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1997-08-04 RM Exhibits RESOLUTION RECOGNIZING THE 50TH ANNIVERSARY OF THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON WHEREAS, New Hanover County school officials recognized and supported the need of higher educational opportunities in southeastern North Carolina and lobbied for a permanent junior college; and WHEREAS, the Wilmington College Center of the University of North Carolina was established in 1946 with classes held at New Hanover High School; and WHEREAS, 74 percent of New Hanover County residents approved a referendum on March, 25, 1947, supporting a five-cent tax levy to establish ajunior college; and WHEREAS, Wilmington College grew from a two-year institution to a four-year institution and achieved university status in 1969 changing its name to the University of North Carolina at Wilmington; and WHEREAS, for the past 50 years, the residents of New Hanover County and the surrounding Cape Fear area have benefited in numerous ways from this institution of higher learning; and WHEREAS, II cents of every dollar of economic activity in New Hanover County can be attributed to the University of North Carolina at Wilmington with its 9,100 students and 1,400 faculty and ;taff; 'lOW THEREFORE BE IT RESOLVED that as UNCW celebrates it Golden Anniversary the \Jew Hanover County Board of Commissioners recognizes and congratulates the University, its -acuity and staff for their dedication to excellence in teaching, in scholarly and artistic achievement, rod in service to the local, regional and global communities. Adopted this the 4th day of August 1997 \ttest: 0?LI7J.~ Robert G. Greer Chairman ~b- -/ >::tAu/A _ : rk to the Board .ucie F Harrell NEW HANOVER COUNTY INTER-OFFICE ~,," .}}" '~~i~'\%..t-\~ MEMO :'~'~;;~:i:~~,~:.~.( ;;::rlo.>>"*~:..,,'~;).':~~~*~::~~ti{:~M~~:::;~~W~:!;~~*=~~~:::::~:~:~::;~V~:~~:;:~~~;k"~~'::::::':~;;::~~~f'~::;~':i ::::~;~::':~~N'.n'.~~;~;~:':K' ::~X~' '~~r'~. '"$.>>'1-.-:;..1::.::""- 1<;':X:':'~'"p::"':'-:":"\.f:j",:"'~,.!' ,,'\.........~~'t.~0ij; July 9, 1997 TO FROM New Hanover County Board of Commissioners Bruce T Shell ~ Finance Director ~ Disposals of Personal Property RE In accordance with GS 160A-266(c), I hereby submit my report to you detailing sales under this procedure for the period beginn~ng January I, 1997 through June 30, 1997 Item Sold/Donated Estimated Sold Disposed Of To Value ~ Scrap Metal Southern Metals $ 5 00 Scrap Tires Ellen Scott $ 10 00 Scrap Tires Allan Tiller $ 31 50 Scrap Tires Allan Tiller $ 51 00 Scrap Tires Allan Tiller $ 34 50 Scrap Iron Horton Iron & Metal $ 69 00 Scrap Metal Horton Iron & Metal $ 14 55 Scrap Metal Southern Metals $ 8.03 $ 223.58 If you should have any questions, please let me know BTS/ct cc Allen O'Neal County Manager 86 , AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 15 Article II, Section 15-124, Specific Fees, of the New Hanover County Code be amended by adding to subsection e) Other Changes, a subsection 5 5) 1-40 Business Park Sewer Improvements Proiect Assessment Fee: In addition to any other charges, fees, and costs required by this Chapter, users connecting to the 1-40 Business Park Sewer shall be required to pay to the District an assessment fee ofTen Dollars ($10.00) per gallon. This fee shall be paid in full prior to connecting to the system at time of application of building permit. Said 1-40 Business Park Sewer assessment fee shall not be imposed on any business that is owned by low and moderate income individuals or any residence that is owned or occupied by low or moderate income franchise, as defined by N.C. Department of Commerce CDBG regulations. Except as expressly amended above, Chapter 15 shall remain unaltered, in full force and effect. This the fL2;u day of ~ ' 1997 NEW HANOVER COUNTY ATTEST 1?JdIJii- Robert G. Greer, Chairman Board of Commissioners C!/~;(~ C rk to the Board RESOLUTION OFTHE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publielv opened bv the Finanee Department at 12:00 noon., on the 2nd dav of July 1997 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were reeeived for in-home aide serviees for the Aging Department, Bid # 98-0008 Bidder: Levell Level II Level III dMS Progressive Serviees, Ine. $10.3765 $10.6975 $13.90006 $13.9006 $14.50000 $147000 $10.6975 $13.9006 $14.7000 Home Health and Hospiee Care, Inc. Well Care & Nursing Serviees, Ine. AND WHEREAS, bidders were informed that the award of any contraet will be made based on evaluation of total proposal and low unit eost will not necessarily guarantee award and factors to be considered in addition to priec were completeness of proposal and all forms, insurance requirements, license requirements, historv and experience of companv. AND WHEREAS, the bids received were reviewed separately by stalT and voluntecrs from the Home and Communitv Block Grant and both reviews ranked Home Health and Hospice Care, Inc. as first place for recommendation of award; AND WHEREAS, the Director of Aging, the Finance Director and the County Manager recommend that thecontraet be awarded to Home Health and Hospiee Care, Ine., at the unit cost of$13 9006 for all levels of eare; AND WHEREAS, funds are in aecoID!t 110-5825830-3700 to satisfy the requirements of this contraet; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contraet for a in-home aide services for the Department of Aging, Bid # 98-0008 be awarded to Home Health and Hospice Care, Ine. at the unit eost of $13.90006 for each level of eare; and that the County is herebv authorized and directed to exeeute the contraet, contract form to be approvcd by the County Attorney This 4th day of August, 1997 ~~commissioncrs ( AN ORDfNANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows 1 Replace Section 69 17 with the following 69 17 Telecommunica tion Facili ties. Cell ular Towers and Rela ted Towers- These facilities may be located by right in the 1-1 and 1-2 Districts and by special use permit in all other zoning districts In addition, these facilities shall be subject to the following A Any tower, antenna or rela ted structure in non-residential districts shall set back from any residential dwelling a distance equal to the height of the tower as measured from the base of the tower B All towers, antenna or related structures locating ~n residential districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower In no case shall a tower, antenna or related structure be located closer than 50 from any residential property line C A landscaped buffer pursuant to the minimum requ~rements of this Ordinance D All applicants seeking approval for the construction of any new towers, antennas and related structures that require special use permit approval shall submit written evidence to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible E All towers shall be constructed to accommodate collocation Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider F All applicants seeking approval shall also submit a written affidavit that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental POlicy Act of 1969, FCC Rules Sections 1 1311, 1 1312, 1 1307 and all other applicable Federal, state and local laws G Any tower and associated equipment which was lawfully constructed under the terms of this Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the tower and associa ted equipment may not conform wi th the provisions of this Ordinance for the district in which it is located Towers and associated equipment may only be enlarged and/or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower or provides additional antenna space on the tower and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations 1 Tower height may not be increased by more than 15% of the originally constructed tower height Increases in height greater than 15% will require a variance from the Board of Adjustment 2 A tower shall be allowed to be reconstructed and relocated wi thin the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower ~s sited to minimize any increase in the existing nonconformity Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment 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 4th day of August, 1997 1lII~ Robert G Greer, Chairman Attest ~#~'(/~ C erk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Nursing Care Facility The County Commissioners for New Hanover County having held a public hearing on August 4, 1997 to consider application number S-409 submitted by Autumn Corporation a request for a special use permit to use the property located at 5725 Carolina Beach Road 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 72-9 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. Sewer will be provided by the County Water will be provided by Cape Fear Utilities. B. The property is located within the Myrtle Grove VFD District. C. The site has direct access to Carolina Beach Road. 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. Nursing and personal care facilities are permitted by special use permit in the R-15 Residential District. The property is zoned R-15 B The site must contain at least two acres. The facility will be located on about six acres. The total tract encompasses 13 16 acres. C A site plan pursuant to the Zoning Ordinance has been submitted. All minimum setbacks can easily be met. D A 25 foot landscaped buffer will be provided on the site's side yards. A ten foot landscaped buffer will be provided along the road frontage 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 State has issued the applicant a Certificate of Need, indicating that additional health care services of this nature are needed in the County , B The site is located between two existing commercial districts. The B-1 District to the north includes a plumbing supply and contracting business. It also includes a discount building supply business. The B-2 District to the south includes the Tot-ern-in Zoo, miscellaneous retail and commercial services 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. Land development in the general area is a hodgepodge of commercial and residential uses. The primary residential areas include Equestrian Estates across US 421 from the site and a small enclave of housing along Rosa Parks Lane to the north. Non-residential uses include retail, storage, entertainment, commercial services and related uses 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' 1 All other applicable federal, state and local laws. 2. Ground sign only 50 square feet and a maximum of 6 feet in height. 3 Deceleration lane per NCDOT approval. Ordered this 4th day of August, 1997 ~L Robert G. Greer Chairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1 1972 \ THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 The Zoning Map of Zoning Area No 9A is hereby amended by removing the hereinafter described tracts from the R-1S Residential Zoning District Classification and placing it in the B- 2 Highway Business Zoning District Classification, said land being described as follows TRACT AREA 1 Beginning at a point in the western r/w line of Smith Creek Parkway, an existing iron rod, said rod being in the northeastern corner of property owned by GSF&J Properties and being located from an existing NCDOT r/w monument south 31 degrees 20 minutes 27 seconds East, 62 57 feet to the point of beginning; thence South 63 degrees 55 minutes 18 seconds West, 123 60 feet; thence North 11 degrees 37 minutes 14 seconds west, 65 17 feet; thence North 13 degrees 02 minutes 28 seconds West, 156 21 feet; thence North 64 degrees 14 minutes 07 seconds East 96 99 feet; thence Southeast along the western r/w line of Smith Creek Parkway to the point and place of beginning TRACT AREA 2 Beginning at a pipe at the northwestern corner of Lot No 17 of Fisherville Subdivision; running thence with western line of Lot No 17 South 08 degrees 40 minutes East, 359 7 feet to a pipe; thence North 67 degrees 50 minutes East, 150 feet to pipe; thence North 08 degrees 40 minutes West, 356 7 feet to a pipe in the northern line of Lot No 17; thence with the northern line South 69 degrees 30 minutes West, 150 feet more or less 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 9A 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 4th day of August, 1997 1Z~,. Robert G Greer, Chairman Attest ~\/~d{ C erk to the Board 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 2:00 p.m., on the 2nd dav of July, 1997 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a water sewer camera, Bid # 98-0006: Public Works Equipment CUES and Supply Inc. Sewer Camera $31,77500 $ 6,000.00 $37.775.00 $29450.00 $ 7,500 00 $ 36,950.00 Optional Rotating Head Total AND WHERE AS, the equipment proposed by Public Works Equipment and Supply Inc. is Eight Hundred Twenty-five Dollars ($825.00) more than the equipment proposed by CUES, but the equipment proposed by Public Works Equipment and Supply, Inc. performed significantly better under conditions that simulated the environment of the District s lines; AND WHEREAS, the County Engineer the Finance Director and the County Manager recommend that the contract be awarded to Public Works Equipmcnt and Supply Inc., a North Carolina corporation, in the amount of Thirty-seven Thousand Seven Hundred Seventy-five Dollars ($37 775.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 800-470-4197-5940 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 a sewer camera with rotating head, Bid # 98-0006 be awarded to Public Works Equipment and Supply Inc. in the amount of Thirty -seven Thousand Seven Hundred Seventy-five Dollars ($37 775 00); and that the District is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney lJ1Ji,rith~v of August, 1997 ,., r:rR t" V,'!I." tJ"s. COl. ". ~ v+ ". (SE, . "f\ I:r.i..a. . ~~ ::~: _' a: : ': 1: : t1 :'fj ...: . . O. ~",~\ ._~.( ~1 ~ .., ~_~. A~ ~ 1 '.,. - .'...'b,:td~46'l)."""'" Q"'"," .... l) 1IU'il\!.~ ..... ..','a.....ta' 1J~ee~ {( C~ Chairman, Board of New Hanover County Water and Sewer District ATTEST ~,V~ CI to the Board , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mobile Home The County Commissioners for New Hanover County having held a public hearing on August 4, 1997 to consider application number S-41 0, submitted by Mary Blanchard, a request for a special use permit to use the property located on Sycamore Avenue in Castle Hayne 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 72-27 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. A private well and septic tank will be utilized to meet water and sewer needs. B. The site is located in the Castle Hayne Volunteer Fire Department District. C The site has access to Sycamore Avenue. 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. Mobile homes are permitted by special use permit on property zoned RA Rural Agriculture. The site is zoned RA. B The site exceeds the minimum lot area required by the underlying zoning district. C. All required minimum setbacks 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. Land uses on adjacent properties include other mobile homes, single family dwellings, and farming operations 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. There is a variety of residential uses in the general area, including mobile homes on individual lots of record. 6 Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HA VB 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 All other applicable federal, state and local laws. Ordered this 4th day of August, 1997 1?J:M4u- Robert G. Greer, Chairman ~~,~- . 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 DOTH ORDAIN Section 1 The Zoning Map of Zoning Area Airport is hereby amended by removing the hereinafter described tract from the Airport Residential Zoning District Classification and placing it in the Airport Industrial Zoning District Classification, said land being described as follows Beginning at a point in the southern r/w line of N Kerr Avenue, said point being approximately 640 feet east of the centerline of Truesdale Drive, said point also being the northeast corner of the now or formerly Alton Newton, Et ux Tract, Deed Book 1187, Page 1650; running thence North 89 degrees 28 minutes 12 seconds East, 2124 50 feet; thence South 15 degrees 00 minutes 00 seconds West, 1550 11 feet; thence South 74 degrees 20 minutes 00 seconds West, 321 60 feet; thence North 38 degrees 28 minutes 09 seconds West, 1810 59 feet; thence South 20 degrees 51 minutes 42 seconds West, 467 46 feet; thence North 69 degrees 59 minutes 33 seconds West, 293 20 feet; thence North 17 degrees 45 minutes 15 seconds East, 507 56 feet 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 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, 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 4th day of August, 1997 ~/ Robert G Greer, Chairman AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 15 ofthe New Hanover County Code is and be hereby amended as follows: Amend Section 15-7(b), recaptioning Subsection (b) as Water Service Connection Fees (Tap Fees). Development Fees. and Deposits, and renumbering the existing Subsection (4) Other Fees, to number (5), and adding a new Subsection (4) Development Fee, as follows: Section 15-7(b)(4). Development Fee. A fee shall be imposed on all development connecting to the water supply system, based on average daily flow The fees shall be used to pay for cost of elevated tanks, trunk lines, and wells. The One Dollar and Eighty Cents ($1.80) per gallon fee shall consist of a One Dollar ($1.00) per gallon elevated storage component, and an Eighty Cents ($0.80) per gallon transportation facilities component. The fee shall be paid at the time the building permit is obtained, to be determined as follows: i. Residential. A development fee of Seven Hundred Twenty Dollars ($720.00) shall be assessed per single-family residential unit. ii. Commercial and Industrial. A development fee of One Dollar and Eighty Cents ($1.80) per gallon, based on average daily flow as set forth in the N C. Administrative Code, Subchapter 18C, Water Supplies, as may be amended from time to time, shall be assessed for commercial and industrial customers. Except as expressly amended above, Chapter 15 shall remain unaltered, in full force and effect. This the -<fA:, day of d.r~ , 1997 ATTEST NEW HANOVER COUNTY 02:~ Robert G. Greer; Chairman Board of Commissioners ~'.ifY/~ C rk to the Board