1997-05-05 RM Exhibits
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 2.30 p.m, on the 15th day of April, 1997 at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for a filing
system for the Social Services Department, Bid # 97-0366
BROROY Corporation d/b/a The Office Showcase $29,988 00
AND WHEREAS, the Social Services Director, the Finance Director and the County
Manager recommend that the contract be awarded to BROROY Corporation d/b/a The Office
Showcase of Wilmington, North Carolina, the only responsible bidder, in the amount of twenty-nine
thousand nine hundred eighty-eight dollars and no cents ($29,988 00);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
110-530-5310-6400 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for a filing system for the Social Services Department,
Bid # 97-0366 be awarded to BROROY Corporation d/b/a The Office Showcase in the amount of
twenty-nine thousand nine hundred eighty-eight dollars and no cents ($29,988 00); 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 May, 1997
(SEAL)
/f4
Chairman, Board of County Commissioners
ATTEST
~.~, '</ ~
C erk to the Board
9\&w J-falWver County 130ard of COTnmzsswners
Procfamatwn
WHEREAS, this year marks the eleventh anniversary of the New
Hanover County Emergency Medical Services program, and
WHEREAS, this program has produced significant progress to
include a well defined prehospital care system, enhanced Advanced
Life Support care levels, improved training, and a designated
trauma care center, and
WHEREAS, these changes which have affected all areas of the
county, would not have been possible without a dedicated team
effort by the organizations agencies, and professionals involved
in emergency medical services, and
WHEREAS, it is in
aside a special time
welfare of the citizens
keeping with their dedication that
to recognize their contributions
of New Hanover County
we
to
set
the
NOW, THEREFORE, the New Hanover County Board of Commissioners
proclaims the week of May 18 through 24, 1997, as
EMERGENCY MEDICAL SERVICES WEEK
in New Hanover County, and dedicates this observance to those
individuals whose tireless and selfless efforts provide critical
life-saving medical care to our citizens
Adopted this 5th day of May, 1997
/j(Jdl~~
Robert G Greer, Chairman
INTRODUCED BY Allen O'Neal, County Manager
DATE.
May 5 1997
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY
LOCATED AT 1112 DAWSON STREET
LEGISLATIVE INTENT/PURPOSE.
This resolution relates to the sale of surplus property jointly owned by the City ofWilrnington and New
Hanover County more particularly identified as follows:
Parcel Number
R0054-10-029-023 000
Address
1112 Dawson Street
Amount of Offer
$3,500 00
Tax Value
$2,974 00
Offerer
New Covenant Holiness Church
1102 Dawson Street
Property Dimensions
33 x 90'
Market Value
$3,500 00
This property has been offered to Wilmington Housing Finance and Development, Inc. and Cape Fear Habitat
for Humanity Neither organization could use the property in their program.
The offer(s) has been advertised for upset bid in accordance with N.C.G.S. 160A-269 and there have been no
qualifying upset bids for the identified pareel(s).
The pareel(s) has been declared surplus by the County Commissioners and not needed for public purposes.
RESOLVED
That pursuant to N CG.S. 160A-269 the County Commissioners docs hereby accept the offer(s) to purchase
identified herein from the offerer(s) as indicated.
2. That New Hanover County reserves the right to reject any and all offers.
3 That Ncw Hanover County will retain any deposit posted by the offerer(s) when:
a. The offer is withdrawn after posting the deposit.
b The offercr(s) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of
a notice by certified mail of availability of the deed of convevance.
4 That any amount shown due on any attached list for liens be waived in total.
5 That the Chairman of the County Commissioners be and is herebv authorized to execute a deed without
warranties to the offerer(s) as designated herein.
Adopted at a ~
meetmg on .1
ATTEST
New Hanover County Board of Commissioners
1lH1J~
Chairman
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County has possession of a number of items of personal property
which are surplus to its needs and desires to dispose of same; and
WHEREAS, the items to be disposed are listed and submitted as an attachment to this
resolution;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover
County that the Finance Director's designated representative, pursuant to the provisions of
G.S 160A-270 is hereby authorized to dispose of all of the personal property as listed for cash or
check at an auction, and that said representative be further authorized and directed to execute
necessary documents, transfer title, add items to or delete items from the auction list, and perform
all necessary functions associated with this auction, to be held Saturday May 17 1997 at 9.00 a.m.
at the Property Management Maintenance Facility Division Drive, Wilmington, North Carolina.
Adopted this 5th day of May ] 997
W!J~.-
Chairman Board of County Commissioners
ATTEST
~~JY/~
C erk to the Board
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description
BARBADOS BOULEVARD IN ISLAND PARK
INDUSTRIAL COMPLEX
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
raad(s), the location of which has been indicated in red on the attached map be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
5th day of May , 1997
yyf;{:NESS
my hand and official seal this the
, 1997
t4
day of
ie F Harrell, Cler
Ne Hanover County of
Commissioners
Form SR-2
Please Note
resolute wp
Forward direct to the District Engineer, Division of Highways
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Extracts from Minutes of
Meeting of Mav 5. 1997
Present: Chairman
Robert G. Greer
presiding, and
Commissioners Buzz Birzenieks: Ted Davis. Jr..
Charles R Howell, Vice-Chairman William Caster
Absent: None
* * * * * * * * * *
Commissioner Caster
introduced the following resolution, the title of
which was read.
APPROVAL OF THE REFINANCING OF AN INDUSTRIAL PROJECT FOR
CORNING INCORPORATED BY THE ISSUANCE OF TAX-EXEMPT
ADJUSTABLE MODE POLLUTION CONTROL REVENUE REFUNDING
BONDS IN A PRINCIPAL AMOUNT OF $9 000,000
WHEREAS, on December 21 1984 The New Hanover County Industrial Facilities and
Pollution Control Financing Authority (the Authority) issued its $9,000,000 original principal
amount Pollution Control Revenue Bonds (Coming Glass Works Project) Series 1984 (the Prior
Bonds) under the North Carolina Industrial and Pollution Control Facilities Financing Act (the
Act) to fmance the acquisition and installation of air and water pollution control equipment in
New Hanover County (the Project) for Coming Glass Works, which is now known as Coming
Incorporated, a New York corporation (the Company), and
WHEREAS the Company has requested the Authority to issue its $9000000 Tax-
Exempt Adjustable Mode Pollution Control Revenue Refunding Bonds (Corning Incorporated
Project) Series 1997 (the Bonds) for the purpose of providing amounts necessary to refund and
redeem the Prior Bonds; and
WHEREAS, as part of the refunding and in order to achieve additional cost savings for
the Company the maturity of the Bonds will be extended beyond the maturity of the Prior
Bonds,
WHEREAS, the Authority intends to issue the Bonds in the principal amount of
$9,000,000 following approval of the issuance by the North Carolina Local Government
Commission; and
WHEREAS, under Section 159C-4 of the Act the issuance of bonds under the Act must
be approved by the governing body of the county in which the project to be fInanced under the
Act is located, and
WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners
approve the plan of fInancing for the Bonds, and
WHEREAS, The Board of Commissioners has today held a public hearing with respect
to the issuance of the Bonds, as evidenced by the CertifIcate and Summary of Public Hearing
attached hereto as Exhibit A, and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
FOR THE COUNTY OF NEW HANOVER.
I The refInancing of the Project, and the refunding and redemption of the Prior
Bonds by the issuance of bonds in the amount of $9,000,000, are hereby approved.
2. The issuance of the Authority's Tax-Exempt Adjustable Mode Pollution Control
Revenue Refunding Bonds (Corning Incorporated Project) Series 1997 in the principal amount
of $9,000000 is hereby approved for purposes of Section 159C-4 of the Act.
3 The Board of Commissioners hereby approves the plan of fInancing as required
by Section 147(f) of the Code.
2
3 Messrs. Hunton & Williams, Raleigh, North Carolina, shall act as Bond Counsel
in connection with the issuance of the Bonds.
Commissioner Caster
resolution and Commissioner Birzenieks
resolution was passed by the following vote:
Ayes: Commissioners Buzz Birzf'nieks. Tf'd Davi s, .Tr
moved the passage of the foregoing
seconded the motion, and the
Charlf's
R. Howell. Vice-Chairman Caster. and Chairman Robert G Greer
Nays: NonE'
Not voting: None
**********
I, Lucie F Harrell, Clerk to the Board of Commissioners for the County of New
Hanover, North Carolina DO HEREBY CERTIFY that the foregoing is a true and complete
copy of so much of the proceedings of the Board of Commissioners for said County at a regular
meeting duly called and held May 5, 1997, as it relates in any way to the resolution hereinabove
set forth, and that said proceedings are recorded in Minute Book -..2.L of the minutes of said
Board. Pursuant to NCGS ~ 143-318.12, a current copy of a schedule of regular meetings of
this Board is on file in my office.
WITNESS my hand and the common seal of said County, this 5th day of May 1997
3
Exhibit A
Certificate and Summary
The undersigned Clerk of the Board of Commissioners of New Hanover County North
Carolina, hereby certifies.
1 Notice of a public hearing (the Hearing) to be held on May 5 1997, with respect
to the issuance of bonds by The New Hanover County Industrial Facilities and Pollution Control
Financing Authority (the Authority) for the benefit of Corning Incorporated (the Company) was
published on April [17] 1997 in The Wilmington Star-News.
2. The presiding officer of the Hearing was G Stf'phen Diab, Esquire
3 The following is a list of the names and addresses of all persons who spoke at the
Hearing:
No public comments were received
4 The following is a summary of the oral comments made at the Hearing:
Chainnan Greer opened the Public Hearing. The presiding officer G. Stephen Diab, Esquire, presented the bond resolution for
issuance of tax-exempt bonds by the Industriai Facilities and Pollution Control Financing Authority for the benefit of Corning
Incorporated. Chairman Greer asked if anyone from the public would like to comment No remarks were received. Chairman
Greer closed the Public Hearing. Upon motion by Vice-Chairnnan Caster, seconded by Commissioner Birzenieks, the New
Hanover County Board of Commissioners unanimously adopted the bond resolution as presented.
IN WITNESS WHEREOF my hand and the seal of New Hanover County this ~.4,
day Of~ 1997
Cler Board of Commissioners of New
Hanover County North Carolina
4
CERTIFICATE OF CLERK
The undersigned Clerk of the New Hanover County Board of Commissioners hereby
certifies as follows:
1 Attached hereto as Exhibits A, B and C respectively, are true and correct copies
of
A. Resolution of the Board adopted on February 7, 1977 (the 1977
Resolution) creating The New Hanover County Industrial Facilities and Pollution
Control Financing Authority (the Authority)
B. Resolution of the Board adopted on May 7 1997 (the Authorizing
Resolution), approving the issuance of the Authority's $9,000000 Tax-Exempt
Adjustable Mode Pollution Control Revenue Refunding Bonds (Coming Incorporated
Project), Series 1997 (the Bonds), together with a certificate and summary of a public
hearing held on such date and an affidavit of publication for the public hearing.
2. The 1977 Resolution and the Authorizing Resolution were each duly adopted by
the Board at a regular meeting duly called and held on February 7 1977 and May 7, 1997
respectively, at which meetings a quorum was present and acting throughout. Neither the 1977
Resolution nor the Authorizing Resolution has been repealed, revoked, rescinded or amended
in any respect, and each remains in full force and effect as of the date hereof
3 The following named persons have been duly appointed by the Board as
Commissioners of the Authority for terms expiring on the dates indicated below and each such
person has taken and subscribed the oath as required by Section 159C-4(a) of the General
Statutes of North Carolina, as amended, no other persons have served as members of the
Authority since May 1 1997 and such appointments are in full force and effect on the date hereof:
,
Name
Exoiration of Term
Buzz Birzenieks
William A. Caster
Ted Davis, Ir
Robert G. Greer
Charles R. Howell
12/2000
12/1998
12/2000
12/1998
12/2000
IN WITNESS WHEREOF I hereunto set my hand and the seal of the New Hanover
County Board of Commissioners thiibf'A day of May, 1997
Board of
2
NOTICE OF PUBLIC HEARING ON PROPOSED
ISSUANCE BY
THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND
POLLUTION CONTROL FINANCING AUTHORITY
TAX-EXEMPT ADJUSTABLE MODE POLLUTION CONTROL REVENUE
REFUNDING BONDSjCORNING INCORPORATED PROJECT) SERIES 1997
Notice is hereby given that the Board of Commissioners of New Hanover County will
hold a public hearing on May 5, 1997 at 6:30 p.m., in the Assembly Room of the New
Hanover County Courthouse, 24 N Third Street, Wilmington, North Carolina, concerning the
proposed issuance by The New Hanover County Industrial Facilities and Pollution Control
Financing Authority (the Authority) of its Tax-Exempt Adjustable Mode Pollution Control
Revenue Refunding Bonds (Corning Incorporated Project) Series 1997 the proceeds of which
will be used to refund the outstanding principal amount of the Authority's $9,000,000 Pollution
Control Revenue Bonds (Corning Glass Works Project), Series 1984, which were issued on
December 21, 1984 (the Prior Bonds) The proceeds of the Prior Bonds were used by Corning
Incorporated, formerly known as Corning Glass Works, a New York corporation (the Company)
pursuant to a Loan Agreement dated as of December 1, 1984 (the Loan Agreement) to finance
the acquisition and installation of air and water pollution control equipment in New Hanover
County, North Carolina (the Project).
The Project consisted of the acquisition and installation of air and water pollution control
equipment, including a bag house, scrubbers, ducts and other functionally related and
subordinate equipment as part of an expansion of the Company's optical communications fibers
plant located at 310 North College Road, Wilmington, North Carolina. The Project will
continue to be operated by Corning Incorporated. The hearing will be held before the Board of
Commissioners, and may be. continued or adjourned. Any resident having views on the
proposed refunding bonds or the nature or location of the Project may be heard at such public
hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
BY' Lucie F Harrell, Clerk to the New Hanover County Board
of Commissioners
HUNTON & WILLIAMS
ATL"NT..., GEORGIA
BRUSSELS, BELGIUM
CH"FlLOTTE, NORTH CAROLINA
HONG KONG
KNOXVILLE. TENNE:S5EE
MCLEAN, VIRGINIA
P O. Box loe
NEW YORK, NEW YORK
NORFOLK. VIRGINIA
RICHMOND. VIRGINIA
WARSAW. POLAND
WASHINGTON, D.C.
RALEIGH. NORTH CAROLINA 27602
TELEPHONE 19191 899.3000
FACSIMILE (919) 833-6352
(919) 899-3096
Mary Nash K. Rusher
File No.: 47973.4/04548
Direct Dial: (919) 899-3066
April 15 1997
G Stephen Diab, Esquire
Murchison, Taylor, Kendrick &
Gibson, L.L.P
16 North Fifth Avenue
Wilmington, North Carolina 28401
$9,000,000
The New Hanover Industrial Facilities and
Pollution Control Financing Authority
Tax-Exempt Adjustable Mode Pollution Control
Revenue Refunding Bonds (Corning Incorporated Project),
Series 1997
Dear Steve.
I am enclosing herewith the proposed Resolution approving in principle the issuance and
sale of the referenced Bonds. Please place this on the agenda for the May 5 1997, meeting.
I would appreciate it if you could have it completed and attested to at the meeting of the Board
of Commissioners on May 5 1997 Please feel free to contact me if you have any questions
or comments.
Very truly yours,
lpt\.()V.l.{ NI4L-
Mary Nash K. Rusher
Enclosure
cc: Ms. Lucie F Harrell
Af,~ 1 8 1991
HUNTON & WILLIAMS
ATI.ANTA, GEORGIA
BRUSSELS, BELGIUM
CHARLOTTE. NORTH CAROLINA
HONG KONG
KNOXVilLE. TENNESSEE
MCLEAN, VIRGINIA
P O. Box 109
NEW YORK. NEW YORK
NORFOLK, VIRGINIA
RICHMOND. VIRGINIA
WARSJl"W. POLAND
WASHINGTON, D.C.
RALEIGH. NORTH CAROLINA 27602
TELEPHONE (9t9l.B'S,l9-3000
FACSIMILE (9191 833-6352
(919) 899-3096
Shiry I R. Gantt Ballard
File No.: 47973.4
Direct Dial: (919) 899-3024
April 15 1997
VIA FACSIMILE. (910) 343-2227
THE WILMINGTON STAR-NEWS
Legal Advertising Department
Attn. Diane
1003 South 17th Street
Post Office Box 840
Wilmington, North Carolina 28402
Re: Publication of Notice of Public Hearing
Dear Diane:
Enclosed please fmd "NOTICE OF PUBLIC HEARING ON PROPOSED ISSUANCE
BY THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION
CONTROL FINANCING AUTHORITY TAX-EXEMPT ADJUSTABLE MODE
POLLUTION CONTROL REVENUE REFUNDING BONDS (CORNING
INCORPORATED PROJECT), SERIES 1997 " We would like to have this Notice published
in the Legal Notices section of The Wilmington Star-News no later than April 21 1997
Please call me if you have any questions. After publication, please send your invoice
and affidavit of publication to me at the above address.
Sincerely,
~, clkcV;OdduI
Shiryl 1 Gan'~~lard( -
Enelosure
cc: G Stephen Diab Esquire (w/enel)
Mr Michael J Burns (w/encl)
Ms. Lucie F Harrell (w/encl)
RESOLUTION
BY
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
TO SUPPORT LEGISLATION TO REGULATE AND
MONITOR THE SWINE PRODUCTION INDUSTRY
IN NORTH CAROLINA
WHEREAS, The 1997 Session of the General Assembly is considering legislation that would
address the siting, regulating and monitoring of swine production to protect public health and the
environments, and
WIIEREAS, New Hanover County is an urban county and depends on the cape fear river for much
of its drinking water, commercial fishing, recreation and tourism and pollution of the river creeks and
marsh causes grave concern for the health and welfare of all citizens of the county,
NOW, THEREFORE, BE IT RESOLVED that New Hanover County Board of
Commissioners requests the North Carolina General Assembly to adopt legislation during the 1997
Session which provides for regulatory monitoring and enforcement actions for the production of
SWIne.
Adopted this the fifth day of May 1997
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Robert G. Greer, Chairman
ATTEST
~~/~
Lu F Harrell, Clerk to the Board
,
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE SUBDIVISION AND ZONING ORDINANCES OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 10, 1965 and October 6, 1969 Respectively
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 That the Subdivision and Zoning Ordinances of the County of
New Hanover adopted October 10, 1965 and October 6, 1969,respectively
as amended be and the same are hereby further amended as follows
Subdivision Ordinance
Revise Section 52-5 Surface Water Drainaae
by adding the following wording
The following standards shall apply
1) The maximum rate of discharge for any storm up to a 2 or 10
year storm after development shall not exceed the maximum
rate of discharge for respectively 2 and 10 year storms for
the site before development
2) All residential development must detain stormwater runoff
from impervious surfaces for a draw-down period of two to
five days at the following rates
-0 to 1 9 units per acre No detention required
-R-15 non-performance residential No detention required
-R-15 performance residential 1" detention required
-Greater than 2 5 units/acre 1 5"detention required
3) Wetlands, natural depressions and areas of good draining
soils shall be used in the development of drainage plans if
they exist
4) Discharge of runoff from impervious surfaces directly into
natural water bodies shall not be allowed. Runoff shall be
routed along vegetated swales, through filter media of
vegetation, gravel, sand, or other media, or to detention
ponds for the purpose of increasing percolation and settling
and filtering out non-point pollutants (12/1/84) Note This
is the existing language from the Zoning Ordinance
Zoning Ordinance
Replace Section 51 5-2, 4 A and B Performance Residential with the
following language
4
A drainage plan pursuant to Section 52-5 of the Subdivision
Ordinance
~
J
Replace 53 5-2 (7) (E) Planned Developments with the following language
(E) A drainage plan pursuant to Section 52-5 of the Subdivision
Ordinance
Replace 59 8-6 Stormwater Management with the following language
59 8-6 A drainage plan pursuant to Section 52 3 of the
Subdivision Ordinance All structures shall be set back at least 100
feet from the mean high water line
Replace 69 4(7) Hiah Densitv Development with the following
language
(7) A drainage plan pursuant to Section 52-5 of the Subdivision
Ordinance
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 May, 1997
/f(~~
Robert G Greer, Chairman
~t~~
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTINGIDENYING A SPECIAL USE PERMIT
IN A.CONDITIONAL USE ZONING DISTRICT
Commercial Storage
The County Commissioners for New Hanover County having held a public hearing
on May 5 1997, to consider application No Z-600 submitted by Jerry Robbins, a request for a
Special Use Permit in a Conditional Use Zoning District to use the property located on N Kerr
Avenue, 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 71-1 (3) and 72 of the County Zoning Ordinance WilL 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
satisfy the first general requirement listed in the Ordinance; namely that the use will not materially
endanger the public health or safety if located where proposed and developed according to the
plan as submitted and approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT
A. The site has direct access to N. Kerr Avenue.
B The planned uses require little if any water and sewer services.
C The site is located in the Wrightsboro VFD District
D The site is located in the flood plam, but development will be confined to non-
residential use.
3 It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the second general requirement listed in the Ordinance; namely that the use meets all
required conditions and specifications. In support of this conclusion, the CommIssioners make the
following FINDINGS OF FACT
A. A site plan pursuant to the Zoning Ordinance has been submitted.
B Setbacks and buffering standards can be met.
4 It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property, or that the use is a public
necessity In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT
A. The site is contiguous with several lots in Section 6 of Churchill Estates and
several mobile home umts. However, much of the property is adjacent to vacant
tracts.
5 It is the CQl,[nty Commissioners' CONCLUSION that the proposed use DOES
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
harmony 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. Due to the flood plain and attendant wetlands, much of the immediate area is
undeveloped.
B As noted, the existing site is occupied by a mobile home park and there are some
single family dwellings to the north in Churchill Estates.
C. The nearest non-residentially zoned developed property is located nearly 1000 feet
to the north on the east side ofN Kerr
6 Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,
IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED, subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
the Ordinance for the proposed use, as well as any additional conditions hereinafter
stated.
B If any of the conditions imposed by this special use permit shall be held invalid
beyond the authority of this Board of Commissioners by a court of competent
jurisdiction, then this permit shall become void and of no effect.
C. Other-
I All other applicable federal, state and local laws.
2. Require security fencing around the entire project and vegetative screening
from N Kerr
3 Require directIOnal lighting so it doesn t shine onto adjacent properties.
4 Limit site identification sign to one ground not to exceed 50 square feet In
area and six feet in height.
5 Construct deceleration lane ifNCDOT requires it.
6. Require that on-site activities be limited to commercial and personal
storage only and that no hazardous, flammable or related materials be
stored.
7 Require removal of or fill with sand existing septic tanks that will no longer
be in service.
Ordered this 5th day of May, 1997
Affirmation this _ day of
llidM-
Robert G. Greer, Chairman
,1997
Applicant
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA AIRPORT
OF NEW HANOVER COUNTY NORTH CAROLINA
ADOPTED October 4,1976
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY Dorn
ORDAIN
Section 1 The Zoning Map of Zoning Area Airport is hereby amended by removing the
hereinafter described tract from the R-15 Residential Zoning District Classification and placing it
in the Conditional Use Airport Industrial for commercial storage from R-15 Residential Zoning
District Classification, said land being described as follows:
Beginning at a point, said point being in the eastern right-of-way line of N. Kerr Avenue
and the northwest comer of the Thelma Robbins property and 340 feet south of the
centerline of Grathwol Drive, running thence South 85 degrees 35 minutes 38 seconds
East 1015.12 feet to an existing iron pipe, thence South 74 degrees 43 minutes 12
seconds East 362.07 feet; thence South 47 degrees 82 minutes 54 seconds West 524.54
feet to a point, thence North 62 degrees 13 minutes 12 seconds West 517 feet to a point;
thence North 88 degrees 13 feet 12 minutes West 496.74 feet to a point in the eastern
right-of-way line of N. Kerr Avenue, thence North along the eastern right-of-line 246.26
feet to the point of beginning.
Section 2. The County Clerk is hereby authorized and directed under the supervision of
the County Commissioners to change the Zoning Map of Zoning Area Airport on file in the office
of the County Commissioners, so as to make it comply with this ordinance.
Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to
the extent of such conflict, ]S hereby repealed.
Section 4 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 the 5th day of May 1997
4H~
Robert G Greer, Chairman
Attest:
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k to the Board
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE SUBDIVISION ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 18, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 That the Subdivision Ordinance of the County of New Hanover adopted October 18,
1969 as amended be and the same is hereby further amended as follows:
Revise 32(2) to read.
33 (2) The subdivider shall submit a final plat for all or part of the approved preliminary
plan within 24 months of the preliminary approval date. if afinal plat or section thereof is
not submitted within this 24-month time limit, or if there is a lapse of more than 24 months
in the submittal of any subsequent section, the plat must be resubmitted as a preliminary
plan in accordance with this Ordinance. Otherwise, the preliminary plan approval shall
become void unless an extension of time is applied for prior to the expiration of 24 months.
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 10 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 May, 1997
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Attest:
Robert G. Greer, Chairman
RESOLUTION
OFTRE
WATER AND SEWER DISTRICT
BOARD OF COMMISSIONERS
OF
-- NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 1100 a.m., on the 21st day of April, 1997 at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for nine (9)
generators, Bid # 97-0365
Geneva Corporation d/b/a Covington Diesel, Inc.
Gregory Poole Power Systems
$198,089.00
$208,750 00
AND WHEREAS, the County Engineer, the Finance Director and the County Manager
recommend that the contract be awarded to Geneva Corporation d/b/a Covington Diesel, Inc., a
North Carolina corporation, the lowest responsible bidder, in the amount of One Hundred
Ninety-eight Thousand Eighty-nine Dollars ($198,08900);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
800-470-4197 -6400 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the New Hanover County Water and Sewer
District Board of Commissioners that the contract for nine (9) generators, Bid # 97-0365 be awarded
to Geneva Corporation d/b/a Covington Diesel, Inc. in the amount of One Hundred Ninety-eight
Thousand Eighty-nine Dollars ($198,08900); and that the District is hereby authorized and directed
to execute the contract, contract form to be approved by the County Attorney
This 5th day of May 1997
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Chairman, Board of New Hanover
County Water and Sewer District
ATTEST
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RESOLUTION
OF THE
WATER AND SEWER DISTRICT
BOARD OF COMMISSIONERS
OF
-- NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 1l.30 a.m., on the 21st day of April, 1997 at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for chemicals
for water system, BId # 97-013 7
Amerochem Corporation
$74445 94
AND WHEREAS, the County Engineer, the Finance Director and the County Manager
recommend that the contract be awarded to Amerochem Corporation, a North Carolina corporation,
the only responsible bidder, at the unit prices as quoted in proposal, estimated annual expenditure to
be seventy-four thousand four hundred forty-five dollars and ninety-four cents ($74,445.94);
AND WHEREAS, funds have been previously appropriated and are now in or will be in
subsequent year's budget Account No. 800-470-4197-4210 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the New Hanover County Water and Sewer
DIstrict Board of Commissioners that the contract for water chemicals, Bid # 97-0137 be awarded
to Amerochem Corporation, at the unit prices as quoted in the proposal, estimated annual expenditure
to be seventy-four thousand four hundred forty-five dollars and ninety-four cents ($74,475 94); and
that the District is hereby authorized and directed to execute the contract, contract form to be
approved by the County Attorney
This 5th day of May 1997
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Chairman, Board of New Hanover
County Water and Sewer District
ATTEST
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Exhibit C
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
BOARD OF DISTRICT COMMISSIONERS
WHEREAS,easements over the Richard H. Trask and Angela 1. King property described
in Deed Book 1730, Page 827, New Hanover County Registry are necessary for construction of
public water and sewer utilities; and
WHEREAS, it is necessary to utilize the District's power of eminent domain to acquire the
above-referenced easements in that negotiations to acquire said easements have been unsuccessful
in obtaining all property owners consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of District Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary easements
on, over, and across the Trask/King property, Ta'{ Parcel No. R02900-003-038-003, described in
Deed Book 1730, Page 827, New Hanover County Registry be acquired by condemnation. County
staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real
property interest.
This the 5th day of May, 1997
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New Hanover County Water and Sewer District
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William A. Caster, Chairman
ATTEST
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C to the Board