Loading...
HomeMy WebLinkAbout1995-08-21 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-' -&'T N >-:3 ---.J---.Jf-'I.O ---.J 0 .j::--~.j::--OOOO rt f-'f-'N.j::-----.JO OJ ~~~~~~ f-' UlUlf-'W.j::--o\ .j::--.j::-----.J1.O.j::--0\ >-:3 .j::--.j::--UlOo\.j::-- OJ ~ 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 O"D e, ~ ~\ f-' '"i V ~ ~. r- s- ~':J '"i .J . L,("o o . -' H1 :::0(' :::0 Ol [jJ ~'fO [ ~ '"i. f-J. ~ ~ [ 1 :::0 (0 [jJ '0 (0 n rt H1 C f-' f-' '< "D H 0\ 0\ "D (0 ~ - - (0 '"i rt W ow '"i [jJ (0 0 ::>0 [jJ 0 '"i - 00l_ 0 ~ (0 \.0 ;:t>O '"i I.O~ Ol [jJ lJ1 r::r f-' OQ ~Ol f-' rt Ol f-'(O f-' 0 rt (0 [jJ 0 Ol 0 0 (0 n 0 Ol ~ 0 ~ i3 rt ;:t> ~ ~ p.. f-' rt (0 f-J. p.. rt p.. f-' '"i ~ 0 p..'"i :::0(0 0 rt ~ (0 0 :::0 (0 n f-' [jJ [jJ p..f-'(O Ol rt Ol f-'(O f-' p.. -&7 N W 1.0 \.0 -&7 -&7 -&7 lJ1 -...J f-' f-' WW f-' f-' W I f-' ~ ~ ~ ~ ~ 1.0 WW WlJ1-...J~1.O WW W~-...J~W CXJCXJ \.0 0 -...J f-" 0 ~~ -...JlJ1~N Z 0 NN ~-...JCXJlJ1 (j) trJ trJ ::E:: >-3 >-3 ::r:: r ;:t> ~ Z 0 trJ -< Z trJ >-3 :::0 -&7 -&7 -&7 I 0 0 '"Ij 0 ~~ N 0\1f-' c::: ~ ~ ~ ~ \.0 t:1 Z 1.0 \.0 Wf-'lJ1CXJ\.O trJ >-3 00 \.OCXJ\.OCXJN r ~ WW N-...JCXJlJ1 H . . Z '"Ij 0 NN CXJ~O~ .0 H 0 f-' f-' NO\lJ1~ c::: :::0 trJ trJ Z >-3 t:1 H >-3 (j) ;:t> >-3 ><: :::0 trJ H (j) 0 >-3 -&7 -&7 -&7 I NN WGJ N O\'"'d '"i f-' f-' ~ CXJ W 0 f-J. NN~lJ1-...J~O ~~NW~O\'"i OI.O\.OlJ1O\-...JW ONNlJ1-...JO\CXJ N -&7 -&7 -&7 WW f-' ~ f-'f-'f-'O\NO\>-3 ~~~~~~O WWf-'lJ1-...JWrt 0\ 0\ -...J CXJ lJ1 -...J Ol 0\ 0\ lJ1 f-' 0 W f-' OlJ1lJ1f-'-...JNO>-3 OlJ1lJ1f-'O\.O-...J~ :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