1995-08-21 RM Exhibits
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Finance Office has a Ricoh Copier, model # FT5520,
serial number 0140049824, which is five years old and frequently inoperative, which they would like
to declare as surplus,
AND WHEREAS, the New Hanover County Fiannce Office is purchasing a new copier and
would like to dispose of the Ricoh Copier pursuant to G S 160A-267 as a trade-in (private sale) on
the purchase of the new copier in an amount of seven hundred ($700.00) dollars,
NOW THEREFORE, BE IT RESOLVED BY the New Hanover County Board of
Commissioners that the Ricoh Copier, model # FT5520, serial number 0140049824 will be sold by
the Finance Office pursuant to G.S. 160A-267 as a trade-in (private sale) on the purchase ofa new
copIer
This 21 st day of August, 1995
1?J)JJ.~
Chairman, Board of County Commissioners
ATTEST:
~dy(~
C rk to the Board
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 07/31/95
CURRENT TAX YEAR - 1995
_~nQ_~~bUA~e~__~~w~~_
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
.. ""ICltMWmt::t:"."dD
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLE~TED
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
EMS COLLECTIONS
AD VALOREM
aaa3DWImIll:t..:lWdtllbl:a......taatwa
$
.00
.00
.00
1G.i'!..._~HrGa...Mt_ltMm..
$
.00
.00
.00
..~.......u:......rJ;l~m_&iil....
$
.00
.00
_t!mBltpE..~81.IIN:ICI....cm_Wd
$
.00
.00%*
$ 2,463,963.85
11,460.59
7,021.81....
am_............eu......._&lGf-w.
$ 2,468,402.63
139,707.49-
a_aaus.:at..I:il'Jl&lIt,K'..IlttIl._s::.
$ 2,328,695.14
5.66%
JUL 1995
s.eucn_IIIImI_.llIl&tl1_u..,,__
250,264.96
4,208.00
.00
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR
CITY OF WILMINGTONl WRIGHTSVILLE BEACH, CAROLINA
BEACH TO DATE - $ ,133,747.37.
THIS REPORT IS FOR FISCAL 'YEAR BEGINNING JULY 1,
Ii\E)PECTFULL Y .SUBMI};YED,
Yl' ,. C\ f, ~ ('~~f'l<T\/
t\.(Y) <..1 Co.. i' J . ,"
PATRICIA J. ~YNOR '- V
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE m 51.67%
CONSENT AGENDA
DATE:_________
ITEM NO.______
MOTOR VEHICLE
.......,................._m...
$ 873 , 609 . 60
3,992.32
6,535.02....
tHlGal'iDllD_....IIIIaIOi~..._P8IiI
$ 871,066.90
.00
.00
__~""""'CW__"'E1.,.....
$
871,066.90
450,043.16-
GI.....UUJ_ItR&a8'a&r~.._aar..
$ 421,023.74
51.67%*
FISCAL YTD
_____Iit'lIaIII.__a18OO1t
250,264.96
4,208.00
.00
NEW HANOVER COUNTY,
BEACH AND KURE
1995.
CONSENT AGENDA
DATE:_________
ITEM NO.______
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 07/31/95
CURRENT TAX YEAR ~ 1995
~~g~~~_~_W~D_wo~~e___~
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LTSTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
..__.._~ft:l~dbl
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
THIS REPORT IS FOR FISCAL YEAR BEGINNING
~ECTFULLY SUBMITJ:tO,
\J . ' . ~ ~ \ (,~.o.nt;V
i t\..(Y) <..\ c... . '- -,I
PATRICIA J. NOR U
COLLECTOR OF REVENUE
AD VALOREM
MOTOR VEHICLE
_a.II:9.~tW..~IUJ"__.uUUl
uctll:ltiJ__IlililaJ_...IJIf_""'"
$
.00
.00
.00
$
21,704.09
127.69
193.63'""
__~4~Uhiltite:aaia__IU"IM'GR
.i8___...._81t11'Ul~....
$
.00
21,638.15
.00
.]-_.........~...._--
$
.00
..._lJil.mI1tlRu-.m.....,UliIi_at
$
.00
.00
$
$
21,638.15
11,777.75'"
..WlIHu__-.atmtKamillD-=GtJtadit
$ 9,860.40
54.43%*
es_M4lmm_IfO~~mllll~d
.00
.00%*
44,873.72
451.25
224.95....
IiMIPlm_eDnU1i3mrllllilill'IiIIIWIlb_ro.
$
45,100.02
3,058.77"'"
..Mfli:W;mai)lIi:W1.::a.:j.lU'lIW~_ILiiiIfif'1Uib
$ 42,041.25
6.78%
JULY 1, 1995.
* COMBINED COLLECTION PERCENTAGE - 54.43%
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN RIVER OAKS SUBDIVISION
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 resolution
Commissioners of the County of
21st day of August
was duly adopted by the Board
New Hanover at a meeting on the
, 1995.
,
of
~.~ITNESS my hand and official seal this the
~ ' 1995.
~/d"
day of
Board of
Form SR-2
Please Note: Forward direct to the District Engineer, Division bf
Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN DAWING CREEK AND WHISPERING
PINES SUBDIVISIONS
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 resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of August , 1995.
this the c:t( /d
day of
~F.~r~k
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
WEDGEFIELD DRIVE OF CROSSWIND SOUTH
SUBDIVISION
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 resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of August , 1995.
~..~ITNESS my hand and official seal this the c?/~
~A~ , 1995.
day of
~ \':/ >ti~
Lu 'e F. Harrell, Clerk
New an over County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
WENDOVER NORTH, WILLOW BROOK AND JACOBS
RUN SUBDIVISIONS
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 resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of August , 1995.
hand and official seal this the cf/4At
, 1995.
day of
ie F. Harrell, Clerk
Ne Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
--
August 1995
State of North Carolina
County of New Hanover
To the Collector of Revenue of New Hanover County'
You are hereby authorized, empowered, and commanded to collect the taxes set
forth in the tax records filed in the office of the Tax Administrator and in the tax
receipts herewith delivered to you, in the amounts and from the taxpayers likewise
therein set forth. Such taxes are hereby declared to be a first lien upon all real
property of the respective taxpayers in the County of New Hanover and this order
shall be a full and sufficient authority to direct, require, and enable you to levy on
and sell any real or personal property of such taxpayers, for and on account
thereof, in accordance with the law
Witness my hand and official seal, thi~day of 4~ 1995.
1?LJA~
Chairman, Board of Commissioners of New Hanover County
Attest~16/ ~
Clerk of the Board of Commissioners of New Hanover County.
I, Patricia J Raynor, Collector of Revenue of New Hanover County, hereby acknowledge receipt
of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach,
Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New
Hanover County
This l.1#h day of
~O~~lr
1995.
-.J
anover County
NEW HANOVER COUNTY
TAX ADMINISTRATION
320 CHESTNUT STREET, ROOM 209
WILMINGTON, NORTH CAROLINA 28401-4090
TELEPHONE (910) 341-7131
ROLAND G. REGISTER
Tax Administrator
NEW HANOVER COUNTY
SETTLEMENT OF TAX COLLECTIONS FOR 1994
Original Tax Levy Per Scroll
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties Charged
Advertising Fees Charged
Interest Collected
Cost Collected
$ 48,210,776.61
2,401,314.93
141.568.27
50,470,523.27
34,74403
12,711 00
98,84660
27.049.39
$ 50,643,874.29
Real Estate Liens*
Delinquent Personal Property*
Deposited - W achovia Bank
332,057.21
390,362.46
49,921,454.62
- 50.643.874.29
$ .00
*Uncollected amounts include $9,581.22 owed by known bankrupt accounts.
Respectfully submitted,
Y~h'\l(A.- ~. ~~c-J
Patricia 1. RaynoY
Collector of Revenue
PJR:sw
-&'T -&'T
I I
f-' f-'
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f-'f-'N.j::-----.JO OJ
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Of-'f-'\OUlNW
f-'OO---.Jf-'N---.JW
ROLAND G. REGISTER
Tax Administrator
NEW HANOVER COUNTY
TAX ADMINISTRATION
320 CHESTNUT STREET, ROOM 209
WILMINGTON, NORTH CAROLINA 28401-4090
TELEPHONE (9JO) 341-7131
NEW HANOVER COUNTY FIRE DISTRICT
SETTLEMENT OF TAX COLLECTIONS FOR 1994
Original Tax Levy Per Scroll
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties Charged
Interest Collected
Real Estate Liens*
Delinquent Personal Property*
Deposited- W achovia Bank
$ 1,067,779.04
60,541 55
29.689.18
1,098,631.41
685.43
1.872.51
$ 1,101,18935
5,779.92
7,727.25
1,087.682 18
1,101,189.35
$ 00
*Uncollected amounts include $41.05 owed by known bankrupt accounts.
Respectfully submitted,
))~(~~ 8. t\i~v
Patricia J Raynor
Collector of Revenue
PJR.sw
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:A/j,w J{anover County 130ani of Commissioners
'Rgs o{u tion
WHEREAS, Animal waste lagoons have been the source of
millions of gallons of animal waste spilled into coastal
North Carolina waters in recent months;
WHEREAS, the animal waste spills have significantly polluted
fragile estuarine systems with oxygen-depleting wastes
and threatened human health with pathogenic organisms;
WHEREAS, animal waste lagoons are proliferating rapidly in
coastal North Carolina;
WHEREAS, the City of Wilmington is dependent upon the Cape
Fear River as a source of drinking water; and
WHEREAS, the County's estuarine creeks and rivers contribute-
to the high quality of life for County residents and are
essential to maintaining valuable economies of tourism
and fishing;
THEREFORE, the New Hanover County Board of Comrniss ioners
resolves that the State of North Carolina should commit
whatever resources are necessary and should take
whatever steps are required for effective regulation and
enforcement to ensure that animal wastes are properly
treated and managed.
ADOPTED, this the 17th day of August, 1995.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
llLA6L
ROBERT G. GREER, CHAIRMAN
',(/{) d~ ~
~~~F. HARRELL, CLERK TO THE BOARD
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AUTHORIZING EXECUTION OF
FINAL CONSENT DECREE IN
UNITED STATES V. WASTE INDUSTRIES. ET. AL
WHEREAS, New Hanover County is one of eight defendants in an action initiated in 1980
titled United States v. Waste Industries. Inc.; and
WHEREAS, the defendants have previously entered into a partial consent decree under
which they conducted certain groundwater studies at the now closed Flemington Landfill in New
Hanover County; and
WHEREAS, based upon the studies completed by the defendants, the EP A determined that
. the landfill does not present an eminent and substantial endangerment to the health and environment
of New Hanover County citizens; and
WHEREAS, the United States originally asserted certain claims against the defendants for
past response costs at the site in an amount over $1,000,000.00 and such claims have now been
reduced through negotiations to $175,000.00; and
WHEREAS, the final consent decree will also require the parties to abandon certain
monitoring wells and continue a monitoring program for a period of three to five years after entry
of the decree; and
WHEREAS, during the groundwater investigation at the Flemington landfill, New Hanover
County imposed a $1.00/ton surcharge on the tipping fee for garbage disposal and certain funds
remaining from, the surcharge will be applied to the past response cost claims and any additional
monitoring costs; and
WHEREAS, based upon previously agreed cost sharing arrangements, New Hanover
County's share of the costs to be paid by the defendants is 17.5%; and
WHEREAS, the Board of Commissioners has determined that due to the length of this
litigation and the cost of additional litigation to resolve the issue concerning past cost that it would
be in the best interest of New Hanover County to pay a portion of the EP A's past costs and authorize
the execution of a final consent decree.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover Board of Commissioners
that:
1. The Board of Commissioners does hereby authorize the payment of 17.5% of the EPA's
demand less any surcharge funds available for the payment of such amount after
reserving funds for future testing and well closure. In no event shall the
County payment exceed $30,625.00 without prior Board approval.
2. The County Attorney is authorized to execute a final consent decree in the above-
referenced action consistent with the terms of this resolution.
Adopted this the 21st day of August, 1995.
New Hanover County
1Zil;S.~
Robert G. Greer, Chairman
Board of County Commissioners
ATTEST:
~-</~-
k to the Board
AN ORDINANCE
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that Chapter 12, Offen,ses, Article VIII, is hereby amended as follows, repealing the
existing ordinance:
"-'.
ARTICLE VIII. CONTAMINATION OF GROUNDWATER
Sec. 12-67. Declaration of policy and findings.
The board of county commissioners does hereby find, based upon the advice of the
United States Environmental Protection Agency that an imminent and substantial endangerment
to health or the environment does not exist as a result of contamination of groundwater in the
vicinity of the closed landfill site in the northwest section of New Hanover County commonly
known as the Flemington Landfill, however, that it is in the best interest of the citizens and
residents of New Hanover County to minimize direct and indirect exposure to contaminated
groundwater, and that the health, safety and welfare of all concerned will best be served by
regulating the construction of wells, the use of existing wells and excavation in the vicinity of the
Flemington Landfill.
Sec. 12-68. Definitions.
For the purposes of this article, the following terms and phrases, as used and referred to in
this article, shall apply:
(1) Flemington Landfill: The land described below, consisting of approximately
seventy (70) acres.
Lying and being in New Hanover County and beginning at a point in a line
which runs from a point in the center of North Carolina State Road 1347 where
North Carolina State Road 1347 intersects Seaboard Coast Line Railroad; thence
north along Seaboard Coast Line Railroad 1162 feet; thence northwest parallel to
Carolina Power and Light Company access road 1600 feet; thence south parallel
to Seaboard Coast Line Railroad 2032 feet thence southeasterly along a line
parallel to Carolina Power and Light Company access road 1600 feet to the
Seaboard Coast Line Railroad 870 feet to the point of the beginning and
containing 70 acres more or less.
(2) Restricted property: The Flemington Landfill site and property in the
vicinity of the Flemington Landfill situated within the following boundaries:
Starting at a point at the intersection of the west side of Highway 421 and the
edge of the Northeast Cape Fear wetlands (The edge of wetlands is defined in this
case as the five foot contour interval at the described location as shown on the
USGS Castle Hayne Quadrangle) running north along the west side of Highway
421 to the intersection of Sutton Plant Road and Highway 421, thence west along
the south side of Sutton Plant Road form Highway 421 to a "point" 3,200 feet
west of the intersection of the Sutton plant Road and Highway 421, thence from
the "point" on the Sutton Plant Road southwest along compass bearing 230
degrees to the edge of the previously described wetlands, and thence along the
edge of the wetlands to the starting location at Highway 421 and the wetlands.
A map depicting the restricted area is on file at the Department of Environmental
Management, 3002 Highway 421 North.
(3) Board of Commissioners: New Hanover County Board of Commissioners.
(4) Department of Environmental Management: New Hanover County Department
of Environmental Management
(5) EPA: United States Environmental Protection Agency.
(6) Drinking Water. Water used for drinking, cooking or food preparation by humans
or domesticated animals.
(7) Domestic purposes: Use of water for those purposes incidental or necessary to
habitation of dwelling place, whether in a residential, commercial or business
establishment, including, but not limited to:
Bathing of humans or domesticated animals, laundering of clothing, bedding,
linens or toweling; washing household articles, automobiles, buses, trucks
and trailers, campers, boats, or bicycles; interior or exterior surfaces of
residences or outbuildings;
Soil preparation or maintenance of houseplants, residential shrubbery, trees, lawns
or gardens.
(8) Excavation: Breaking the surface of the soil and penetrating to a depth greater
than twenty-four (24") inches below the surface of the surrounding undisturbed
soil and exposing the subsoil.
(9) Permit. The express authorization by the Department of Environmental
Management necessary to construct a new well, use an existing well or excavate
on the Restricted Property.
(10) Construction of well: Placement of a well of any type, for any purpose, by any
Director, Waste Management Division
United States Environmental Protection Agency
Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
There shall be no fee for application or issuance of the required permits.
Sec. 12-73 Well Construction, excavation and use of existing wells to be regulated by
permit.
The construction of any well for which a permit is required by this article and the
use of groundwater extracted from such a well or from an existing well for which a
permit is required by this article, and any excavation for which a permit is required by
this article, shall be regulated by and subject to the terms, conditions and limitations, if
any, contained in the permit as issued.
Sec. 12-74 Amendment of permits.
Any person or entity obtaining a permit required by this article may apply for
amendment of that permit by submitting an application as described in section 12-72 of
this article.
Sec. 12-75. Appeal
Any person or entity which has been denied a properly-applied-for permit
required by this article, or which has been denied a properly-applied-for amendment to
an existing permit, may appeal such denial, within ten (10) days from such denial, in
writing, to the New Hanover County Board of Commissioners. The board of county
commissioners shall hold a hearing within thirty (30) days of the receipt of notice of
appeal and the board shall give the appellant not less than five (5) days' notice of the
date, time and place of the hearing.
Sec. 12-76. Unlawful to proceed without permit.
Construction of a well, excavation or use of an existing well without a permit
which is required by this article shall be unlawful.
Sec. 12-77. Unlawful to proceed other than in accordance with permit.
Construction of a well, excavation or use of an existing well beyond or otherwise
not in accordance with the terms, conditions or limitations contained in a permit required
by this article shall be unlawful.
, .
Sec. 12-78. Enforcement of article.
(a) Violations of this article constitute a misdemeanor and may be
punished as provided in G.S. Section 14-4, and each day's continuing violation is a
separate and distinct offense.
(b) This article may be enforced as provided by G.S. Section 153A-123 (e).
(c) This article may be enforced by one (1) or more of the various remedies
authorized by G.S. Section 153-123.
Sec. 12-79. No waiver of requirements.
This article shall not be a waiver or substitute for other permits, and is separate
from and in addition to permits or authorization required by the State of North Carolina
or New Hanover County Department of Health.
Sec. 12.80. Effective date of article.
This article will become effective upon adoption.
This the 21st day of August, 1995.
NEW HANOVER COUNTY
~
Robert G. Greer, Chairman
Board of Commissioners
ATTEST:
~~~~~ ~
r..... _
DRAFT
ARTICLE VIII. CONTAMINATION OF GROUNDWATER*
Sec. 12-67. Declaration of policy and findings.
The board of county commissioners does hereby find, based upon the advice of the
United States Environmental Protection agency that an imminent and substantial endangerment
to health or the environment does not may exist as a result of contamination of groundwater in
the vicinity of the closed landfill site in the nothwest section of New Hanover County commonly
known as the Flemington Landfill, however. that it is in the best interest of the citizens and
residents of New Hanover County to minimize direct and indirect exposure to contaminated
groundwater, and that the health, safety and welfare of all concerned will best be served by
regulating the construction of wells, the use of existing wells and excavation in the vicinity of the
Flemington Landfill. (Ord. of 4-6-87)
Sec. 12-68. Definitions.
For the purposes of this article, the following terms and phrases, as used and referred to in
this ordinance [article], shall apply:
(l) Flemington Landfill: The land described below, consisting of approximately
seventy (70) acres.
Lying and being in New Hanover County and beginning at a point in a lie [line]
which runs from a point in the center of North Carolina State Road 1347 where
North Carolina State Road 1347 intersects Seaboard Coast Line Railroad; thence
north along Seaboard Coast Line Railroad 1162 feet; thence northwest parallel to
Carolina Power and Light Company access road 1600 feet; thence south parallel
to Seaboard Coast Line Railroad 2032 feet thence southeasterly along a line
parallel to Carolina Power and Light Company access road 1600 feet to the
Seaboard Coast Line Railroad 870 [feet] to the point of the beginning and
containing 70 acres more or less.
(2) Reg'tilafory Restricted property: The Flemington Landfill site and property in the
vicinity of the Flemington Landfill situated within the following boundaries:
Northern B(mndary: 34017'30" North latitude,
Eastern Bo'tindary. The cdge of the Northeast Cape fear River at lo'v\' tide;
SO'tithern Bowuiary. The edges of the Cape Fear River at low tide, to the point of
confluence with the Northea3t Cape Fear River;
West'e1JZ Bowzdmy 7rS8'SO" longitude.
*Cross reference--erosion and sedimentation control,~ 7-1 et seq. Supp. No. 14
Starting at a point at the intersection of the west side of Highway 421 and the
edge of the Northeast Cape Fear wetlands (The edge of wetlands is defined in this
case as the 5' (foot) contour interval at the described location as shown on the
USGS Castle Hayne Quadrangle.) running north along the west side of Highway
421 to the intersection of Sutton Plant Road and Highway 421. thence west along
the south side of Sutton Plant Road form Highway 421 to a "point" 3.200 feet
west of the intersection of the Sutton plant Road and Highway 421. thence from
the "point" on the Sutton Plant Road southwest along compass bearing 230
degrees to the edge of the previously described wetlands. and thence along the
edge of the wetlands to the starting location at Highway 421 and the wetlands.
A map depicting the regulated restricted area is on file in the department of
engineering at the Department of Environmental Management.
3002 Highway 421 North.
(3) Board of Commissioners: New Hanover County Board of Commissioners.
E41 Department of engineet illg: New IIano'v'er County Department of Engineering.
{1l Devartment of Environmental Management: New Hanover County Department
of Environmental Management
(5) EPA: United States Environmental Protection Agency.
(6) Drinking Water: Water used for drinking, cooking or food preparation by humans
or domesticated animals.
(7) Domestic purposes' Use of water for those purposes incidental or necessary to
habitation of dwelling place, whether in a residential, commercial or business
establishment, including, but not limited to:
Bathing of humans or domesticated animals, laundering of clothing, bedding,
linens or toweling; washing household articles, automobiles, buses, trucks
and trailers, campers, boats, or bicycles; interior or exterior surfaces of
residences or outbuildings;
Soil preparation or maintenance of houseplants, residential shrubbery, trees, lawns
or gardens.
(8) Excavation. Breaking the surface of the soil and penetrating to a depth greater
than twenty-four (24) inches below the surface of the surrounding undisturbed soil
and exposing the subsoil.
(9) Permit: The express authorization by the department of engineering Department
of Environmental Management necessary to construct a new well, use an existing
well or excavate-m the 'v'ieinitJ of thc Plcmington Landfill. on the Restricted
Property .
(10) Construction of well: Placement of a well of any type, for any purpose, by any
construction method which has a screened depth of greater than twenty-four (24)
inches below the surface of the surrounding soil or the boring or excavation of a
cavity for such a well or the replacement, modification or below ground repair of
existing well of screened depth of greater than twenty-four (24) inches below the
surface of the surrounding soil.
(11) Existing water well: A well used or which could be used to extract groundwater
having a screened depth greater than twenty-four (24) inches and less than two
hundred (200) feet below the surface of the surrounding soil which is under
construction or in existence before the effective date of this ordinance [article],
whether or not such existing well is in operation.
(12) Person: Shall mean any individual or association of individuals, or any firm,
corporation or other business entity. (Ord. of 4-6-87) (Amended 1995)
Sec. 12-69. Permit required for construction of wells.
Any person or entity desiring to construct a well on any property within the
regulated ftfeft restricted property or which will be screened below the surface of the
regulated area restricted property must obtain a permit from the department of
engineering Department of Environmental Management prior to beginning construction
of such a well. (Ord. of 4-6-87) ( Amended 1995)
Sec. 12-70. Permit required for excavation.
An)' person or entity desiring to conduct any excavation on the regulated property
or into the soil beneath the surface of the regulated property must obtain a permit from
the department of engineering prior to the beginning of such exca"v'ation. (Ord. of 4-6-87)
Any person or entity desiring to conduct any excavation on the Flemington
Landfill property. or any excavation on the restricted property for the purpose of
removing groundwater. must first obtain a permit from the Department of Environmental
Management.
Sec. 12-71. Permit required for use of existing wells.
Any person or entity desiring to use groundwater extracted from any existing well
located on the regulated restricted property or screened below the surface of the regulated
restricted property for drinking water or for any domestic purpose must obtain a permit
from the department of engineering Department of Environmental Management prior to
using such groundwater for drinking water or any domestic purpose. (Ord. of 4-6-87)
( Amended 1995)
Sec. 12-72. Application for permits
Applications for permits required for construction of wells and for excavation on
or below the surface of the regulated restricted property and for use of groundwater
extracted from below the surface of the regulttted restricted property for drinking water
or for domestic purposes shall be made upon forms and made available by the department
of engineering, Department of Environmental Management and exact copies of such
applications shall be sent, by regular mail to:
Director, Waste Management Division
United States Environmental Protection Agency
Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
There shall be no fee for application or issuance of the required permits.
(Ord. of 4-6-87) (Amended 1995)
Sec. 12-73 Well Construction, excavation and use of existing wells to be regulated by
permit.
The construction of any well for which a permit is required by this ordinance
[article] and the use of groundwater extracted from such a well or from an existing well
for which a permit is required by this ordinance [article], and any excavation for which a
permit is required by this ordinance [article], shall be regulated by and subject to the
terms, conditions and limitations, if any, contained in the permit as issued.
(Ord. of 4-6 87) (Amended 1995)
Sec. 12-74 Amendment of permits.
Any person or entity obtaining a permit required by this ordinance [article] may
apply for amendment of that permit by submitting an application as described in section
12-72 of this ordinance [article]. (Ord. of 4-6-87)(Amended 1995)
Sec. 12-75. Appeal
Any person or entity which has been denied a properly-applied-for permit
required by this ordinance [article], or which has been denied a properly-applied-for
amendment to an existing permit, may appeal such denial, within ten (10) days from
such denial, in writing, to the New Hanover County Board of Commissioners. The board
of county commissioners shall hold a hearing within thirty (30) days of the receipt of
notice of appeal and the board shall give the appellant not less than five (5) days' notice
of the date, time and place of the hearing. (Ord. of 4-6-87)
Sec. 12-76. Unlawful to proceed without permit.
Construction of a well, excavation or use of an existing well without a permit
which is required by this ordinance [article] shall be unlawful. (Ord. of 4-6-87)
Sec. 12-77. Unlawful to proceed other than in accordance with permit.
Construction of a well, excavation or use of an existing well beyond or otherwise
not in accordance with the terms, conditions or limitations contained in a permit required
by this ordinance [article] shall be unlawful. (Ord. of 4-6-87)
Sec. 12-78. Enforcement of ordinance [article].
(a) Violations of this ordinance [article] constitute a misdemeanor and may be
punished as provided in G.S. [section] 14-4, and each day's continuing violation is a
separate and distinct offense.
(b) This ordinance [article] may be enforced as provided by G.S. [section] 153A-
-123 (e).
( c) This ordinance [article] may be enforced by one (1) or more [of] the various
remedies authorized by G.S. [section] 153-123. (Ord. of 4-6-87)
Sec. 12-79. No waiver of requirements.
This ordinance [article] shall not be a waiver or substitute for other permits, and is
separate from and in addition to permits or authorization required by the State of North
Carolina or New Hanover County Department of Health. (Ord. of 4-6-87)
Sec. 12.80. Effective date of ordinance [article].
This ordinance [article] will become effective upon adoption. (Ord. of 4-6-87)
(Amended 1995)
NEW HANOVER COUNTY
[SEAL ]
Robert G. Greer, Chairman
Board of Commissioners
ATTEST:
Clerk to the Board
EXTRACTS FROM MINUTES OF COUNTY BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of New Hanover, North
Carolina (the "Board") was duly held on August 21, 1995, at --2..:...00 o'clock~, at the place
established for the Board's regular meetings in Wilmington, North Carolina, and the following
members were present and absent:
PRESENT:
Robert G. Greer, Chairman
E.L. Mathews, Jr., Vice-Chairman
Sandra Barone
William A. Caster
William Sisson
ABSENT:
None
Chairman Greer, as presiding officer of the Board, stated that one of the purposes of the
meeting was to consider and take action on a bond resolution providing for the issuance of
$30,000,000 General Obligation School Bonds, Series 1995 of the County of New Hanover,
North Carolina.
Commissioner Caster then introduced the bond resolution (the "Bond Resolution ")
entitled "Resolution Providing For the Issuance of $30,000,000 General Obligation School
Bonds, Series 1995 Of The County of New Hanover," a copy of which was submitted to the
meeting, and moved that it be adopted.
Following discussion of the Bond Resolution, Commissioner Sisson seconded the
motion and the Bond Resolution was adopted by the following vote:
AYES:
Robert G. Greer, Chairman
E.L. Mathews, Jr., Vice-Chairman
Sandra Barone
William A. Caster
William Sisson
NAYS:
None
JK59895.1
..
AFFIDAVIT OF PUBLICATION
Sl'ATE OF NORTII CAROLINA,
COUNTY OF NEW HANOVER
NOTICE OF SALE
$21,000,000
COUNTY OF NEW HANOVER, NORTH CAROLINA
GENERAL OBLIGATION SCHOOL BONDS, SERIES 19!15
Sealed bida will be received until 11:00 A.M., North Carolina
Time, August 22, 1995: by the undersigned at its office in the
Albemarle Building, 4th Floor, Room 411, 325 North Salisbury
Street, Raleigh, North Carolina, at which time and place such bida
will be opened.for $21,000,000 General Obligation School Bonda,
Series 1995, of the County of New Hanover, North Carolina (the
rCounty"), dated September I, 1995 and maturing on March 1
(subject to the right of prior redemption as herein8&r set forth)
annually, $575,000 .1997 to 2002, inclusive, $800,000 2003,
$1,350,000 2004 to 2006, inclusive, $1,625,000 2007, $2,150,00 2008,
$2,175,000 2009 and $2,250,000 2010 to 2012, inclusive, and bearing
interest at fixed rates. There will be no auction.
The bonda are'part of an issue of $30,000,000 General Ob~-
tion School Bonda, Series 1995 of the County, the balance of which
consists ofbonda maturing on March 1,2013 to 2016, inclusive, and
beari"!{ interest at adiustable ratas (the "Adjustable Rate Bonda").
The Acijustable Rate Bonda will be sold at private aale and delivered
the aame time as the bonda now being offered.
The bonda will be iasued in "'l!!stered form by means of a book-
entry ~ystem with no physical distribution of bond certificates made
to the public. One bond certificate for each maturity will be issued to
The Depository Trust CompallJ, New York, New York ("DTC") and
immobilized in its custody The book..,ntry system will evidence
ownership of the bonda in the principal amount of $5,000 or any
multiple thereof,.with transfers of ownership effected on the recorda
of DTC anet i.ts.participants pursuant to rules and procedures eetab-
Iished by DTC and Its participants. The successful bidder, as.a
condition to delivery of the bonda, shall be required to deposit the
bond certificates with DTC, registered in the name of Cede & Co., its
nominee. Interest on the bonda will be payable semiannually on each
March 1 and September 1 commencing March I, 1996, and principal
of and any redemption premium on the bonda will be payable, at
maturity or upon prior redemption, to DTC or its nominee as regis-
tered owner of the bonds. Transfer of principal, interest and any
redemption premium payments to partIcipates of DTC will be the
responsibility ofDTC; transfer of principal, interest and any redemp-
tion premium payments to beneficial owners of the bonda by partici-
pants ofDTC will be the responsibility of such participants and other
nominees of beneficial owners. The County win not be responsible or
[i!l.b1e for such transfers of payments or for maintaining, supervising
or reviewing the recorda maintained by DTC, its partiCIpants or
persons acting through such participants.
In the event (a)DTC determines not to continue to act as
securities depository for the bonda or (b) the County determines that
continuation of the book..,ntry system of evidence and transfer of
ownership of the bonda would adversely affect the intereste of the
beneficial owners of the bonda, the County.will discontinue the book-
entry system with DTC. If the County fails to identify another
quafified securities depository to replace DTC, the County will
deliver replacement bonda in the form offully-registered certificatas.
. The bonda "';11 be general obligations of the County and the
fa;th and credit of the County are pledged for the payment of the
principal of and interest on the bonda. '
First-Citizens Bank & Trust Company, Raleigh, North Caroli-
na, has been appointed the bond registrar, transfer agent and paying
agent for the bonda. .
The bonda maturing prior to March I, 2006 will not be subject
to redemption prior to maturity The bonda maturing on March I,
2006 and thereafter will be subject to redemption Prior to maturity,
at the option of the County, from any moneys that may be made
svailable for such purpose, either in whole on any date not earlier
than March I, 2005 or in part in inverse order of their maturities on
any interest payment date not earlier than March 1,2005 at the
pnncipal amount ofth.; bonda to be redeemed, together with interest
accrued thereon to the date fixed for redemption, plus a redemption
premium of 1/2 of 1% of the principal amount of each bond' to be
n.Iee~.fo. each period.of 12 montha or..part thereof between the
redemption dale and the maturity date of such bond, such premium
not to'exceed 2% of such principal amount. If less than all of the
bonds ~f anyone .maturity shall be called for redemption. the particu-
lar bon~ or portIOns ofbonda to be redeemed shall be selected by the
County In such manner as th~ Go"".ty may determine; provided,
however, that DTC and Its partlclpantilshall make such selection as
long as a book-entry system with DTC is involved.
. Notice of ~empii?n shall be giv~n by certified or registered
mad to DTC or Its nominee as the regIstered owner of the borids
Such notice shall be mailed not more than 45 days nor lesS than 30
days I1nor to the da~ fixedfor redemption. The County will not be
DTt:I~/.: '~':m=l.ng notices of redemption to 8ny~ne other than
Bidders, are requested to name the interest rate or rates in
nultlples ofl/4 or lil0 of 1 %, and each bidder'must specify in his'bid
:he amount and the maturities of the bonda of each rate. No interest
-ate named for any given maturity may be lower than the interest
-ate named for any prior maturity No bid may name more than six
nterest rates. All bonda maturing on the saine date must bear
'ffilef'!'at at the aame rate. The bonda will be awarded to the bidder
~ enng to purchase the bonda at the lowest interest cost to the
,ounty, ~ch CO!'t to be determined by deducting the total amount of
'hY il:.re~~ b~ f!'o:r the ag:greg~te amount. of interest upon all of
e thn m delr a~ ~td their respective maturities. No bid of
"'" an par an accrued Interest will be enlertained.
Each bid must be submitted on a form to be fu . hed b th
nd~igned, must be enclosed in a sealed envelope ~:ed "Bid r. e
<>0. (County of New Hanover)" and must be accom 'ed b or
Ilie.al bank check, a cashier's check or a certified en yan
.corporated bank or trust compan r. $420 000 ec upon an
onally to the order the State Tre Y or ofN' h C' pay~ble uncondi-
:) i te t 'II be II asurer ort arohna on which
.~ ::SboWl a owed. Award or rejection ofbidawill ~madeon
,e a a ve stated for rec:eipt o(bida and the checks ofunsuccess-
Before the undersigned, a Notary Public of said County and State,
J.UlIE JONES
who, being duly sworn or affinned. according to the law, says that he/she is
CL~SSIFIEC ADVERTISING MA~AGER
of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the
Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON
MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington
NOTICE OF SAlE$21,OOO,OOCCOUNT
Y CF NEW HA NOVE R, NOR TH C ARCl I
~AGENERAL oelIGATION SCHOCl Be
~21,OOO,OOO SCH
was inserted in the aforesaid newspaper in space, and on dates as foliows:
8116,IX
1995
and at the time of such publication Wilmington Star-News was a newspaper meeting all the
requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
~MML c:.L~O lOVER. KG~
17TH
day
Title
Sworn or affinned to, and subscribed before me, this
ofAUG ,A.D., 19 95
In Testimony Whereof, I have hereunto set my hand and affixed. my official seal, the day and
year aforesaid.
~~.
~ /
~taryPubliC
My commission expires 21 s t day of JUNE ,19 99
ertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly
'ly served on the defendant(s).
Clerk of Superior Court