1999-10-04 RM Exhibits
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STATE OF NORTH. CAROLINA
AFFIDAVIT
COUNTY OF NEW HANOVER
Mona Black, being duly sworn"deposes and says:
, .
"
1. I
disability,
herein.
am over the age of 18, I am suffering from no
and I have personal knowledge of the matters set forth
:2'. I am unable to attend the New Hanover County
Commissioners meeting on October 4, 1999 because my husband, Dr
Paul Black, age 93, is scheduled to have oral surgery the morning
of October 4, and it is essential that I stay home to care for him.
3. This statement is offered pursuant to Rule 804 of the
North Carolina Rules of Evidence on the basis that I am unavailable
to be present or testify at the hearing because of the existing
physical' infirmi.ty of my husband and my obligation to care for him
during this infirmity.
4. My husband and I own approximately 43 acres of
undeveloped land on the north side of Park Avenue in New Hanover
County, west of the property which is the subject of this rezoning
request. Our property is designated as Tract 5 on the attached
plat.
5. Even though our property is currently zoned R-15, we do
not believe residential development is the highest and best use
because the property directly across the street (south of Park
Avenue) is zoned B-2. As a result, we have no plans for
residential development of our property.
6. My husband and I are familiar with the request of Jeff
Smerko to rezone Tracts 1, 2, 3, 7 and 12 as shown on the attached
plat from R-15 to O&I Conditional Use District, and for a special
use permit to develop this property into a professional office
center. I have personally examined Mr. Smerko's application and
site plan and architectural renderings and have discussed same with
my husband, and we fully support this request. We believe Mr.
Smerko's request is in perfect accord with New Hanover County's
Land Use Plan, which states that Office & Institutional zoning is
an appropriate transition district between residential and
intensive commercial uses.
7. A man-made ditch runs northwest from Hinton Avenue across
the property sought to be rezoned, through the northeast portion of
our property, crosses an existing culvert at Wrightsville Avenue,
and eventually meanders back to the northeast to reach the
discharge point of Bradley Creek.
8. The portion of the ditch which crosses our property needs
to be redug and maintained in order to improve drainage in the
surrounding areas.
9 If Mr. Smerko's application is granted, my husband and I
agree to grant to New Hanover County, or its assigns, and Mr
Smerko, or his assigns, a permanent construction easement to
maintain the portion of the ditch which crosses our property
Further, this affiant sayeth not.
This the -:snJ day of October, 1999.
~t5Y"\o.
Mona Black
~Qc1-
Sworn to and subscribe~
before me, this the ~
day of Octo r, 1999.
[NOTARY SEALl
7r Commission Expires:
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DESIGNATION OF APPLICANT'S AGENT
"
RESOLUTION
BE IT RESOLVED BY
Board of
County Commissioners
(Governing Body)
OF
New Hanover c'ollnry
(Public Entity)
THAT
Allen O'Neal
(Name of Incumbent)
County Manager
(Official Position)
OR
, Governor's Authorized Representative,
is heteby authorized to execute for and in behalf of
New Hanover County
, a public entity established under the laws of the State of
North Carolina , this application and to file it in the appropriate State office for the
purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd
Congress) or otherwise available from the President's Disaster Relief Fund,
THAT New Hanover County
, a public entity established under the laws of the
State of North Carolina . hereby authorizes its agent to provide to the State
and to the Federal Emergency NIanagemenr Agency (FEMA) for all matters pertaining to such Federal disaster
assistance the assurances and agreements printed on the reverse side hereof.
tI~~
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day of
,19 99
Passed and approved this
William A. Caster, Chairman, Board of County Commissioners
(Name and Title)
(Name and Title)
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1'<~=ffl
CERTIFICATION
I,
Lucie F. Harrell
, duly appointed and Clerk to the Borad
(Title)
of
New Hanover County
, do hereby certify that the above is a true and correct copy of a
on the
ft;llv
//)/S/;f
, {
County Commissioners
(Governing Body)
~
of New Hanover County
(Public Entity)
resolution passed and approved by the
day of
,19 if 9
Date:
Clerk to the Rn~rd
(Official Position)
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* Name of incumbent need not be provided in those cases where the governing body of the public entity desires to
authorize any incumbent of the designated official position to represent it.
Rev. [JRJ<)y
11 The Applicant shall begin and complete all items of work within the time limits established by the
Governor's Authorized Representative.
[2 The Applicant shall comply \,,;th all Federal and State statutes and regulations relating to non-
di~mination.
13 The Applicant shall comply \\ith provisions of the Hatch Act limiting the political activities of public
employees.
14 The Applicant shall comply, as applicable, \\ith provisions of the Davis-Bacon Act relating to labor
standards.
15 The Applicant shall comply \\ith the flood insurance purchase requirements of the Flood Disaster
Protection Act of 1973, which may require purchase of flood insurance for some costs over S 1 0,000
16. The Applicant shall not enter into cost-plus-percentage-of-costs contracts for completion of disaster
restoration or repair work.
17. The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or
Federal funds.
18 The Applicant shall not enter into any contract \'.;th any party that is debarred or suspended from
participating in Federal Assistance.
19 The Applicant shall comply with all uniform administrative requirements which are set forth in the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,
and as implemen~?d by 44 CFR Part 206.
Signed by Applicant:
Allen O'Neal
Typed Name
56-6000324
Applicant's Federal Tax
Identification Number (Required)
County Manager
Title
Signature
Date
Signedfor State.
Typed Name
Title
Signature
Date
..
REV. Q6J99
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10-4-99
OMI.lQ(I'O..lIMo..OJ11<:""O'l
APPLICATION FOR
,. FcDEiiAL ASSISTANCE
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(910) 341-7LB~-
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Allen O'Neal
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. h. '"ori.::ed 'tor Lo~1 Reproductlon
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
COUNTY SUPPORT OF CENSUS 2000
"
WHEREAS, questionnaires for the U.S. Census 2000 will be delivered to residents of north
Carolina in March of 2000, and
WHEREAS, many residents may not know that individual Census responses are private and cannot
be shared outside the Census Bureau, just as they may not know about the important relationship
between their return of census questionnaires and key services in their communities, as well as the
funding to support these services; and,
WHEREAS, millions of dollars in federal and state funds are allocated across North Carolina based
on Census results, including funds for education and school facilities, community development,
health care services, aging programs and job training; and,
.
WHEREAS, accurate Census data helps counties, other local governments and community
organizations more adequately develop short-term and long-range action plans, siting of facilities
and service priorities to meet local needs; and,
WHEREAS, many counties have populations of residents that are particularly hard to reach, such
as transient or seasonal workers, illiterate residents, non-English speaking communities, the
homeless and residential students; and,
WHEREAS, counties have been invited to work closely with U.S. Census officials in planning for
and implementing Census 2000
NOW, THEREFORE BE IT RESOL VED thatthe New Hanover County Board of Commissioners
urges the residents of New Hanover County to participate in and support Census 2000
Adopted this the 4th day of October, 1999
1:J~ Q ~
William A. Caster, Chairman
Attest:
ST ATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE COUNTY OF NEW HANOVER
IN THE MATTER OF
Regulated Cable Service provided by
Time Warner Cable to New Hanover
County residents, NC-0140
)
)
)
)
)
)
Accounting andTolling Order
for Time Warner Cable's
FCC-1240, 1205, 1235 Rate
Filings, Extending the Review
Period Deadline to
January 31,2000.
WHEREAS, on October 4, 1999, Time Warner Cable submitted an FCC-1240 Updating
Maximum Permitted Rates filing, FCC-l20S Determining Regulated Equipment and Installation
costs, and FCC-123 S cost of Service Filing for Cable Network Upgrades for Regulated Cable
Service with the Town, Time Warner Cable's filing includes actual and estimated costs it may
incur during the period of January 1, 2000 through December 31, 2000, along with previous
costs from the "true up" period ofJanuary 1, 1999 through December 31, 1999;
WHEREAS, the Federal Communications Commission has promulgated rate filing
procedures that allow cable operators to estimate future external costs, and costs associated with
system upgrades, and recover those projected costs utilizing the FCC-1240 filing process,
performed annually;
WHEREAS, Time Warner Cable's FCC-1240 rate filing has been modified by the cable
operator to incorporate financial consideratiOns negotiated by Time Warner Cable and the FCC in
the Time Warner Social Contract;
WHEREAS, the Town is certIfied with the FCC to regulate basic cable service rates and
services within Town; and the FCC has assigned the Town with the responsibility of verifYing that
all elements of the SOCIal Contract are fulfilled by the cable operator as they pertain to the Town,
and,
WHEREAS, the FCC allows cable franchise authorities the ability to toll the time in
which to review rate filings submitted by cable operators, extending the period of review from the
initial 30 days, to an additional 90 days (120 days total) past the original date of receipt by the
franchise authority
IT IS THEREFORE ORDERED:
THA T, the time period in which the County has to review Time Warner Cable's FCC-
1240 rate filing is tolled 90 days past the original 30 days (120 days total) allowed by the FCC,
extending the total revIew period deadline; and,
THAT, Time Warner Cable is directed to maintain a complete and accurate accounting of
all costs and revenues associated with the aforementIoned FCC-1240 filing.
THA T, should Time Warner Cable implement its desired rate adjustment prior to the
expiration of the County's 120-day review period, or prior to a finding of fact by the County in
this matter, Time Warner Cable will bear all responsibility for any over collection of revenues
from subscribers brought about through the implementation of a BasIc Service Tier rate not
approved by the County
ISSUED BY ORDER OF THE COUNTY OF NEW HANOVER
This the 1'4 day of
$~
, 1999
ATTEST
BY
~.'1(7 ~
C erk to the Board
t)Jlvc.--- Q O~~
Chairman
'---..
Deliver via Certified U.S Mail to
With a file copy to
Time Warner Cable
Robert F Sepe, Action Audits
Resolution
INTRODUCED BY Andy Atkinson, Deputy County Manager
DATE. October 4,1999
RESOLUTION AUTHORIZING THE APPLICATION FOR A GRANT THROUGH
THE NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES FOR
THE NEW HANOVER COMMISSION FOR WOMEN OF UP TO $7,500.00
LEGISLATIVE PURPOSEIINTENT
The County of New Hanover is eligible to apply for a grant award to the
North Carolina Department of Cultural Resources for projects having cultural,
historical or artistic significance.
The New Hanover Commission for Women requested New Hanover
County make application to the North Carolina Cultural Resource Department
for a grant of up to $7,500.00 on behalf of the Commission for their women's
history storyboard project entitled Women's Work: a Century's Worth, 1900-
2000.
BE IT RESOLVED'
That New Hanover County is hereby authorized to file a pre-application
and application for a grant of up to $7,500.00 to the North Carolina Department
of Cultural Resources, such funds to be used by the New Hanover Commission
for Women for the women's history storyboard project entitled Women's Work: a
Century's Worth, 1900-2000.
That the County Manager is hereby authorized do all things necessary to
carry out this Resolution and the requirements of the grant, including execution
of any contractual agreements with third parties.
1-.)~c. ~
William A. Caster, Chairman
Adopted at a f1.. ..L"75~
meeting on &..rf-~ '-I- ,1999
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969
AND SUBDIVISION REGULATIONS OF
NEW HANOVER COUNTY ADOPYTED OCTOBER 18, 1965
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance and Subdivision Regulations of the County of
New Hanover adopted October 6, 1969 and October 18, 1965 and October 18, 1965
respectively, as arnendedbe and the same is hereby further amended as follows.
Zoning Ordinance
Revise Section 51.5-2 Performance Residential by adding subsection 14 to read.
The approximate delmeation of Corps of Engineers Section 404 and Section
10 Wetlands.
2. Revise 69.2 Site plan by adding subsection 25 to read.
The approximate delineation of Corps of Engineers Section 404 and Section 10
Wetlands.
3 Revise 69 4 High Density by adding subsection 14 to read.
The approximate delineation of Corps of Engineers Section 404 and Section 10
Wetlands.
Subdivision Regulation
1 Revise Section 32-2, Contents ofthe Preliminary Plan, by adding subsection 21 to read:
The approximate delineation of Corps of Engineers Section 404 and Section 10
Wetlands.
2. Revise Section 33-1, contents of the Final Plate, by adding subsection (14) to read.
Surveyed delineation of Corps of Engineers Federally regulated Wetlands.
Section 2 Any ordinance or part of any ordinance in conflict with this ordinance, to the
extent qf such conflict is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety, morals, and
general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall
be in full foree and effeet from and after its adoption.
I
Adopted this 4th day of October 1999
/D~~e~~ Q.G,,--~
William A. Castcr, Chairman
Attest:
c
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 I That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
Revised Table of Permitted Uses: 0&1
Indoor/Outdoor S
Recreational Establishment
Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of
such conflict is hereby repealed.
Section 3 This ordinance is adopted in the interest of public health, safety, morals, and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption.
Adopted this 4th day of October, 1999
I
1J ,JQ t ~ . () rt::d:i-..
William A. Caster, Chairman
Attest:
J~P~/-:O~
Clerk to the Board