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HomeMy WebLinkAbout1997-05-05 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: c&1'~/~ 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 /flJ~ 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 "."UU'", A..~~'tf. ~II '" (SE~'o"~ COl/;.... !;~. 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"'.....11'.'. qJfte~Q ~ Chairman, Board of New Hanover County Water and Sewer District ATTEST ~~~~ 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 ","""11"" (S~O"II:" c;;:"'", .:-~ ...,>..~ ~"'af:' .::c "-:a:.~ :"' ~ . f a: .. , . ~ - : :iI , " III .. = e; !.\ ... (J': ':. ~ '-"t~.( ~~ ~., "~ A.;...~ ..., of+: ~~...... """ 0 8EWE'i\ ~~"...... "",,,.,,,,,,' w~Q~ Chairman, Board of New Hanover County Water and Sewer District ATTEST ~_ 1(/ ~ Cl k to the Board 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 ""."'"'''' ,~~" o'lER COb"" ,t' SJ "')0;''''' ~..... . ~ S"l . f.; = .: . . I : : I;t;E ".; ..: i~,.. '. ~~ ~ "-to ....,,.t:::.: A..tt:~ 10 ~ .... .....~~/. ~.... ',=" 4"'............. Q'...... "'1 0 SEW€''- ~".." I",.....,..'",' New Hanover County Water and Sewer District 1J~ {l ~ William A. Caster, Chairman ATTEST Q:,)~/d~ C to the Board