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1993-09-07 RM Exhibts New Jlannuer <Hl1UUtl1 iBnarh nf Qtnmminninncrn ~roclamation WHEREAS, conserving our state's natural and wildlife resources is one of the most important responsibilities we have to this and future generations of North Carolinians; and ~ I :1 ~ I =1 ~I WHEREAS, hunters and anglers were among the first to realize this responsibility almost 100 years ago when they saw how expanding civilization and unregulated exploitation had caused disastrous declines in fish and wildlife populations throughout North Carolina; and WHEREAS, North Carolina hunters and anglers took steps to reverse this trend, by helping organize the conservation movement, supporting laws to stop uncontrolled exploitation of wildlife, aiding in establishing game and fish laws and enforcement and management practices; and WHEREAS, they also suggested and supported laws to establish hunting and fishing license fees and special taxes on hunting and fishing equipment to pay for conservation programs; and .1 I WHEREAS, in 1992, North Carolina hunters and anglers contributed almost $25 million to the North Carolina Wildlife Resources Commission for fish and wildlife management programs; and WHEREAS, the conservation programs supported and financed by North Carolina sportsmen have benefitted hundreds of wildlife and fish species from quail, rabbits, deer, wood ducks, geese, wild turkeys, largemouth bass, striped bass and brook trout to otters, alligators, American bald eagles, peregrine falcons, brown pelicans and songbirds -- fish and wildlife that all North Carolinians can enjoy. NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners do hereby proclaim September 25, 1993, as "Hunting and Fishing Day" in New Hanover CQunty and urge all our citizens to recognize the roles of these men and women in ensuring the wise and proper management of our natural resources. Adopted this the Seventh day of September. J.993. {1' ~~~ 'Ii>' r~' :~ i: Jl). Robert G. Greer, Chairman I< ~ ,.) Ji ~I !\:) ...2~(~ . . . . . . . II II II . . . . . . . II II II II . . II II II . II II II II II II II II II II . . II II II . II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 1~~1 INTRODUCED BY: Allen O'Neal, County Manager DATE: September 7, 1993 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 817 WALNUT STREET LEGISLATIVE INTENT/PURPOSE: This resolution relates to the sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel No. 048-13-037-011.000 Address 817 Walnut Street Amount of Offer $5,300.00 Tax Value $6,864.00 Offeror: Christine Beck 1707 Princess Street Wilmington, N. C. 28401 The offer(s) has been advertised for upset bid in accordance with N.C.G.S. 160A-269 and there have been no qualifying upset bids for the identified parcel(s). The parcel(s) have been declared surplus by the County Commission and not needed for public purposes. RESOLVED: 1. That pursuant to N.C.G.S. 160A-269, the county Commission does hereby accept the offer(s) to purchase identified herein from the offeror(s) as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That New Hanover County will retain any deposit posted by the offeror(s) when: a. The offer is withdrawn after posting the deposit. b. The offeror(s) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. That any amount shown due on any attached list for liens be waived in total. 5. That the Chairman of the county Commission be and is hereby authorized to execute a deed without warranties to the offeror(s) as designated herein. Adopted at ~Jr,g~l.ar7 meeting on ~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3: 00 p.m. on the 24th day of August, 1993, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for one precision lathe for the WASTEC Facilty of the Environmental Management Department, Bid # 94-0037: Davis-Taylor-Forster Company $39,879.75 AND WHEREAS, the Environmental Management Department, the Finance Director and the County Manager recommend that the contract be awarded to Davis-Taylor-Forster Company of Richmond, Virginia, the only responsible bidder, in the amount of Thirty-nine Thousand Eight Hundred Seventy-nine Dollars and Seventy-five Cents ($39,879.75); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4195-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for one precision lathe for the WASTEC Facility, of the Environmental Management Department, Bid # 94-0037 be awarded to Davis-Taylor-Forster Company of Richmond, Virginia in the amount of Thirty-nine Thousand Eight Hundred Seventy-Nine Dollars and Seventy-five Cents ($39,879.75); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. of September, 1993. 1?J)6~ Chairman, Board of County Commissioners ~: I, j . \(/' ;r~ C 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 Finance Department at 3:30 p.m. on the 24th day of August, 1993, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for one turret milling machine for the WASTEC Facilty of the Environmental Management Department, Bid # 94-0063: Davis-Taylor-Forster Company $16,161.00 AND WHEREAS, the Environmental Management Department, the Finance Director and the County Manager recommend that the contract be awarded to Davis-Taylor-Forster Company of Richmond, Virginia, the only responsible bidder, in the amount of Sixteen Thousand One Hundred Sixty-one Dollars ($16,161.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4195-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for one turrent milling machine for the WASTEC Facility, of the Environmental Management Department, Bid # 94-0063 be awarded to Davis-Taylor-Forster Company of Richmond, Virginia in the amount of Sixteen Thousand One Hundred Sixty-one Dollars ($16,161.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This of September, 1993. ~L-J~ Chairman, Board of County Commissioners -" ....- RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3: 00 p.m. on the 17th day of August, 1993, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for One (1) Integrated Tool Carrier for the New Hanover County Landfill, Bid # 94-0036: Gregory Poole Equipment Co. - Option # 1 Single Price Method $86,691.00 Equipment Price Gregory Poole Equipment Co. - Option # 2 Total Cost Method $ 86,691.00 +46,674.00 -30,000.00 $103,365.00 Equipment Price Repair and Maintenance Cost Guarantee Buy Back Price TOTAL COST AND WHEREAS, the Environmental Management Director, the Finance Director and the County Manager recommend that the contract be awarded by the Total Cost Method to Gregory Poole Equipment Company, a Delaware corporation, the only responsible bidder, in the amount of One Hundred Three Thousand Three Hundred Sixty Five Dollars ($103,365.00); AND WHEREAS, the initial purchase will amount to Eighty-six Thousand Six Hundred Ninety One Dollars ($86,691.00), the Maintenance and Repair Expenses will be paid as incurred up to maximum guaranteed amount of Forty six Thousand Six Hundred Seventy Four Dollars ($46,674.00), and the decision to utilize the buy back clause in the amount of Thirty Thousand Dollars ($30,000.00) will be made at the end of the five year period of usage; AND WHEREAS, funds have been previously appropriated and are now in or will be available in subsequent year's Account No. 700-480-4191-5940 or 700-480-4191-3920 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for One (1) Integrated Tool Carrier for the New Hanover County Landfill, Bid # 94-0036 be awarded by the total cost method to Gregory Poole Equipment Company in the amount of One Hundred Three Thousand Three Hundred Sixty Five Dollars ($103,365.00); and that the County is -. ... - , hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. of September, 1993. 1Z~ Chairman, Board of County Commissioners ~: ~ .~~~ CI rk to the Board . bvV!\ "'-. .... I ;,..... '- R E COR II t:. L' c" '. 'J ,Co '" i ,~U MARY ~)UE '.:'OT~ Rt:I"I(,"'~tn OF Di:EDS '- \) ..:J I CAROLIN~EW HANOVER CO. NC. Prl 3 3~ ~{/~ 1 7 0 2 098 1 STATE OF NORTH '93 SEP 23 COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing an Unnamed ORDER ~oad Stub (Eastwind Subdivision) 00008'1 It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close an unnamed road stub was adopted by the County Commissioners on the 7th day of July, 1993, and it further appearing that said resolution called for a hearing to be held on the 2nd day of August, 1993, at which time the Co~nty Commissioners would hear complaints and comments of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that this road stub in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public interest, and that no individual owning property in the vicinity of the road stub will be deprived of reasonable means of ingress and egress to his property by such closing, the legal description of said road stub being as follows: Beginning at a point in the southwestern right-of- way of the unnamed road which is the northwestern corner of lot 86, Section 3 of Eastwind Subdivision recorded in Map Book 19, Page 73 of the New Hanover County Registry, commencing from said point 190.46 feet east to the southeast corner of said right-of-way which is the northeast corner of lot 86, Secti9n 3, Eastwind Subdivision extending from said point 60' feet north to the northeastern right-of-way of the unnamed road which is the southeastern corner of lot 85, Eastwind Subdivision extending from said point 190.46 feet west to the northwestern right-of-way line of said unnamed road which is the southwestern corner of lot 85 Eastwind Subdivision extending 60 feet south to the point of beginning. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road stub be and the same is hereby closed excepting a thirty (30) foot drainage easement along the entire length of the road stub adjacent to the Simmerman property (parcel "A" attached map) for purposes of drainage. It is further ORDERED that a copy of this order be filed in the-Office of the Register of Deeds of I\ET\lRKEOtO. ~.pc ",J~ J. ~o-- ~().V~ ~""S ~ f(P6' o 1J P J OIfv . :3 ~ I - New Hanover County, North Carolina. Adopted 800;"\ 170 2 day of September, 1993. ~~ Robert G. Greer, Chairman Attest: PAGE 098 2 ~ - .- .v ~ = (I) S BOOK PAGE ~ a. ? t=' 1 7 0 2 098 3 C - ., = -. /I ~ Z ~ -. 8 = () r ~ ~ '-l -. 5 :I (l) Q.. CIJ - C ~ e" w a. -. ;S. rI) -. Q :I n )> (/) JTI ~ I U1 U) AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: Revise Section 80-1, Off-Street Parking and Loading, second sentence to read: Such off-street parking may be provided on graded improved open space or in an elevated parking structure or a designated docking space on adjoining navigable waters (4/6/92), except that all non-residential parking shall be located no less than eight (8) feet from any street right- of-way line (public or private), access easement, or passageway. 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 heal th, safety, morals, and general welfare of the inhabi tants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this ~LlM Robert G. Greer, Chairman Attest: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on HOLT ROAD, located in Masonboro Township, numerical range 5100-5499. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, and for the convenience of the general publici and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the CountYi and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 7th day of September, 1993, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at the County Courthouse and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is ordained and decreed that the above house number assignments be made. It is further ordered that a copy of this ordinance be transmitted to the Postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 Dispatcher and to any city within five miles of said road in accordance with N.C. General Statute 153A-240. Adopted this Attest: ~\(//~Cy( erk to the Board ., ....) .........J' RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD Castle Hayne Community WHEREAS, a petition OAK has STREET been filed pursuant to N.C.G.S. 153A-241, requesting the Board of Commissioners of New Hanover County to close the following described public roadi Beginning at a point in the southwest corner of the Oak Street right-of-way which is the northwest corner of lot 10 of Castle Hayne recorded in Plat Book 48, Page 150 of the New Hanover County RegistrYi thence from said point 305 feet east to the northeast corner of lot 20 which intersects with Blossom Streeti thence from said point 50 feet north or the southeast corner of lot 11 which is the northeast point of the Oak Street right-of-waYi thence 305 feet west to the southwest corner of lot 1 which is the northwest point of Oak Streeti thence 50 feet south to said point of beginning. Also, beginning at a point in the southwest corner of the Oak Street right-of-way which is the northwest corner of lot 10 of Castle Hayne recorded in Plat Book 48, Page 150 of the New Hanover County RegistrYi thence from said point 330 feet east to the northeast corner of lot 20 which intersects with the western right-of-way of Orange Streeti thence 50 feet north from said point or the southeast corner of lot 11 which is the northeast point of the Oak Street right-of-waYi thence 330 feet west to the southwest corner of lot 1 which is the northwest corner of Oak Streeti thence 50 feet south to said point of beginning. NOW, THEREFORE, BE IT RESOLVED, that this Board is considering closing said road to public use, and that a public hearing on this question will be held on the 4th day of October, 1993, at 7:30 p.m. in the' Assembly Room of the County Administrative Building at 320 Chestnut Street, Wilmington, N.C., at which time the Board will hear all interested citizens and make a final determination-as to whether the unopened road shall be closed. -'" The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 8th day of September, 1993. WM- Robert G."Greer, Chairman Attest: ". RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD WOODLAWN AVENUE SUMMER HAVEN SUBDIVISION WHEREAS, a petition has been filed pursuant to N.C.G.S. 153A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a public road; Beginning at an iron pipe at the intersection of the northern line of Beech Street, (33.00 foot wide right-of-way) and the Eastern line of Woodlawn Avenue (33.00 foot wide right-of-way) as shown in Map Book 15 at Page 14 of the New Hanover County Registry; said beginning point also marks the southwest corner of Lot 69 of said Summer Haven Subdivision and runs thence; from the point of beginning along the eastern line of said Woodlawn Avenue and along the western line of Lots 69 through 79 of said subdivision north 37 degrees 00 minutes 00 seconds east 315.79 feet to iron pipe which marks the northernmost corner of lot 79; thence north 07 degrees 49 minutes 1~ seconds west 46.80 feet to a point in the western line of said Woodlawn Avenue; thence along the western line of said Woodlawn Avenue south 37 degrees 00 minu~es 00 seconds west 348.82 feet to a concrete monument in the northern line of Beech Street; thence south 52 degrees 42 minutes 45 seconds east 33.00 feet to the point of beginning and containing 10,420 Sq. Ft., more or less. NOW, THEREFORE, BE IT RESOLVED, that this Board is considering closing said road to public use, and that a public hearing on this question will be held on the 4th day of October, 1993, at 7:30 p.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, wilmington, N.C. at which time the Board will hear all interested citizens and make a final determination as to whether the unopened road shall be closed. .- The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 8th day of September, 1993. 2J)~ Robert G. Greer, Chairman Attest: RESOLUTIONS OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County recognizes the importance of enhancing and protecting the water quality in our estuarine creeks and sounds; and WHEREAS, the County stands committed to ensuring the protection of these vital natural resources through the use of every means at its disposal; and WHEREAS, New Hanover County has received a grant from the North Carolina Department of Environment, Health and Natural Resources to demonstrate the effective use of constructed wetlands as an economical, low tech al ternati ve treatment mechanism for landfill leachate; and, WHEREAS, the contract for said grant between New Hanover County and the North Carolina Department of Environment, Health and Natural Resources was presented at a public hearing held on September 7, 1993 and approved unanimously by the County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY that the Chairman of the Board of Commissioners and the Clerk be and they are hereby authorized to sign and execute said contract for and on behalf of New Hanover County and forward the same to the North Carolina Department of Environment, Health and Natural Resources; and that upon final execution, a copy of said contract be filed with the minutes. This the 7th day of September, 1993. 0?L46~ Robert G. Greer, Chairman Attest: AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County hereby enacts the following to be codified in Chapter 12, Offenses, New Hanover County Code: Article VIII. Venus Fly Trap Protection Section 12-66 Plant Removal No person, firm or corporation shall dig up, pull up or take from the land of another or from any public domain, the whole or any part of any Venus fly trap (Dionaea muscipula), without having in his possession a permit to dig up, pull or take such plants, signed by the owner of such land, or by his duly authorized agent. Section 12-67 Penalties a). Any person who shall violate the provisions of this Article shall be guilty of a misdemeanor, punishable by a fine of not more than fifty dollars ($50.00) in the discretion of the court, as provided by the General Statutes of North Carolina. b). A citation may be issued which subjects the offender to a civil penalty of fifty dollars ($50.00), and may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. c). This chapter may be enforced by anyone (1) or more of the sanctions, penalties, and punishments specified above. ADOPTED this the 7A.J day of ~J~/ , 1993. [SEA New Hanover County /f?~~ Chairman Board of County Commissioners C erk to the