1984-07-02 RM Exhibits
!:.'
l
f; t- drYl)fJ3 > qp/ CONSENT. AGENDA ~
NORTH CAROLINA STATE DEPARn1ENT OF TRANSPORTATION DATE: 1,// e,l R !:L;
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM a
ITEM No. L
North Carolina
County of New Hanover
Road Description Re uest for Addition Scor
Drives in Bayshore Estates Su ~v~s~on
and Biscayne
WHEREAS, the attached petition has been filed with the Board of County
Commi ss ioners of the County of New Hanover reques ti ng that the above de-
scribed road, the location of which has been indicated in red on the attached
map, be added to the Second~ry Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the
above described road should be added to the Secondary Road System, if the
road meets minimum standards and criteria established by the Division of
Highways of the Department of Transportation for the addition of roads to
the Sys tem.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
the County of New Hanover that the Division of Highways is hereby requested
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of
the County of New Hanover at a meeti ng on the 16 day of July
19 84 .
WITNESS my hand and official seal this the
16
day of July
, 19 84
Clerk, Board of Commissioners
County of New Hanover
Form SR-2 (7-77)
PLEASE NOTE:
Forward direct with request to the Division Engineer, Division of Highways
~
JAMES B. HUNT, JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. Box 1648
Wilmington, NC 28402
July 5, 1984
DIVISION OF.HIGHWAYS
WilLIAM R. ROBERSON, JR.
SECRETARY
Ms. Luice F. Smith, Clerk
New Hanover County Board of Commissioners
320 Chestnut Street
Wilmington, North Carolina 28401
Subject: Request for Addition Scorpion, Highgreen, Vale and
Biscayne Drives in Bayshore Estates Subdivision
(Div. File #500-N)
Dear Ms. Smith:
Please forward this office an executed Form SR-2 for the subject addition
as we are recommending these roads be added to the state system.
Yours very truly,
-r IIv i~i~/~kr
T. W. Funderburk
Division Engineer
TWF/eb
,~ l~,
STATE OF NORTH C.A.ROLlNA
DEPARTMENT OF 5T ATE i\UOITOF~
FIREMEN'S AND RESCUE SQUAD WORKER'S PENSION FUND DIVISION
300 N. s"'Llseu,'lY 5TRl!:ET
RALI!IGI1, N. c. 2781'
ANNUAL CERTIFICATION OF FIREMEN
General Statutes. Chapter 118-38, requires that all certified fire departments certify
annually to the N. C. Firemen's Pension Fund a complete roster of its qualified firemen.
The following certification along with a complete roster of all active tiremen* as of
June 30 of each year must be submitted to the N. C. Firemen's Pension Fund, 300N. Salisbury
St., Raleigh, N. C. on or before July' 31. Failure to submit this certification along
with a complete roster will result in~ loss of the death benefit provided by the State.
CERTIFICATION
We, the
Comnissionersin our capacity as the governing
New Hanover County Board of County
(Governing Body)
body of the Wrightsboro Volunteer
and find that attached is a true and
WriQhtsboro Vo1unteerire Department,
Mew Hanover , North Carolina.
Fire Department, certify that we have examined
accurate li~t.of all ~ctjve firemen* of the
address W, Imlngton, ~. L. County of
Signed
Title
~e.~
Date July 2, 1984
For Fire Department Chief Only
I, L,poaard H. Lonq , Chief of the Wrightsboro Volunteer Fire
Department, certify the attached roster 1S a true and accurate list of all eligible fire-
men. (Eligible firemen are firemen who have met the required 36 hours of meetings and
drills during the last calendar year (July 1 - June 30). In addition, the term "eligible
firemen" shall mean those firemen who have joined the fire department within the calendar
year and are in the process of completing the required 36 hours of meet.ngs and drills.)
ROSTER MUST BE ATTACHED WITH NAMES IN ALPHABETICAL ORDER.
"'Firemen on authorized "Leave of Absence" are to be included on the roster.
tVhenever a new fireman is added to the roster during the year, his or her name should be
forward to the Pension Fund Office immediately. '
k
F
i
•
. -41 ROSTER + PAGE of
i
FIRE DEPARTMENT COUNTY
.1'1 ,t `1C @!?: Fire D' -. , J.;:G. :10‘ . lrIIICVE'r
CHIEF DAY PHONE NO. I DATE t
_ Leonard H. Long 762 -1429 6/28/84 1
NAME ADDRESS
' 1 Donald C. Blackman 107 Glendale Dr., Wi1.,N. C.
Robert E. Burton 20 Sandy Lane, C. H. 28429
3 Clara L. Cayton Rt. 6 Box 69, Wil. 28405
4 Cynthia R. Coleman 253 Gladious Rd. C.H. 28429
ti Larry N. Croon Rt. 1 C. H. 28429 .
6 Sharon Croom Rt. 1 C. H. 28429
7 Patrick D. Gallagher 204 Oakley Rd. C. H. 28429
e Sheryl H. Ivey 125 Bermuda Dr. Wil 28401
9 William G. Ivey " " 11 " 28401
10 Thomas W. Lillie 18 Sandy Lane, C. H. 28429
11 Leonard H. Long 107 Jamaica Dr., Wil. 28401
12 Gertrude M. Moore Rt 6 box 146, Wil. 28405
13 Johnny B. McKoy 200 Bermuda Dr., Wil. 28401
t4 William Peacock 117 Whitman Dr., C.H. 28429
1s Arnold L. Peterson 113 Fawn Dr., C.H. 28429
16 Ellis M. Price Jr.. Rt. 1 Teresa Dr.,C.H. 28429
17 Frank A. Rivenbark 85 Chair Rd.. C. H. 28429
to William A. Rivenbark 11 . " It '1 28429
19 William C. Rivenbark is " " II 28429
20 Franklin Saunders Jr. 521 Castle Hayne Rd. 28401
21 David A. Seitter 611 " " " 28401
„ Edward D. Seitter 246 Carl Seitter Dr. 28401
23 Emily W. Seitter _611 Castle Hayne Rd. 2A401
24 • .... '1,' m._ :ve. C 28429
1s Olive S. Woods 647 Castle Hayne Rd. 28401
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f:/~ P'~7: 1/
FIREMEN'S
STATE OF NORTH CAROLINA
DEPARTMENT OF STATE AUDITOR
AND RESCUE SQUAD WORKER'S PENSION
aDo N. SALISBURY 5TREE:T
RALEIGH, N. C. 278' I
FUND DIVISION
ANNUAL CERTIFICATION OF FIREMEN
CONSENT AGENDA
DATE: ?J/~/glf
I I /
ITEM No. ~
General Statutes, Chapter ll8-38, requires that all certified fire departments certify
annually to the N. C. Firemen's Pension Fund a complete roster of its qualified firemen.
The following certification along with a complete roster of all active firemen* as of
June 30 of each year must be submltted to the N. C. Firemen's Pension Fund, 300 N. Salisbury
St., Raleigh, N. C. on or before July 31. Failure to submit this certification alon&
with a complete roster will r~sult in~ loss of the death benefit provided by the State.
CERTIFICATION
We, the
NeVI Hanover County Board of Commi ss i oners
(Governing Body)
body of the ~'yrt1e Grove Volunteer
and find that attached is a true and
t~yrtle Grove Vol. Fire Department,
New Hanover ,North Carolina.
in our capacity as the governlng
Fire Department, certify that we have examined
accurate list of all active firemen* of the
address Wilmington, N. C. County of
Signed
Title
Chairman
July 16, 1984
Date
For Fire Department Chief Only
I, Frank R. Piner, Jr. Chief of the Myrtle Grove Fire
Department, certify the attached roster 1S a true and accurate list of all eligible fire-
men. (Eligible firemen are firemen who have met the required 36 hours of meetings and
drills during the last calendar year (July 1 - June 30). In addition, the term "eligible
firemen" shall mean those firemen who have joined the fire department 'within the calendar
year and are in the process of completing the requ'red 36 hours of meetings and drills.)
.July 9, 1984
Date
ROSTER MUST BE ATTACHED WITH NAMES IN ALPHABETICAL ORDER.
*Firemen on authorized "Leave of Absence" are to be included on the roster.
Whenever a new fireman is added to the roster during the year, his or her name should be
forward to the Pension Fund Office immediately. l
- - ■••- ROSTER
;
FIRE DEPARTMENT Icounrn,
Myrtle Grove Volunteer Fire Department New Hanover 1
CHIEF DAY 1 PHONE NO
791 5000 I DATE . I
Frank R. Piner, Jr. 7/2/84 i
i
• NAME ADDRESS
lAshline, Gary m. Rt. 2 Box 238AB
1
,Brown, Phillip G. 609 Trail
, .
3Burriss, James W., Jr. 4829 Sandy Court
6 Carter, Edward K. Rt. 2 Box j50A
',Clark, Jeffery 105 Angel Island Dr.
6 Davis. Wilbur, Jr. 615 Piner Rd.
7Garner, G. Thomas 319 Horn Rd.
H Hildebrand, Ray J. 5302 HuRo Ct.
()Hines, W.C. Jr. 721 Mohican Trail
1
o Horne, Roger E. 611 Piner Rd.
!Ivey, Royce A. 404 Silver Lake Rd.
'Johnson, Jeffery A. 6002 Carolina Beach Rd. Lot 14D
1Jones, Gary H. Rt. 5 Box 261
I, Kye, Kenneth L. Rt. 5 Box 439
',Mattes, Lucian A. 305 N. Channel Have n Dr s_____
6Miller, Charlie G. 221 N. Channel Haven Dr.
7Miller, Charles L. Rt. 2 Box 337G
mmimsAlwhite, Roy F. Rt. 2 Box 137BBR
qPiner, Frank R., Jr. Rt. 5 Box 248
oRivenbark. B.A.. Jr. 225 N. Channel Haven Dr.
!Royal, Rocky D. 148 Whipporill Lane
/Sneeden. Carlton H. 5 Point Reyes Rd.
iSneeden, Tony 5 Point Reyes Rd.
',Sullivan, Alton 518 Mohican Trail
.,Taylor, Oran J., Jr. 361 Golden Rd.
&Wiggins, Joseph A. 4837 Sandy Court
7 illiams, Michael 622 Silver Lake Rd.
,
8 ilnon, navid C. _350 Carolina Beach Rd. Lnt 5A
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STATE OF NORTH CAROLINA
DEPARTMENT OF STATE' AUDITOR
FIREMEN'S AND RESCUE SQUAD WORKER'S PENSION FUND DIVISION
300 N. SALISBURY STREET
RALEIGH, N. C. 27811
ANNUAL CERTIFICATION OF FIREMEN
General Statutes, Chapter ll8-38, requires that all certified fire departments certify
annually to the N. C. Firemen's Pension Fund a complete roster of its qualified firemen.
The following certification along with a complete roster of all active firemen* as of
June 30 of each year must be submitted to the N. C. Firemen's Pension Fund, 300 N. Salisbury,
St., Raleigh, N. C. on or before July 3l. Failure to submit this certification along
with a complete roster will result in~ loss of the death benefit provided by the State.
CERTIFICATION
We, the
in our capacity as the governing
we have examined
of the
County of
Signed
Title
Date
For Fire Department Chief Only
I, z~. , Chief of the <? Fire
Department certify the ' tached roster is a true and accurate fire-
men. (Eligible fireme are firemen who have met the required 36 hours of meetings and
drills during the last calendar year (July 1 - June 30). In addition, the term "eligible
firemen" shall mean those firemen who have joined the fire department 'within the calendar
year and are in the proce.. of completing the required 36 hour. of meeting.~ill..)
ea; -Y~i:; ~ .
",.- ~ -:4.'-1 - ?r1
Date
ROSTER MUST BE ATTACHED WITH NAMES IN ALPHABETICAL ORDER.
*Firemen On authorized "Leave of Absence" are to be included on the roster.
Whenever a new fireman is added to the roster during the yeart his or her name should be
forward to the Pension Fund Office immediately.
t
i
+ ROSTER PAGE / OF /
FIRE DEPARTMENT -
eN vo �IL,,' A j ,ee 0e f �,vc, I /Ye COUNTY 1/44,,D I e
CH 6
F / / DAY PHONE NO. • DATE
4 /l/A,e /ov (av/l ei. I4n-794k9 1 / /Q ?*
1 // NAME ADDRESS l
7t-- t A9Nder'SON /Y/s,7`/1ew S. /.3/< /3/A ,DR. IV,I zil 4,9 Afc2f .
2 l • / - AA/ 1/, 23 f .0.- , "• / 'r
4 (RGwrV1t'- /.. T 3/7a tiaricOad Rd, S I
c%iir vn..r -7cM�1 ‘- .per —_�` .4
7 Ni.v- - . . % If
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9 CIA 7''ie e/ % ? 4 ` . ■ 242 Beel f ed ,V, hl, r r
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11 yu TT / l e w,vet.4 /P, 345 We.,l /iN • AV PR, . (
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13 • .- - Ncc. Fe w, r .: /. .. ,.• P- it
1 4 L.47 M DA 7r 2.71 SLR..�cir�T DR. /s
15 p / /ANP, y 74," I Ats .4 Z.6/ Bk JT C/R c e ,,,
16 Pi tnn'4i, ehm es 2 2/6 E/ 27 de v OR,
17 P/z e V /9A* ,, f32 / AA/ 4 Box / �ab / r
18 �lyylms , T m 7/� a ` , D#, r
19 o /ede, D RVi d 217 ,(3c dfo,Pd if it
zo .S'ni.4� QAx/ce I, ?- / box ✓5 A 4 21 WA> / O
eRs rARRrck /D/ /.r /,vI f1'cek PR, 0 '
2 WA7''�4 T 9?o /y D, .Z.5 Src/4gay Rd, I.
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23 Wr/ / A/vd4e _ 68/y- GeRq 4' �t 0�, e1
24 D2Re /% tdwaed E. /c6/✓in&/ii/ /s I�p'ie, r,
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STATE OF NORTH CAROLINA
DEPARTMENT OF STATE AUDITOR
FIREMEN'S AND RESCUE SQUAD WORKER'S PENSION FUND DIVISION
aoo N. S...LISBURY 5!REET
RALEIGH, N. C. 278\ 1
ANNUAL CERTIFICATION OF FIREMEN
General Statutes, Chapter 118-38, requires that all certified fire departments certify
annually to the N. C. Firemen's Pension Fund a complete roster of its qualified firemen.
The following certification along with a complete roster of all active firemen* as of
June 30 of each year must be submitted to the N. C. Firemen's Pension Fund, 300 N. Salisbury
St., Raleigh, N. C. on or before July 31. Failure to submit this certification along
with a complete roster will resvlt in~ loss of the death benefit provided by the State.
CERTIFICATION
New Hanover County.Board of Commissioners .
in our capacity as"the gbverning
New Hanove~Ge-gafi~}nAi ttPo1Yt) ~. .
body of the f ~ [. R . . Flre Department, certlfy that
and find tha l~ a H~a l~S~H~rue and accurate list of all active firemen*
Nel'l"Jianover County Ai rpof'tre bep~rtment, address Wi 1m; ngton, N. C.
New Hanover , North Carollna.
We, the
we have examined
of the
County of
Signed K:AIAL f /.i,:a;:.,,:
Title ~hairman
Date July 2, 1984
For Fire Department Chief Only
I, :;IO$i:.\>\-\ . \... . ~ 'Nt. , Chief of theN~,.j \\I\N\)~a. ~u~'J ~t~r~
Department, certify the attached roster is a true and accurate list of all ellgible fire-
men. (Eligible firemen are firemen who have met the required 36 hours of meetings and
drills during the last calendar year (July 1 - June 30). In addition, the term "eligible
firemen" shall mean those firemen who have joined the fire department within the calendar
year and are in the process of completing the required 36 hou of meetings and drills.)
Fire Chl.ef
{., -r~- ~i ..
ate
ROSTER MUST BE ATTACHED WITH NAMES IN ALPHABETICAL ORDER.
*Firemen on authorized "Leave of Absence" are to be included on the roster.
Whenever a new fireman is added to the roster during the year, his or her name should be
forward to the Pension Fund Office immediately.
ROSTER PAGE OF
/ FIRE DEPARTMENT COUNTY
New Hanover County Airport, Crash Fire Rescue New Hanover
CHIEF DAY PHONE NO. DATE
Joseph L. Rhine 1 763 -6200 6 -13 -84
( NAME ADDRESS
t William B. Cutler 125 N. Crestwood Dr.,, Wilm. 2840
Conrad L. Giacalone 1609 Fordham Rd., Wilm., 28403
3 James H. Ring 314 Castle St., Wilm., 28401
'4 Ronald .T_ Tittle Rt. 1, Box 245, Bolton, NC 28423
5 Robert G. Lowery Lot 11, Port -O- Pines, Wilm. 28405
6 Robert O. Malone, Jr. 301 Mercer Ave., Wilm. 28403
7 Loftin A. McCullen, Sr. Rt. 4, Box 656, Wilm., 28405
8 Harold H, r '21 Point Reyes Rd.. Wilm. _8 0
9 GPra1d Myora '' Rt. 3. Box 1437, Castle Hayne, .
10 Richard A. Norman 15 N. 7th St., Wilmington, NC2840
11 Joseph L. Rhine 109 McDougald Dr., Castle HayAW
11 Julie E. Wight 414 Redwood Rd., Wilm.,NC 2 8403
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/4
TRANSCRIPT OF MOTION ON ISSUANCE OF A SPECIAL USE PERMIT FOR
PROPERTY APPROXIMATELY 2.1 ACRES LOCATED ON THE NORTHSIDE OF
WRIGHTSVILLE AVENUE, DIRECTLY EAST OF SUMMER REST ROAD (SR 1417)
AND WEST OF THE WRIGHTSVILLE BEACH BRIDGE FOR A COMMERCIAL MARINE
IN A B-1 BUSINESS DISTRICT
Commissioner O'Shields: From the standpoint of what we have to
consider in issuing or not issuing a Special Use Permit, are the
things that have already been alluded to from the standpoint that
(a) the use will not materially endanger the public health or
safety if located where proposed and approved. From my point of
view, I feel like if the permit was issued for this, it would not
endanger the public health nor safety if located where proposed.
The argument has been made about congestion and everything else
and to me I feel it is much safer to have the boat in a slip than
to have it across the waterway trying to launch from a ramp.
The second one is that the use meets all the required
conditions and specifications. We can put any conditions to the
permit that we want that I think would be resonable. I think Mr.
Mobley has shown his sincere intent to try to comply with the
wishes of a lot of people in the modified plan accordingly to try
to get some use of the piece of property by the State denying him
any type of driveway. He has modified that, and that he doesn't
want gasoline sales in there, and I agree, I don't think that
would be good, and they are not included, and I think that was a
resonable and prudent decision by the County Building Inspector
to rule in that manner. From the standpoint of the buffer zone,
I think there again , that is something that we need to be
practical about, it does say, the best I recall, the
requirements could be natural, it doesn't say height or what
natural is, marsh grass from 500 to 600 ft. is adequate, I think,
in this case.
That the use will not substantially injure the value of
adjoining or abutting property. I think that if anything would
have caused any substantial damage or loss of value to adjoining
or abutting property in that area would have been a public boat
ramp 200 feet further across the water than this is. The number
of boats that have gone in there from what I have seen in
property sales, I don't think anything has caused any slow down
or any kind of injury to value of property in that area. I don't
believe that the erection of a pier with 23 slips will cause any
harm to that property value.
From the standpoint of the question of parking in regard to
the facility and where the property adjacent parking area is and
things such as that, to me where we have dealt with, and I don't
know how many times we have done it one or two cases where there
has been a questionable restaurant and parking such as that, I
don't know we have done it from the front door, and in my opinion
it should run from the property wherever the description is in
the Special Use Permit. So, from that standpoint it would be
where the pier starts and the walk starts, about 400 feet away.
~.
-2-
The location and character of the use is developed
according to the plan submitted for approval, be in harmony with
area in which it is to be located in general conformity with the
plan and development of New Hanover County. I think the number of
photographs submitted indicate that it is a water activity area,
it is conservation, it is transitional, and water related uses
are appropriate under certain guidelines for that area; and I
feel that he is willing to comply with those guidelines, and with
all that said and done, I MOVE that the Special Use Permit be
granted subject to the changes he indicated here, the two spaces
on the end be removed, which he indicated to be 30 ft.
Commissioner Blake: I will SECOND that motion.
Commissioner O'Shields: This is not saying whether or not who
has the right title to the property or who is on whose easement
or anything of that nature. It's based on those four findings.
Chairman Gottovi: I will speak against the motion. I think that
General Requirement No. 3 is not met. The proximity of this
proposal to the bridge and the hazards that are in that area
endangers public safety, and proximity to the sewer line,
the public health. It also does not meet the General
Requirements in the first one. Adequate information about the
services to this marina have not been provided. Mr. Mobley
admitted himself he did not have the water service indicated on
here, and we certainly don't have any idea of what he is going to
do about litter refuse, petroleum products, etc. given to this
area. Our ordinance also requires in General Requirement No. 2
that a buffer be shown on the site plan as required by Section
72-31(2) that is not shown. So, I have to vote against the
motion.
Commissioner O'Neal: I would have to vote against it on the
basis that there are several things in there that he does not
comply with. If there is anyone of them, you don't have to have
a dozen.
Commissioner O'Shields: Do you want to specify which ones those
are for the record?
Commissioner O'Neal: Well, for example, Karen has just ticked
them off. Do you want them repeated?
Commissioner O'Shields: No
Commissioner Barfield: The only problem I have is the one about
the force main. Do you feel satisfied with that distance away
from the main?
-3-
Planning Director Hayes: I guess the question is, do you feel
satisfied? If you want to make that condition, he said it was no
problem to locate 20 feet away.
Chairman Gottovi: I don't, not one bit.
Commissioner O'Shields: I don't think that is a reasonable
condition because it could depend upon where the pipe was located
and the angle at which it is running under there, and if it were
to go pass the end of the pier and run within 10 feet along the
back side of it going some place, you couldn't keep it 20 feet
away.
Planning Director Hayes: He suggested the 20 feet.
Commissioner Blake: Well 7 1/2 feet is the requirement, we could
establish 10 feet.
Chairman Gottovi: He said he would be willing to go 20 feet.
Commissioner Barfield: With the 20 feet in there, I will support
the motion.
John Mobley: The plan can be modified to 20 feet away. However,
again this force main even if it were there as a permitted thing
Commissioner Blake: That is not the question. The question is
are you willing to put the piling at least 20 feet away?
Chairman Gottovi: Sewage is running through it right now.
John Mobley: Yes, I am.
Commissioner O'Shields: Then, make it a condition.
Attorney Raney: Twenty feet should not be allowed in certain
directions obviously and if you don't consider that I would
suggest that you deny it. If there is any consideration granted,
you need to specify where the 20 feet is.
Chairman Gottovi: What would you suggest?
Attorney Raney: I would suggest that you deny it.
Chairman Gottovi: I know you do. What are you talking about?
Attorney Raney: Well, for instance, he could move his pilings 20
feet further out into the channel. Having a 60 foot long slip...
Planning Director Hayes: He has already reduced it 30 feet.
-4-
Commissioner Blake: You can't block the channel.
Chairman Gottovi: Alright, 20 feet away not into the channel.
Commissioner Barfield: Without blocking the channel no more than
what it is now.
Planning Director Hayes: He has already agreed to reduce the
length of the...
Commissioner O'Shields: Well, that was part of my motion
Chairman Gottovi: I think it might be reasonable to suggest the
first 130 feet, but beyond that I think it is unreasonable. I
don't think it will be allowed.
Commissioner Blake: Do you want to put 20 feet into your motion?
Commissioner O'Shields: I agree to 20 feet.
Clerk: Alright, the piling 20 feet away from the force main?
Commissioner Blake: That no piling be located closer than 20
feet to the force main.
Chairman Gottovi: I just can't believe that we are even
considering this. Particularly, that close to the bridge. I
think this is absolutely unrealI
Commissioner Blake: I do not understand the problem with it
being close to the bridge. Wrightsville Beach Marina is right up
against the bridge and to the best of my knowledge there have
never been any marine accidents as a result of that thing being
close to the bridge. This is going to be no closer to the bridge
than the marinas on the other side. So, I can't see that as a
valid objection.
Commissioner Barfield: One thing, the property was purchased
prior to us changing the Land Use Plan and we restricted this
property. If CAMA wants to turn it down, it. is fine.
Chairman Gottovi: Are you ready for the motion? Oh, go ahead,
maybe you will say something pertinent. (Ha,HaI)
Commissioner O' Shields: You mean to say something that you would
agree with. (Ha, Ha). I would agree to not grant him the Special
Use Permit if the State would put its money where its mouth was
in that letter, and let Mr. Mobley determine what a fair market
value price for the property was, and the State brought it from
him, I think to do that for all the permits issued, fine. But,
when the state writes a letter like that
-5-
Chairman Gottovi:
liability.
The State is not subject to anti-trust
Commissioner O'Shields: I know. But, it one of those things you
either got to fish or cut the bait.
Planning Director Hayes: You could throw it back in the State's
lap if you want to.
Chairman Gottovi: Tell us how you can do that.
Planning Director Bayes:
access onto 74-76.
Don't approve it without having an
Cahirman Gottovi: No, I don't think we can do that.
Planning Director Hayes: That would force the permit to be
denied by the state which would require the state to..... They
can't deny a permit if you don't ask them for it.
Commissioner Blake: Call for the question.
Chairman Gottovi: All in favor of the motion, which I hope Mr.
Hayes has down...
Planning Director Bayes: One point that is not addressed is
that there is a lighting requirement in the specifications that
is not addressed.
Chairman Gottovi: Oh yes, he did not address that either. It is
required that he provide night lighting.
Commissioner O' Shields: In the Special Use Permit he has to meet
certain requirements.
Chairman Gottovi: He didn't show it, like his water line and
everything else.
Commissioner Blake: The water line is not significant. For
Pete's sake, he can just put a simple line out there for people
to hook a hose on. I don't see that as a significant addition or
deletion to this project.
Chairman Gottovi: Depends on what he wanted.
Commissioner Blake: Well, I cannot in good conscious find
anything that will allow me to vote against this thing.
Commissioner Barfield: Sometimes I don't know whether to have
good conscious or not.
-6-
Chairman Gottovi: All in favor of the motion, say aye.
Voting Aye: Commissioner Barifeld
Commissioner Blake
Commissioner O'Shields
Chairman Gottovi: All opposed to the motion, say noe:
Voting Noe: Chairman Gottovi
Commissioner O'Neal
';/'~N~;""" ~'"~*'"
G. Felix Cooper, Manager
RESOIDTIOO ACX:EPTING OFFERS TO
PURCHAsE SURPWS REAL PROPERrY
WH'ERF.AS, certain offers to purchase parcels of real property owned wholly or
jointly by New Hanover County and/or the City of Wilmington have been advertised for
upset bid in carpliance with North Carolina General Statute l60A-269 and pursuant to
resolutions adopted by the City Council of the City of Wilmington on April 24, 1984
and May 8, 1984 and the Board of Canmissioners of New Hanover County on May 7, 1984; and
WHEREAS, there have been no further qualifying upset bids entered for the property
described on the attached list within the statutory period allowed by NmS l60A-269; and
WHEREAs, the offerors indicated on the attache:1 list have agree:1to pay the anount
indicate:1 on the attache:1 list for the parcels of real property show.i1 thereon; and
WHEREAS, the property is declare:1 by the County Carmissioners to be surplus and
not neErle:1 for public purposes; and
WHEREAs, it is in the best public interest and welfare to dispose of this property
in accordance with the negotiated tenus and con<U tions.
NOV THEREFORE BE IT RESOLVED:
1. T.hat pursuant to NCGS160A-269, the County Canmissioners do hereby
accept the offers to purchase as indicated on the attache:1 list fran
the offerors as indicate:1.
2. T.hat the City of Wilmington and/or New Hanover County will retain any
deI:X?~.i.brP'fJQt~ by the offerors as liquidate:1 danages if the offerors
~~.~ ~*~balance of an approved offer due in cash within ten
~,,"~or.cJaY9.~.~8~Pt of a notice by certified mail of availabiltiy of
l~,. ~~~ce.
I I. \'"
~"-tc Tf1a . 0 the Board of Camnissioners of New Hanover County
i 1t. 'fu horize:1 to execute a dee:1 without warranties to
\ ~ . - a de gnated on the attache:1 list.
. lUI'OAT
'k .... ,
,O~;..-:-.... ~...
~ CA10\.~
........t
&,.e. ~.
. , Board of Cbrnnissioners
~7~~~~
meeting
, 19~"
ATlEST:
~\~~
Co ty ClerK
CITY of WILMINGTON
North Carolina
P.O. BOX 1810
28402
FINANCE DEPARTMENT
June 26, 1984
~ONSENF AGENDA
DATE:.7 ..~. .-~t
. . "~"'."_'''-<__.''e'',_ ."- ,", .-,. ""'ji r~
mM1jo4~:L~~
Nr. G. Felix Cooper, l-1anager
New Hanover County
320 Chestnut Street
wiJmington, North Carolina 28401
Dear Mr. Cooper:
'Ihe attached resolution relates to the sale of surplus property
owned by New Hanover County and the City of Wilmington.
This resolution accepts offers to purchase parcels of property
for the sum of $3,875. This property represents ad valorem tax
value as of 1983 totaling $7,740. 'Ihe offers to purchase have been
duly adve.rtised for upset bid.
Passage of the attached resolution is rec':om.nended.
Respectfully sul::mitted,
Artis R. Bryant
Real Estate Officer
ARB/wph
Attachment
T.I\X ~1A.!;. W..l.'l.Ll.t:.t<.; OUU.L-U:)4~~~~~_. UUU
ADI1:1ES";,!)!' 120 St. Jarr.es Allev
ASSESSE0~\l.UE: Ulm $ 690--
DIMENSIONS: 27.6 x 75--
:4 CrT~!: --~% COUNTY:
BIOi $ 350 i. OF
BLDGS.: $
lONING: R-l
46
ASSESSED VAl.UE:
LEGAL DESC.: Pt.
-0- TOTAL: $
ACQ. COST: $
CITY COST: $
Lot 5 Blk 146
690.00
,570.21
307.80
51
OFFEHOR:
John Ed'ilard' Evans, Jr. & wife,
AIlee Everetl:tVans
4.O~?ri-S;,,"'e~':
Wilmington, N. C. 28401
LIJ::NS:
TYPE:
\
TOTAL
-0-
=
T1\.'\ ~!AP NUHBEt\: 6001-05410-018-0~6. 000
ADDRESS:_ 914 Queen Sq.:eet LEGAL
I\SSESSED VALUE: LA~iD $k150 BLDGS. $ -0-
DnfE~SIO~~S: 33xllS ZONE!G: R-l
7. eIIT: 64.6 % COUNTY: 35.4
BID: $ 725 Z. OF ASSESSED VALUE: 50
OFFEROR: LIENS:
Augusta E. HCL""'onald
1018 S. 8th Street
Hilrnington, N. c. 28401
DESC. : Pt. Lots 1 & 2 BL1c 67
TOTAL $1,450.00
ACQ. COST:S 3,571.61
CITY COST: $ 2,308.46
TYPE:
TOTAL
-0-
,
'-.
. u-.........~..:-_.-..~__.._._._~.___~.".. .c...
T i\X :'!.AP ~;Ui.mER: .sQo 1-0Ml1 l-Q05-00'S...o.QO
ADDRESS: .--8..Q4....NQ.tl:.:11 7th ~tre.!;L......._~_
ASSESSED \lALUE: L\.:iD $ 870.00
fJ n!ENS IOtiS : _. 22 X 115
% qTY: 82 i~ COU~HY:
in o~ $ __:D_S . 00
BLDGS.:. S
- .
ZONING: H2
18
LEGAL
-0-
ACQ.
CITY
fJESC. : 51;'74 t<j1;q5 Bleck 282
TOTAL 7$----s7-MCr-----
COST: $ 773 l~
COST: $ hll 7R
TYPE:
% Of ASSESSED VALUE:
LIENS:
SO
OFFf::!WR:
_-Bos~~e~Mcrlrlin
_ _.B.o.a..Nort- h_.G..t..'-lJ3.tJ::=>-EL
_J'Ii.L11i.c.g.t~tL.c.. 284 Q..l
T07AL
-0-
"
, " .
. .l'AX. ~tAl) NUMBER: ~g_Q),_~_Q~I.09:~,Q2Z~JtOl,!.999,__" _., ,
.\\)l)!U~SS: 801 South 5th Street
. :\~s~':ssr':DV^CITi'::'-l~N'I>' '~; '2090' ' ' ,,' , , '\I'l:lJCS'. :~:; 261l0.
1'1 ~IFi'\S InNS: M~ X 71 . , i(iNI Nt: : Rl
(~ITY: SI. ~ 5"' "n. C(llINTY: l.5. 5
''Ill: $ 2365'~O'O'--".' :.. OF :\s'S"':'S:S'I':']lHV'/\l.lIl'::
1.11':NS:
50
,'l'I.Tl,U!, :
J oJ:ln A., Ival.1ruck
420 South 5th Street
. -~. ...- --.....-.,..-.-.--'--.--.. --
t~~_l~i_r:E;~~_n_~__~L C,., ,2 8~Ol
TIlTAl,
, ,\:\ ~I.-\ I' Nll~lI\ I': I, :
\ 1'!)f,I':~S:
~ - . - - - -. .
\:;:,F~SFP v:\i.n:: LANll ~~
'l~\i::\:, I I lNS:
\:1 TY:
; 1 j): S
,';.::U,tli\: '
1\ L 1)(; S. ~:;
;;.(IN 1 Nt::
(:tl!INTY:
Ill-' .\;;;;I':SSI-:Il VAI.III'::
I. II<N;; :
I't) 1\ I.
\\ ~I.\l' :\t:~I1\l-:l,:
"'!\I\F~S :
\' ;'T.;;;;! 11 V Al.lll':: 1.ANll ~;
. i ~\I::;S J IlNS:
J.Ee^ I.
Ill':SC:.: NH 1 Block
TOT^ I.: ::; 4730
CllST: $ 935.97
UlST: ~; 509.97
TYI'I< :
. "
49
^f:( I.
CITY
1./':(;1\1. IJI':SC:.:
'I'll'! A I. '
AClI. !:IJ::T:
t'lT',' (),;:'I:
'I'y I' 1< :
1.1-:(;,\1. 1>1':;<:,:
I \ I . PI : S. ::; ./ '(J' 1,\ I .
I.UN IN(:: A!:I/' CU;,:I :;.
\: 1 TY:
.1 i': $
.: FEROR:
CO! INTI' :
'.(. 01.' ^S~;[':SSEll V^\.lq.::
. I. I. EN S :
'II 'i',\ I.
<: ITY Cll::'I':
TYI'E:
<,
"
-,"
f; ~ ~ 5!; ~3-' ~~
RESOLUTION APPROVING SETTLEMENT OF
CLAIMS AND PRIVATE SALE OF
TAX FORECLOSED PROPERTY
WHEREAS, the City of Wilmington and New Hanover County
have filed actions in New Hanover County District Court against
Harry Forden (File Nos. 81 CvD 2579 and 82 CvD 1552, respective-
ly) relating to the ownership of certain property at 816 North
Fourth Street and 9l2'North Tenth Street, the City and County
claiming interests in such properties by virtue of a tax fore-
closure sale c~nducted on October 29, 1979; and
WHEREAS, the County has conveyed all of its interest in
the property known as 912 North Tenth Street to the City; and
WHEREAS, Harry Forden has offered to settle all claims
of the City and County by the repurchase of the property at 816
North Fourth Street at private sale pursuant to G.S. Sl05-376(c),
and by conveying any _in~erest that he may have in the property at
,912 North Tenth Street to the City; and
WHEREAS, Harry Forden has offered to repurchase the
property at 816 North Fourth Street for the amount of $2,894.83,
which represents all taxes and interest due on said property, as
well as the cost of the foreclosure sale; and
WHEREAS, such amount will place the City and County in
the same position as if the property at 816 North Fourth Street
had not been foreclosed; and
WHEREAS, Harry Forden has submitted constructive
evidence of his prior ownership of the property at &16 North
Fourth Street and has deposited ten per cent (10%) of the offered
purchase price in certified funds;
NOW, THEREFORE, BE IT RESOLVED by the Board of
Commissioners of New Hanover County, as follows:
1. The Board of Commissioners hereby approves the
sal~ at private sale to Harry Forden of the property known as 816
North Fourth Street and more particularly described as follows:
Beginning at a point in the eastern line of Fourth
Street 96 feet south from the southeast intersection of
Bladen and Fourth Street, and running thence with the
eastern line of Fourth Street southwardly 30 feet;
thence eastwardly and parallel wi th Bladen Street, 60
feet; thence northwardly and parallel with Fourth
Street, 30 feet and thence westwardly and parallel with
Bladen Street 60 feet to the eastern line of Fourth
Street, the beginning, same being a part of the western
half of Lot 2, in Block 279, according to the Official
Plan of the City of Wilmington.
Being the same property identified by official tax maps
in the New Hanover County Tax Office as Parcel No.
4813-002-003.000.
2. The purchase price for said property shall be
$2,894.83 to be paid in cash, certified check or other certified
funds.
3. The Bo~rd of Commissioners hereby approves the
settlement and dismissal of the County's action relating to the
ownership of the above-described property upon the payment of
said purchase price.
~~t_~ .
Karen E. Gottovi, Chairman
Board of Commissioners of
New Hanover County
.~<~-
Cler --
2