HomeMy WebLinkAbout1988-01-04 RM Exhibits
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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 7:00 o'clock, P.M.,
on January 4, 1988. The following Commissioners were:
Present: John M. Dolan, Chairman, Jonathan Barfield, .:Sr.,
W. Albert Corbett, Jr., Nolan O'Neal, Fred
Retchin
Absent: None
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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 an
inducelli~nt agreement 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 December 19, 1987 that the Board would hold a
public hearing on January 4, 1988 on the proposed project and
the issuance of revenue bonds to finance the 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 Retchin and was
unanimously adopted.
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At 7:15 o'clock, R.M., the Chairman announced that
the Board would hear anyone who wished to be heard on the
advisability of the proposed project and the issuqnce 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:
Mr. Wallace C. Murchison, Attorney for the New Hanover County
Industrial Facilities and Pollution Control Financing
Authority, 16 North Fifth Avenue, Wilmington, N. C.
Mr. Barry Bernstein, Vice-President, Interroll Corporation,
Hauppauge, New York.
Mr. Wilbur E. Bryant, Middle Sound, Wilmington, N. C.
Mr. William Funderburg, Route 3, Box 2820, Castle Hayne, N. C.
Mr. M. Wayne Zeigler, Director, Committee of 100, 508 Market
Street, Wilmington, N. C.
Mr. Wallace Murchison, Attorney for the Authority,
introduced Mr. Barry Bernstein of Interroll Corporation. Mr.
Bernstein explained that Interroll, a New York company
manufactur~ng conveyor components, was requesting approval of
a bond issue to build a plant in New Hanover County to expand
its operations. The initial plan is for a building of about
70,000 to 75,000 square feet, with employment of 40 to 45
people, expanding in about three years to 60 to 75 employees.
The plant is light industry, working primarily in metals.
About four employees would be relocated from New York and the
rest hired locally.
In response to questions from Commissioners, Mr. Bernstein
said that the company did not make conveyor belts but the
components that go underneath the belts; he explained how the
company selected the Wilmington area; he stated that the
company hoped to start operating by January, 1989 and that
there were no environmental problems.
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In response to questions from Commissioners, the County
Manager, Mr. Felix Cooper, explained revenue bond financing
and said there was no risk or expense to the county government.
In response to questions from Mr. Wilbur Bryant, a member
of the audience, Mr. Bernstein said that Interroll Corporation
was located on Long Island about 45 miles from New York City,
employed 135 people and intended to keep the New York facility
operating.
In response to a question by Mr. Bryant, Mr. Murchison
explained the issuance of tax-free revenue bonds by the
Authority and said that the interest rate on the bonds is less
than a normal commercial rate but depends upon marketing
conditions at the time of issuance.
Mr. William Funderburg, a member of the audience,
expressed concern about the adequacy of the public notice
which was published in the star-News Newspapers on December 19,
1987, in view of the effect of the December and January
holidays. He asked the Board to extend the comment period for
an additional 15 days. He said he was not in opposition to
the project.
Chairman Dolan asked the County Attorney, Mr. Robert
Pope, if he knew of any legal problems connected with the
public notice. Both he and Mr. Murchison said they did not,
and Mr. Murchison added that the legal requirement was 14 days
notice and the notice was actually published 17 days before
the hearing. The Chairman told Mr. Funderburg there was no
feeling on the part of the Board to extend the comment period.
Mr. Funderburg then said that the General Statutes
relating t~ the bond issue were not referenced in the public
notice, and that there was a question in his mind about the
county's obligation under the proposed program. He asked who
was sponsoring the new industry and Commissioner Corbett said
that he thought it was the Committee of 100. Mr. Funderburg
asked if the industry was offered space in the New Hanover
County Airport Industrial Park. Mr. Wayne Zeigler, Director
of the COIT~ittee of 100, said his committee had worked with
Interroll Corporation since last summer, that the airport
property was considered but the County Manager advised that
the county could not sell the land to Interroll, and the
company wanted to purchase property. l1r. Funderburg asked if
other industrially zoned properties in the county were con-
sidered, and the answer was affirmative. Mr. Funderburg said
he was concerned about the private placement of county funds
under the False Claim Act of 1986.
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After the Board had heard all persons who requested to
be heard, Commissioner Barfield moved that the public
hearing be closed. The motion was seconded by Commissioner
Retchin and was unanimously adopted.
commissioner Retchin 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") i 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 industrial
facility in the North Chase Industrial Park adjoining N.C.
Highway 132, New Hanover County, for the manufacture of
conveyor equipment, including acquisition of an approximately
12-acro site, construction of an approximately 75,000 square
foot building 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
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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 1988 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 Retchin moved the passage of
the foregoing resolution and Commissioner O'Neal
seconded the motion, and the resolution was passed by the
following vote:
AYES: Commissioners Dolan, Barfield, Corbett, O'Neal
and Retchin
NAYS: None
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STATE OF NORTH CAROLINA
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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 Janury 4, 1988, 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
~1~ day of January, 1988.
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JUH. UIJAll AGENDA
PA TE:__ 1- Lf- gt
ITEM No._ 7 ~
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NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL
REVENUE BOND FINANCING AND INTENTION
TO SUBMIT TO THE DEPARTMENT OF COMMERCE AN
APPLICATION FOR APPROVAL OF AN INDUSTRIAL PROJECT
The New Hanover County Industrial Facilities and
Pollution Control Financing Authority entered into a Memorandum
of Inducement and Intent with Interroll Corporation on November
23, 1987 whereby the Authority determined to issue its revenue
bonds in the principal amount of not more than $3,500,000 for
the financing of all or a portion of the cost of the industrial
project described below. The Authority now intends to submit
to the Secreta~y of the Department of Commerce an application
for approval of the project if the issuance of the revenue
bonds and the project are approved by the Board of County
Commissioners of the County of New Hanover, North Carolina.
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The project consists of the acquisition, construction
and installation of an industrial facility in the North Chase
Industrial Park, adjoining N.C. Highway 132, New Hanover
County, for the manufacture of conveyor equipment, including
acquisition of an approximately 12-acre site, construction of
an approximately 75,000 square foot building and the
acquisition and installation of machinery and equipment, and
will require capital expenditures of approximately $3,000,000.
The project will be operated by Interroll Corporation and will
create approximately 45 jobs.
Please take notice that the Board of County
Commissioners of the County of New Hanover will hold a public
hearing in the Assembly Room, New Hanover County Administration
Building, 320 Chestnut street, Wilmington, North Carolina on .
January 4, 1988, at 7:00 o'clock, P.M., or as soon thereafter
as the hearing may be held, at which any person may be heard
regarding the proposed issuance of industrial revenue bonds and
the project. Following the hearing the Board of County
Commissioners intenas to consider and take action on proposals
to approve the issuance of such revenue bonds and to approve
the project in principle.
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Any person wishing to comment in writing on the
proposed revenue bonds and the project and the submission of
the application in connection therewith should do so, within
fourteen (14) days after the date of publication of this
notice, to the Authority and the Board of County Commissioners
of the County of New Hanover, c/o Clerk of County Board of
Commissioners, 320 Chestnut street, Wilmington, North Carolina
28401 and to Mr~ William A. Dunn, Deputy Secretary of the
Department of Commerce, 430 North Salisbury street, Raleigh,
North Carolina 27611.
Luci.e F. Harrell
Clerk, Board of Commissioners
County of New Hanover, North
Carolina
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AN ORDINANCE OF 'rilE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING THE
ZONING OEDINl\l~CE OF
NEW HANOVER COUN'ry ADOPTED
OCTOBER 6, 1969
THE BOARD OF CO~1ISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. Tha t the Zoning Ordinance.. of the County of New
Hanover adopted October 6, 1969, as amended be and the same is
hereby amended as follows:
Amend Section 62;
Insert the following:
II Accessory buildings not exceeding 5 O. square feet and used
exclusively to house \AJell and pump equipment may be
permitted in the requj.red front, side and rear yards, ~
provided such accessory buildings are at least five (5) feet
from any property linE! and do not encroach into any required
easements or sight an9Ies."
Section 2. Any ordinance or pa.rt 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, mora.ls, and qeneral 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
4th
day of
January
, 1988.
d~ h1 rs-~
irman and Commissioner
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REGISTER OF GEEDS
HEW HAHCYEfl. CO. He
1402
1'920
STATE OF NORTH CAROLINA
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.J 29 i (, i\ t: BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
In the Matter of Closing
A Portion of an Unnamed Road
ORDER
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close a portion of
an unnamed road adjacent and east of Plaza East Shopping Center
was adopted by the County Commissioners on the 7th day of
December, 1987 and it further appearing that said resolution
called for a hearing to be held on the 4th day of January, 1988,
at which time the County Commissioners would hear complaints and
comments 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 said portion of unnamed
road 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 the 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:
Being a portion of an unnamed road (20' right-of-way) in
Harnett Township, commencing approximately 200 feet north from
the western intersection of Dick Avenue/Wrightsville Avenue
extending west approximately 154 feet to termination and duly
recorded as a part of Book 1114, Page 484 of the New Hanover
County Registry.
NOW, THEREFORE, IT IS 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.
Adopted this the~ day Of~~ /' ,1988.
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CH I RMAN
Cl2' d/~
LU~ Harrell, Clerk
RETURNED TO
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1121
"402
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THOMPSON
L GEORGE OLDING CO,
2, WILMINGTOONNNtLL HEIRS
3 JOHN C .
' NCES POWELL
4,S F~:DLEY PHI LUPS
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t{EGIS Ten OF DEEDS
HE'I'1' HANOVER CO. NC
1402
1.9/8
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STATE OF NORTH CAROLINA
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JMI L J 28 r'i1 ' i ;:', BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
In the Matter of Closing
the Remaining Portion of
MacRae Avenue and Adjoining
Unnamed Alley
ORDER
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O.
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close the remaining
portion of MacRae Avenue and adjoining unnamed alley was adopted
by the County Commissioners on the 7th day of December, 1987 and
it further appearing that said resolution called for a hearing to
be held on the 4th day of January, 1988, at which time the County
Commissioners would hear complaints and comments 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 the remaining portion of MacRae Avenue and adjoining
unnamed alley 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 the roads will be deprived of reasonable means of
ingress and egress to his property by such closing: the legal
description of said road and alley being as follows:
Being the remaining portion of MacRae Avenue (50'
right-of-way) in Harnett Township, commencing with the eastern
intersection of Burke Avenue extending southeast approximately
260, feet to termination or former western right-of-way of
Skelding Road (closed 1983); also, being all of an unnamed alley
(10' right-of-way) in said township commencing approximately 125
feet southeast from the eastern intersection of Burke
Avenue/MacRae Avenue extending northeast approximately 100 feet
to termination with Eastwood Road (Highway #74) and properly
recorded as part of Book 52, Page 563 (Villa View Subdivision) of
the New Hanover County Registry.
NOW, THEREFORE, IT IS 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.
Adopted this the 'l'~ day of ~~_ , 198.8.
"'~ VER C
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RETURNED TO~ ~
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REeve >'.i .\li lJ VERIFIED/
o~ r('(;A r, TtJI'V"''''/
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REiSTER OF OEEDS
~I E' HhN OVER CO. He
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RESOLUTION OF INTENT
TO CLOSE A PORTION OF
VANN AVENUE
WHEREAS, a petition has been filed pursuant to G. S.
153A-241, requesting the Board of Corrmissioners of New Hanover
County to close the following portion of Vann Avenue:
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Being an old portion of Vann Avemue (40' right-of-way) in
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Harnett Township, conunencin.;~ approximately 2:10 feet north from
the northern intersection of Greenville/Vann Avenues extending
north approximately 521 feet to termination and the same being
shown on the map of "Suburba.n Land Company Division" recorded in ..~
Map Book 2, Page 31 of the New HanOVE!r County Registry.
NOW, THEREFORE, BE IT RESOLVED, that this Board is
considering closing said road to public use, and that a public
hearing on this question will be held on the 1st day of February,
1988 at 7 o'clock p.m. in the Assembly Room of the County
Administration Building, 320 Chestnut: Street, Wilmington, North
Carolina, at which time the Board will hear all interested
citizens and make a final determination as to whether the
unopened road shall be closed.
The foregoing resolution was adopted by the New Hanover
of Commissioners on the ?"A day of ~y/1
_~~1~ /JL_J-~
CH IHI"lAN,
N..W HANOVER COUNTY COMMISSIONERS
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