapter 160A. of the General Statutes of
North Carolina, as amended, or by virtue of Chapter 153A. of the General Sta-
tutes of North Carolina, as amended, and by virtue of Article 2 of Chapter 135
of the General Statutes of North Carolina (Chapter 562 of the Session Laws of
1951) for the purpose of extending to the employees of political subdivisions
the basic protection afforded by the Old Age and Survivors' Insurance System
eml::xxlied in the Social Security Act, has agreed with the State Agency for the
purpose of establishing the plan as follows:
1. It is agreed that the State Agency is hereby authorized to include
this Political Subdivision in any original agreement, or any modification
thereof, entered into between the State of North Carolina and the Secretary
of Health and Human Services pursuant to Section 218 (v) of ~1e Social Secu-
. rity Act'and Article 2 of Chapter 135 of the General Statutes (Chapter 562 of
the Session Laws of 1951).
2. It is agreed between the Political Subdivision and the State Agency
that unless hereafter modified or amended, the following definitions shall be
~-~.' in force for the purposes of this plan:
(a) The term "wages" means all remuneration for employment as defined
herein, including the cash value of all remuneration paid in any other than
cash except that such term shall not include that part of such remuneration
't,'hich, even if it were paid for employment wi thin the meaning of the Federal
Insurance Contributions Act, would not constitute wages within the meaning
of that Act.
8/87
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(b) The term "employment" means any service performed by an employee
of the Political Subdivision except:
(1) service which in the absence of an agreement entered into by
the State and the Federal Government, would constitute employ-'
ment as defined in the Social Security Act. '
(2) service performed in a hospital, home or other institution
by a patient or inmate thereof.
(3) service which is excluded from employment by any provision of
Section 210 (a) of the Social Security Act other than paragraph
(8) of such section.
(4) service performed by e;nployees in positions covered by a re-
tirement system (as defined in Section 218 (b) (4) of the
Social Security Act) on the date the Federal-State agreement
is made applicable to this Political Subdivision.
(5) service by an individual who is employed to relieve him from
W1employment.
( 6) any services of an emergency nature.
(7) agricultural labor, which if performed in the employ of a
private employer would be excepted from employment W1der the
Social Security Act.
(8) services performe0by a student which if performed in the em-
ploy of a private employer would be excepted from employment
W1der the Social Security Act.
(9) services which under Section 218 of the Social Security Act
may not be included in an agreement between the State and the
Secretary of Health and Human Services.
(c) The term "coverage group" means a coverage group as defined in
Section 218 (b) (5) of the Social Security Act.
(d) The term "employee" means an employee as defined in Section 210 (k)
of the Social Security Act and Article 2 of Chapter 135 of the General Statutes
of North Carolina (Chapter 562 of the Session Laws of 1951), and includes an
officer of ~~e Political Subdivision.
(e) The term "Social Security Act" means the Act of Congress approved
August 14, 1935, Chapter 531, 49 Statutes 620 (including regulations and re-
quirments issued pursuant thereto) as such Act has been and may be from time
to time aJrended.
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(f) The term "Federal Insurance Contributions Act" means subchapter A
of Chapter 9 of the Federal Internal Revenue Code as such Code has been and
may from time to time be amended.
(g) The term "218 (v)" means Section 218 paragraph v of the Social Se-
curity Act.
(3) It is agreed that upon the effective date of this Agreement and
thereafter upon the inclusion of the Political Subdivision in the Federal-
State agreement, the same shall have the effect of making all employees
covered by this plan or agreement eligible for Old Age and Survivors' Insu-
rance benefits on the same basis as those services rendered by such employees
constitute an employment within the meaning of Title II of the Social Security
Act.
(4) The Political Subdivision hereby undertakes to pay to the Federal
Government at such time or times as the Federal Government shall designate,
arrounts equivalent to the sum of the taxes which would be imposed by Sections
1400 and 1410 of the Internal Revenue Code if the services of employees covered
by this plan constituteed employment as defined in Section 1426 of such Code.
(5) The Political Subdivision hereby undertakes to pay to the State
Agency, at such time and place as it may designate, such funds as it may cer-
tify as being the PolitiCal Subdivision's pro-rata share of the administrative
expenses of the program.
(6) In consideration of an employee's retention in or entry upon employ-
ment after approval of this plan the Political Subdivision hereby agrees, pur-
suant to the authority contained in Article 2 of Chapter 135 of the General
Statutes (Chapter 562 of the Session Laws of 1951) and in the manner specified
by law, to impose upon each of its employees as to services which are covered
by this plan, a contribution with respect to his wages, not exceeding the a-
-- rrount of tax which could be imposed by Section 1400 of the Federal Insurance
Contributions Act, and to deduct the arrount of such contributions fram his wages
as and when paid. Contributions so collected shall be paid into the State
Agency in partial discharge of the Political Subdivision's liability under this
plan. However, the Political Subdivision is aware that failure to deduct such
contributions will not relieve the employee or U1e Political Subdivision of
liability therefor.
(7) The Political Subdivision agrees with the State Agency that will a-
dopt such methods of financing as are found by the State Agency to be neces-
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sary for the proper execution and carrying out of this Agreement or plan, in-
cluding the levy of necessary taxes, budgeting and application of funds ~rom
non-tax sources, the use of surplus funds, the use of funds derived from water
and light revenue, and the use of funds from any sources whatsoever which the
Political Subdivision may lawfully apply or use for the purpose of paying off
and discharging its financial obligations as required by Article 2 of Chapter
135 of the General Statutes (Chapter 562 of the Session Laws of 1951) or as
required by any agreement entered into between the State of North Carolina and
the Secretary of Heal th and Hwran Services pursuant to Section 218 of the So-
cial Security Act and as required by any Federal act or regulation applicable
thereto.
(8) It is agreed that delinquent payments due under this plan may, with
interest at the rate of six percent (6%) per annum, be recovered by action in
a court of competent jurisdiction against the Political Subdivision or may at
the request of the State Agency be deducted from other monies payable to the
Political Subdivision by any department or agency of the State.
(9) It is agreed that the Political Subdivision will comply with such
regulations as the State Agency may prescribe to ficilitate efficient admin-
istration of this plan and enable the State to carry out the agreement with
the Federal Government. The Political Subdivision shall furnish such reports,
in such form and containing such information, as the State Agency may from
time to time require and comply with such provisions as the State Agency or
the Secretary of Health and Hwran Services may from time to time find neces-
sary to assure the corrections and verification of such reports.
(10) It is agreed that this plan will be rrodified at the request of the
Political Subdivision to include any coverage group or additional services not
now within the plan, such rrodification to be consistent with the provisions of
~ Section 218 of the Social Security Act and Article 2 of Chapter 135 of the
General Statutes (Chapter 562 of the Session Laws of 1951)
(11) It is agreed that the Political Subdivision hereby agrees to adopt
such methods of administration as are found by the State Agency to be neces-
'-~
',-~/
sal~ for the pro[~r and efficient administration of tile plan, including cooper-
ation with the local field offices of the Federal Social Security Administra-
tion. The Political Subdivision, pursuant to the authority invested in it by
law, hereby appoints Robert J. Kemp , whose title is Airport
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" .
Director
, as the person to be responsible for the local admini.stration
of this plan.
IN WITNESS WHEREOF, the Political Sub:1ivision, by virtue of its authori~y
as provided by law and by virtue of a resolution or order duly passed by the
governing authority of said Political Sub:1ivision, a certified copy of which
is hereto attached, has authorized its Chairman, Mayor or presiding officer
for and on behalf of said Political Sub:1ivision, its signature is hereto at-
tached and attested by the Clerk or Secretary of said governing authority;
and further
IN WITNESS WHEREOF, the State Agency has caused this Agreement to be
signed by the Director of the Teachers' and State Employees' Retirement
System as authorized by law and whose signature appears hereinbelow attached
to this Agreement or plan.
Board
New Hanover County Board
of Commissioners
Attest:
Director of the Teachers' and State
Employees' Retirement System and Di-
rector of the North Carolina Public
Employees' Social Security Agency
~ .!:,
LOCAL FIREWORKS DISPLAY PERMIT
APPL ICANT:
City of Wilm;n~tOll
ADDRESS:
P.o. Box 1810
CITY, STATE & ZIP:
Wilminqton, NC 28402
AREA CODE:
919
PH ON E :
341-7R10
Request is hereby submitted to obtain your approval to conduct a
Fireworks Display.
SPONSOR:
City of Wilmington-250th Annivpr~~ry
DATE OF DISPLAY:
July 4
, 19~ or alternate date
APPROXI~ATE STARTING TIME:
9:00 p m
LOCATION OF DISPLAY:
Vicinity of TJSS Nnrth Carolina Battlcsohip Mcmoriill
DISPLAY OPERATOR: Southern International Fireworks, Inc.
P.O. Box 8340
Atlanta, GA 30306
404/924-1777
APPL ICANT SIGNATURE:
DATE SIGNED:
, 19
permission has been granted for Southern International Fireworks,
Inc. to conduct a Fireworks Display in accordance with the above.
APPROVED BY:
Fire Prevention or Fire Chief
Agency
Date Approved
PLEASE SEND PERMIT TO SPONSOR AND TO SOUTHERN INTERNATIONAL FIREWORKS
.' .
."
CITY of WILMINGTON
North Carolina
P.O. BOX 1810
28402 May 4, 1989
OFFICE OF THE ClTY MANAGER
(919) 341-7810
. Mrs. Lucy Harrell
Clerk to the New Hanover County Commissioners
320 Chestnut Street
Wilmington, North Carolina 28401
Dear Lucy:
The City of Wilmington respectfully requests permission from the
New Hanover County Board of Commissioners to conduct a fireworks
display in celebration of July 4 and the 250th anniversary of the City.
Southern International Fireworks, Inc. will be the display
operator. The display will consist of set pieces and aerials. Our
staff will work with fire, law enforcement, and traffic control
personnel. We will also coordinate with the State and the USS North
Carolina Battleship Memorial to secure the display area.
I have enclosed an approval form requested by Southern
International Fireworks. For additional information please feel free
to contact me or Richard King (341-7855). Your assistance in this
matter is greatly appreciate.
Sincerely,
I~ yk-
Mitzi York
Special Assistant to the
City Manager
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WHEREAS, a surface transportation system for vehicles
is an indispensable part of the Economic and Industrial
Development functions for any section of the State of North'
Carolina; and
WHEREAS, the State will be stronger if all counties,
regardless of geographic location, are encouraged to develop
economically; and
WHEREAS, Southeastern North Carolina southeast of
Interstate 95 and southwest of Interstate 40 is largely
rural and lags behind the state average in economic
indicators such as rate of employment and per capita income;
and
WHEREAS, Southeastern North Carolina is in critical
need of new industry to improve the economic well-being of
its citizens and to stem the predicted out-migration of its
young adults during the next generation; and
WHEREAS, the 1988-1996 Transportation Improvement Plan
(TIP) recognizes the importance of such SENC highways as N.
C. Highway 87 and U. S. Highways 17 and 74/76, and assigns
them the Strategic Corridor designation calling it "very
important to development along their _ entire route, to
stimulate growth in portions of the state that badly need
it;" and
WHEREAS, the 1988-1996 TIP also includes the
identification of critical Connectors such as N. C. Highway
24 which will be, in the words of Governor James G. Martin,
"a second tier of regional highways that provide access to
the strategic highway corridor system;" and
WHEREAS, the TIP does not contemplate that there should
be construction of either Strategic Corridors or Critical
Connectors, but a combination of both to form an-efficient,
state-wide highway network; and
WHEREAS, the U. S. military frequently uses SENC
~,. "". transportation such as N. C. Highway 87 for its convoys as,
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it transports personnel and equipment from Fort Bragg/pope
Air Force Base to seaport facilities at and around
Wilmington, North Carolina; and
WHEREAS, virtually all of the vacationers going to
Southeastern North Carolina beach resorts must travel along
highways in the region, creating a significant increase in
traffic during the summer months; and
WHEREAS, the emerging alternatives to tobacco as a cash
crop in Southeastern North Carolina, such as produce,
livestock and poultry, all require timely access to markets
because of their highly perishable nature; and
WHEREAS, the 12-year maximum time period for completion
of the North. Carolina Strategic Corridor and Critical'
Connector network as contemplated by the joint legislature
Highway Study Commission is too long to wait for needed
improvements to the transportation system of Southeastern
North Carolina;
NOW, THEREFORE BE IT RESOLVED that the New Hanover
County Board of Commissioners petitions the North Carolina
Legislature and the North Carolina Department of
Transportation to assign high priority to the Strategic
Corridor and Critical Connector development in Southeastern
North Carolina, in recognition of the critical need for
economic and industrial development in the area; and
BE IT FURTHER RESOLVED that the Board is committed to
working in unison with other counties in Southeastern North
Carolina to insure that the transportation needs of the
region are articulated to the appropriate decision-makers.
Adopted this~~day of June, 1989.
Attest:
~t~(~
~~
Fred Retchin, Chairman
NEW HANOVER COUNTY, NORTH CAROLINA
1989-90 BUDGET ORDINANCE
BE IT ORDAINED by the Board of Commissioners of New Hanover
County, North Carolina, in regular session assembled:
Section 1: The following amounts are hereby
for the operation of New Hanover County government and
for the fiscal year beginning July 1, 1989, and ending
according to the following summary and schedules:
!!
appropriated
its activities
June 30, 1990,
Summary
General Fund
One Half Cent (1/2 Cent)
Sales Tax Fund
New Hanover County School
Fund
Room Occupancy Tax Fund
Airport Operating Fund
Resource Recovery Fund
TOTAL BUDGET
Estimated Fund Balance Total
Revenues Appropriated Appropriation
$ 59,950,076 $ 707,459 $ 60,657,535
5,726,908 926,921 6,653,829
18,198,951 -0- 18,198,951
1,228,000 -0- 1,228,000
-0- 133,575 133,575
4,213,523 1,040,777 5,254,300
t=~~=~J:Z=~~~ t~=~Q,~=Z~~= $=~~=J:~g=J:~Q,
Section 2: That for said fiscal year there is hereby
appropriated out of the General Fund the following:
Function
Appropriation
Current:
General Government
Human Services
Public Safety
Economic & Physical Development
Culture and Recreation
Education
Other
Transfers
Debt Service:
Principal
Interest and Fees
$ 9,897,273
17,720,428
10,480,986
1,629,149
2,428,514
953,191
250,000
15,563,839
918,215
815,940
!gQ,=g~Z=~J~
Total Appropriations - General Fund
i
.,
.~
Fund
July
Fund
Section 3: It is estimated that the following General
Revenues will be available during the fiscal year beginning
1, 1989, and ending June 30, 1990, to meet the foregoing General
appropriations:
Revenue Source
Amount
Total Revenues - General Fund
$ 43,593,705
10,405,534
50,000
4',436,899
133,57.5
1, ::330', 363
~707 ,459
!==g~=g~;l=~J~
Taxes
Intergovernmental Revenues
Licenses and Permits
Charges for Services
operating Transfers
Other Revenues
Fund Balance Appropriated
Section 4: For said fiscal year there is hereby appro-
priated out of the One-Half Cent (1/2 Cent) Sales Tax Fund the sum of
!===g=g~J=~~~
Section 5: It is estimated that
Cent (1/2 Cent) Sales Tax Fund Revenues will
the fiscal year beginning July 1, 1989, and
meet the foregoing One-Half Cent (1/2 Cent)
tions:
the following One-Half
be available during the
ending June 30, 1990, to
Sales Tax Fund appropria-
Revenue Source
Amount
Sales Tax
Fund Balance Appropriated
$ 5,726,908
926,921
Total Revenues - One Half Cent (1/2 Cent)
Sales Tax Fund
!==g=g~4=~~~
Section 6: For said fiscal year there is hereby appro-
priated out of the New Hanover County Schools Fund the sum of
!=J:~=J:~~=~~J:
ii
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Section 7: It is estimated that the following
Hanover County School Fund revenue will be available during
fiscal year beginning July 1, 1989, and ending June 30, 1990, to
the foregoing Public Schools Building Capital Fund appropriations:
New
the
meet
Revenue Source
Amount
Total Revenues - New Hanover County School Fund
$ 847,714
16,235
3,276,848
14,0.58,154
!J:~=J:~~=~'~J:
Intergovernmental Revenues
Other Revenue
Transfer In/Half Cent Sales Tax Fund
Transfer In/General Fund
Section 8: For said fiscal year there is hereby appro-
priated out of the Room Occupancy Tax Fund the sum of
i=J:=~~~=ggg
Section 9: It is estimated that the following Room Occu-.
pancy Tax Fund Revenues will be available during the fiscal year be-
ginning July I, 1989, and ending June 30, 1990, to meet the foregoing
Room Occupancy Tax Fund appropriations:
Revenue Source
Amount
Total Revenues - Room Occupancy Tax
$1,110,000
18,000
100,000
iJ:=~~~=ggg
Room Occupancy Tax
Intergovernmental Revenues
Other
Section 10: For said fiscal year there is hereby appro-
priated out of the Airport Operating Fund the sum of
i==J:~~=~;b~
Section 11: It is estimated that the following
Operating Fund Revenues will be available during the fiscal
ginning July 1, 1989 and ending June 30, 1990, to meet the
Airport Operating Fund appropriations:
Airport
year be-
foregoing
Revenue Source
Amount
Appropriated Fund Balance
$ 133,575
i==J:~~=~;b~
Total
Section 12: For said fiscal year there is hereby appro-
priated out of the Resource Recovery Fund the sum of
i~=~~4=~gg
iii
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Section 13: It is estima~ed that the following Resource
Recovery Fund Revenues will be available during the fiscal year be-
ginning July 1, 1989, and ending June 30, 1990, to meet the fore-
going Resource Recovery Fund Appropriations:
Revenue Source
Amount
Charges for Services
Appropriated Fund Balance
$ 4,213,523
1,040,777
Total Revenues - Resource Recovery Fund
~==~=~~4=MH~
section 14: There is hereby levied in the General Fund
for the fiscal year ending June 30, 1990, the rate of $ .72 on each
one hundred dollars ($100.00) assessed valuation of taxable property
as listed as of January 1, 1989, for the purpose of raising the reve-
nues from the current year's property tax as set forth in the fore-
going appropriations.
Such
of property for
assessment ratio
rate of 96.5% is
rate is based on an estimated total appraised value
the purpose of taxation of $4,700,158,974 with an
of 100% of appraised value. Estimated collection
based on fiscal year 1988-89 collection rate of 96.5%..
Section 15: Copies of this Budget Ordinance shall be fur-
nished to the County Manager and the County Finance Director of New
Hanover County, North Carolina, to be kept on file by them for their
direction in the collection of revenues and the expenditures of
amounts appropriated.
ADOPTED, this 5th day of June, 1989.
(OFFICIAL SEAL)
Attest:
~i~
Board of County Commissioners
iv
," ~c:,
NEW HANOVER COUNTY, NORTH CAROLINA
SPECIAL FIRE DISTRICT
1989-90 BUDGET ORDINANCE
BE IT ORDAINED by the Board of Commissioners of New
Hanover County, North Carolina, in regular session assembled:
Section I: The following amount is hereby appropriated
for the operation of New Hanover County Special Fire District and
its activities for the fiscal year beginning July 1, 1989, and
ending June 30, 1990:
~===~~~:!:1~~
Section 2: It is estimated that the following Special
Fire District revenues will be available during the fiscal year
beginning July 1, 1989, and ending June 30, 1990, to meet the
foregoing Special Fire District appropriations:
Revenue Source
Amount
Total Revenues - Special Fire District
819,000
31,100
~===~~~:!:1~~
Taxes
Intergovernmental Revenues
$
Section 3: There is hereby levied in the Special Fire
District Fund for the fiscal year ending June 30, 1990, the rate
of $ .04 on each one hundred dollars ($100.00) assessed valuation
of taxable property as listed as of January I, 1989, for the pur-
pose of raising the revenues from the current year's property tax
as set forth in the foregoing appropriations.
Such rate is based, on an estimated total appraised
value of property for the purpose of taxation of $ 2,121,761,66Q
with an assessment ratio of 100% of appraised value. Estimated
collection rate of 96.5% is based on fiscal year 1988-89
collection rate of 96.5%.
Section 4: Copies of the Budget Ordinance shall be
furnished to the County Manager and the County Finance Director
of New Hanover County, North Carolina, to be kept on file by them
for their direction in the collection of revenues and the expend-
itures of amounts appropriated.
ADOPTED, this 5th day of June, 1989.
(OFFICIAL
4tP-?;tL
Fred Retchin, Chairman
Board of County Commissioners
Attest:
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 amended as follows:
Replace existing language under Sec. 23-12 as follows:
23-12 Family One (1) or more persons occupying a
single dwelling unit, provided that unless all m~mbers are
related by blood, adoption,. or marriage, no such family shall
contain over three (3) persons, but further provided:
(a) That domestic servants employed on the premises may be
housed on the premises wi thout being counted as part of the
family residing on the premises; and
(b) that a foster home as pesignated by the North Carolina
Department of Social Services for the care of not more than five
(5) children less than eighteen (18) years of age be considered
as family; and
(c) that any child less than eighteen (18) years of age
living with parent(s) or legal guardian is not to be counted as a
person in calculations hereunder.
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
inhabi tants of the County of New Hanover, North Carolina, and
shall be in full force and effect from and after its adoption.
/),~ .
-j '0 C
Adopted this 5th day of June, 1989.
~~
Fred Retchin, Chairman
Attest:
C:::. ".__
.
'"
RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, G.S. 160A-461 authorizes units of local
government to enter into agreements with each other in order to
execute any undertaking; and
-
WHEREAS, the New Hanover County Board of Commissioners
and the Board of Aldermen of the Town of Wrightsville Beach
desire to enter into an inter local agreement wherein the Town of
Wrightsville Beach will agree to provide, at no charge, First
Responder Service on behalf of the New Hanover County Department
of Emergency Medical Services; and
WHEREAS, the initiation of a First Responder Service.
will provide quicker access to emergency medical treatment for
those persons located within the incorporated boundaries of
Wrightsville Beach;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. New Hanover County and the Town of Wrightsville
Beach will enter into an inter local agreement whereby the Town of
Wrightsville Beach, through its Fire Department, will agree to
provide First Responder Service to those persons requiring
emergency medical service within the incorporated boundaries of
Wrightsville Beach.
2. This service will be provided from 5:00 p.m. Friday
through 5:00 p.m. Sunday from May 26, 1989 through september 4,
1989. Service will also be provided on any holidays that fall
within the contract period. Service will also be provided for
.
".
special events, as needed, outside the aforementioned term of
agreement.
3. The agreement will be automatically renewable each
year, with either party being able to terminate the agreement by
giving thirty (30) days written notice to the other party.
4. The Director of Emergency Medical Services is'
authorized to negotiate the terms and conditions of the agreement
on behalf of New Hanover County.
ADOPTED this qrd day of ~
NEW HANOVER COUNTY
{SEAL}
,ATTEST:
1989.
~~-
Fred Retchin, Chairman
Board of County Commissioners
IJdMZ; ~d ~
~U Cl the Board
("
RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, G.S. 160A-46l authorizes units of local
government to enter into agreements with each other in order to
execute any undertaking; and
WHEREAS, the New Hanover County Board of Commissioners
and the City Council of the City of wilmington desire to enter
into an inter local agreement wherein the City of Wilmington,
through its Fire Department will agree to provide, at no charge,
Rescue and First Responder Service on behalf of the New Hanover
~ County Department of Emergency Medical Services; and
WHEREAS, the initiation of a Rescue and First Responder-
Service will provide quicker access to emergency medical
treatment for those persons located within the incorporated
boundaries of wilmington;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. New Hanover County and the City of Wilmington will
enter into an inter local
agreement whereby the City of
Wilmington, through its Fire Department, will agree to provide
Rescue and First Responder Service to those persons requiring
emergency medical service within the incorporated boundaries of
Wilmington.
2. This service will be provided on a continuous
basis, twenty four (24) hours per day, three hundred sixty five
(365) days a year.
,.
L'..:".-.
3. The agreement will be automatically renewable each
year, with either party being able to terminate the agreement by
giving thirty (30) days written notice to the other party.
4. The Director of Emergency Medical Services is
authorized to negotiate the terms and conditions of the agreement
on behalf of New Hanover County.
ADOPTED this ~~ day of
~.
, 1989.
NEW HANOVER COUNTY
{SEAL}
~t:ffL-
Fred Retchin, Chairman
Board of County Commissioners
ATTEST:
CL d ~~..
~ Cler1Jtr/~oard ~
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~ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II . .. .;;:;:;- ~
. -W"r~
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1Boaril of momminnion.ern
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New, JIannu.erQInuntl1'
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iIlesnlutinn,
WHEREAS, New Hanover County highly values
preserving coastal water quality as a ,critical
economic component of the high 'quality of
residents and visitors of the County; and
WHEREAS, Masonboro Sound,' has been' nominated' as an
Outstanding Resource ,Water (ORW); and
the importance of
environmen~al and
life enjoyed by
WHEREAS, Masonboro Sound has been designated as a 'National
Estuarine Research, Reserve; and
WHEREAS, there are no significant impacts from pollutants in
Masonboro Sound and the 'water quality is considered to, be
excellent, based on statements 'by the N. C. Di vision of
Environmental Management; and
WHEREAS, New Hanover County is investing millions of dollars
in a Counti sewer system for the explicit purpose of eliminating
all septic tank Follution; and
WHEREAS, New Hanover County has adopted low density zoning
and a conservation overlay district ordinance as part of its
commitment to preservingwa~er quality; and
WHEREAS, the New Hanover'County Land-Use Plan has classified
the waterfront area around Masonboro Sound as either Resource
Protection : or Conserva tion, both of which place str ict
development restrictions on the land; and
WHEREAS, Masonboro Sound will be the focus of a conununi ty
planning effort that -, should ,result in' increased local,
environmental protection; and
WHEREAS, the unique and special water quali ty ,
characteristics of Masonboro Sound require protection above and
beyond the present State standards; and .
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~ ~ .' ....... . II . . . . . . . . . . . . . . . . II II . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . II . . . . . . . . .. . . . . . . . . . . . . II . . . . . . . . . . . . . . ~
WHEREAS, Masonboro
recreational resource in
fishing and shellfishing
by such facts as: ,
Sound, waters provide an outstanding
terms of such activities as recreational
and, will continue to do so as evidenced
1. An average annual increase in ~9at.registration of 2.3%
in New Hanover County, and
,2. The presence of two heavily-used public boat ramps in
waters near,Masonboro\Sound; and'
WHEREAS, Masonboro Sound, waters posses special ecological
,and scientific significance based on their use for education and
,research, as indicated by existing and planned future use' by'
"faculty and students from'the University ,of North Carolina-
Wilmington, and by the N.'C. Marine Aquariwn at Fort Fisher;
NOW, THEREFORE, BE IT RESOLVED by' the New Hanover County
Board of Commissioners, that the, N. C. Environmental Management'
Conunission should declare Masonboro Sound to be an Outstanding
Resource Water.
...~uL
Freq Retchin, Chairman
Attest: '
r~ .,
Nrw ){anu,urr - Qtnuntl1
mnar~ nf QInmmi55inn.er5
1!{rn U lutiun
WHEREAS, New Hanover County highly values
preserving coastal water quality as a critical
economic component of the high quality of
residents and visitors of the County; and
the importance of
enviror~ental and
life enjoyed' by
WHEREAS, Middle Sound has been nominated as an Outstanding
Resource Water (ORW); and
WHEREAS, there are no significant impacts from pollutants in
Middle Sound and the water quality is considered to be excellent
based on detailed studies by scientists from the University of,
North Carolina-Wilmington and supported, by data from the North
Carolina Division of Marine Fisheries and Shellfish Sanitation
Services; and
WHEREAS, New Hanover County- is investing millions of dol~ars
in a County sewer system- for the explicit purpose of eliminating
all septic tank pollution; and
WHEREAS, the New Hanover County Land-Use Plan has classified
the land area around Middle Sound as either Resource Protection
or Conservation, both of which place strict development
restrictions on the land; and
WHEREAS, New Hanover County has adopted the following zoning
regulations that will assist in water quality protection:
1, Adoption of a Conservation Overlay District that, among
other provisions, requires a 75 foot setback from the marsh
line for structures and impervious surfaces in new
subdivisions and requires retention of the first .75 inches
of runoff, and
2. Establishment of zoning districts that allow building
density to be no greater than 1.9 units per acre along the
waterfront and no greater than 2.5 units per acre further
inland; and
WHEREAS, New Hanover County is nearing completion of a
",. Community Plan for Middle Sound which may result in further local ~
~. environmental protection; ,~~~
~~~. .............................................1'1 I..... I.......... I. I.......... I... I... I I............ I....... I ~~1
",'-~ '>,"',";' _m..:.,__~,.,:_".~",,> ~...';...;"~':
".~"".,.-,,.,.., ".,:'''''' :
WHEREAS, t.he., unique and special wa ter
'characteristics of Middle 'Sound' require protection
beyond the present s,t,ate ' standards;,' and
WHEREAS, Middle' Sound'~ waters: provide an' outstanding
recreational resource in ~terms of such activities' as recreational
fishing and shellfishing;and will continue ,to ,do so as evidenced
by such facts as:' ',",' " <. " '
quali ty .
above and
, I. An average annual increase in boat registration of 2.'3%
in New Hanover County,~and' ~ \
2. ,The presence/of a'veryheavily-used'boat ramp in wat~rs
near Middle Sound'; and ,,' ''- , ,
. , ., ~ " " J " ,
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WHEREAS, Middle:Sound waters posses special ecological and
scientific significance based on ,their use for' education and
research, as indicated by. existing and' planned future use by'
faculty and ',students ;~from 'the University of North
Carolina-Wil~ing:ton; an<:l ',-.. .
WHEREAS, the original application for Middle Sound as an ORW
was separate from any consideration of~opsai~;,sound in Pend~r
county. as an ,OR\-'{ ,b,ecause',:' , " , '. .. .
1. The 'in-depth studies"'performed by University of North
'Carolina-Wilmington sci.en.tists :,were only of, Middle Sound
wa ters, and - '''> '
; 2. ' . New ,"Hanover , County has. shown a stronger conunitment to
the protection:of water quality" as evidenced by the County's \
"sewer; systems,', Zoning" and,' ' Conservation', Ordinances, and
Land-Use Plan. '/"" . , '. ,
NOW, THEREFORE, BE
Board' of Commissioners
Management Commission
Outstanding' Resource
Topsail Sound. '
IT RESOLVED by the New Hanover County
that the North Carolina Environmental
should declare Middle Sound to' bean
Water, 'independent of. consideration 'of
. q:;&--et:L
Fred Retchin, Chairman
. Attest:
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 Oakley Road, located from its
intersection with Castle Hayne Road west to its termination with
Oakley Road, block range 1500 to 2600; and Oakley Circle north
thence east thence south to its intersection with Oakley Road,.
numerical range 3000-3400.
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, an~ 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 5th day of June, 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 th~
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 Assignments 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'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 5th day
of CJi~~
Fred Retchln, Chairman
Attest:
~
~., .'....
STATE OF NORTH CAROLINA
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
In the Matter of Closing
A Portion of Holly Street
ORDER
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close a portion of
Holly Street was adopted by the County Commissioners on the lst
day of May, 1989 and it further appearing that said resolution
called for a hearing to be held on the 5th day of June, 1989,. at
which time the County Conunissioners would hear complaints and
conunents of interested persons, and it further appearing t.hat
notice of said hearing was published in the Wilmington Star News
Newspaper in accordance with the Road Closing Ordinance of New
Hanover County, and after conducting such hearing the 90unty
Commissioners are of the opinion that a portion of Holly Street
in the County of New Hanover should be closed and are satisfied
that the closing of same is not contrary to the public interest"
and that no individual owning property in the vicinity of thOe
roads will be deprived of reasonable means of ingress and egress
to his property by such closing, the legal description of said
road being as follows:
BEGINNING AT A POINT in the eastern right-of-way line
of U.s. Highway #117 that is the southwestern corner of
lot 1, Block 7, Castle Hayne as shown on the map of
Castle Hayne recorded in Deed Book 48 at Page 150 of
the New Hanover County Registry; running thence from
said beginning point eastwardly along the southern
boundary line of Lot 1 and Lot 11, block 7, Castle
Hayne, 305 feet more or less to a point at the
southeastern corner of Lot 11, Block 7, Castle Hayne;
THENCE southwardly along the western right-of-way line
of Blossom Street 50 feet to a point that is the
northeastern corner of Lot 20, Block 11, Castle Hayne;
thence westwardly along the northern boundary line of
Lot 20 and Lot 10, Block 11, Castle Hayne, 305 feet
more or less to a point in the eastern right-of-way
line of U.S. Highway #117, 50 feet more or less to the
POINT OF BEGINNING.
The same being that portion of what was sometimes known
as Holly Street, never opened, 50 feet by 305 feet and
running from u.s. Highway #117 to Blossom Street.
NOW, THEREFORE, IT I S ORDERED AND DECREED that the above
described road be and the same is hereby closed. It is further
ORDERED that a copy of this order be filed in the Office of the
Register of Deeds of New Hanover County, North Carolina.
...- .4-
Adopted this the 5th day of June, 1989.
Attest:
~Cle
~~
Fred Retchin, Chairman
aOot
PAGE
C\(5a ..
STATE OF NORTH
RECOfWED AHD VERIFIED
REBECC>~ P. TUCKER
REG!STEr:: OF DEhJS
CAROLINtlf.vr HANG'ILR CO, ,'Ie
1459
0531
JUH 9 3 S3 PH 'B9
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
In the Matter of Closing
A Portion of Holly Street
ORDER
It appearing to the Board of County Conunissioners of New
Hanover County that a Resolution of Intent to close a portion of
Holly Street was adopted by the County Commissioners on the 1st
day of May, 1989 and it further appearing that said resolution
called for a hearing to be held on the 5th day of June, 1989, 'at
which time the County Commissioners would hear complaints. and
conunents of interested persons, and it further appearing that
notice of said hearing was published in the Wilmington Star News
Newspaper in accordance with the Road Closing Ordinance of, New
Hanover County, and after conducting such hearing the' County
Commissioners are of the opinion that a portion of Holly Street
in the County of New Hanover should be closed and are satisfied
that the closing of same is not contrary to the public intere~t,
and that no individual owning property in the vicinity of the
roads will be deprived of reasonable means of ingress and egre~s
to his property by such closing, the legal description of said
road being as follows:
... S']);f'
~i/.';
...J~ ~''-t.".~ ,.~._;
BEGINNING AT A POINT in the eastern right-of-way line
of U.S. Highway #117 that is the southwestern corner of
lot 1, Block 7, Castle Hayne as shown on the map of
Castle Hayne recorded in Deed Book 48 at Page 150 of
the New Hanover County Registry; running thence from
said beginning point eastwardly along the southern
boundary line of Lot 1 and Lot 11, block 7, Castle
Hayne, ~05 feet more or less to a point at the
southeastern corner of Lot 11, Block 7, Castle Hayne;
THENCE southwardly along the western right-of-way line
of Blossom Street 50 feet to a point that is the
northeastern corner of Lot 20, Block 11, Castle Hayne;
thence westwardly along the northern boundary line of
Lot 20 and Lot 10, Block 11, Castle Hayne, 305 feet
more or less to a point in the eastern right-of-way
line of U.S. Highway #117, 50 feet more or less to the
POINT OF BEGINNING.
The same being that portion of what was sometimes known
as Holly Street, never opened, 50 feet by 305 feet and
running from U.s. Highway #117 to Blossom street.
NOW, THEREFORE, IT I S ORDERED AND DECREED that the above
described road be and the same is hereby closed. It Is further
ORDERED that a copy of this order be filed in the Office of the
Register of Deeds of New Hanover County, North Carolina.
AETURNEDTO ~ #~ N II {' Ihfl/li"j
~
BOO~ ?AGE
1459 0592
Adopted this the 5th day of June, 1989.
Attest:
~~
Fred Retchin, Chairman
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ROAD CLOSING
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2,E.R,JONES HRS,
3, PATRICIA ROC'XS
4,GREGORY JAMIESON
5,JOHN McCABE
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