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1996-02-05 RM Exhibits RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the Laboratory at the New Hanover County Health Department has a Coulter Hematology System consisting ofa Diluter Model DDIII, SN # R883403 a Counter, Model ZF SN # 5969' a Computer Model MHR, SN # 4769' and a Hemoglobinometer Model HGBR2, SN # 12793 which is sixteen years old and frequently inoperative, which needs to be declared as surplus; AND WHEREAS, the Laboratory at the New Hanover County Health Department is purchasing a new hematology system and would like to dispose of the old hematology system pursuant to G.S. l60A-267 as a trade-in (private sale) on the purchase of the new hematology system in an amount of Three Thousand Four Hundred Thirty-Five Dollars and Fifty Cents ($3435.50); NOW THEREFORE, BE IT RESOLVED BY the New Hanover County Board of Commissioners that the Coulter Hematolo!,'Y System consisting of a Diluter Model DDIII, SN # R883403 a Counter Model ZF SN # 5969' a Computer Model MHR, SN # 4769 and a Hemoglobinmeter Model HGBR2, SN # 12793 will be sold by the Finance Office pursuant to G.S l60A-267 as a trade-in (private sale) on the purchase of a new hematology system. This 5th day of February 1996 ?dd~ Chairman, Board of County Commissioners ATTEST ~y/~ Cl k to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, aller due advertisement, bids were received and publiely opened by the Finance Department at 3.00 p.m. on the 16th day of January 1996, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for a ROLM Telephone System upgrade for the Administration buildings, the Social Services building, and the Health Department building and the sale of surplus ROLM telephone equipment as a trade-in, Bid # 96-0241 Carolina Telephone and Telegraph Company. Gross Price: Less Trade-In: ROLM Phone Mail (Release 3) Serial # 173633 ROLM Phone Mail (Release 3) Serial # 176 124 $281,27900 $ 6,153.84 $ 6,15385 Total Net Price: $268,971.31 AND WHEREAS, Ule M.l.S. Director, the Finanec Director and the County Manager recommend that the contract be awarded to Carolina Telephone and Telegraph Company of Fayetteville, North Carolina, the only responsible bidder, in the aJnowlt of Two HWldred Sixty-eight Thousand Nine Hundred Seventy-one Dollars and Thirty-one Cents ($268,971.31); AND WHEREAS, flUlds have been previously appropriated and are now in or will be in subsequent years budget Account No. ] 10-420-4200-1000-5940 to cover this contract, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for a ROLM Telephone System upgrade for the Administration buildings, the Social Services building, and the Health Department building and the sale of surplus ROLM telephone equipment as a trade-in, Bid # 96-0241 be awarded to Carolina Telephone and Telegraph Company of Fayetteville, North Carolina in the amOlUlt of Two HWldred Sixty-cight Thousand Nine Hundred Seventy-one Dollars and Thirty-one Cents ($268,971 3 I); and that the County is hereby aUUlOrized and directed to execute the contract, contract form [0 be approved by the County Attorney This 5th day of February 1996. ~ Chairnlan, Board of County Commissioners ./ , NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description WHITTED CIRCLE WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described raadrs), 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 Februarv ,1996 seal this the t~ day of ~;F~-r:~ New Hanover county Board of Commissioners Form SR-2 Please Note Highways resolute wp Forward direct to the District Engineer, Division of NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION No rth Ca ro 1 i}}a I County of !JLi1,) .Ll (/1'.1 t'J if t!.A-/ , State System N Improvement ) Ce.c/s . , Describe or give local name or Secondary Road Number) in /1ft)t,,) /Ji/lo/OJrl-L.I County do iJ.ereby J7Jluest the f} / . ~ Division of Highways of th'e Department of Transportation to (ltd. J%f- /LOd"___L.-f{; ffJ Y/5 ""-the above-described road We further advise that the road requested to fa.- IN.-,.ntJv(Jci!.../iS ~L/_miles in length and at the present time there are /C> ocSlupied homes located on the road and having entrances into the road Petition request for (check one) Addi ti on to Pavi ng ( ) Maintenance We the undersigned, being property owners on ~ Finally, we agree to dedicate to the Division of Highways a right-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways REMARKS Four copies of recorded subdivision plat enclosed if applicable NAME PROPERTY OWNERS MAILING ADDRESS TELEPHONE Revised Form SR-l (5-83) All previous forms obsolete ~fM[g&~UWI?0 r ''wI 2 '1- !t; /Atr''U' ". .....__ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description INDIAN CORN TRAIL AND TALL OAKS DRIVE WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(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 commissioners of cf~;Z;[) day of resolution was duly adopted by the Board of County of New Hanover at a meeting on the , 1996 ~ WITNESS ~A"'" ___ r my hand an official seal this the , 1996 cf? ,( ~ day of ~ yt::r~ New Hanover County Board of commissioners Form SR-2 Please Note Highways resolute wp Forward direct to the District Engineer, Division of " NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carol ina N- County of t:cLJ W A-fJO v 612- Petition request for (check one) Addition to State System (~ Paving ( ) Maintenance Improvement ( ) We the undersigned, being property owners on INDIA^,.) (OiZ../J/)!..J4IL f TI'tLL. O.4JLS DI1..lv6- (Describe or give local name or Secondary Road Number) in New HA-tJ01l(.'iL County do hereby request the Division of Highways of the Department of Transportation to the above-described road We further advise that the road requested to in length and at the present time there are 2Z the road and having entrances into the road A-t>O is 0,64- miles occupied homes located on Finally, we agree to dedicate to the Division of Highways a right-of-way of the necessary width to construct the road to the minimum construction standards requi red by the Di vi si on of Hi ghways Thi s ri ght-of-way wi 11 extend the enti re length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways REMARKS Four copies of recorded subdivision plat enclosed if applicable PROPERTY OWNERS NAME MAILING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below ()~-N ~L,-- PJ.!!wj" 177 C~)-r-}.e ~))Vj fJ ( '}..<I/1.2..1 91u-(,7<';3'1 Revised Form SR-l (5-83) All previous forms obsolete ~ ' L..... . I JAIl 2 4- ~S / NEW H~i "",-0 .. 8D. OF C- 858 -N I :1 ~ . . , . "- g HERMITAGE RD. ~ ~ ~ u ........ " NORWOOD OR, ~ . ofl,\'i ...."' . . . HICKC :r:: e;~ . . ~~ it.!' GLA 10 iJ RD. o . . , o ~ ~ R040 WH " ROCK~rLL CIA o . ~ ~ ~ . ~ . . " " \fl.. /, BOUNTI~" 'u.~ Ii ~ > OAKLEY ~. , .. .... ....... ........ ............. .......... ................... ..... ... ....... ... ... .... .......... .... ......~ ~ti I ~ f ,~. '0(' l,i" I (.:;'-1' .. u. ~ I \ t,If}~: ' . N em lHaunutr QIm.mt1l1l jl~t; \ . . ;" , ",\Ii~~~r j ~ .,...... ~'i., . ~' 1(.' 1 ' I) l)1 '~~. d>~~, I, ~' ./ ~ ~,ii; III joO,),/,/;';'''V( -\1 , ,;I,. '.." '1."1' I " '''', Ml.,lln'-, f J 10'1'1 )" I' .+)&1.1\ Ie, q r .' "'e, ~ . ~ \ ;,( 1~"'l\M ; . \/\/\ 1Lloarll of illomminnionern llroclamatton '--- WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations Month, and WHEREAS, the theme for Human Relations Month is, "Don't Hate; Communicate." WHEREAS, we encourage all citizens to respect and work to establish equal rights for all persons regardless of race, color, sex, religion, age, disability, or familial status; and WHEREAS, through practicing the principles of Human Relations Month on an every day basis, we help to preserve, protect. and perpetuate the rights of each person to freedom, liberty and justice. NOW, THEREI<'ORE;The New'l-lanover County Board of Commissioners hereby proclaim the month of February, 1996 as HUMAN RELATIONS MONTH in New Hanover County, North Carolina. I eall upon all citizens of the New Hanover County area to sincerely join forces in creating and practicing a mutual bond of fellowship with all citizens and resolve to accept a personal challenge to improve the status of all people through assurance of the basic human rights ofjustiee, freedom, and dignity ATTEST ~~a::: ~ / Clerk to the Board ~~~~ Robert G Greer, Chairman New Hanover County Board of Commissioners ", ~,:'~ 1.Wf._ ..,.4 ~ Cl=-.;. .... .... ...... ... ....... ....... ........ .... ... ......... ...... ........................................ ... .... .~ 0<~--- c- --~'l~ ~ L9Yew ~~ ~~ GBrxwd o/~~ cs.@~ WHEREAS, the mission of the Brigade Boys and Girls Club is to help youth of all backgrounds, with special concern for those from disadvantaged circumstances, to develop the qualities needed to become responsible citizens and leaders; and WHEREAS, the Brigade Boys and Girls Club will celebrate 100 years of service to youth on February 14, 1996. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners, in appreciation and recognition of the century of service by the Brigade Boys and Girls Club to youth of our community, does hereby proclaim February 14, 1996 as Brigade Boys and Girls Club Day in New Hanover Counly Adopted this the 5th day of February, 1996. 1?~~ Robert G. Greer, Chairman Board of County Commissioners ATTEST ~<)d~d-l ~ erk to the Board - t2' ~ "/ Gv~.__ . !) .~v0 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County is empowered and required under N C.G.S. Sec. 166A - 7 to provide for management oflocal emergencies; and WHEREAS, Federal Superfund regulations and State Right-to-Know laws provide special reporting and handling requirements for businesses that generate or store substantial quantities of hazardous substances; and WHEREAS, emergencies such as fires, spills and explosions involving hazardous substances present a particularly grave threat to the health of the environment and the citizens of New Hanover County as well as to workers responding to the emergency; and WHEREAS, access to current information concerning the type, amount and location of hazardous substances during such an emergency is necessary to adequately protect human life and the environment, NOW THEREFORE, BE IT RESOLVED that New Hanover County does hereby adopt this New Hanover County Hazardous Materials Information Storage Box Ordinance, to be codified as Article IV of Chapter 8, Fire Protection and Prevention. Section 8-35 Data Storage Box Required. Effective January I, 1996, all commercial enterprises or industries in New Hanover County which use, store or manufacture on-site hazardous materials that must be reported under State Right-to-Know laws, N C.G.S. Sec. 95-173, et seq., or under Title III of the Federal Super Fund Amendments and Reauthorization Act and the regulations promulgated thereunder must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. Section 8-36. Contents, Types and Location of Data Storage Box. (a) This data storage box may contain keys providing access to secured portions of the facility The box shall contain current specific information to assist fire departments, hazardous materials teams and emergency management personnel, responding to emergencies at the facility, including but not limited to facility maps or plans showing the type and location of hazardous materials, Tier II forms, lists of chemicals with CAS numbers, telephone numbers for facility employees and other persons to be contacted in case of such emergencies. (b) All information requested on New Hanover County Emergency Management data storage sheets must be provided on the forms provided by New Hanover County or in a substantially similar format and must be placed in the data storage box. Such information must be updated on a regular basis to insure its accuracy (c) The data storage box itself shall be of the type designated and approved by the New Hanover County Emergency Management Director and the New Hanover County Fire Marshall and shall be located at or near the primary entrance to the facility and installed in accordance with directives of said Director or his designees. The data storage box may include keys to the facility as required under Volume 5, Section 603 18 of the Southern Building Code, as amended January I, 1996. Section 8-37 Exemption to Facilities Operating 24 Hours a Day (a) Facilities which operate a manned 24 hours a day, 365 days a year security station or access control facility on the site are exempt from the installation of the keyed data storage box system. (b) The facility is not exempt, however, from having the information as referenced in Section 8-36, readily available and clearly posted in the manned security station access control facility ( c) Exemptions must be applied for in writing to the Department of Emergency Management annually beginning March 1 1996 and every March 1 st thereafter (d) The facility shall be responsible for the implementation of a lock box system within ten (10) days prior to the termination ofa 24 hours a day, 365 days a year, manned security station or access control facility Section 8-38. Violations; enforcement. (a) Violations of this ordinance shall be a misdemeanor as provided under N C.G.S. Sec. 160A-175 and N C.G.S. Sec. 14-4 Each day s continuing violation shall constitute a separate offense as provided by N C.G.S. Sec. 160A-175(g). (b) The municipality may also secure appropriate equitable remedies to ensure compliance with this chapter, as provided by N.C.G.S. Sec. 160A-175 (c) Enforcement actions may be initiated by the New Hanover County Fire Marshal, the New Hanover County Emergency Management Director, or their designees. ADOPTED this~) day of ~ 1996. NEW HANOVER COUNTY ~ Robert G Greer, Chairman Board of Commissioners ~y/~ C rk to the Board :J\[gw Hanover County 130ara of CommlSsioners Procfamatwn Respect for Law Week WHEREAS, the crime rate in our community, as well as our neighboring communities, continues to rise everyday; and WHEREAS, the problems of crime touch and affect all segments of our society and can erode the moral and economic strengths of our communities; and WHEREAS, our vitality as a community and as a society depends to a great degree on the willingness of each individual member to give of his or her time and talents-in volunteer service; and WHEREAS, the Optimist Clubs and their dedicated volunteer members continue to sponsor and support programs aimed at combatting crime and encouraging a respect for law; NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does hereby proclaim the week of February 11-17, 1996, as RESPECT FOR LAW WEEK in New Hanover County, North Carolina and ask all citizens to join the Optimist Clubs in carrying this message. ~JJ-/!J~ Robert G Greer, Chairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDTNANCE 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: Revise Table of Pennitted Uses as Follows: Other communication facilities including towers PI) R20S R20 R15 RJO lJJ B2 11 I2 0&1 AR A1 SC RA S S S S S' S S l' P S S S S S Antenna and towers less than 70 feet in height and ancillary to the principal use l' l' 1'1'1'1'1'1'1'1' l' l' l' P 69 17 Other communication fadlities including cellular and related towers All towers, antennas and related struc"'res permilled in the 1-1 and 1-2 districts shall set back a distance equal to the hei~ht of the tower from residentially zoned properly 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 etfect tram and after its adoption. 1996 1?dJfJ1&- Robert G. Greer Chairman ~~~7~ CI 'rk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Environmental Management Department at 11.00 a.m. on the 4th day of January 1996, at Ole New Hanover County Environmental Management Administration Building, 3002 Highway 421 North, Wilmington, North Carolina, and the following bids were received for the closure of Landfill Cell #3A. Wes-Ben Company Inc. Tri-State Consultants, Inc. Ground Improvement Technologies $330,314.00 $363,232.00 $628,00000 AND WHEREAS, according to G.S. 143-132, if fewer than three bids arc received after the first advertisement for a fonnal constmetion bid, a second advertisement of the proposal should be made and after this second advertisement, the award may be made even if only one bid has been received; AND WHEREAS, aller the first advertisement, only two bids were received and the project was advertised as required by General Statutes a second time after which Orree bids were received; AND WHEREAS, Post, Buckley Schuh & Jernigan, Inc. the consulting engineers for the project have reviewed the proposals and recommend award to Wes-Ben Company Inc., AND WHEREAS, Ole Environmental Management Director and the County Manager recommend iliat the contract be awarded to We-Ben Company Inc., a North Carolina corporation, the lowest responsible bidder, in the amount of Three Hundred Thirty Thousand Three Hundred Fourteen Dollars ($330,314.00); AND WHEREAS, funds have been previously appropriated and arc now in Account No. 700-480-4191 3700 to cover this contract, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for the closure of Landfill Cell #3A for the Environmental Management Department, be awarded to Wes-Ben Company Inc. in the amount of Three Hundred Thirty Thousand Three Hundred Fourtccn Dollars ($330,314.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Allomey This 5th day of February 1996. (SEAL) /f?H~ Chairman, Board of County Commissioners ATTEST C~)dN~ Cl k to ilie Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Residential, Commercial, Office, Marina The Board of Board of County Commissioners for New Hanover County having held a public hearing on February 5 1996 to consider application number Z-559 submitted by Randall Bray for TKL, Inc., a request for a special use pennit in a Conditional Use Zoning District to use the property located on U.S 421 (Old Wilmington Shipyard) 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 Board of Board of 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 Board of County Commissioners. 2. It is the Board of 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 site has access to existing public streets (US 421 and Point Harbor Road) B The site is located in the old North Wilmington Fire Department District. Service is provided by contractual arrangement with Wrightsboro VFD C The exact source for water and sewer service is not known. 3 It is the Board of 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 Ordinance has been submitted. B The plan identifies all planned land uses. C The plan identifies the perimeter boundary and adjoining land uses. D No data are provided concerning traffic counts or traffic impacts. E. No data are provided concerning existing trees. 4 It is the Board of 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. Many of the properties nearby are vacant. B Redevelopment of this site as planned would be a significant change to the quality of land uses in the area. 5 It is the Board of Board of County Commissioners' CONCLUSION that the proposed use DOES satisJY 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 Board of Commissioners makes the following FINDINGS OF FACT A. The property to the south is a marine salvage yard. Land to the northwest is a truck stop and restaurant. Land across the river is developed with industrial uses, including a speciality lumber company and a shipping company 6. Therefore, because the Board of County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HA VE 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) That the plan comply with applicable landscaping and tree requirements of the Zoning Ordinance. 3) A covenant be established which discloses to future buyers, particularly residential interests, that the site is in close proximity to existing and/or potential industrial uses and activities. Ordered this 5th day of February 1996 Attest: ~1~jJ~ -:D~ Clerk to the Board /(JdM- Robert G. Greer Chairman Airmation this ,1996 Applicant