1998-01-05 RM Exhibits
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT BOARD
RESOLUTION ACCEPTING 50,000 GPD OF WASTEWATER
FROM PENDER COUNTYIDEL LABS
WHEREAS, the City of Wilmington has available wastewater treatment (WWT) capacity
at its Northside (Loughlin) Plant; and
WHEREAS, New Hanover County will have wastewater collection facilities constructed
within the next twenty-four (24) months and these will extend close to the border of Pender County
and New Hanover County; and
WHEREAS, industrial development in one county will provide private sector employment
opportunities for all adjacent local government jurisdictions; and
WHEREAS, a regional cooperative approach to solving problems may be more cost effective
than individual single-jurisdiction solutions; and
WHEREAS, Del Labs will eventually provide significant private sector employment
opportunities to residents of multiple jurisdictions, including New Hanover County, the City of
Wilmington, and Pender County; and
WHEREAS, Del Labs and Pender County agree to comply with City of Wilmington Sewer
Use Ordinance Standards and Pretreatment Regulations;
NOW, lliEREFORE, BE IT RESOLVED by the New Hanover County Water and Sewer
District Board of Commissioners that New Hanover County accepts and agrees to collect and
provide treatment for 50,000 gallons per day (GPD) of wastewater conveyed from Pender
CountylDel Labs subject to such wastewater meeting City of Wilmington Sewer Use Ordinance
Standards and subject further to such wastewater treatment being approved by the appropriate
environmental regulatory agencies of the State of North Carolina.
Adopted this Fifth day of January, 1998
Charles R. owe, Vice-Chairman
Water and Sewer District
ATTEST
\/
ie F Harrell, Clerk to the Board
.1 r-.-'
satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
DENIED
Ordered this 5th day of January, 1998.
1J}l~v""'C C~
William A. Caster, Chairman
Attest:
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C rk to the Board
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6,1969 AL'ID SUBDIVISION REGULA nONS OF
NEW HANOVER COUNTY ADOPTED 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
amended be and the same is hereby further amended as follows:
Zoning Ordinance
1 Reword 132 1 to read:
132-1 - Violation of this ordinance subjects the offinder to a civil penalty of one hundred
dollars ($1 DO.. 0.0.) for a jirst offiense, three hundred dollars ($30.0. 0.0.) for a second offense,
and jive hundred dollars (550.0. 0.0.) for a third and subsequent offinse to be recovered by the
County in a civil action in the nature of debt if the offender does not pay the penalty to the
County Finance Office within ten (10.) calendar days after the offender has been citedfor a
violation. Violation of this ordinance shall result only in civil penalties and/or civil action
set forth herein and shall not entail criminal sanctions.
2. Renumber 132-3 to 132 2, 132-4 to 132-3,1325 to 132-4
Subdivision Regulations
Reword 68(1) to read.
132-1 and 68(1) - Violation of this ordinance subjects the offender to a civil penaltv of one
hundred dollars (Slo.o. 0.0.) for ajirst offinse, three hundred dollars (30.0. 0.0.) for a second
offense, and jive hundred dollars (S50.0..0.0.) for a third and subsequent offense to be
recovered bv the county in a civil action in the nature of debt if the offender does not pay the
penalty to the County Finance Office within ten (10.) calendar days after the offender thas
been cited for a violation. Violation of this ordinance shall result only in civil penalties
and/or civil action set forth herein and shall not entail criminal sanctions.
2. Renumber 68(3) to 68(2); 68(4) to 68(3); 68(5) to 68(4).
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 5th day of 1998.
tJ.~C. G/VL
William A. Caster, Chairman
Attest:
ADDENDUM TO Z-454, 6/92
AN ORDER GRANTING A SPECIAL USE PERMIT FOR
HEALTH CARE, GERIATRIC CLINIC AND PHYSICIAN SERVICES AT
CORNELIA NIXON DAVIS HEALTH CARE CENTER
The Board of County Commissioners concludes that all the of the general and specific
conditions precedent to the issuance of a special use permit are met and therefore orders the
application to convert the resident manager's office into an adult daycare facility for up to fifteen
adults be granted.
Ordered this 5th day of January 1998.
1J;a~~ {} (~--fk
William A. Caster Chairman
Attest:
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lerk to the Board -
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
High Density Development, Ballantyne Townhomes
The County Commissioners for New Hanover Countv having held a public hearing on
January 5 1998, to consider application number S-420, 12/97, submitted by Ballantyne, LLC, a
request for a special use permit to use the property located on Aliens Lane and having heard all
the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT
and draw the following CONCLUSIONS
I The County Commissioners FIND AS A FACT that all of the specific
requirements set forth in Section 72 of the County Zoning Ordinance WILL NOT be satisfied if
the property is developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES
NOT satisfY the fourth general requirement listed in the Ordinance; namely that the location and
character of the use if developed according to the plan as submitted and approved will be in
harmonv with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT
A. The proposed use would not be in harmony with existing land uses along Aliens
Lane, which consists primarily of single-family dwellings.
3 Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been
satisfied, IT IS ORDERED that the application for the issuance ofa SPECIAL USE PERMIT BE
DENIED
Ordered this 5th day of January, 1998.
1J,1~C L~~
William A. Caster, Chairman
Attest:
~,\~~
C rk to the Board
.
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 11.00 a.m., on the 9th day of December 1997 at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a wheel
tractor scraper for the New Hanover County Landfill and the sale of a 1986 Caterpillar C27-B wheel
tractor scraper as a trade-in, Bid # 98-0187
Gregory Poole Equipment Co - Option # I Single Price Method
Gross Equipment Price
Less Trade-in Price
$499,50000
$ 85 000 00
$414,50000
Net Equipment Price
Gregory Poole Equipment Co - Option # 2 Total Cost Method
Gross Equipment Price $499,50000
Less trade-in Price $ 85 000 00
Net Equipment Price $414,50000
Plus Repair and Maintenance
Expense Guarantee $59 608 00
Less Buy Back Price:
(If County exercises the Buy
Back Option) $85 000 00
Total Cost $389, I 0800
AND WHEREAS, the Environmental Management Director the Finance Director and the
County Manager recommends that the 1986 Caterpillar C27-B wheel tractor scraper be disposed of
by means of trade-in on the purchase of a wheel tractor scraper trade-in amount of Eighty-five
Thousand ($85 00000) Dollars;
AND WHEREAS, the Environmental Management Director the Finance Director and the
County Manager recommend that the contract be awarded to Gregory Poole Equipment Company
.
the only bidder by the Option # 2 Total Cost Method in the amount of Three Hundred Eighty-nine
Thousand One Hundred Eight Dollars($389 10800);
AND WHEREAS, through approval of the attached budget amendment, funds have been
appropriated and are now in Account No 700-480-4191-6400 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for a wheel tractor scraper for the Landfill, Bid # 98-0187 be
awarded to Gregory Poole Equipment Company in the amount of Three Hundred Eighty-nine
Thousand One Hundred Eight Dollars($389 10800); the corresponding budget amendment is
approved; and that the County is hereby authorized and directed to execute the contract, contract
form to be approved by the County Attorney
This 5th day of January 1998
I)J~~Q C~
Chairman, Board of County Commissioners
ATTEST
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, aflcr due advertisement, bids were received and publicly opened by the Finance Department at
3 '00 p.m., on the 9th day of Deeemhcr 1997 at the County Administration Building, 320 Chestnut Street, Wilmington,
North Carolina, and the following hids were n,-ccivcd tor a custom fIre apparatus/chassis for the Fire Services Administration
Department, Castle Hayne Station, Bid # 98-0180.
Sutphen 4 Guys, Inc. Slagle s Fire
Corporation Equipment
Base Price for Unit $242,994.00 $244,331.00 $245,252.00
Less Discount offered if Counh' prepays for chassis
portion and with remainder of cost paid after
delivery, inspection, and acceptance. $ 4,628.00 $539100 0
Ad.iusted Base Price I $238,366.00 I $238,940.00 $245252.00
Options to Bid:
Additional cost to hI.:: added for Front Bumper Suction $ 5,300.00 $ 5,288.00 $ 5,540.00
Additional cost to be ndded for Rear Suction $ 4,000 00 $ 3,700 00 $3107.00
Additional cost to be added for Foam $ J 2,000.00 $ 10,815.00 $ 10 766.00
AND WHEREAS, the Fire Services Administration Director, the Finance Director and the County Manager
recommend that the contract be awarded to Sutphen Corporation, the lowest responsihlc bidder at the adjusted base price
(pre-paid chassis) in the amount of Two Hundred Thirty-eight Thousand Three Hundred Sixty-six Dollars ($238,366.00),
no additional options to be added;
AND WHEREAS, li.mds have heen previously appropriated and arc now in Account No. 130-436-4340-6450 to
cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of COWlty Commissioners of New Hanover COMty that
the contract tor a custom lire apparatus/chassis for the Fire Services Administration Department, Castle Hayne Station,
Bid # 98-0180 be awarded to Sutphen Corporation in the amount of Two Hundred Thil1y-eight Thousand Three Hundred
Sixty-six Dollars ($238,366.00); and that the County is hcrehy authorized and directed to execute the contract, contract form
to be approved by the County Attome\,
(SE
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ChaiITnan, Board of County Commissioners
ATTEST
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C erk to the Board
APPLICANT SEEKING PERMISSION TO APPLY AND ACCEPT SFY1997 -98 WORK
FIRST/EMPLOYMENT TRANSPORTATION OPERATING FUNDS
A motion was made by Board of County Commission member
and seconded by member Robert G Greer
following resolution, and upon being put to a vote was duly adopted.
Buzz Birzenieks
for the adoption of the
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North
Carolina have designated the North Carolina Department of Transportation as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the purpose of these transportation funds is to support transitional transportation needs of
Work First participants after eligibility for cash assistance has concluded and/or other employment
transportation needs; and
WHEREAS, the SFY1997 -98 funds are available for eligible program costs for the period specified by the
North Carolina Department of Transportation; and
WHEREAS, the NPT.7 H ~",..,u",.,. County Board of Commissioners has approved the
local entity(s) designated to receive the operating allocation for Work First and employment transportation;
and
WHEREAS, the New Hanover County Board of Commissioners hereby assures and
certifies that it will comply with state statutes, executive orders and all admiriistrative requirements which
relate to applications, made to and assistance received from the North Carolina Department of
Transportation for the Work First/Employment Transportation Operating Funds program.
NOW THEREFORE, be it resolved that the New Hanover County Board of
Commissioners hereby submits an application for SFY1997 -98 Work First/Employment Transportation
Operating Assistance Program funds for use by the designated local entity(s) and assures that it will
provide to the North Carolina Department of Transportation infomnation regarding the use of the funds at
such time and in such manner as the Department may require.
I (Certifying Official's Name) Lucie F. Harrf> 11
(Title) Clerk to the Board
do hereby certify that the above is a true and correct copy of an
excerpt of the minutes of a meeting of the New Hanover County Board of
Commissioners duly held on the 5th day of January ,1998.
~.,Vjy/~ -
S' nature of Certifying Official-
Subscribed and sworn to me on (date) 'n~ ~l,. I q'ti
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Notary Public
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Address
My commission expires (date) on 3/ ~:;).-I9 "if
U:fiscallwk1streso.doc (1/98)
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NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION IN SUPPORT OF THE REFORMATION OF THE
INTERNAL REVENUE SERVICE
WHEREAS, the United States of America was founded on the rights of its citizens and the
premise that all persons are innocent until proven guilty; and
WHEREAS, testimony by employees of the Internal Revenue Service at the Senate Finance
Committee Oversight Hearing revealed an agency that has lost its original vision and now believes
that misleading the public may be permissible as long as it accomplishes the goals and mission of
the agency, and to treat taxpayers with an arrogant and indifferent manner; and
WHEREAS, Americans have watched with disdain in recent weeks as hearings in the Senate
and House have uncovered dozens of documented instances of gross incompetence, harassment, and
abuse of authority by agents of the Internal Revenue Service; and
WHEREAS, the current Internal Revenue Service system appears to be grossly inefficient
and out-of-control and needs to be reformed as evidenced by over Four Billion Dollars
($4,000,000,00000) wasted on a computer system over the last 11 years that has now been
discarded;
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners endorses the reorganization and restructuring of the Internal Revenue Services and
encourages its Congressional delegation to vote to thoroughly and completely overhaul the Internal
Revenue Service management structure to assure that the US taxpayer receives high-quality,
courteous and professional service from the Internal Revenue Service, including the shifting of the
burden of proof in taxpayer hearings away from the taxpayer to the Internal Revenue Service.
BE IT FURTHER RESOL VED that copies of this resolution shall be transmitted to its
Congressional delegation, the North Carolina Association of County Commissioners, and the
National Association of Counties.
Adopted this Fifth day of January, 1998
I
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~ ATTEST
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William A. Caster, Chairman
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NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS
PROCLAMATION
WHEREAS, January 19th marks the 100th anniversary of the establishment by the Daughters of the
Confederacy of what was to become Cape Fear Museum; and
WHEREAS, the single room and one display case of the original museum have grown into Cape
Fear Museum, a major cultural and educational element of our community; and
WHEREAS, Cape Fear Museum, a department of county government, is a steward of the cultural
and scientific heritage of the Lower Cape F ear region; and
WHEREAS, Cape Fear Museum preserves and interprets the history, science and cultures of our
citizens; and
WHEREAS, Cape Fear Museum, the oldest history museum in the State of North Carolina, is
celebrating a centennial during 1998, and wishes to attract attention of the citizens of New Hanover
County as a major education center; and
WHEREAS, Cape Fear Museum contributes to the social and economic well-being of the County
and is an attraction in the promotion of heritage tourism; and
WHEREAS, during 1998 the Cape Fear Museum will celebrate its 100th anniversary of splendid
service to its constituency with special activities, events and ceremonies higWighting its history and
future;
NOW, TIlEREFORE, the New Hanover County Board of Commissioners hereby commends Cape
F ear Museum for its centennial, congratulates it for commemorating a century of service and
education, and proclaims 1998 as Cape Fear Museum's Centennial Year
Adopted the fifth day 00 anuary, 1998
1JL~{)~~
William A. Caster, Chairman
I
~ A ted by: Lucie F Harrell, Clerk to the Board
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that Section 132 of the New Hanover County Zoning Ordinance dealing with penalties is
hereby amended to read as follows:
Section 132. Enforcement of Ordinance.
This ordinance may be enforced by anyone or more of the remedies authorized by G.S
~153A 123 including but not limited to the following:
132 I Violation of this ordinance subjects the offender to a civil penalty of one hundred
dollars ($100 00) for a first offense, three hundred dollars ($300.00) for a second offense, and
five hundred dollars ($500.00) for a third or subsequent offense to be recovered by the County in
a civil action in the nature of debt if the offender does not pay the penalty to the County Finance
Office within ten (10) days after the offender has been cited for a violation. Violation of this
ordinance shall result only in civil penalties and/or civil action set forth herein and shall not
entail criminal sanctions.
132-2. This ordinance may be enforced by an appropriate equitable remedy issuing from
a court of competent jurisdiction.
1323 This ordinance may be enforced by injunction, order of abatement, or both, as
provided in G.S. ~153A-123(e).
132-4 Each days' continuing violation of the ordinance is a separate and distinct offense.
This the.5",L;L dav o~ 1998.
NEW HANOVER COUNTY
ATTEST
tJ dlU"---. Q C~
William A. Caster, Chairman
Board of Commissioners
~)\/~
erk to the Board -
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County North Carolina, does hereby
ordain that Chapter 6.5, Discrimination, of the New Hanover County Code, be and is amended
as follows:
Amend Article II, Establishment of Human Relations Commission, Section 6 5-4
Membership:
a) The Commission shall be composed of seventeen (17) members.
b) Thirteen (13) members shall be appointed by the Board of County Commissioners,
three (3) members shall be appointed by the Wilmington City Council, and one (1) member
shall be appointed by the Wrightsville Beach Town Council, consistent with county and
municipal policies governing appointments to county and municipal governmental commissions,
committees, and boards.
Amend Article III Bvlaws of the Human Relations Commission, Section 6.5-11
Membership
a) Terms:
1) The Commission shall be composed of seventeen (17) members. Thirteen
(13) shall be appointed by the Board of County Commissioners, three (3) members shall be
appointed by the Wilmington City Council, and one (1) member shall be appointed by the
Wrightsville Beach Town Council, consistent with county and municipal policies governing
appointments to county and municipal governmental commissions, committees, and boards.
Except as specifically amended above, Section 6.5-4 and Section 6 5-11 of Chapter 6.5
of the New Hanover County Code, shall remain unaltered and in full force and effect.
This the .:(' ~ day of January 1998.
NEW HANOVER COUNTY
/h)~'>YtQ ~
William A. Caster Chairman
Board of Commissioners
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 ADOPTED OCTOBER 18, 1965
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section I 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
amended be and the same is hereby further amended as follows:
Zoning Ordinance
1 Reword 132-1 and 2 to read:
132 1 Violation of this ordinance su~;ects the offender to a civil penaltv of one hundred
dollars (5100.00) for afirst offense, three hundred dollars (5300 00) for a second offense,
andfive hundred dollars (5500. 00) for a third and subsequent offinse to he recovered by the
County in a civil action in the nature of deht if the offender does not pay the penaltv to the
Countv Finance Office within fen (10) calendar davs after the offender has been citedfhr a
violatioll. Violation of this ordinance shall result onlv in civil penalties and/or civil action
set forth herein and shall not entail criminal sanctions.
2. Renumber 132 3 to 132-2, 132-4 to 132 3, 132 5 to 132-4
Subdivision Regulations
Reword 68( 1) and (2) to read.
68(1) Violation of this ordinance su~;ects the offender to a civil penalty (if one hundred
dollars (5100 OU) for afirst offense, three hundred dollars (300 00) for a second offense, and
five hundred dollars (55UO 00) for a third and subsequent offense to be recovered bv the
countv in a civil action in the nature of debt if the offender does not pav the penaltv to the
Countv Finance Office within ten (10) calendar days after the offender has been cited Jill'
a violatioll. Violation of this ordinance shall result only in civil penalties and/or civil action
set fhrth herein and shall not entail criminal sanctions.
2. Renumber 68(3) to 68(2); 68(4) to 68(3); 68(5) to 68(4).
Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the
extent of such conflict is hereby repealed,
Scction 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 5th day of January 1998.
~J AJ~ c C,,~
William A. Caster, Chairman
Attest:
~,.\ ;(~/Yf
erk to the Board