1993-09-20 RM Exhibts
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
CROSSWINDS DRIVE
WHEREAS, the attached petition has been filed with the Board of County
commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road system; and
WHEREAS, the Board of county commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resol ution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
20th day of September , 1993.
J~_~TNESS my hand and official seal this the
~~) , 1993.
cl k/C
day of
of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of 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:
LANSDOWNE ROAD
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
20th day of September , 1993.
~s my hand,a~~9~:ficial seal this the q(~
day of
Luci F. Harrell, Clerk
New Ha over County Board of
Commissioners
Form SR-2
please Note: Forward direct to the District Engineer, Division of 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:
SONDEY ROAD EXTENSION
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 resol ution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
20th day of September , 1993.
~~y hand,a~~9~:ficial seal this the q(/~
day of
~<I</ /~
Lu 'e F. Harrell, Cler~
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of 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 GREENBRIAR SUBDIVISION
(SECTION 2E)
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
20th day of September , 1993.
,)~-WITNESS my hand and official seal this the O?/~
Yjlf~.a.v , 1993.
day of
Lu ie F. Harrell, Clerk
New anover County Board of
Commissioners
Form SR-2
please Note:
resolute.wp
,
Forward direct to the District Engineer, Division of Highways.
I
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 on the 26th day
of August, 1993, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following
bids were received for a Computer Aided Dispatch System for the 911
Emergency Center of the Sheriff's Department, Bid # 94-0035:
IBM Corporation
Option 1
Option 2
Intergraph Corporation
$ 620,227.00
$ 676,531.00
$1,010,284.00
AND WHEREAS, all bids received were determined to be
non-responsive due to significant deficiencies;
AND WHEREAS, the Sheriff's Department, the M.I.S. Director,
the Finance Director and the County Manager recommend that all bids
received be rejected and that staff re-bid the Computer Aided
Dispatch System;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of New Hanover County that all bids received for the
Computer Aided Dispatch System for the Sheriff's Department,
Bid # 94-0035 be rejected and that the staff is hereby authorized
and directed to re-bid the Computer Aided Dispatch System.
BE IT FURTHER RESOLVED that the Purchasing Agent is hereby
authorized to return the bid deposits to the unsuccessful bidders.
of September, 1993.
/f?,u1J 6L-
Chairman, Board of County Commissioners
~/L
.~ ~
C k to the Board
.
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 08/31/93
CURRENT TAX YEAR - 1993
~--------------~-----~-
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
TOTAL L':VY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
__________1
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO OATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
.
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
EMS COLLECTIONS
AD VALOREM
......--..........-----....
$ 42,360,827.18
1,3B1,220.00
17,254.60-
----..-----....--
$ 43,724,792.58
.00
16,931.97
....--...--------..--
$ 43,741,724.55
1,512,031.29-
___....__~....__801...
$ 42,229,693.27
3. 46 ~~
$ 2,975,847.75
912.16
13,443.54--
...,... ---.,.--_...."..,--
$ 2,963,316.37
288,439.37-
___..__.....__..__C"I
$ 2,674,877.00
9.73%
AUG 1993
--~--------..
302,772.75
4,142.50
.CO
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR
CITY OF WILMINGTON! WRIGHTSVILLE BEACH, CAROLINA
BEACH-TO DATE - $3,682,547.79.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,
VSPECTFULLY SUBMITTED,
, . ~ f<.~ 'nfrV
AYh(..I~ . ~ '( .
PATRICIA J. YNOR
COLLECTOR 0 REVENUE
CONSENT AGENDA
DA TE: _Jt3.~;Y!__
I TEM NO. ___6___
Recommend approval.
.
MOTOR VEHICLE
..._--..-~.._---
$ 934,657.94
5,014.07
7,679.38-
------------
$ 931,992.63
.00
.00
-----------
$ 931,992.63
528,698.37-
..----..-----
$ 403,294.26
56.73%
FISCAL YTO
-----~------
528,015.20
10,495.50
.00
NEW HANOVER COUNTY,
gEACH AND KURE
1993.
.
NEW HANOVER COUNTY ~IRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 08/31/93
CURRENT TAX YEAR - 1993
----------------~-~----
ORIGINAL TAX LEVY PER SCROLL
OISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAG~ COLLECTED
AD VALOREM
,.__..__.......____1_
$ 917,009.89
70,324.63
300.92'"
..____-.a_______~
$ 987,533.60
400 . 5 8
--..--------.......
$ 987,934.18
43,628.38-
---....--------
$ 944,305.80
4.42%
3ACK TAXES
---------..
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING 3ALANCE
PERCENTAGE COLLECTED
. THIS REPORT IS FOR FISCAL '(EAR
~ECTFULlY SUBMITTED,
pYrmik'~.~\-OR ~iroV
COLLECTOR OF~VENUE
CONSENT AGENDA
OAT E : __9Jl9.L2-3.-_
ITEM NO.__Z___
49,189.47
368.16
314.70-
----.:...---.,.--.....-
$ 49,742.93
5,413.90-
...----------..
$ 44,329.03
10.88%
BEGINNING JULY 1, 1993.
Recommend approval.
.
MOTOR VEHICLE
..----....------
$ 23,493.67
224.53
251.45"
...--------....-
$ 23,466.75
.00
----------....
$ 23,466.75
13,723.47-
--.....---..----
S 9,743.28
58.48%
..;.\
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Extracts from Minutes of
Meeting of September 20. 1993
Present: Chairman
Robert G. Greer
presiding, and Commissioners
Sandra Barone, William A. Caster, E. L. Mathews, Jr.,
William Sisson, Jr.
Absent: None
* * * * * * * *
Commissioner
Mathews
introduced the
following resolution, the title of which was read:
APPROV AL IN PRINCIPLE OF INDUSTRIAL PROJECT FOR
EFSON, INC., AND THE FINANCING THEREOF WITH
INDUSTRIAL REVENUE BONDS IN THE PRINCIPAL
AMOUNT OF UP TO $3,500,000
WHEREAS: The New Hanover County Industrial Facilities and Pollution Control
Financing Authority (the Authority) has agreed to assist in the financing under the North
Carolina Industrial and Pollution Control Facilities Financing Act (the Act) of an industrial
project by Efson, Inc., a North Carolina corporation (the Company), to acquire, construct
and install a 63,400 square foot injection molding manufacturing facility in New Hanover
County (the Project) and has indicated that agreement by the execution of a Memorandum of
Inducement between the parties dated November 20, 1992, and;
WHEREAS: Under G.S.-~. 159C-7 each project must be approved by the Secretary
\
of the Department of Commerce and, under Chapter 588 of the 1987 North Carolina Session
Laws, the Federal Tax Reform Allocation Committee must allocate a sufficient amount of
North Carolina's "private activity bond limit," as defined in Section 141 of the Internal
Revenue Code of 1986, as amended (the Code) to the financing; and
WHEREAS: The Rules and Procedures of the North Carolina Department of
Commerce require that the governing body of a county approve in principle any project to be
financed under the Act; and
WHEREAS: This Board of Commissioners has today held a public hearing with
respect to the advisability of the Project and the issuance of bonds therefor; and
WHEREAS: Section 147(t) of the Code requires that the Board of Commissioners
approve the plan of financing for the bonds; and
WHEREAS: New Hanover County (the "County") has experienced "especially severe
unemployment" because of the loss of 436 job)n the County in 1993 due to plant closings;
NOW, THEREFORE, the Board of Commissioners of New Hanover County, meeting
in regular session at Wilmington, North Carolina, on September 20, 1993, do the following:
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR NEW
HANOVER COUNTY:
1. The proposed "industrial project" consisting of the acquiring, constructing and
installing of a 63,400 square foot injection molding manufacturing facility in New Hanover
County and the issuance of bonds in an amount not to exceed $3,500,000 therefor are hereby
approved in principle.
2. The Board of Commissioners hereby requests that the proposed industrial
project be approved notwithstanding the fact that the operator will not pay an average weekly
manufacturing wage which is above the average weekly manufacturing wage paid in the
County or at least 10% above the average weekly manufacturing wage paid in the State of
2
North Carolina.
3. The Board of Commissioners hereby requests the Federal Tax Reform
Allocation Committee to allocate up to $3,500,000 of North Carolina's 1993 "private activity
bond limit," as defined above for the financing of the Project.
4. . The Board of Commissioners hereby approves the plan of financing as
required by Section 147(t) of the Code.
Commissioner
and Commissioner
by the following vote:
Ayes: Commissioners
Ma thews moved the passage of the foregoing resolution
Caster seconded the motion, and the resolution was passed
Greer, Mathews, Caster, Barone & Sisson
Nays:
Not voting:
None
N/A
*******
3
. .'
I, Lucie F. Harrell, Clerk to the Board of Commissioners for the County of New
Hanover, North Carolina DO HEREBY CERTIFY that the foregoing is a true and complete
copy of so much of the proceedings of the Board of Commissioners for said County at a
regular meeting duly called and held September 20, 1993, as it relates in any way to the
resolution hereinabove set forth, and that said proceedings are recorded in Minute Book
~ of the minutes of said Board. Pursuant to N.C.G.S. ~ 143-318.12, a current copy of
a schedule of regular meetings of this Board is on file in my office.
WITNESS my hand and the common seal of said County, thi~day of September, 1993.
4
..I,
en
co
en
'9
;;;
(0
6
o
"i'
>-
Cl
~
o
<(
el
z
W
<l.
<D
Cl
Z
o
<D
a:
w
rJJ
<(
..J
::;:
a:
o
LL
I'!-
I
i
I
/1
EXHIBIT B
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN RE: PUBLIC HEARING -
CONSIDERATION OF ISSUANCE AND
SALE OF $3,500,000 INDUSTRIAL
REVENUE BONDS BY THE NEW
HANOVER COUNTY INDUSTRIAL
FACILITIES AND POLLUTION
CONTROL FINANCING AUTHORITY
FOR EFSON, INC.
TRANSCRIPT OF EXCERPT
OF THE MEETING OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
HELD 20 SEPTEMBER 1993
The following pages numbered three (3) through seventeen
(17), inclusively, constitute a transcript of an excerpt of the
meeting of the New Hanover County Board of Commissioners held
Monday, 20 September 1993, in the First Floor Assembly Room of
the New Hanover County Administration Building located at 320
Chestnut Street, Wilmington, New Hanover County, North
Carolina, regarding the above captioned matter, which was
Agenda Item #8, beginning at 9:32 a.m.
PATTI K. HOLLAND, CCR
Post Office Box 4606
Wilmington, NC 28406
Telephone: (919) 799-4785
0f0
~b~
** ORIGINAL **
en
co
en
'9
;;;
(0
6
o
"i'
>-
Cl
z
a
<(
el
z
W
<l.
<D
Cl
Z
o
<D
a:
w
rJJ
<(
..J
::;:
a:
o
LL
!
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS:
NEW HANOVER COUNTY
INDUSTRIAL FACILITIES AND
POLLUTION CONTROL
FINANCING AUTHORITY:
EFSON, INC.:
DEPARTMENT OF COMMERCE,
STATE OF NORTH CAROLINA:
(2
APPEARANCES
ROBERT G. GREER, CHAIRMAN
E. L. MATHEWS, JR.
WILLIAM A. CASTER
SANDRA BARONE
WILLIAM SISSON
WALLACE C. MURCHISON
Murchison, Taylor, Kendrick,
Gibson & Davenport
16 North Fifth Street
Wilmington, NC 28401
FRANKLIN L. BLOCK
Block & Trask
520 Princess Street
Wilmington, NC 28401
STEVEN AGNOFF
Efson, Inc.
2635 North Chase Pkwy., S.E.
Wilmington, NC 28405
RICK G. WATSON
Department of Commerce
Business/Industry Dev. Div.
2202 Burnett Boulevard
Wilmington, NC 28401
** ORIGINAL **
(3
1
BY CHAIRMAN GREER: Item 8 on our Agenda, this is a
2 public hearing consideration of issuance and sale of $3,500,000
3 Industrial Revenue Bonds by the New Hanover County Industrial
4 Facilities. and Pollution Control Financing Authority for Efson,
5 Incorporated project.
6 Wallace Murchison, good morning.
7
BY MR. MURCHISON: Good morning. I'm Wallace
8 Murchison, attorney for the New Hanover County Industrial
9 Facilities and Pollution Control Financing Authority. This
10 morning we have advertised for a public hearing on this
11 project, so we would ask that there be a motion passed to open
12 the public hearing.
13
BY COMMISSIONER MATHEWS: Motion.
14
BY COMMISSIONER BARONE: Second.
15
BY CHAIRMAN GREER: All in favor say "Aye".
16
BY ALL COMMISSIONERS: Aye.
'"
CD
'"
"?
M
'"
6
o
"i'
17 BY MR. MURCHISON: Thank you.
18 The New Hanover County Authority issues revenue bonds
>-
o
z
a
<(
"
z
W
D.-
lD
o
Z
o
lD
a:
w
C/)
<(
..J
:;
a:
o
u..
19 for industrial projects. They are not supported by the taxing
20 power of the county. They are not obligations of the county.
21 If there is a default the county is not involved in making good
22 any default. They are supported only by the agreement of the
23 industrial firm to the amounts due on the note and on the
24 bonds.
25 This morning we are here to consider a $3,500,000
** ORIGINAL **
(4
1 revenue bond issue for a company called Efson, Inc., which is
2 headed by steve Agnoff, who is with us this morning, and the
3 attorney for the company is Franklin Block, and we would like
4 to ask him to speak briefly on the project.
5
BY MR. BLOCK: Thank you, Wallace. Thank you, Mr.
6 Chairman. My name, as you know, is Frank Block, and I
7 represent Efson in this matter. Efson is a local company that
8 is in the business of manufacturing injection molded plastic
9 parts.
In fact, a little known fact is that Efson is the
10 largest supplier of these kinds of parts to the physical
11 fitness industry in the united states, located right here in
12 New Hanover County. The business has done well and has brought
13 many jobs, currently about seventy-three, to our county, and
14 they are in the process of finding the need to expand, and they
15 have applied for this industrial revenue bond, as Wallace
16 explained, to finance that expansion.
'"
<Xl
'"
'"
M
'"
6
o
"?
17 What is hoped to be gained by this expansion is to
18 increase the manufacturing facility itself up to some 63,400
>-
o
~
o
<:
~
z
W
0..
<Xl
o
Z
o
<Xl
a:
w
en
<:
-'
::;:
a:
o
u.
19 square feet, and in so doing to increase its employment up to
20 approximately one hundred and ten. The increased manufacturing
21 facility space will allow Efson to become a much more vertical
22 kind of operation and allowing them to do such things as to
23 manufacture their own molds, which they are currently required
24 to get from out of state. So it's going to be a real addition
25 to the local economy, a real addition to the employment base of
** ORIGINAL **
(5
1 New Hanover County.
2 There is one problem that we have encountered that is
3 one of the causes for our being here today. In order to be
4 eligible for the industrial revenue bond there is a requirement
5 that the wage level of the particular p+ant applying for the
6 bond must exceed ten percent over the average wage of the state
7 for the preceding year. In the case of Efson it is our
8 anticipation that in the year 1994 that we will do exactly
9 that. In the year 1996 we will do exactly that. But in the
10 year 1992, the preceding year that is actually being looked at
11 right now, there was a need to hire a great deal of part-time
12 employees in order to keep the manufacturing process moving and
13 the great expansion that the company is experiencing, and
14 because of that the average wage fell a little bit below what
15 it is that was needed. They actually met the required amount
16 by some ninety percent. They were at ninety percent of the
m
~
m
~
M
m
6
o
~
17 figure, almost ninety percent, actually eight-nine percent, of
18 the figure that was needed for 1992.
>
o
~
o
<
~
z
w
~
m
o
z
o
m
oc
w
w
<
~
~
oc
o
~
19 So what we're asking for here today is a waiver, and
20 it's my understanding from bond counsel that the local" Board of
21 County Commissioners has the authority to grant such a waiver
22 when the number of jobs in the community have been decreased or
23 there has been a loss in number of jobs in the county of at
24 least three hundred. I believe in the materials which have
25 been furnished to you that there is indication that the number
** ORIGINAL **
(6
1 of jobs lost in New Hanover County has almost doubled that.
2 So what we're asking for now is to give "us the opportunity to
3 help make up some of that difference and to allow Efson to be
4 granted a waiver of that requirement so that we can move ahead
5 with the project, and of course the County Commissioners, as I
6 understand it, does have such authority.
7 In your materials also you should have a copy of a
8 proposed resolution. It was passed around, I think, the last
9 part of last week, and at this particular point we would of
10 course make our request that this resolution be approved by the
11 Board of County Commissioners, and if you have any technical
12 questions with regard to the processes or what is anticipated
13 out at Efson, Steve Agnoff, who is the President of the
14 company, is here also. I would point out that Mr. Rick Watson
15 from the Department of Commerce is also here, and it is my
16 understanding from him that they approved this project and they
~
~
~
~
M
~
6
o
~
17 also approved this waiver.
18 with that in mind, if there are any questions from
>
o
~
Q
~
~
z
w
~
m
o
z
o
m
~
w
00
5
~
~
o
~
19 the Board I will be happy to try to answer them myself if I
20 can; if not, Steve Agnoff is here to do just that; and if not,
21 I would respectfully request the approval of the resolution.
22 BY COMMISSIONER SISSON: I have one question.
23 Actually two.
24 Is the waiver that we're being asked to approve for
25 1992 or is it a waiver in perpetuity of the length of the
** ORIGINAL **
m
ro
m
~
M
ro
6
o
~
~
o
~
a
<
~
z
w
~
m
o
z
o
m
~
w
00
<
~
~
~
o
~
"
10
(7
1 contract?
2
BY MR. BLOCK: It's a waiver of the requirement in
3 1992, but it allows the project to go forward. Without that
4 waiver the project cannot go forward, as I understand it.
5
BY MR. MURCHISON: The language of the revised
6
resolution which was submitted to you says in Paragraph 2 that
7
the Board of Commissioners hereby requests that the proposed
8
industrial project be ~proved notwithstanding the fact that
the operator will not pay an average weekly manufacturing wage
9
which is at least ten percent above the average weekly
11 manufacturing wage paid in the State of North Carolina. So the
12 language of the resolution is not limited to any particular
13 year, and this Board does not actually make the waiver. You
14 can only request it of the Department of Commerce in Raleigh.
15 But without your request they will not grant the waiver.
16 That's my understanding of it.
17
18 of Commerce has approved this. Isn't there also a non-
BY COMMISSIONER SISSON: I understand the Department
19 pollution clause or finding that's supposed to be made when
20 these bonds are issued by the Division of Environmental
21 Management or one of those? Maybe the people from the
22 Department of Commerce can answer that question.
23
24 Raleigh.
BY AGNOFF: I was at the pre-application hearing in
25
BY CHAIRMAN GREER: Excuse me. Do you mind coming to
** ORIGINAL **
~
ro
~
~
M
w
6
o
~
>
o
z
a
<
~
z
w
~
m
o
Z
o
m
~
w
~
<
~
~
~
o
~
"
(8
1 the microphone. We need to record this.
2
(Mr. Agnoff steps forward.)
3
BY MR. MURCHISON: This is Steve Agnoff, the
4 President of Efson.
5
BY MR. AGNOFF: Hi there. I'm Steve Agnoff. I'm the
6 President of Efson. The state environmental authorities, and
7 I'm not a hundred percent sure of their titles, have already
8 indicated that there are no environmental impacts in
9 conjunction with the project, so they've given it a clean bill
10 of health and signed off on it already.
11
BY COMMISSIONER SISSON: Okay. That satisfies the
12 question.
13
BY COMMISSIONER BARONE: So if we approve the request
14 for this waiver we will be allowing Efson to not pay ten
15 percent above the average state wage forever?
16
BY MR. BLOCK: No, that's not exactly what the
17 purpose of it is. This is a waiver of a historical condition.
18 What has occurred in 1992 has already occurred, and the project
19 cannot move forward based on that particular set of historical
20 circumstances. It is anticipated that this condition will be
21 remedied by the year 1994 as the new facility is built, that
22 more employees are brought on line as some of the part-time
23 employees that they had previously are made full-time, and it's
24 simply waiving or requesting the waiver of the condition that
25 existed in 1992.
** ORIGINAL **
m
~
m
~
M
~
6
o
~
~
o
~
o
<
~
z
w
~
m
o
z
o
m
~
w
w
<
~
~
~
o
~
.'
(9
1
BY COMMISSIONER BARONE: I thought I had understood
2 the concept until Mr. Murchison read the resolution, then I was
3 confused.
4
BY COMMISSIONER CASTER: Part of the problem is we
5 don't have --
6
BY COMMISSIONER BARONE: We don't have the material.
7 That's half the problem.
8
BY MR. BLOCK: That was supposed to have been passed
9 around.
10
BY COMMISSIONER BARONE: It was a little late
11 reaching the deadline, the one that he just read. I understood
12 it until you read that.
13
BY MR. MURCHISON: We apologize for the delay in
14 getting that revised resolution to you, but the wage problem in
15 this project was not realized and brought to the attention of
16 the bond counsel until after your deadline for submitting the
17 resolutions to you, and we're sorry about that.
18 BY COMMISSIONER BARONE: Would you read that part
19 that you read before that I understood until you read it.
20 BY MR. MURCHISON: It is a very broad request for
21 waiver. It's not limited to any year or set of circumstances.
22 It's simply, liThe Board of Commissioners requests that the
23 proposed industrial project be approved no~withstanding the
24 fact that the operator will not pay an average weekly
25 manufacturing wage which is ten percent above the average in
** ORIGINAL **
(10
1 the state of North Carolina."
2
BY COMMISSIONER BARONE: But it doesn't say how long
3 that's going to last though. I guess that's my problem. Do
4 you see where I'm having the conflict? You're telling me that
5 you're anticipating in '94 this won't be a problem, but that's
6 not what that says.
7
BY MR. MURCHISON: That's correct. This is
8 completely broad and it's written in a broad fashion.
9
BY COMMISSIONER BARONE: But there's no sunset on it.
10 I understand you're not going to do it in the beginning, but
11 that's not what that says. That says that you just will not
12 pay it period. It doesn't say for what period of time.
13
BY MR. MURCHISON: That's correct.
14
BY COMMISSIONER BARONE: Then I'm not comfortable
15 with that.
16
BY MR. BLOCK: Let me first of all say that this is a
m
~
m
~
M
~
6
o
~
17 proposed resolution and certainly is subject to amendment if
18 you feel it would be appropriate. Obviously though we cannot
~
o
~
o
<
~
z
w
~
m
o
z
o
m
~
w
w
<
~
~
~
o
~
19 state with dead certainty what's going to happen in 1996. If
20 this was a brand new business instead of one that had been
21 operating for a number of years the whole thing would be
22 conjecture and based on projection. We're coming forth with a
23 good faith estimate of what we think is going to happen based
24 on what we knew actually happened in 1992 where we had
25 employees that were on a part-time basis. We know that once
** ORIGINAL **
(11
1 that building is built, we know once we go on line with it and
2 that we develop this vertical type of operation where we're
3 going to be doing a lot more things than we are currently
4 doing, then it's going to go up once we eliminate the part-time
5 employees.
6
BY COMMISSIONER BARONE: The wages in the plastic
7 injection molding business are notoriously quite high. So
8 that's why I'm having a little conflict. I used to place
9 engineers, and if you find a good plastics engineer you're
10 going to have to pay top dollar. I know that.
11 BY MR. BLOCK: Absolutely.
12 BY COMMISSIONER BARONE: So that's why I'm having a
13 problem with the amendment. What can you do to make me feel
14 better about that resolution?
15 BY MR. BLOCK: I think maybe what we could do is put
16 a provision in there of the anticipated increase.
17
BY COMMISSIONER BARONE: That would be fine as far as
'"
<Xl
'"
'"
c;;
<0
6
o
"i'
18 I'm concerned.
>-
Cl
~
(5
<(
Cl
z
w
"-
CD
Cl
Z
o
CD
a:
w
f/l
<(
...J
::;:
a:
o
LL
19 BY COMMISSIONER CASTER: We're not trying to tell Mr.
20 Agnoff how much to pay his people.
21 BY COMMISSIONER BARONE: Well the point is though if
22 we're allowing certain things to be done coming through this
23 Board then we have to do it with the idea that it's going to be
24 better than what could be done without doing all this. There
25 must be some incentive here.
** ORIGINAL **
8
9
10
11
12
13
14
15
16
17
0>
co
0>
'9 18
M
co
6
0
"i'
>- 19
0
~
c 20
<:
"
z
w
Cl.
<D 21
0
z
0
<D 22
a:
w
(/)
<:
...J
::;; 23
a:
0
u..
24
25
(12
1
BY MR. AGNOFF: Well the incentive is to be able to
2 employ more people in New Hanover County, pay them a fair wage
3 and give them good benefits, things that Efson is already doing
4 right now. As far as your question as far as higher paid
5 engineering people that is correct. In fact, this year we've
6 hired two engineering managers for Efson, which is something
7 we're only doing in anticipation of our expansion efforts.
Obviously engineers are needed to design new products, and if
you have no capacity you can't produce new products anyway. So
it's in accordance with our expansion that we're looking to
bring in more higher level skilled highly compensated
individuals who will help us continue our growth.
BY COMMISSIONER BARONE: That's great. Now if that
could be reflected with the language that Mr. Block just
mentioned I would be personally much more comfortable with that
and I'll defer of course to the other members of the Board.
BY COMMISSIONER MATHEWS: Mr. Chairman, I think Mr.
Agnoff and Mr. Block have satisfied any concern we may have
about the waiver and the resolution, and I move that we accept
it as is.
BY MR. MURCHISON: Mr. Chairman, I believe it would
be in order before you come to the resolution for you to see if
there are any members of the public who want to be heard and
then to close the public hearing before you act on the
resolution.
** ORIGINAL **
(13
1
BY CHAIRMAN GREER: Thank you, Mr. Murchison. I
2 forgot this was a public hearing.
3
BY' COMMISSIONER SISSON: I just want to make sure Ms.
4 Barone understands what I understand in terms of this thing.
5 . The waiver that they're asking for is a recommendation from us
6 that the State waive that ten percent requirement. If I
7 understand it, Mr. Murchison, that ten percent requirement is
8 the standard requirement for anybody receiving these bonds.
9
BY MR. MURCHISON: That's correct.
10
BY COMMISSIONER SISSON: So we're in effect
11 recommending that the State waive what it originally wrote into
12 its legislation with regard to the bonds.
13
BY COMMISSIONER BARONE: And that's what I'm
14 uncomfortable with.
15
BY COMMISSIONER SISSON: And that's why I asked the
16 question. I would like to see some sort of regulation - not
17 regulation, amendment to reflect 1992, which as you say is
~
m
~
~
M
~
o
o
~
18 already gone and done, and if we need to maybe even recommend
~
o
z
a
<
~
z
w
~
m
o
z
o
m
~
w
00
<
~
~
~
o
~
19 waiving it for 1993, but stipulate that '94, '95, whatever, is
20 going to revert to the State's requirements.
21 BY CHAIRMAN GREER: The problem with that as I see
22 it, I understand what you all are saying, but there is no way
23 they can say for sure what that number should be, and even if
24 they don't and we pass it today how lS that going to affect
25 them. They can't stop their manufacturing or building process.
** ORIGINAL **
(14
1 It sounds good, but I don't see how we can put a stipulation
2 for a particular year down the road.
3
BY MR. AGNOFF: Or if there is a business reversal in
4 essence the bonds could be pulled then and then the seventy-
5 five people that we employee right now successfully will be out
6 of jobs, and I don't think that's the purpose behind that
7 constraint.
8
BY COMMISSIONER SISSON: Right. But on the other
9 hand I have a real problem with recommending waiving something
10 that the State legislation has written in to begin with.
11
BY MR. BLOCK: If I understand it correctly the
12 legislation also provides for the waiver. There is certain
13 criteria in the legislation that says you can have that waiver.
14 It's not something we're just generating out of the air. That
15 is part of the legislation which would allow for the special
16 set of circumstances that exist in New Hanover County right
17 now.
m
~
m
~
M
m
6
o
~
18 BY MR. MURCHISON: Wherever there's been a history of
>
o
~
o
<
~
z
w
~
00
o
z
o
00
oc
w
w
<
~
~
oc
o
~
19 severe unemployment in a county there can be a request for this
20 waiver, and the loss of manufacturing jobs in the recent past
21 is what makes it possible for you all to make that waiver.
22 BY COMMISSIONER BARONE: I see your point.
23 BY MR. BLOCK: Mr. Chairman, if I may, Rick Watson
24 with the Department of Commerce would like to make a comment.
25
BY MR. WATSON: I would just like to make a brief
** ORIGINAL **
m
00
m
~
M
~
6
o
~
~
Q
z
a
<
~
z
w
~
m
Q
z
o
m
~
w
w
<
~
~
~
o
~
.'
(15
1 statement.
2
BY COMMISSIONER BARONE: We appreciate your being
3 here.
4
BY MR. WATSON: I'm here representing the Department
5 of Commerce, however the Commerce Finance Center has a director
6 who has been intact for over twenty years, and for him to make
7 this recommendation I think says a lot in that he believes that
8 this company can meet those requirements and he never
9 recommends that unless he believes so, and we're talking about
10 a state average which encompasses cities such as Charlotte and
11 so forth, so ten percent is a very good consideration. I'm
12 sure Bruce Strickland included that when he made this
13 determination and this recommendation. Thank you.
14
BY CHAIRMAN GREER: Any other discussion among the
15 Commissioners?
16 (No response.)
17 BY CHAIRMAN GREER: If not, is there anyone from the
18 public who would like to speak on this issue?
19 (No response.)
20 BY CHAIRMAN GREER: If not, we will close the public
21 hearing portion. commissioner Mathews has made a motion. Is
22 there a second to his motion?
23
BY COMMISSIONER CASTER: Second.
24
BY CHAIRMAN GREER: Is there any other discussion?
25
BY COMMISSIONER SISSON: Only one, and Mr. Agnoff,
** ORIGINAL **
(16
1 maybe you can answer this for me. My understanding is that
2 your intent is to hire the folks for this expansion of your
3 enterprise from New Hanover County, is that correct?
4
BY MR. AGNOFF: If at all possible.
5
BY COMMISSIONER SISSON: Because I think the other
6 Commissioners share my concern that while we're all in favor of
7 creating new jobs, if it's not creating new jobs here then it's
8 not helping out the county, and I understand your commitment to
9 the county, so I just wanted to make sure. I understand if you
10 can't find an engineer in New Hanover who can do the job then
11 you're going to have to go someplace else.
12
BY MR. AGNOFF: It is our intention and it certainly
13 would be the easiest and most expeditious to find the personnel
14 that we require in New Hanover County.
15
BY COMMISSIONER SISSON: Thank you.
16
BY CHAIRMAN GREER: Any other discussion?
m
m
m
~
M
~
c.
o
~
17 (No response.)
18 BY CHAIRMAN GREER: If not, all in favor say "Aye".
>
o
z
a
<
Cl
z
w
~
m
o
z
o
m
~
w
w
<
~
~
~
o
~
19 BY ALL COMMISSIONERS: Aye.
20 BY CHAIRMAN GREER: All opposed?
21 (No response.)
22 BY CHAIRMAN GREER: Motion carries. Good luck.
23 Thank you for your investment in New Hanover County.
24
BY MR. BLOCK: Thank you, Mr. Chairman, and members
25 of the Board.
** ORIGINAL **
(17
1 (WHEREAS, the New Hanover County Board of
2 Commissioners Agenda Item 8 concluded at 9:55 a.m.)
0>
llJ
0>
'I'
c;;
'"
6
o
"!
>-
o
z
l5
<{
Cl
z
W
0..
<D
o
Z
o
<D
a:
w
(/)
:3
::;;
a:
o
u..
** ORIGINAL **
(18
1 STATE OF NORTH CAROLINA
2 COUNTY OF NEW HANOVER
3 CERTIFICATE
4 I, Patti K. Holland, a Notary Public and Court Reporter in
5 and for the State of North Carolina, County of New Hanover, do
6 hereby certify that the foregoing pages numbered three (3)
7 through seventeen (17) constitute a true and accurate
8 transcript of an excerpt from the meeting of the New Hanover
9 County Board of Commissioners which was held on Monday, 20
10 September 1993. I further certify that I am not a relative,
11 employee, attorney or counsel of any of the parties, nor am I a
12 relative or employee of such attorney or counsel, nor am I
13 financially interested in this matter.
14 WITNESS my hand and notarial seal this the 20th day of
15 September, 1993.
0>
llJ
0>
'9
OJ
'"
6
o
"?
16
17
'-Pa.tLi. ~. ~cU'U:l(SEALJ
Patti K. Ho land
>-
o
z
a
<(
Cl
z
w
a.
m
o
z
o
m
a:
w
U)
:3
:::;:
a:
o
u.
18 My Commission Expires:
19 May 12, 1997
.,i {'t.1' ,,'f i' ~ W t t, 'I,
.,- 11 HO' "
,-' \ \V ' ...( '"
.::~ A.~ ."'It...... 4/v '"
:.:~' ..0 e!. f'Q ......
;.:'" ~ .Il~ ...-:;.
o. . ~ a . r-.. ..
.. : ~,.~ "r\.ll' .. ...
: . '~.~I. .::
-2'-..,~ .0.-
- rT'I . t:~;>w . c.,) -
~ ~ \ t:'Jir fa.' te, l . ~
':. '..~ ~,g Vit- .. ~,.;-
~ """- . ....
, -~ . .' ~\. '.'
..., -T~ -.. .. :, '.......
",,"0 . ......~:\~'\ ...;-'
'I, Vff? CO\} '4~"
f'/j""U' i \\IS\'
** ORIGINAL **
-~
CERTIFICATE
The undersigned Clerk of the Board of Commissioners of
New Hanover Country, North Carolina, hereby certifies:
1. Attached hereto as Exhibit A is an Affidavit of
Publication with respect to notice of a public hearing (the
Hearing) held on September 20, 1993, with respect to the issuance
of bonds by The New Hanover Country Industrial Facilities and
Pollution Control Financing Authority for the benefit of Efson,
Inc.
2. The presiding officer of the hearing was Robert G.
Greer, Chairman.
3. The following is a list of the names and addresses
of all persons who spoke at the Hearing: Wallace C. Murchison,
Wilmington, N.C.; Franklin L. Block, Wilmington, N.C.; Steve
Agnoff, Wilmington, N.C.; and Rick Watson, Wilmington, N.C.
4. Attached hereto as Exhibit B is a transcript of the
..--.
Hearing.
WITNESS my hand and the seal of New Hanover County, this
the~ day of September, 1993.
Board of Commiss oners
of Hanover County, North
Carolina
WCM/mas/rh/os6.6
EXHIBIT A
.;
AFFIDAVIT OF PUBLICATION
STATE OF NORm CAROLINA,
COUNTY OF NEW HANOVER
NOTICE OF PUBLIC HEARINGI
REGARDING INDUSTRIAL i
PROJECT AND REVENUE
BONDS - TO BE ISSUED BY
. THE NEW HANOVER'COUNTY'
. INDUSTRIAL FACILITIES ,./..
AND POLLUTION CONTROL '
FINANCING AUTHORITY
Before the undersigned, a Notary Public of said County and State,
JACOB BRINSON
who, being duly sworn or affirmed, according to the law, says that he/she is
CLASSIFIED
ADVERT ISING
MANAGER
Notice is hereby"given that the
Board 01 Commissioners 01 New
Hanover County will hold a public
hearing on September 20. 1 993, at
9:00 a.m" in the Assembly Room pf
the County Administration Building.
320 Chestnut Street, Wilmington,
North Carolina. concerning the issu-
ance and sale br The New Hanover
County Industria Facilities and Poilu' I
tion Control Financing Authority (the i
I Authority") 01 rts Industrial Revenue ~
I Bonds. (Efson. Inc.. Project), Series 'I
' 1993 (the "Bonds") in an amount no\'
to exceed $3.500.000. the proceeds
01 which will be used to finance the
acquisition. construction and installa.
tion 01 a 63,400 square loot injection I
molding manufacturing facilrty (the!
. Project") located on Lots 2A and 3A. I
~,~~~~~~ ;>~:~~' i~~f~a~~ ~~~~:I
Chase Parkway between SR 132 and I
1.40 in New Hanover County, North I
1 Carolina. The Project will be owned I
. and operated by Elson, Inc.. a North I
Carolina corporation (the "Compa-
ny '). The Authority and the Company
entered into a memorandum of in-
ducement with respect to the Project i
and the Bonds on November 20, I
1992. Information wrth respect to the
e-Com;>uny'8.proposa/ is on file a!'d is ,
I open lor inspection at the oHice of tl1a" .
, New Hanover County Attorney. 16'
North Fifth Avenue. W.lmlngtC)n. i
J North Carolina 26401 dunng bus,-.
ness hours. '
. ~ . . ;>'. -;:.l 'I
The Authonty expects to submrt
....Q ~pplicatlon lor approval 01 the pro-
jecC", "::l Secretary of the North Car-
olina Department 01 Economic and
Community Development Any per.
son interested in the issuance of the
Bonds or the location or natuie 01 the
Project may appear and be heard.
Any person who wishes to make
comments in writing on the proposed
issuance of the Bonds or the Project
~?'h~oN~';' ~i~~g:~~~~~ (l~d~';'(~'
al Facilities and Pollution 2'ontrol Fi.
nancing Authorrty and the Board of
Commissioners of New, Hanover
County, clo Clerk of Board of Com-
missioners. 320 Chestnut Street, Wit-.
mington, North Carolina 28401. or to
Mr Bruce Strickland. Jr., Commerce
Finance Center. 430 North Salisbury I
Street, Raleigh. North Carolina,
27603, ", "~
NEW HANOVER cou~'l
BOARD OF COMMISSIONERS.:
By' Lucie F Harrell, Clerk to (,e
New Hanover County
Board of Commissioners
upon rcaulIlg Ull: alUregomg alii avit with the advertisement thereto annexed it is adjudged by the Court thaI the said publication was duly and properly
made, and that the summons has been duly and legally served on the defendant(s)
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 PUBLIC HEARINGREGARD
ING INOUSTRIALPROJECT
NUEBONDS TO BE ISSUED
NH CO. INOUST P
MW
3V
RcVE
THE
was inserted in the aforesaid newspaper in space, and on dates as follows:
9/5.1X
1993
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.
CLASSIFIED ADV.
7th
MGR
Title
Sworn or affirmed to, and subscribed before me, this
day
II ,
,.,11
ofSFPT ,A.D,19...93. , ,
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and
year aforesaid.
'-fiJcu~ ~ ·
/ " Notary Public
My commission expires
21
d~y of .JUNE ,19...iL4
This
day of
,19_
Clerk of Superior Court
MAIL TO'
~hd~ Of)f !1ortq <!Iarolina
~~partm~nt Of)f ~tat~ mrea5Ur~r
Re:
State and Local Government Finance Divis'ion
and the Local Government Commission
HARLAN E. BOYLES
TREASURER
November 8, 1993
Ms. Mary Nash K. Rusher, Esquire
Hunton & Williams
One Hanover Square, Suite 1400
Raleigh, North Carolina 27601
Dear Ms. Rusher:
In connection with the above named projects, we are enclosing the
following duly executed documents:
Certificates Concerning Industrial Revenue Bonds.
1.
2.
Extracts from Minutes of the Local Government Commission approving
issuance and sale of bonds of the New Hanover County Industrial
Facilities and Pollution Control Financing Authority.
,"
j ,.~.
Sincerely,
q~6~
~nice T, Burke
Director
Bond Authorizations/Negotiated Sales
JTB/asb
cc: Wanda M. Copley, Esquire
New Hanover County Attorney
325 North Salisbury Street, Raleigh, North Carolina :2 7608-1888 (919) 7.33-3064 (FAX 733-9586)
An Equal Opportumty / Afftrmatwe Actum Employer
JJ
~ .
NORTH CAROLINA DEPARTMENT OF STATE TREASURER
LOCAL GOVERNMENT COMMISSION
MINUTES
November 2, 1993
The meeting was called to order by Chairman Harlan E. Boyles at
2:00 p.m., November 2, 1993. Members present were State Treasurer
Harlan E. Boyles, secretary of Revenue Janice Faulkner, Mr. Richard
Carl ton acting on behalf of Secretary of state Rufus Edmisten, Mr.
Jimmy Benson acting on behalf of State Auditor Ralph Campbell, Jr.,
Mr. Irving Joyner, Ms. Patsy McGee, Mr. William R. Webb, Jr., and Mr.
Gerald ,... Lamb.
Member absent: Mr. Linwood H. Parker.
Ms. Faulkner made a motion that the following resolution be
adopted:
"RESOLUTION APPROVING THE FINANCING TEAM FOR THE NEW HANOVER
COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING
AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (EFSON,
INCORPORATED PROJECT), SERIES 1993
WHEREAS, The New Hanover County Industrial Facilities and
Pollution Control Financing Authority (the "Authority") has requested
that the North Carolina Local Government Commission (the
"Commission") approve their selection of the following members of the
financing team for the issuance of its Industrial Development Revenue
Bonds (Efson, Incorporated Project), Series 1993:
Bond Counsel:
Underwriter:
Trustee/Registrar:
Letter of Credit Bank:
Hunton & Williams
Blount Parrish & Roton, Incorporated
Norwest Bank Minnesota, National Association
Branch Banking and Trust Company
WHEREAS, based upon the information and evidence received by the
Commission, the Commission is of the opinion that the request by the
Authority should be approved.
NOW, THEREFORE, BE IT RESOLVED by the North carolina Local
Government Commission that the above financing team is hereby
approved for The New Hanover County Industrial Facilities and
pollution control Financing Auth~Fity Industrial Development Revenue
Bonds (Efson, Incorporated project), Series 1993."
Mr. carlton seconded the motion and the foregoing resolution was
adopted by unanimous vote.
Ms. Faulkner made a motion that the following resolution be
adopted:
r,
"RESOLUTION APPROVING ISSUANCE AND SALE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS OF THE NEW HANOVER COUNTY INDUSTRIAL
FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
BE IT RESOLVED by the North Carolina Local Government
Commission:
Section 1. It is hereby declared and determined that the New
Hanover County Industrial Facilities and Pollution Control Financing
Authority (the "Authority") has filed with the secretary of the Local
Government Commission pursuant to G.S. _159C-8 of Chapter 159C of the
General statutes of North carolina (the Act) an application for
Approval of Industrial Development Revenue Bonds (Efson, Incorporated
project), Series 1993 (the Bonds), in the principal amount of
$3,500,000 to finance an Industrial Project in New Hanover county,
including the following forms of documents:
1. an Indenture of Trust dated as of November 1, 1993, between
the Authority and Norwest Bank Minnesota, National
Association, as trustee (the Trustee) relating to the
issuance of the Bonds;
2. a Loan Agreement dated as of November 1, 1993, between- the
Authority and Efson, Incorporated (the company) relating to
the Industrial Project;
3. a Promissory Note of the company, dated November 9, 1993,
in the principal amount of $3,500,000 evidencing the
Company's obligation under the Loan Agreement;
4. the form of the Bonds, as set forth in the Indenture of
Trust;
5. a Reimbursement Agreement, dated as of November 1, 1993,
between the Company and Branch Banking and Trust Company
(the Bank);
6. a Deed of Trust dated as of November 1, 1993 from the
company to a trustee named therein for the benefit of the
Bank;
7. the Application for Approval of the Project pursuant to
G.S. 159C-7 of the Act as filed by the Authority with the
Department of Commerce;
8. an application by the Authority requesting that the North
Carolina Local Government commission (the "Commission") (a)
approve the issuance of the Bonds pursuant to G.S. 159C-8
of the Act, (b) approve the private sale of the Bonds on
the terms and at the price as determined in the manner set
forth in the form of Bonds pursuant to G.S. 159C-9 of the
Act, and (c) determine the interest rate borne by the Bonds
as determined in the manner set forth in the form of Bonds
pursuant to G.S. 159C-6 of the Act~
t,
9. the notice to the Secretary of the Department of Commerce
of the filing of the Authority's application; and
10. the resolution of the Board of Commissioners of New Hanover
County to be adopted approving the issuance of the Bonds.
Section 2. It is hereby further declared and determined that:
(a) The Secretary of the Department of Commerce has approved
the project (described in the Loan Agreement) to be
financed with proceeds of the Bonds and such approval has
become effective pursuant to G.S. 159C-7 of the Act.
(b) The_Commission has duly considered~ among other things, the
financial responsibility and capability of the company to
fulfill its obligations with respect to the Loan Agreement
in the form filed with the Commission, the ability of the
political subdivisions in or near which the Project is to
be located to cope satisfactorily with the impact of the
Project and to provide necessary public facilities and
services.
(c) The proposed date and manner of sale of the Bonds will not
have an adverse effect upon any scheduled or anticipated
sale of any political subdivision thereof or any agency of
either of them.
Section 3. The issuance of the Bonds is hereby approved.
Section 4. The sale of the Bonds at private sale pursuant to an
executed Indenture of Trust substantially i~ the form filed with the
Commission at a price of $3,500,000 with the approval of the Issuer
and the Company, is in the best interests of the Authority and will
best effectuate the purposes of the Act.
Section 5. As required by the provisions of G.S. 159C-6 of the
Act, it is hereby determined, with the approval of the Authority and
the Company, that the Bonds shall bear interest at rates set forth in
the form of Bonds in the Indenture of Trust filed with the
Commission. The initial rate on the Bonds shall not exceed six and
one-half percent (6.5%) per annum, and the variable interest rate as
adjusted thereafter shall not exceed fifteen percent (15%) per annum.
The final maturity of the Bonds is October 1, 2009.
Section 6. The Trustee is hereby approved as Bond Registrar,
and the system of registration of the Bonds, as set forth in the
Indenture of Trust, is hereby approved under Chapter 159E of the
North Carolina General Statutes.
section 7. This Resolution shall be effective immediately upon
its passage."
.
Mr. carlton seconded the motion and the foregoing resolution was
adopted by unanimous vote.
* * * * * *
I, JANICE T BURKE, Deputy Secretary of the North Carolina Local
Government Commission, DO HEREBY CERTIFY that the foregoing is a true
and correct copy of certain extracts from minutes of the Local
Government Commission and is a true and correct copy of so much of
the minutes of the meeting held on November 2, 1993 as in any way
relates to the consideration and adoption of the foregoing
resolutions.
WITNESS my hand this 8th
day of November, 1993.
By:
3_ ~
ce T. Burke, Deputy Secretary of the
th Carolina Local Government commission
STATE OF NORTH CAROLINA
LOCAL GOVERNMENT COMMISSION
RALEIGH
CERTIFICATE CONCERNING
INDUSTRIAL DEVELOPMENT REVENUE BONDS
J;. Janice T. Burke t Deputy Secretary of the Local Governnent
commission of North Carolina (the commission), DO HEREBY CERTIFY
as follows:
1. The application of The New Hanover county Industrial
Facilities and Pollution Control Financing Authority (the
Authority) requesting approval of the issuance of its Industrial
Development Revenue Bonds (Efson, Inc. Project) Series 1993 (the
Bond$l ill the 'principal amount.of. $3,.500,000 was .duly flIed on.
september 20, 1993, pUrSlldPl: t.o ~ 159C-8 of thel General statutes
of North Carolina. .'
2. Said application was considered and the issuance of the
Bonds approved, pursuant to ~ 159C-8 of the General statutes of
North Carolina, by a resolution passed by the unanimous vote of
the members of the Commission pre~ent at a meeting held on
November 2, 1993, a true copy of which is attached.
3. At said meet~ng, pursuarit to ~ 159C-6, ~ 159C-8 and
~ 159C-9 of the General statutes of North Carolina, the
commission, by said resolution, also approved the sale of the
Bonds at the price of par and at private sale on the terms and
conditions set forth in the form of Bonds filed as part of said
application, and determined that the Bonds shall bear interest at
the variable rate described in the form of Bonds.
4. No request or application for the review of any
resolution adopted or other proceedings taken by the Commission
with respect to the Bonds has been filed with the Commission.
5. No litigation concerning the action of the Commission
in approving the issuance and sale of the Bonds is pending or
threatened insofar as I am aware.
WITNESS my hand at R~leigh, this ~ay of November, 1993.
By:
~
. ce T. Burke, Deputy Secretary
cal Government Commission
of North Carolina
.
..
"RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION OF
NORTH CAROLINA TO APPROVE THE COUNTY OF NEW HANOVER'S
APPLICATION FOR THE ISSUANCE OF SPECIAL OBLIGATION BONDS (SOLID
WASTE MANAGEMENT PROJECT), REQUESTING THE LOCAL GOVERNMENT
COMMISSION TO SELL SUCH BONDS AT PRIV ATE SALE AND AUTHORIZING
THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN
CONNECTION THEREWITH"
BE IT RESOLVED by the Board of Commissioners (the "Board") of the County of New
Hanover, North Carolina (the "County"):
Section 1.
It is hereby found, determined and declared by the Board as follows:
(a) The County currently owns and operates a solid waste management system, and
the County desires to improve the system for the purpose of continuing to provide solid waste disposal
services within the County;
(b) The County has determined to issue special obligation bonds for the purpose of
providing funds, together with other available funds, to pay the cost of solid waste management
improvements, including the construction of a construction and debris processing center and the
acquisition and installation of machinery and equipment in connection therewith; the construction of a
universal building for offices, laboratories and storage related to the County's landfill operations and the
acquisition and installation of machinery and equipment in connection therewith; the construction of a
lined landfill cell and the closure of a lined landfill cell, including leachate collection and treatment
systems and liners in connection therewith; and the acquisition and installation of associated equipment
and machinery; (the "Project");
(c) In order to finance the costs of the Project, the County has developed the
following plan of finance:
(i) the County proposes to issue not exceeding $4,000,000 of its Special
Obligation Bonds (the "Bonds") pursuant to the North Carolina Solid Waste Management Loan Program,
Chapter 1591 of the General Statutes of North Carolina, as amended (the" Act"), and pursuant to a bond
resolution to be adopted by the Board prior to the issuance of the Bonds, and
(ii) the Bonds will be special obligations of the County, payable from all or
a portion of collected inventories tax reimbursements, inspection fees, ambulance fees, beer and wine tax
reimbursements, undesignated Register of Deeds fees and municipal tax collection fees;
(d) The County desires that the Bonds, when issued, be sold by the Local
Government Commission of North Carolina (the "Commission") at private sale and without advertisement
to Craigie Incorporated.,
(e) The County wishes to submit at this time to the Commission the County's
application for approval of the Bonds and the County's request for the Commission's sale of the Bonds
at private sale pursuant to the Act.
Section 2. The County Manager and the Finance Director of the County are each hereby
authorized and directed to submit to the Commission the application of the County for approval by the
Commission of the issuance of the Bonds. The County hereby requests that the Commission approve the
issuance of the Bonds. In furtherance thereof and to assist the Commission in making the determinations
required of the Commission by the Act, the County hereby submits:
(a) the proposed bond issue is necessary and expedient in that it will provide
improvements allowing the County to continue providing solid waste disposal services within the County;
(b) the amount of bonds proposed to be issued will be sufficient but not excessive for
the proposed purpose in that the final issue size will be based upon construction bids received and
otherwise upon the County's best engineering estimates;
(c) the proposed Project is feasible in that the revenues the County has agreed to
apply to secure the Bonds will be sufficient to pay principal of, premium, if any, and interest on the
Bonds;
(d) the County's debt management procedures and policies are good; and
(e) the Bonds can be marketed at reasonable interest cost to the County.
The County Manager and Finance Director are each hereby authorized and directed to provide
to the Commission such additional documents and information as the Commission may request in order
to consider the County's request.
Section 3. The County hereby requests the Commission to sell the bonds at private sale
without advertisement to Craigie Incorporated, such private sale to be at a price not less than 98 % of the
principal amount of the Bonds.
Section 4. The County hereby requests the Commission to approve the County's employment
of LeBoeuf, Lamb, Leiby & MacRae, as bond counsel to the County.
Section 5. The County Manager and the Finance Director are each hereby authorized to
prepare and distribute on behalf of the County a preliminary official statement in connection with the
offering of the Bonds.
Section 6.
This resolution shall take effect upon its passage.
Upon motion of Commissioner Sisson seconded by Commissioner Mathews ,
the foregoing resolution entitled "RESOLUTION REQUESTING THE LOCAL GOVERNMENT
COMMISSION OF NORTH CAROLINA TO APPROVE THE COUNTY OF NEW HANOVER'S
APPLICATION FOR THE ISSUANCE OF SPECIAL OBLIGATION BONDS (SOLID WASTE
MANAGEMENT PROJECT), REQUESTING THE LOCAL GOVERNMENT COMMISSION TO SELL
SUCH BONDS AT PRIVATE SALE AND AUTHORIZING THE DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH," was passed by
unanimous vote.
(S
~d~/A
Clerk to the Board
AN ORDINANCE
OF THE
BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County hereby amends
Chapter 11, Nuisances, Article III, Noise as follows:
Delete Section 11-60, Permits for Additional Amplification.
Except as indicated above, Article III shall remain in full
force and effect.
This the cf?tJ,Zlv day of
'kI~ )
, 1993.
[S
NEW HANOVER COUNTY
/f?LitfJ~
Chairman
Board of County Commissioners
ATTEST:
~ v/ zl4Yu~
1 k to the Board ~
" ~
.,
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of New Hanover County was duly held
on September 20, 1993, at the place and time established for the Board's regular meetings 10
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
The Chairman of the Board of Commissioners stated that one of the purposes of the
meeting was to consider and take action on a resolution directing the filing of an application with
the Local Government Commission for approval of the issuance of hospital revenue bonds and
the hiring of bond counsel and underwriters for the financinR.
Commissioner Caster then introduced the following
resolution, which was read by title, and moved that it be adopted:
RESOLUTION OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL
GOVERNMENT COMMISSION FOR APPROVAL OF THE ISSUANCE OF
HOSPIT AL REVENUE BONDS AND CERT AIN RELATED MA TIERS
WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover,
North Carolina (the "County") hereby determines that the acquisition, construction and equipping
of certain improvements and additions to the New Hanover Regional Medical Center, including
the construction, renovation and expansion of a rehabilitation hospital, the power plant, a
parking garage and pneumatic tube system and the acquisition of equipment for those and other
improvements and additions thereto (the "Project"), must be undertaken by the County and by
New Hanover Regional Medical Center at an estimated cost not to exceed $30,000,000,
including the cost of financing;
WHEREAS, the Board desires to authorize the Finance Director of the County to apply
to the North Carolina Local Government Commission for its approval of the issuance of the
hospital revenue bonds (the "Bonds") to pay for the Project and to take all other action necessary
in connection therewith; and
WHEREAS, the Board desires to retain LeBoeuf, Lamb, Leiby & MacRae as bond
counsel, and PaineWebber Incorporated, First Union Securities, Inc. and Wheat, First Securities,
Inc. as the underwriters in connection with the issuance by the County of the Bonds.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County,
as follows:
Section 1. That the Finance Director of the County is hereby authorized, directed and
designated to file an application with the Local Government Commission for its approval of the
issuance by the County of the Bonds.
Section 2. That the Board finds and determines and asks that the Local Government
Commission find and determine from the County's application and supporting documentation:
(a) That the issuance of the Bonds is necessary and expedient;
(b) That Thirty Million Dollars ($30,000,000) will be sufficient but is not excessive,
when added to other monies available to New Hanover Regional Medical Center,
for the proposed acquisition, construction and equipping of the Project;
(c) That the Project is feasible;
(d) That the County's debt management procedures and policies are excellent; and
(e) That the Bonds can be marketed at a reasonable interest cost to the County.
Section 3. That the Chairman of the Board, the County Manager, the County
Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and
all things necessary to complete the steps for the issuance of the Bonds.
Section 4. That LeBoeuf, Lamb, Leiby & MacRae shall be retained to serve as bond
counsel and PaineWebber Incorporated, First Union Securities, Inc. and Wheat, First Securities,
Inc. shall be retained to serve as the underwriters in connection with the issuance by the County
of the Bonds.
Section 5. That the Board requests that the Local Government Commission sell the
Bonds through negotiation to PaineWebber Incorporated, First Union Securities, Inc. and Wheat,
First Securities, Inc. on such terms as may be agreed.
Section 6. That this Resolution shall become effective on the date of its adoption.
Commissioner Mathews
was adopted by the following vote:
seconded the motion and, after discussion, the Resolution
AYES:
NOES:
ABSENT:
Robert G. Greer, Chairman
E.L. Mathews, Jr., Vice-Chairman
Sandra Barone
William Caster
William Sisson
NONE
NONE
-2-
.
!..
STATE OF NORTH CAROLINA )
)
NEW HANOVER COUNTY )
I, Lucie F. Harrell, Clerk to the Board of Commissioners of New Hanover County, DO
HEREBY CERTIFY, as follows:
1. A regular meeting of the Board of Commissioners of the County of New Hanover,
a county in the State of North Carolina, was duly held on September 20, 1993, proper notice
of said meeting having been given as required by North Carolina statutes, and minutes of said
meeting have been duly recorded in the Minute Book kept by me in accordance with law for the
purpose of recording the minutes of said Board.
2. I have compared the attached extracts with said minutes so recorded and said
extracts, including the resolution incorporated therein, are a true copy of said minutes and of
the whole thereof insofar as said minutes relate to matters referred to in said extracts.
3. Said minutes correctly state the time when said meeting was convened and the
place where such meeting was held and the members.of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
corporate seal of said County, thiso(?M day of September, 1993.
-3-
.
.
.
""'"
.'"
'.)
NEW HANOVER COUNTY
ORDINANCE TO REQUIRE LICENSES
FOR MUNICIPAL SOLID WASTE COLLECTORS
WHEREAS, North Carolina General Statute 130A-29~ provides
for the designation of a geographical area within which the
collection, transportation, storage and disposal of all solid
waste generated within said area shall be accomplished in
accordance with a solid waste management plan; and
WHEREAS, the New Hanover County Board of Commissioners on
August 16, 1993, adopted a Solid Waste Management Plan, which was
accepted by ~~~ Department of Environment, Health and Natural
Resources on~pt .~O , 19~; and
WHEREAS, North Carolina General Statute 153A-136 grants to
counties the authority to require each person wishing to
commercially collect or dispose of solid wastes within the
unincorporated areas of the County to obtain a license from the
County and the authority to prohibit any person from commercially
collecting or disposing of solid wastes without a license; and
WHEREAS, H.B. 625, Chapter ~58, of the North Carolina
Session Laws of 1981, "An Act to Allow New Hanover County
Ordinances Regulating Waste Disposal to Apply Countywide," states
that, "Any ordinance adopted under G.S. 153A-132.1 or G.S.
153A-136 may become effective countywide notwithstanding the
provisions of G.S. 153A-122, and may apply to activities of
cities and towns, and may provide that it supercedes a city or
town ordinance on the same subject"; and
WHEREAS, the purpose of this Ordinance is to carry out the
Solid Waste Management Plan by requiring all commercial
collectors of municipal solid waste to acquire a Municipal Solid
Waste Collector License and to report on the quantity of
different types of waste collected by the commercial collector,
and dispose of municipal solid waste collected pursuant to the
License as required by Flow Control Regulations.
NOW, THEREFORE, BE IT ORDAINED BY NEW HANOVER COUNTY THAT:
Section 1. Definitions.
The following definitions shall apply in the interpretation
and enforcement of this Ordinance and Licenses granted pursuant
hereto.
A. Commercial Hauler -- means anyone who collects or
transports municipal solid waste for profit.
B. "Construction and Demolition Waste"
resulting solely from construction, remodeling,
means solid waste
repair, or
.
demolition operations on pavement, buildings, or other
structures.
C. County Manager -- means the New Hanover County Manager
(or his designee).
D. Designated Geographical Area -- all incorporated and
unincorporated areas within New Hanover County.
E. Disposal (defined in 15A NCAC 13B, Section .0100) --
means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste into or on any land so
that such solid waste or any constituent thereof may not enter
the environment or be emitted into the air or discharged into any
water, including groundwaters.
F. Flow Control Regulations -- means the regulations
adopted to enable New Hanover County to carry out the provisions
of the New Hanover County Solid Waste Management Plan, as such
regulations may be amended from time to time by the County Board
of Commissioners, attached hereto as Attachment A and
incorporated herein by reference.
.
G. Hazardous Waste (defined in NCAC 10F) -- means a solid
waste, or combination of solid wastes, which because of its
quantity, concentration, or physical, chemical or infectious
characteristics may:
(1) cause or significantly contribute to an increase In
mortality or an increase in serious irreversible or
incapacitating reversible illness; or
(2) pose a substantial present or potential hazard to human
health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise
managed.
H. Inert Debris (defined in DEHNR Policy Memorandum #16,
page 2) -- means solid waste which consists solely of material
that is virtually inert and that is likely to retain its physical
and chemical structure under expected conditions of disposal.
I. Land Clearing Debris (defined in DEHNR Policy Memorandum
#16, page 1) -- means solid waste which is generated solely from
land clearing activities.
.
J. Medical Waste (defined in the Solid Waste Management Act
of 1989) -- means any solid waste which is generated in the
diagnosis, treatment, or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing
of biologicals, but does not include any hazardous waste
identified or listed pursuant to Article 9 of Chapter 130A of the
North Carolina General Statutes, radioactive waste, household
waste as defined in ~O Code of Federal Regulations 261.~(b)(1) in
.
effect on 1 July 1989, or those substances excluded from the
definition of "solid waste" in Article 9 of Chapter 130A of the
North Carolina General Statutes.
K. Municipal Solid Waste -- means any solid waste resulting
from the operation of residential, commercial, industrial,
governmental, or institutional establishments that would normally
be collected, processed, and disposed of through a public or
private solid waste management service. Municipal solid waste
does not include hazardous waste, sludge, or solid waste from
mining or agricultural operations.
L. Municipal Solid Waste Collector -- means any person who
collects or transports municipal solid waste as a commercial
hauler.
M. Person -- means an individual, corporation, company,
association, partnership, unit of local government, State agency,
federal agency, or other legal entity.
N. Public Hauler -- means any non-profit collector or
transporter of municipal solid waste.
.
O. Putrescible -- means solid waste capable of being
decomposed by microorganisms with sufficient rapidity as to cause
nuisance from odors and gases, such as kitchen wastes, offal, and
carcasses.
P. Radioactive Waste Material -- means any solid, liquid or
gas which emits ionizing radiation spontaneously.
Q. Recycling -- means any process by which solid waste, or
materials which would otherwise become solid waste, are
collected, separated, or processed, and reused or returned to use
in the form of raw materials or products.
R. Refuse (defined in 15A NCAC 13B, Section .0100) -- means
all non-putrescible waste.
S. Sludge (defined in 15A NCAC 13B, Section .0100) -- means
any solid, semisolid, or liquid waste generated from a municipal,
commercial, institutional, or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control
facility; or any other such waste having similar characteristics
and effect.
.
T. Solid Waste (defined in 15A NCAC 13B, Section .0100) --
means any hazardous or non-hazardous garbage, refuse or sludge
from a waste treatment plant, water supply treatment plant, or
air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection,
treatment and disposal systems, and other material that is either
discarded or is being accumulated, stored or treated prior to
being discarded, or has served its original intended use and is
.
generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial,
institutional, commercial and agricultural operations, and from
community activities. Such term does not include:
(1) Fecal waste from fowls and animals other than humans;
(2) Solid or dissolved material in
a. Domestic sewage and sludges generated by the
treatment thereof in sanitary sewage collection,
treatment and disposal systems which are designed
to discharge effluents to the surface waters;
b. Irrigation return flows; and
'.
c. Wastewater discharges and the sludges incidental to
and generated by treatment which are point sources
subject to permits granted under Section ~02 of the
Water Pollution Control Act, as amended (PL 92-500),
and permits granted under G.S. 1~3-215.1 by the
Environmental Management Commission. However, any
sludges that meet the criteria for hazardous waste
under RCRA shall also be solid waste for these
purposes;
(3) Oils and other liquid hydrocarbons controlled under
Article 21A of Chapter 1~3 of the General Statutes.
However, any oils or other liquid hydrocarbons that
meet the criteria for hazardous waste under RCRA shall
also be a solid waste for these puposes;
(~) Any source, special nuclear or byproduct material as
defined by the Atomic Energy Act of 195~, as amended
(~2 U.S.C 2011);
(5) Mining refuse covered by the North Carolina Mining Act,
G.S. 7~-~6 through G.S. 7~-68 and regulated by the
North Carolina Mining Commission (as defined under G.S.
1~3B-290). However, any specific mining waste that
meets the criteria for hazardous waste under RCRA shall
also be a solid waste for these purposes.
U. Solid Waste Generation -- means the act or process of
producing solid waste.
.
V. Solid Waste Management Plan -- the New Hanover County
Solid Waste Management Plan, as adopted by New Hanover County and
participating municipalities and accepted by the North Carolina
Department of Environment, Health, and Natural Resources.
W. "Special Waste" (defined in 15A NCAC 13B, Section .0103)
means any waste that requires special or exceptional handling
from an operational or equipment standpoint and includes all
.
waste disposal which requires a letter of approval from the
County or State of North Carolina Department of Environment,
Health and Natural Resources, Divison of Solid Waste. For
purposes of this definition, Special Waste shall include, without
limitation, sludges, asbestos, powders, and ashes.
X. Yard Waste -- means municipal solid waste consisting
solely of vegetative matter resulting from landscaping
maintenance.
Section 2. Municipal Solid Waste Collectors -- License For
Collection and Transportation.
A. No commercial or public municipal solid waste collector
shall collect, transport, or dispose of municipal solid waste
within New Hanover County without obtaining and maintaining a
License issued by the County: Provided, that this subsection
2.A. shall not apply to any person disposing of municipal solid
waste from his own residence.
.
B. All commercial or public municipal solid waste
collectors desiring Municipal Solid Waste Collector Licenses must
purchase from the County Manager or his designee a license for
the collection and transportation of solid waste. The fee for
this license shall be $250 per year. Public haulers will be
exempted from the license fee but must be licensed. The license
year shall run from July 1 until June 30 of the subsequent
calender year. The License shall require the licensee to follow
the "Flow Control Regulations" attached hereto as Attachment A,
as such Flow Control Regulations may be amended from time to time
by the County Board of Commissioners. Should any of the data
which must be submitted by a license pursuant to the Flow Control
Regulations constitute a "trade secret" as defined in G.S.
66-152(3), or any other applicable North Carolina statute, the
County shall protect such information as required by G.S.
132-1.2, provided that at the time of initial disclosure to the
County the licensee designates such information as "confidential"
or as a "trade secret".
.
C. Whenever the County finds that a licensee is operating
in violation of the provisions of the License, the County shall
give notice in writing to such licensee that unless such
violation is corrected within ten (10) days the License of such
licensee shall be suspended. If such violation is determined by
the County to continue after such ten (10) day period or a second
violation is determined by the County, the County shall give
notice in writing to such licensee that his License has been
suspended. No such license shall be reinstated unless the County
is assured that the licensee shall not operate in violation of
the License. If the County determines a third violation of such
License has occurred following a previous notice and suspension,
the license shall be revoked and the County shall give written
notice of such revocation to the licensee.
.
D. On written petition from a licensee whose License has
been suspended or revoked, the Board of County Commissioners (or
its designee) shall hold a hearing at which time such licensee
shall be given an opportunity to show that his License should not
have been suspended or revoked. It shall be the duty of the
County Manager or his designee to communicate the request to the
Chairman of the Board of County Commissioners as soon as
practicable. Such hearing shall be held by the Board of County
Commissioners (or its designee) as soon as practicable but no
later than 30 days following receipt of such petition by the
Chairman. After such hearing, the Board of County Commissioners
(or its designee) may either suspend, revoke or reinstate such
License, depending upon its finding as to whether the provisions
of the License have been complied with. If no such petition is
filed on or before the tenth day following the day on which such
License was suspended or revoked, the License shall be deemed
automatically suspended or revoked.
.
E. When any person has made application for a License, and
the County Manager or his designee has refused to issue a license
to the applicant, the applicant may file a written petition for a
hearing before the Board of County Commissioners (or its
designee). A petition for hearing must be filed with the County
Manager or his designee within ten (10) days after the refusal of
the County Manager or his designee to issue the License. It
shall be the duty of the County Manager or his designee to
communicate the request to the Chairman of the Board of County
Commissioners as soon as practical. The Board of County
Commissioners (or its designee) shall act upon the petition as
soon as practical but no later than thirty (30) days after its
receipt by the Chairman; and at the said hearing, the Board (or
its designee) shall issue or refuse to issue the License.
Section 3. Administration.
The administration and enforcement of this Ordinance shall
be the duty of the County Manager or his designee.
Section~. Enforcement.
This Ordinance may be enforced ln any of the following
manners as prescribed by law:
.
A. Violation a Misdemeanor -- Any person who violates any
provision of this Ordinance, including but not limited to
knowingly making a false certification of the Monthly Data Report
shall, upon conviction, be guilty of a misdemeanor and shall be
fined not exceeding Five Hundred Dollars ($500.00) or imprisoned
not exceeding thirty (30) days. Each day that a violation
continues to exist shall be considered to be a separate offense.
B. Injunction and Order of Abatement -- The provisions of
this Ordinance may be enforced by injunction and order of
abatement. When a violation of this Ordinance occurs, New
.
Hanover County, through the County Attorney or other official
designated by the Board of County Commissioners of New Hanover
County, may apply to the appropriate division of the General
Court of Justice for a mandatory and prohibitory injunction and
order of abatement commanding the defendent to correct the
unlawful activity.
C. Civil Penalties -- A civil penalty of $100.00 per ton
for disposal of solid waste in violation of this Ordinance shall
be assessed by the County, which amount can be recovered by the
County in a civil action in the nature of debt if the violator
does not pay the penalty within thirty (30) days after receipt of
the notice of violation specifying the amount of the civil
penalty. A civil penalty of $100.00 a day for failure to submit
the Monthly Data Report to the County Manager or his designee as
required by the Flow Control Regulations shall be assessed by the
County, which amount can be recovered by the County in a civil
action in the nature of debt if the violator does not pay the
penalty within thirty (30) days after the receipt of the notice
of violation specifying the amount of the civil penalty.
.
D. Other Remedies -- The provisions of this Ordinance may
also be enforced in any other manner set forth in G.S. 153A-123.
Section 5. Conflict With Other Laws.
It is not intended that this Ordinance repeal, abrogate,
annul or in any way impair or interfere with any existing
ordinances or regulations of the New Hanover County Board of
Commissioners.
Section 6. Severability.
Should any section of this Ordinance be decided by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Ordinance as a whole or any part
thereof other than the part so decided to be unconstitutional or
invalid.
Section 7. Effective Date.
This Ordinance shall be in full force and effect from and
after its date of adoption. Any municipal solid waste collector
operating in New Hanover County on the date of the adoption of
this Ordinance shall have until November 1, 1993, to obtain a
License as required by this Ordinance.
.
.
.
.
----
ADOPTED this 4tJ"-uJ day of ~~ , 1993.
~.d~JA ~
Cler to the' Board
NEW HANOVER COUNTY
~Jd~
Chairman, Board of County Commissioners
.
ATTACHMENT A
FLOW CONTROL REGULATIONS
The following Flow Control Regulations have been adopted to
enable New Hanover County to carry out provisions of the New
Hanover County Solid Waste Management Plan.
Disposal Requirements
Each municipal solid waste collector shall deliver or cause to be
delivered all municipal solid waste collected by the hauler to
County administered solid waste management facilities or a
properly permitted Waste-to-Energy Facility which will accept
municipal solid waste, or to other solid waste management
facilities as designated by the County Director of Environmental
Management.
Notification
.
Each municipal solid waste collector will be notified in writing
as to the designated facility or facilities to which they must
deliver all municipal solid waste colJected by the hauler at
least thirty (30) days prior to the effective date of the notice.
In the event a designated facility is unable to accept waste on a
regularly scheduled day, a contact person designated by the
hauler will be contacted by telephone by a representative of the
County Department of Environmental Management and directed to an
alternate facility until such time as the designated facility is
able to accept municipal solid waste. If the contact person
cannot be reached by telephone the hauler will be redirected to
the alternate facility upon arrival at the designated facility.
Reporting Requirements
Effective December, 1993, on a monthly basis, each licensed
municipal solid waste collector must submit data on the quantity
of different types of waste collected by the collector within the
New Hanover County Designated Geographic Area, and the location
or locations where this Municipal Solid Waste was disposed. The
monthly data must be submitted to the County Director of
Environmental Management on the attached form, postmarked no
later than the 30th day following the completed reporting period.
Effective
, 199
.
.
MUNICIPAL SOLID WASTE COLLECTOR
MONTHLY DATA REPORT
COLLECTOR:
MONTH:
YEAR:
NAME OF PERSON COMPLETING REPORT:
ADDRESS:
PHONE NUMBER:
Please include in the following tables information on the
quanitity of waste collected by the hauler within the New Hanover
County Designated Geographic Area during the reporting month.
Table I. TOTAL WASTE QUANTITIES & DISPOSAL LOCATIONS.
DISPOSAL LOCATION
AMOUNT (in tons)
'.
New Hanover County Waste-to-
Energy Facility ("Wastec")
New Hanover County Secure
Landfill
New Hanover County Construction
& Demolition Debris Processing
Facility
Other Disposal Facilities ln
New Hanover County
Other Disposal Facilities in
North Carolina
Disposal Facilities Outside
North Carolina
Table II. BREAKDOWN BY WASTE TYPE ACCORDING TO NEW HANOVER
COUNTY SCHEDULE OF TIP FEES.
.
WASTE TYPE
AMOUNT (in tons)
Del. to NBC
Del. Other
municipal solid waste
construction/demolition
.
(Table II. cont.)
WASTE TYPE
AMOUNT (in tons)
Del. to NBC
Del. Other
yard waste
landscape
lumber
concrete
brick
stumps
dirt
shingles
. appliances
SPECIAL WASTES:
asbestos
sludge
dietomaceous earth
tires
The undersigned, under penalty of perjury, certifies that the
following Monthly Data Report is true and accurate to the best of
his/her knowledge.
(Sign Name Here)
Date
.
False certification of the Monthly Data Report is a misdemeanor
punishable by fine not exceeding $500.00 or imprisonment not
exceeding thirty (30) days.
.
NEW HANOVER COUNTY
ORDINANCE TO PROVIDE FOR FLOW CONTROL OF SOLID WASTE
WHEREAS, North Carolina General Statute 130A-29~ provides
for the designation of a geographic area within which the
collection, transportation, storage and disposal of all solid
waste generated within said area shall be accomplished in
accordance with a solid waste management plan; and
WHEREAS, the New Hanover County Board of Commissioners on
August 16, 1993, adopted a Solid Waste Management Plan, which was
accepted by the Department of Environment, Health, and Natural
Resources on ; and
WHEREAS, a Waste-to-Energy Facility lS considered to be a
more environmentally sound mechanism for the management of solid
waste in solid waste management hierarchies developed by the
State of North Carolina and the federal Environmental Protection
Agency; and
.
WHEREAS, the purpose of this ordinance is to carry out said
Solid Waste Management Plan by requiring that all disposal of
solid waste within the geographical area designated by the
Department of Environment, Health, and Natural Resources be
controlled by Flow Control Regulations and imposing reporting
requirements on municipal solid waste collectors.
NOW, THEREFORE, BE IT ORDAINED BY NEW HANOVER COUNTY THAT:
Section 1. Definitions
The following definitions shall apply ln the interpretation
of this Ordinance:
A. Commercial Hauler -- means anyone who collects or
transports municipal solid waste for profit.
B. "Construction and Demolition Waste" means solid waste
resulting solely from construction, remodeling, repair, or
demolition operations on pavement, buildings or other structures.
C. County Manager -- means the New Hanover County Manager
(or his designee).
.
D. Designated Geographical Area -- all incorporated and
unincorporated areas within New Hanover County.
E. Disposal (defined in 15A NCAC 13B, Section .0100) --
means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste into or on any land so
that such solid waste or any constituent thereof may not enter
.
the environment or be emitted into the a1r or discharged into any
water, including groundwaters.
F. Flow Control Regulations -- means the regulations
adopted to enable New Hanover County to carry out the provisions
of the New Hanover County Solid Waste Management Plan, as such
regulations may be amended from time to time by the County Board
of Commissioners, attached hereto as Attachment A and
incorporated herein by reference.
G. Hazardous Waste (defined in NCAC 10F) -- means a solid
waste, or combination of solid wastes, which because of its
quantity, concentration, or physical, chemical or infectious
characteristics may:
(1) cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness; or
.
(2) pose a substantial present or potential hazard to human
health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise
managed.
H. Inert Debris (defined in DEHNR Policy Memorandum #16,
page 2) -- means solid waste which consists solely of material
that is virtually inert and that is likely to retain its physical
and chemical structure under expected conditions of disposal.
I. Land Clearing Debris (defined in DEHNR Policy Memorandum
#16, page 1) -- means solid waste which is generated solely from
land clearing activities.
J. Medical Waste (defined in the Solid Waste Management Act
of 1989) -- means any solid waste which is generated in the
diagnosis, treatment, or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing
of biologicals, but does not include any hazardous waste
identified or listed pursuant to Article 9 of Chapter 130A of the
North Carolina General Statutes, radioactive waste, household
waste as defined in ~O Code of Federal Regulations 261.~(b)(1) in
effect on 1 July 1989, or those substances excluded from the
definition of "solid waste" in Article 9 of Chapter 130A of the
North Carolina General Statutes.
.
K. Municipal Solid Waste -- means any solid waste resulting
from the operation of residential, commercial, industrial,
governmental, or institutional establishments that would normally
be collected, processed, and disposed of through a public or
private solid waste management service. Municipal solid waste
does not include hazardous waste, sludge, or solid waste from
mining or agricultural operations.
.
L. Municipal Solid Waste Collector -- means any person who
collects or transports municipal solid waste.
M. Person -- means an individual, corporation, company,
association, partnership, unit of local government, State agency,
federal agency, or other legal entity.
N. Public Hauler -- means any non-profit collector or
transporter of municipal solid waste.
o. Putrescible -- means solid waste capable of being
decomposed by microorganisms with sufficient rapidity as to cause
nuisance from odors and gases, such as kitchen wastes, offal, and
carcasses.
P. Radioactive Waste Material -- means any solid, liquid or
gas which emits ionizing radiation spontaneously.
Q. Recycling -- means any process by which solid waste, or
materials which would otherwise become solid waste, are
collected, separated, or processed, and reused or returned to use
in the form of raw materials or products.
.
R. Refuse (defined in 15A NCAC 13B, Section .0100) -- means
all non-putrescible waste.
S. Sludge (defined in 15A NCAC 13B, Section .0100) -- means
any solid, semisolid, or liquid waste generated from a municipal,
commercial, institutional, or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control
facility or any other such waste having similar characteristics
and effect.
T. Solid Waste (defined in 15A NCAC 13B, Section .0100) --
means any hazardous or non-hazardous garbage, refuse or sludge
from a waste treatment plant, water supply treatment plant, or
air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection,
treatment and disposal systems, and other material that is either
discarded or is being accumulated, stored or treated prior to
being discarded, or has served its original intended use and is
generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial,
institutional, commercial and agricultural operations, and from
community activities. Such term does not include:
(1) Fecal waste from fowls and animals other than humans;
.
(2) Solid or dissolved material in:
a. Domestic sewage and sludges generated by the
treatment thereof in sanitary sewage collection,
treatment and disposal systems which are designed to
discharge effluents to the surface waters; and
.
b. Irrigation return flows; and
c. Wastewater discharges and the sludges incidental to
and generated by treatment which are point sources
subject to permits granted under Section 402 of the
Water Pollution Control Act, as amended (PL 92-500),
and permits granted under G.S. 143-215.1 by the
Environmental Management Commission. However, any
sludges that meet the criteria for hazardous waste
under RCRA shall also be solid waste for these
purposes; or
(3) Oils and other liquid hydrocarbons controlled under
Article 21A of Chapter 143 of the General Statutes.
However, any oils or other liquid hydrocarbons that
meet the criteria for hazardous waste under RCRA shall
also be a solid waste for these purposes; or
(4) Any radioactive material as defined by the North
Carolina Radiation Protection Act, G.S. 104E-1 through
104E-23; or
.
(5) Mining refuse covered by the North Carolina Mining Act,
G.S. 74-46 through G.S. 74-68 and regulated by the
North Carolina Mining Commission (as defined under G.S.
143B-290). However, any specific mining waste that
meets the criteria for hazardous waste under RCRA shall
also be a solid waste for these purposes.
U. Solid Waste Generation -- means the act or process of
producing solid waste.
V. Solid Waste Management Plan -- the New Hanover County
Solid Waste Management Plan, as adopted by New Hanover County and
participating municipalities and accepted by the North Carolina
Department of Environment, Health, and Natural Resources.
W. "Special Waste" (defined in 15A NCAC 13B, Section .0103)
means any waste that requires special or exceptional handling
from an operational or equipment standpoint and includes all
waste disposal which requires a letter of approval from the State
of North Carolina Department of Environment, Health and Natural
Resources, Division of Solid Waste. For purposes of this
definition, Special Waste shall include, without limitation,
sludges, asbestos, powders, and ashes.
.
X. Yard Waste -- means municipal solid waste consisting
solely of vegetative matter resulting from landscaping
maintenance
Section 2.
Collection of Municipal Solid Waste.
The collection of all municipal solid waste generated within
the Designated Geographic Area shall be subject to the control of
.
the County as provided in the Flow Control Regulations attached
hereto as Attachment A, and as amended from time to time by the
County Board of Commissioners.
Section 3.
Disposal of Solid Waste.
All municipal solid waste generated within the Designated
Geographic Area shall be subject to the control of the County and
shall be disposed of as provided in the Flow Control Regulations
attached hereto as Attachment A, as amended from time to time by
the County Board of Commissioners.
Section 4. Reporting Requirements.
.
Municipal solid waste collectors must submit data on the
quantity of different types of waste collected by the collector
within the Designated Geographic Area as provided in the Flow
Control Regulations attached hereto as Attachment A, as amended
from time to time by the County Board of Commissioners. Should
any of the data which must be submitted by a municipal solid
waste collector constitute a "trade secret" as defined in G.S.,
66-152(3), or any other applicable North Carolina statute, the
County shall protect such information as required by G.S.
132-1.2, provided that at the time of initial disclosure to the
County the municipal solid waste collector designates such
information as "confidential" or as a "trade secret".
Section 5. Administration.
The administration and enforcement of this Ordinance shall
be the duty of the County Manager or his designee.
Section 6. Enforcement.
This Ordinance may be enforced in any of the following
manners as prescribed by law:
A. Violation a misdemeanor -- Any person who violates any
provision of this Ordinance, including but not limited to
knowingly making a false certification of the Monthly Data
Report, shall, upon conviction, be guilty of a misdemeanor and
shall be fined not exceeding five hundred dollars ($500.00) or
imprisoned not exceeding thirty (30) days. Each day that a
violation continues to exist shall be considered to be a separate
offense.
.
B. Injunction and Order of Abatement -- The provisions of
this Ordinance may be enforced by injunction and order of
abatement. When a violation of this Ordinance occurs, New
Hanover County, through the County Attorney or other official
designated by the Board of County Commissioners of New Hanover
County, may apply to the appropriate division of the General
Court of Justice for a mandatory and prohibitory injunction and
.
order of abatement commanding the defendant to correct the
unlawful activity.
C. Civil Penalties -- A civil penalty of $100.00 per ton
for disposal of solid waste in violation of this Ordinance shall
be assessed by the County, which amount can be recovered by the
County in a civil action in the nature of debt if the violator
does not pay the penalty within thirty (30) days after receipt of
the notice of violation specifying the amount of civil penalty.
A civil penalty of 100.00 a day for failure to submit the Monthly
Data Report to the County Manager or his designee as required by
the Flow Control Regulations shall be assessed by the County,
which amount can be recovered by the County in a civil action in
the nature of debt if the violator does not pay the penalty
within thirty (30) days after receipt of the notice of violation
specifying the amount of civil penalty.
D. Other remedies. The provisions of this Ordinance may
also be enforced in any other manner set forth in G.S. 153A-123.
Section 7. Conflict With Other Laws.
.
It is not intended that this Ordinance repeal, abrogate,
annul, or in any way impair or interfere with any existing
ordinances or regulations adopted by the New Hanover County Board
of County Commissioners, but to the extent that it does, the
provisions of this Ordinance shall control.
Section 8. Severability.
Should any section of this Ordinance be decided by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of the Ordinance as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
Section 9. Effective Date.
This Ordinance shall be in full force and effect immediately
upon State approval of the New Hanover County Solid Waste
Management Plan.
.
.
.
.
ADOPTED this o/t1L1'J day of ~f~ " 1993.
~:_\u<~
Clerk to the Board
NEW HANOVER COUNTY
~~~'--
Chairman, Board of County Commissioners
AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER
,NOTI~F:~0RietJBLlb:t:iEARiNG~'
T0;CQNS!'\IF.R:CREA,!;IQN'Pf,,*
n:IE GLOBPTRANS~A~K~~
DEVELOPMiNT ZONE '~,j
WHEREAs,on J~/Y 24, l~,tIJ!!~
Genilral Assembly of Nor1n Clirollna~
ratiflOd and enaasa Senate Bill 853:'1
as Chapter 544 o/the; Hl93 Session}
Laws, to add,Article 40f,Ch:.'P..l~",158~
, of the Genor8f Statutes. wh.ch shall!
'be,known. a~'the .':GIobaI Trans
DeveIopmanlZonilJl.ct:' and whl
iefemld to':t,erein as the ','Ace;
WHEREAS, New Hanover Coun,."
, 'ty is one of the. .'COU.. . nlies..: ,wh... ich. ..has Ji
. thepolentiaJ.toderive djrect~"
, ic 'benefitsfrom"the' North'carohn~~ '
Global TransPark,end;is'.oneoLthi>'l
cour\ties liuthorizedand'perinitted ll:i';,
create ! and organize a,'Sj)8CiaJ eco:-~
,nomic ,.development distriCt. 'to be",
known as'theGIobal TransPerk D&';'!
velopinent ZOne. under SectilIorl';1 ~~
3l, onr18..Act;' ;~.' , \'" f~\~'-!~~~~~'~f/~
;, ~'!wHEREAS; 'pursuant to,jSeCtillrl,
'H58'31 ;ofthe Act'. ("PurpOse':!, "
:1~,~Und9r~~=~ ",)
<'idevelopment. or:.: North !,Ci>rlillna.. .r'
'TranSPerkand'to promole1and 'en:'
\couraQe economic deveklpme'!1 WitIliJ:
-.lin i the'!territorial" jurisdiCtiOn ~of",tIii>'
l'Zoiie;v(Which, 'pursuant,to-;-~,~!i{,
i158!-34.ot the. Act. shaJloo"cotemll'i
"nous with the boundanes oftlii>coun,."
~ti8SipaitiCipalin9'inthe:Zon~)itiji~1
:,tering'~or 'sponsonng H:leve!opmenl~
l,pijijeCtS} to 'provide rand.,,!lliifdil)i/si~
r~facititi8S;,t,programs. Inform,~n.'~ i
.!dete' syslems; \and'infraslrUcl1Jm"re",
'<qiJir8mentS.for,business ariiHndustiY~
,ajri~theiNorth!!9!",0Iiria.,1. < .
W. ~e.p.mri9'!';<
IJI-~.;the:
l!:i:"P
I'i;'h'
ti'.cou
It,.: ,. >, ,
~l FJ~u
t<:/ \'coupl' ,}pursullnl(!oa.!cOntnf
III 'that i'the( 'ith"'''''' "
", 8b18time;riOtito!eji~~d'e mason
'iW:~~ii1'WiIl'\iiiCover.:
,;\5Ho.,...,
Before the undersigned, a Notary Public of said County and State,
JACOB BRINSON
who, being duly sworn or affirmed, according to the law, says that he/she is
CLASSIFIED ADVERTISING MANAGER
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 p~aLIC HEARINGTC C~N
SIDER CREATION OFTHE GLOBAL TR
ANSPARKDEVElOPMENT ZONE WHERE
GLOBAL TRANSPARK DEVElO
was inserted in the aforesaid newspaper in space, and on dates as follows:
A
: S U: 9 / l~ . 1 X
1993
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
p
'CLASSIFIED AOV. ~GR
13th
Title
Sworn or affirmed to, and subscribed before me, this
day
of SEPT ,A,D., 19~
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and
year aforesaid,
.V71~,~
My commission expires
21
19---24
day of JUNE
Clerk of Superior Coun