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HomeMy WebLinkAbout1997-06-02 RM Exhibits INTRODUCED BY Allen O'Neal, County Manager DATE. June 2, 1997 RESOLUTION AUTIlORlZING THE SALE OF REAL PROPERTY LOCATED AT 606 NORTIl8TI1 STREET LEGISLATIVE INTENT/PURPOSE. This resolution relates to the sale of surplus property jointly owned by the City of Wilmington and New Hanover County more particularly identified as follows: Parcel Number R0048-13-0l9-007000 Address 606 North 8th Street Amount of Offer $750.00 Tax Value $885 00 Offerer Rugina D Devane 309 South 16th Street Prooerty Dimensions 20' x 100' (approx.) Market Value $750 00 This propcrty is too small to be used by the Wilmington Housing Finance and Development, Inc. or Cape Fear Habitat for Humanity 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 parcel(s). The parcel(s) has been declared surplus by the County Commissioners and not needed for public purposes. RESOLVED' That pursuant to N c.G.S l60A-269, the County Commissioners does 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any and all offers. 3 That Ncw Hanover County will retain any deposit posted by the offerer(s) when: a. The offer is withdrawn after posting the deposit.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 offerer(s) fail to pay the balance of an approved offcr, due in cash, within ten (J 0) days of receipt of a notice by ccrtified mail of availability of the deed of conveyancc. 4 That any amount shown due on any attached list for liens be wai ved in total. 5 That the Chairman of the County Commissioners be and is hereby authorized to execute a deed without warranties to the offerer(s) as desi Adopted at~ular meetmg on ~ ~ ATTEST ~\/~ Clerk to the Board 19 /j~: ardof Chairman ~ c>t~ ~ BOOK PAGE 2 1 9 7 o 6 0 0 STA TE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing The Western Portion of Brook dale Drive ORDER It appearing to the Board of County Commissioners of New Hanover County that a Resolution ofIntent to close the western portion of Brook dale Drive located 3/4 mile south of the Holly Shelter Road/I-40 overpass, west side ofI-40 was adopted by the County Commissioners on the 21 st day of April, 1997 and it further appearing that said resolution called for a hearing to be held on the 2nd day of June, 1997, at which time the County Commissioners would hear complaints and comments of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanover County and after conducting such hearing the County Commissioners are of the opinion that a portion of Brook dale Drive in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public interest, and that no individual owning property in the vicinity of the roads will be deprived of reasonable means of ingress and egress to his property by such closing, the legal description of said road being as follows: 000036 Beginning at the southwestern corner of lot 13, Brookdale Acres Subdivision as recorded in Plat Book 7 page 52 of the New Hanover County Registry and commencingfrom said point 165 feet east to the southeastern comer of lot 13, Brookdale Acres Subdivision, which is also the western right-of-way boundary of Interstate 40 thence 60 feet southeast to the northeastern comer of lot 1 Brookdale Acres Subdivision and also the western right-of-way boundary of Interstate 40 thence from said point west 170 feet to the northwestern corner of lot 1 Brookdale Acres Subdivision, thence from said point 60 feet north to the southwestern comer of lot 13 Brookdale Acres or point of beginning.. NOW THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed. It is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 2nd day ofJune, 1997 ADMITTED TO RECORD /;;};/ /l d 18 DAY OF Cjwnp /qq1 Jit!!#j(SJ-UL~ AT 10 3 ~ A- Mobert G Greer Chairman MARY SUE DOTS REGISTER OF DEEDS !\iEIM HANOVER COUNTY RETURNED TO S 01.A..}..~":LOO \ N \-\~ Co ve.......(:\ BOOK 219 7> .' .' ~. '".' '"1 f'AGl USO'l !='P!>>~ :;:'C':ICDn -<>J>:> g:~~~ ~~;~ ~~~~ ~r=-<;::: oro ,. ,. n " "'" ~ ~ 3 ,. ,. m r r ~ o '" "'''' "Co '0," =0. gn ",- _0 .. ~ ca=:;" =.:lC ." ~ ._... -, 'N ~ " , .. " , , gg ~ I'! ~ J .t.'- ~~ - q-~ ~ Vi ~ , 'i'HlS MAP IS NeT A smwsy AND NO R ()~ FLAC':D I~ - (") 1-1 L o 0:. o .'~ .;;". c z z > !;; o ~ o -to.. . ',[tl, ":.2::'. o ,..,.' .~.~.~ :"!-' ':r;'" ...., : /~:;:' :0 , ...... CJI ..... ":<."j[' .- ;--.' ~ 7::.. <9-' ~~. ~~7~;i0' P-! ., ,i -! ';;'~'l'~i , N 'I' /' .-.y" o ~ N ;;; ~ ~ o C::J . N :;';', C"" RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were reccived and publicly opened by tbe Finance Department at 11'00 a.m., on the 24th dav of April, 1997 at the Countv Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were receivcd for in-home aide services for the Aging Department, Bid # 97-0334 Bidder: Level I Level II Level III dMS Progressive Services, Inc. $10.38 $10.54 $11 89 $1158 $1086 $12.33 $1158 $1086 $12.33 Assisted Care Well Care & Nursing Services, Inc. AND WHEREAS, the bids received from dMS Progressive Services, Inc. And Well Care & Nursing Services, Inc. did not pass the first section of the bid evaluation foml and were therefore considered nonresponsive; AND WHEREAS, this bid was originally scheduled for award at the Board of Commissioners Meeting on May 19 1997 but due to concerns from Well Care & Nursing Services, Inc. the item was tabled and staff was requested to review again; AND WHEREAS, the current contractor Well Care & Nursing Services, Inc. has agreed to extend the current contract at the current prices for three additional months; AND WHEREAS, after additional review the Director of Aging, the Finance Director and the County Manager recommend that all bids be rejected and staff rebid the contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover Count\ that all bids received for the contract for in-home aide services for the Department of Aging, Bid # 97-0334 be rejected, current contract with Well Care & Nursing Services, Inc. be extended for three months at the current prices, and staff is directed to rebid the contract. This 2nd day of June, 1997 ~L Chairman, Board of Countv Commissioners ~T j ,y/~ 'rk to the Board RESOLUTION OFTHE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3'00 p.m., on the 15th day of April, 1997 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a voice logging recorder with remote PC playback station for the Emergencv 9 I I Center of the Sheriff s Department, Bid # 97-0353 Tekton Incorporated Business Communications, Inc. $44196.00 $51 722.50 $52,567 00 $53,995 00 $55,122.00 Dictaphone Corporation Lanier Seltronics Eyertle, Inc. AND WHEREAS, each the base price quoted bv the remaining three bidders did not include the same options and accessories and therefore staff configured each unit the same utilizing the pricing supplied in the proposal and the results were as follows: Tekton Incorporated Business Communications, Inc. $4905170 $51 722.50 $54,966.70 $55,986.00 $5765700 Dictaphone COl'pol'ation Lanier Seltronics Evertle, Inc. AND WHEREAS, after further review from staff and input from each vendor clarifying their proposal, staff continues to recommend award of bid to Dictaphone Corporation and recommend that bids from T ekton Incorporated and Business Communications, Inc. be des1h'l1ated as nonresponsive because of not meeting technical specifications of bid; AND WHEREAS, fixed maintenance costs for the first five years (the first year being included in the cost of the equipment) were requested as part of the proposal and the five year cost are reflected as follows: Maintenance Total Five (Years 2 5) Year Cost T ekton Incorporated $49,051 70 $30,085 00 $79 136.70 Business Communications, Inc. $51 722.50 $1460000 $66,322.50 Dictaphone Corporation $54,966.70 $21,560 12 $76,526.82 Lanier $55,986.00 $36,245.50 $92,231.50 Seltronics Eyertle, Inc. $57,65700 $17,20000 $74,85700 AND WHEREAS, after considering the five year costs, Dictaphone Corporation is $1,669 82 more than Seltronics Eyertle, Inc. but Dictaphone has a Wilmington based authorized service company that can guarantee response within two to four hours for all calls; whereas the service center for Seltronics Eyertle, Inc. is based in Charlotte, North Carolina and can respond within four hours for emergency calls and within twenty-four hours for routine calls; AND WHEREAS, the Sheriff, the Finance Director and the County Manager recommend that the contract be awarded to Dictaphone Corporation, the lowest responsive bidder for the equipment and providing a service program best suited to the County's needs, purchase pnce in the amount of Fifty-four Thousand Nine Hundred Sixty-six Dollars and Seventy Cents ($54,966.70); AND WHEREAS, funds are to be appropriated in budget account number 110-431-4312-300-6400 and 110-431-4312 3000-4210 to cover this contract; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for a voice logging recorder with PC playback station for the Emergency 911 Office of the Sheriffs Department, Bid # 97-0353 be awarded to Dictaphone Corporation; in the amount of Fifty-four Thousand Nine Hundred Sixty-six Dollars and Seventy Cents ($54,966.70); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 2nd day of June, 1997 1?/J~_L Chairman, Board of County Commissioners ATTEST ~,VL~ ~o the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Community Boating Facility (Ten Slips) The County Commissioners for New Hanover County having held a public hearing on June 2, 1997 to consider application number S-407 submitted by Landfall Associates, a request for a special use permit to use the property located east of Horseshoe Island in Pembroke Jones Park and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS 1 The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 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 iflocated 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 facility does not require water and sewer service, though it is fairly common to provide water service to wash down boats and equipment. B The site is located in the Seagate Volunteer Fire Department District. C. Pedestrian access IS available from the adjacent subdivision. D The pier and docks are sited such that interference to navigation along the waterway is avoided. 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. Community boatmg facilities are permitted by special use permit in the R-20 Residential District. The site is zoned R-20. B The right to use the facility will be conferred by an access easement appurtenant to each lot of the residential development. (NOTE. Approval of a preliminary plan for a ten (10) subdivision adjacent to the facility is pending--three of the lots have already been recorded. C. Instead of providing a separate off-street parking lot, the applicant proposes that parking be provided at each individual residence. A total of ten parking spaces is required. D A CAMA permit will not be issued for construction ifit is determined that the project will have significant impacts on water quality shellfish grounds or conservation resources. The adjacent waters are classified SA. Adjacent shellfish grounds are closed. E. Commercial activities are prohibited. None is proposed. F The total number of slips planned equals the number of residential lots to be served. (10) 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 substan- tially 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 provision of private boat slips for residential lots typically complements land values instead of diminishing them. B Similar facilities are not located nearby, but are commonplace along the waterway 5 It is the County 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. The Land Use Plan prohibits general development in conservation resources areas such as salt marshes. However the Plan encourages water dependent uses, including piers, ramps, and boating access provided important natural resources are not severely impacted. B The establishment of these types of facilities is common all along the Intracoastal Waterway 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) Off-street parking will be allowed on each individual lot. Ordered this the 2nd day ofJune, 1997 ~~ Robert G. Greer Chairman Attest: /~ STA TE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Office and Institution Center The County Commissioners for New Hanover County having held a public hearing on June 2, 1997 to consider application No. Z-580 submitted by John Elmore and others, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Eastwood Road west of Southerland 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 iflocated 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. Public water and sewer are available to the site. B. The site has access to a public street (Wrightsville Avenue). C. The site is located in the Seagate VFD District. D The applicant plans to make road improvements along Wrightsville Avenue to make it easier to enter and exist the site without impeding traffic flow along the corridor 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 requirements of the Zoning Ordinance has been submitted. B. Off-street parking is provided per the required ratios for offices. C. Setbacks and buffer yards have been established pursuant to local requirements. 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. Several houses and a church are located on adjacent property An 86 unit subdivision is located across the street. B The property has direct road frontage along Wrightsville Avenue, a heavily traveled street. 5 It is the County 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. Development on adjacent properties consists of residential uses and a church. Commercial uses, offices and related uses can be found in the general area too. The most prominent of those is the Galleria Mall, located just east of the subject property 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. Ifany 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' 1) All other applicable federal, state and local laws. 2) Per site plan as submitted 3) Site development shall be limited to the range of uses identified in the Table of Permitted Uses for 0-1 Districts Ordered this 2nd day of June, 1997 14J1J~ Robert G. Greer Chairman C Affirmation this _ day of ,1997 Applicant AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the R-1O Zoning District Classification, said land being described as follows: Being all of lot 66, 67 and 68 of Block 1 Section A of Silver Lake Subdivision as shown on the map thereof duly recorded in Map Book 4 page 107 of the New Hanover County Registry. 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 NO.4 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, is hereby repealed. Section 4 This ordinance is adopted in the interest of public health, safety morals and general welfare of the inhabitants ofthe County of New Hanover North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 2nd day ofJune, 1997 1dI;J~ Robert G. Greer, Chairman Attest: AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 2 OF NEW HANOVER COUNTY NORTH CAROLINA ADOPTED December IS 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I The Zoning Map of Zoning Area No.2 is hereby amended by removing the hereinafter described tract from the R-15 Zoning District Classification and placing it in the Conditional Use Office and Institution Zoning District Classification, said land being described as follows: Beginning at a point in the southern right-of-way line of Wrightsvi//e A venue, said point also being the northwest comer of the now or formerly Thelma Mack tract, Tax Map 5700-005-003-000' running thence South 23 degrees 32 minutes 30 seconds West 242.22 feet; thence North 65 degrees 35 feet 00 seconds West 132.13 feet; thence South 23 degrees 09 minutes 30 seconds West 125 feet, thence North 65 degrees 35 minutes 00 minutes West /32. 13feet; thence South 23 degrees 09 minutes 30 seconds West 395.59 feet; thence North 65 degrees 35 minutes 00 seconds West 190 feet; thence North 05 degrees 38 minutes 00 seconds West 502.15 feet to a point in the southern right-of-way line of Wrightsvi/le Avenue, thence running east along the right-of-way line to the point and place 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 No 2 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, is 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 2nd day of June, 1997 1ZM6L Robert G. Greer Chairman Attest: