1997-06-02 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a. The offer is withdrawn after posting the deposit.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: