1992-07-06 RM Exhibits
"-111
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, hurricanes are common weather occurrences during August,
September and October, endangering coastal New Hanover County,
and
WHEREAS, damages from Hurricane Diana in 1984 and Hurricane
Gloria in 1985 totaled 74.2 million dollars, but were minor
compared to Hurricane Hazel, the most destructive storm ever to
hit the New Hanover County coast.
WHEREAS, on September 21-22, 1989, Hurricane Hugo swept through
South and North Carolina, killing two people and leaving in its
path more than one billion dollars in damaged property and
forest. Hugo did not make landfall on the North Carolina coast,
but still caused more destruction than any storm in the State's
history.
WHEREAS, a hurricane safety awareness campaign has been developed
in cooperation with the North Carolina Department of Crime
Control and Public Safety's Division of Emergency Management, the
Department of Administration's Division of Marine Affairs, the
National Weather Service, and the New Hanover County Department
of Emergency Management to help citizens acquire a knowledge of
hurricane safety and preparedness guidelines.
NOW, THEREFORE, the New Hanover County Board of Commissioners
proclaims the' week of July 5 through July 11, 1992 as
HURRICANE AWARENESS WEEK
in New Hanover County and encourages all citizens to assume
personal responsibility by availing themselves of hurricane
safety information and be prepared to protect property and save
lives. The News Media and other Public Service and Safety
Agencies are urged to participate in the "Awareness Week"
activities.
Signed this ~~day of July, 1992.
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
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North Carolina
County of New Hanover
Road(s) Description:
DAWNING CREEK SUBDIVISION (DAWNING CREEK
WAY AND BAILIWYCK WAY), FILE NO. 698-N
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
"'T" ,
WHEREAS, the Board of County Commissioners is of the op~n~on 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 resol ved by the Board of cOllunissioners 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 llJaintenance 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
6th day of JulV , 1992.
/>-;r
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day of
,
official
1992.
seal
this
the
hand
and
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\ Ai/I.e.~ \/ htrkt-~...-?(
Ludie F. Harrell, Clerk
New'Hanover County Board of
Commissioners
}:.
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Hightvays.
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
JESSICA LANE AND SONDERY ROAD OF ROCKY
ROAD SUBDIVISION
WHEREAS, the attached petition has been filed with the Board of County
commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners _is of the opinion that the above
described road(s) should be adoed 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 cOllunissioners 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
COlrunissioners of the County of New Hanover at a meeting on the
6th day of July , 1992.
/ 17
ft:, /[..rv
day
of
,
official
1992.
seal
this
the
WITNESS my
c,' ,;;
()rf1{) -
hand
and
(, _~~;:'~{_;:. ~'-V/../}~//?_/-;i; (
Lucie F. H~rrell, Clerk --
New Hanover County Board of
COIlunissioners
Form SR-2
Please Note: Forward direct to the District Engineer, D~vision of Highlvays.
resolute.wp
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"
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
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North Carolina
County of New Hanover
Road(s) Description:
NORTHCHASE DEVELOPMENT: CAMBRIDGE
(SEC. 4), BRIDGEPOR'I' (SEC. 1 & 2),
HARNETTE PTE. ( SEC. 2)
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 cOII~issioners is of the opinion that the above
described road(s) should be added to the Secondary Road Systenl, 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 resol ved by the Board of COlllinissioners 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
6th day of July , 1992.
WITNESS ') my hand
i...,{;/
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and official
1992.
seal
this
the
/;,l:{j
day of
." /
./ / /
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/. (.f.('l.C"- '. ')' /~~1'A'),L/r./L_
Luc~~ F. Harrell, Clerk
New ~anover County Board of
COl1unissioners
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Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
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LIE
Sec. 15 Sick Leave - Leave Sharinq
A. Purpose Statement
The County realizes that in extreme catastrophic
situations, employees may be in a situation where personal
or family illness requires they be away from work to the
point of exhausting all sick and personal leave. It is the
desire of the county to establish a policy whereby employees
may donate a given amount of accumulated personal leave to
the employee in need of additional sick leave.
(1) To qualify for consideration of receipt of
donated leave, the employee must:
(a) have been employed at least six (6)
months in a regular position with the
county;
(b) must be in a leave earning position;
(c) must have exhausted all available
options such as the use of all available
sick leave and all available personal
leave; and
(d) must have requested, received approval,
and used advanced leave in full through
the promissory note provision.
(2) An employee in need of donated leave shall
petition the Director of Human Resources
directly be telephone or in writing
explaining the existing situation.
(3) The Director of Human Resources shall
evaluate the situation and determine if the
employee meets the criteria for receiving
donated leave. Leave sharing shall only be
considered for extreme hardship situations or
c~tastrophic situations. The Human Resources
Director will make his recommendation to the
County Manager for final approval.
(4) An employee may not file a grievance nor
employee appeal if their request to receive
leave or donate leave is denied.
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(5) The criteria for determining eligibility
shall be:
(a) Exhaustion of all sick leave at the time
request for donated leave is made.
(b) Exhaustion of all personal leave at the
time request for donated leave is made.
(c) Exhaustion of maximum allowable sick
leave through the promissory note
provision.
(d) Use of donated leave must be for
sickness of employee or immediate family
as identified in Article VII, Section 11
of the PerSonnel Administration Policy
for New Hanover County for a specific
isolated incident or occurrence.
(6) A notice from the Director of Human Resources
will be distributed to all departments
addressed to the Department head with the
purpose of notifying staff of the employee's
need for sick leave. Employees wishing to
donate leave may donate up to the maximum
eight (8) hours of personal leave for a given
employee per incident. All donations will be
kept in strictest confidence.
(7) Employees donating leave time must have a
minimum balance of sixteen (16) hours of
personal leave and forty (40) hours of sick
leave after their donated amount is
subtracted. Donors shall go to the
Department of Human Resources and complete
an authorization form designating the number
of hours being donated, to whom it is being
donated, and the employee's signature to
authorize the transfer. The Human Resources
Department will process all requests.
(8) The employee receiving donated time will be
given information on the amount of time
donated, but will not receive information
such as the names of donating employees.
Leave time will be donated to the employee
anonymously.
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(9) The maximum amount of leave that may be
transferred from donors to an employee shall
be 192 hours per occurrence or situation.
(10) Personal leave donated by employees will be
converted to sick leave.
(11) Before the employee is eligible to use any
donated: sick leave, any balance owed on an
outstanding promissory note must be satisfied
in full. The donated sick leave may be used
to satisfy the outstanding promissory note.
The employee then may use the balance of
donated sick leave.
(12) When the donated sick leave has been
exhausted, the employee may make a second
request for advanced sick leave through the
promissory note provision. The amount of
advanced leave shall not exceed twelve (12)
days per request, nor two (2) promissory
notes per calendar year.
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY"
BOARD OF COMMISSIONERS
The Board of Conunissioners of New Hanover County, North
Carolina, does hereby ordain that Chapter 9, Sections 9.1-9.29
Captioned "Mobile Homes", New Hanover County Code are hereby
repealed.
ADOPTED this ~ day of f1L ,1992.
NEW HANOVER COUNTY
ATTEST:
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RESOLUTION ESTABLISHING THE WASTE-TO-ENERGY
FACILITY COMMISSION
WHEREAS, New Hanover County has constructed a waste-to-energy
facility (WTEF) that is a critical and integral part of the
County's future waste management;
WHEREAS I the County's WTEF is a complex technological fa9ility
involving state-of-the art boiler, power production and air
pollution control systems;
WHEREAS, the present WTEF" Advisory Committee has provided
valuable advice and expertise in the management of the WTEF;
WHEREAS, the County recognizes the need to continue to use the
valuable technical expertise and management skills available
through the County's indus.trial and business leadership;
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Board. of Commissioners does hereby establish the New Hanover Waste-
to-Energy Facility Commission, which shall have the following
purpose, duties, and organization:
1) Purpose:
The purpose of the Waste-to-Energy Fac"ility Commission is
to manage the County's WTEF to accomplish the following
objectives:
A. To reduce the volume: of waste entering the County's
landfill by the incineration of combustible waste into
energy products at the lowest cost per ton of waste;
B. To produce steam and electricity products to minimize
the cost of managing the WTEF;
C. To provide for the maintenance of the WTEF in order
to minimize the cost of managing the facility over the
long term;
D. To advise the Board of County Commissioners of long
range planning and expansion needs of the WTEF;
E. To manage the construction of- any expansion-or major
modifications to the WTEF as requested by the Board of
Commissioners;
F. To achieve the aforementioned objectives with safety
to the WTEF employees and the public and with
minimization of impact to the environment be:ing of
foremost concern as determined by strict adherence to' all
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Federal, State and County environmental and safety
l'egula tions .
2) Functions:
The Commission shall fulfill the following functions:
A. To provide input into the personnel decisions of the
WTEF including hiring, evaluation and if necessary
termination, of top level WTEF management. The County
Manager and County staff shall make personneT decisions
concerning WTEF employees only after consultation and in
harmony with the Commission, and to the extent that such
decisions agree with County per sonne-l pO'licy.
B. To help formulate and review the annual budget-
prepared by WTEF staff.. The WTEF budget submi.tted to the_
Board of County Commissioners~ by the County Manager shall.
be made in close consultation and in harmony with the
Commission.
C. To present to the Board of County Commissioners
annually by March 1, a long range planning report
evaluating the present status of the WTEF- and outlining
desired long range' WTEF syste.il modifications. and capi tal
replacement/ expansion needs__ The plan will have a five
year or longer time horizon.
D. To assist County staff in the establishment of
policy, procedures, purchasing decisions, and other
managemen.t decisions. concerning the WTEF.
E. To perform other functions as requested by the Board
of County Commissioners.
3) Organization:
A. General Powers. The affairs of the Commission shall
be managed by a Board consisting- of fifteen members.
B. Appointment and Term. Five members shall. be elected
officials as follows:
One County Commissioner selected by the Board of
County Commissioners.
One City Councilman selected by the Wilmington City
Council.
One Town Alderman selected by the Wrightsville Beach
Board of Aldermen.
One Town Councilman selected by the Carolina Beach
Town Council.
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One Town Councilman selected by the Kure Beach Town
Council.
Ten members shall be community representatives selected
by the Board of County Commissioners. They shall. have
engineering, financial/accounting, or legal expertise, or
represent the public-at-large.
The initial terms for the different members' shall be
staggered as follows, in order to provide continuity on
the Board:
Member
Length of initial terms
- County Commissioner
- City Councilman
- Town Alderman, Councilman
Wrightsville, Carolina.,
Kure Beach
3 - year term
2 - year term
One 1 - year term.,
One 2 - year term,
One 3 - year term
as determined by lot.
All terms after the initial term shall be for three years.
There shall be no limitation as to the number of terms a member can
serve.
c. Vacancies. In the event a vacancy occurs on the
Commission, the unexpired term will be filled by an
appointment from the authority that appointed the member
ttJho is vacating the Commission..
D. Conflict of Interest. No member of the Commission
shall have a direct or indirect interest in any contract
to which the WTEF is. a. party. Nothing contained herein
shall prevent a member from owning any publicly held
stocks or bonds as a private individual.
E. Bylaws _. The commission shall develop bylaws. to be
approved by the Board of County Commissioners within six
months of the first meeting of the Commission.
Adopted this the. ~ -;/) ) .. day of July
, JR., an,
New Hanover County of
Commissioners
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EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The Board of Commissioners of the County of New
Hanover, North Carolina, met in regular session in Room 301, Old
County Courthouse Building, Wilmington, North Carolina, the
regular place of meeting, at 6:30 o'clock, P.M., on July 6, 1992.
The following Commissioners were:
Present: E. L. Mathews, Jr., Chairman, Jonathan Barfield, Sr.,
Robert G. Greer, Fred Retchin and William H. Sutton
Absent: None.
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The Chairman stated that The New Hanover County
Industrial Facilities and Pollution Control Financing Authority
had adopted proceedings determining to issue not more than
$6,000,000 principal amount of revenue bonds to finance a solid
waste disposal project .for Occidental Chemical Corporation and to
issue $4,600,000 principal amount of revenue refunding bonds to
refund outstanding revenue bonds issued by the Authority in 1981
to finance a pollution control project for Diamond Shamrock
Corporation which has been acquired by Occidental Chemical
Corporation. The Chairman submitted copies of the proceedings to
the Board. The Chairman then stated that a notice had been
published on June 21 , 1992 that the Board would hold public
hearings on July 6~992 on the proposed project and the issuance
of revenue bonds to finance the project and the proposed issuance
of revenue refunding bonds to refund the revenue bonds issued in
1981.
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Commissioner Retchin moved that the Board
proceed to hold a public hearing on the solid waste disposal
project and the issuance of revenue bonds by the Authority to
finance the project. The motion was seconded by Commissioner
Mr. Sutton and was unanimously adopted.
At 8:23 o'clock, P.M., the Chairman announced that
the Board would hear anyone who wished to be heard on the
advisability of the proposed project and the issuance of revenue
bonds to finance the project and that a representative of the
Authority was present and was prepared to discuss the details
concerning the proposed project and bond issue.
The names and addresses of the persons who were
present, summaries of their oral comments and copies of their
written comments are set forth below:
"
Wallace C. Murchison, of Wilmington, North Carolina,
attorney for the Authority, explained that the first..public hearing
was fo~ a pollution control revenue bond issue of up.to$6,000,000
to finance the project of closing or capping a waste disposal
facility at the company's Castle Hayne plant site, and that the
second hearing was for the issuance of $4,600,000 in; I revenue
~efurtdin~ bonds to refund Authority bonds issued ih 1981 ,for the
benefi't of: the company. He stated that the Authority had.; appr<;:>ved
both~ ,issues in principle. " , '~i i ,; ,
Mr., Riley West, Environmental Manager', Occidental
Chemical Corporation, 5408 Holly Shelter Road, Castle Hayne, North
Carolina, e!{plained the manufacture of chr,omium chemicals from
chrbm~'ore 'and,the disposal in a lagoon project of [solids' r~maining
After'the' chromium was extracted. 'He stated that the project was
for a sound, environmental closing of the lagoon facility, that the
closing is a continuation of an agreement with the State of North
Carolina made in 1988 called an sac, that the design would consist
basically of installing a low or moderate permeability cap across
the entire lagoon site to prevent infiltration of rain water, and
that the final design and specifications would have to be approved
by the North Carolina Department of Environmental Management.
Mr. William Funderburg of 4321 Blue Clay Road, Castle
Hayne, North Carolina, said that he had a problem with the June 21
public notice, that the closure of the lagoon was spelled out in
Permit No. 72001492 issued by the State of North Carolina and that
the permit required submitting a closure plan to the State
authorities three months prior to the closure. He inquired whether
the closure plan had been submitted. Mr. Murchison said that it
had not but was being worked on. Mr. Funderburg said that he was ~
concerned about the procedural process used in connection with
industrial revenue bonds, that he was concerned that the q~osure
plan had not been submitted to date and that he was against issuing
the bonds until the plan was presented.
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Mr. Murchison stated that the same practice and procedure
for the issuance of revenue bonds had been followed for years,
including obtaining approval by the county commissioners in
principle and then approvals by the Department of Economic and
Community Development and the Department of Environmental
Management in Raleigh. Mr. Carl A. Byrd, Sr., Senior Economic
Development Representative of the N.C. Department of Economic and
Community Development, read from the regulations issued by his
department which say that no application for approval of a project
would be officially received until the elected board of
commissioners in the county from which the application was to be
made had approved the project in principle and the issuance of
bonds.
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After the Board had heard all persons who requested to
be heard, Commissioner Retchin moved that the public
hearing be closed. The motion was seconded by Commissioner
Mathews and was unanimously adopted.
Commissioner Retchin moved that the Board
proceed to hold a public hearing on the proposed issuance of
revenue refunding bonds by the Authority to refund the revenue
bonds issued in 1981. The motion was seconded by Commissioner
Greer and was unanimously adopted.
At 8:36 o'clock, P.M., the Chairman announced that
the Board would hear anyone who wished to be heard on the
advisability of the issuance of revenue refunding bonds and that
a representative of the Authority was present and was prepared to
discuss the details concerning the proposed project an? bond
issue.
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The na~es and addresses of the per~9ns who: were ,:
pr~sent, summaries of their oral 'comments and:copies'of their
written comments are set forth below:
_, 1 : ~ . . , t 1,,"111
M~~ William Funderburg.ag~in,objected to th~ pro~~~~ral
pr,oces~ andi the, i~suance of industria~ .bonds, cOijlp1:ai'p,ed, th~t, the
p;ublf<;: ha<jL no other opportuni'ty ,to ?ficjress,ithe iss~e~': bef!o're ,the
State or before the county 'coInmissioI1~rs;:laL~~,f .~the public' heating
was closed and stated that he was against" the issuance of the
$6,000,000 bond7 until the company and the State, presented ,to ,.,the
publi~ what th~ bpiler would bur~ and how i~ would fi~i~to'the
pic~pre wi t:h re,ference" to air qualitY''' ,He :s~~d !:that,)'nr, '~1.[t~.eql, 'in
the area and was very concerned abou,t the el).vlronment:al' al?p.~9ts.
In ,response to a question from the chairman ~.Mr. Funde~burg' ':said
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that~' he was not satlsfled Wl th the company's .and Authorl ty' s
stat:ements,' that he had nothing against this part~cular firm but
that he was opposed to the procedural process o~' ,the ind,u~trial
r,evenu~. bQ,nds. ; . ,Mr. Murchison'respondedto;'l Mr.,. iFunc;l.!?rb~rg, as
f(9;l;t19y.T!5:i~ ';.;(;l), ;This was not the :finaI opportun~ty for 'public
participation' because Mr. Funderburg' could address the two State
agencies. (2) There was no boiler, involved in the project. (3)
The bond issue was not a manufacturing or industrial issue but a
pollution control issue. Mr. Funderburg said that the proposed
resplution to' be adopted by the commissioners spoke of a solid
waste disposal facility and to him that meant a boiler or ,burner.
Mr. Riley West said there was no boiler involved in the project.
Mr. Funderburg submitted sixteen written exhibits, copies of which
are attached to this extract. I
After,the Board had heard all persons who!reque~t~~'to be
heard, Commissioner Barfield moved that the pulHic hearing be
closed. The motion was seconded by Commissioner Greer and was
unanimously adopted.
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Commissioner
following resolution:
Retchin
then introduced the
WHEREAS, the Board of County Commissioners has created
a political subdivision and body corporate and politic of the
State of North Carolina known as "The New Hanover County
Industrial Facilities and Pollution Control Financing Authority"
(the "Authority"); and
WHEREAS, the Authority is authorized under the
Industrial and Pollution Control Facilities Financing Act,
Chapter 159C of the General Statutes of North Carolina, as
amended (the "Act"), to issue revenue bonds for the purpose,
among others, of paying all or any part of the cost of any
industrial or pollution control project for industry, to acquire,
construct and equip any such project, to issue revenue refunding
bonds, and to make and execute financing agreements, security
documents and other contracts and instruments necessary or
convenient in the exercise of such powers; and
WHEREAS, the Authority has determined to issue its
revenue bonds in the principal amount of not more than
$6,00u,uOLl (the "Project Bonds") to pay all or a portion of the
costs of the acquisition, construction and installation of solid
waste disposal facilities at Occidental Chemical Corporation's
chrome plant located off State Road 1002 in Castle Hayne, New
Hanover County, including, but not limited to, the closure of an
approximately 16-acre landfill/lagoon, recovery wells, pumps and
property functionally related and subordinate thereto (the
"Project") to be owned and operated by Occidental Chemical
Corporation; and
WHEREAS, the Authority intends to file an application
for approval of the Project with the Secretary of the Department
of Economic and Community Development (the "Department"), as
required by the Act; and
WHEREAS, the Department has, by regulation, provided
that no application for approval of a project will be officially
received until the elected board of county commissioners of the
county from which the application is made has, by resolution
after a public hearing, approved the issue of revenue bonds and
approved in principle the proposed project and a certified copy
of such resolution has been provided to the Department; and
WHEREAS, pursuant to section 147(f) of the Internal
Revenue Code of 1986, as amended, the issuance of the Project
Bonds must be approved, after a public hearing, by the
governmental unit on behalf of which the Project Bonds are being
issued; and
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WHEREAS, the Board of County Commissioners, pursuant to
public notice duly given, has held a public hearing on the
advisability of the Project and the issuance of the Project Bonds
to finance the Project and has considered the comments of persons
who requested to be heard; and
WHEREAS, the Authority has applied on behalf of the
Project for an allocation of the private activity bonds volume
limitation for the State of North Carolina for the calendar year
1992 pursuant to Section 146 of the Internal Revenue Code of
1986, as amended, and the Authority and the Board of County
commissioners understand that such allocation may be used only
for the Project and that, to the extent that the face amount of
the Project Bonds issued by the Authority to finance the Project
is less than said allocation, such excess allocation shall revert
to the State of North Carolina; and
"WHEREAS, the Board of County commissioners desires to
approve the Project in principle and the issuance of the Project
Bonds to finance the Project; and
WHEREAS, the Authority has also determined to issue its
revenue refunding bonds in the principal amount of not more than
$4,600,000 (the "Refunding Bonds") to refund $4,600,000
outstanding revenue bonds of the Authority issued in 1981 (the
"1981 Bonds") to finance pollution control facilities for Diamond
Shamrock Corporation which has been acquired by Occidental
Chemical Corporation; and
WHEREAS, pursuant to section 147(f) of the Internal
Revenue Code of 1986, as amended, the issuance of the Refunding
Bonds must be approved, after a public hearing, by the
governmental unit on behalf of which the Refunding Bonds are
being issued; and
WHEREAS, the Board of County Commissioners, pursuant to
public notice duly given, has held a public hearing on the
advisability of the issuance of the Refunding Bonds and has
considered the comments of any persons who requested to be heard;
and
WHEREAS, the Board of County Commissioners desires to
approve the issuance of the Refunding Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of New Hanover as follows:
(1) The Project is hereby approved in principle.
(2) The issuance of the Project Bonds by the Authority
in an aggregate principal amount of not more than
$6,000,000 to finance the Project is hereby
approved.
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(3) The issuance of the Refunding Bonds by the
Authority in an aggregate principal amount of not
more than $4,600,000 to refund the 1981 Bonds is
hereby approved.
(4) The Clerk of the Board of Commissioners is hereby
authorized and directed to provide a certified
copy of this resolution to the Department.
(5) This resolution shall take effect immediately upon
its passage.
commissioner Retchin moved the passage of
the foregoing resolution and Commissioner Barfield
seconded the motion, and the resolution was passed by the
following vote:
AYES: Mathews, Barfield, Greer, Retchin and Sutton
NAYS: None.
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STATE OF NORTH CAROLINA
ss.:
COUNTY OF NEW HANOVER
I, LUCIE F. HARRELL, Clerk of the Board of
Commissioners of the County hereinafter described, 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 July 6, 1992, 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 extract with said
minutes so recorded and said extract is a true copy of said
minutes and of the whole thereof insofar as said minutes relate
to matters referred to in said extract.
3. Said minutes correctly state the time when said
mneting 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, this
3~ day of July, 1992.
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,_
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover
adopted October 6, 1969, as amended be and the same is hereby
further amended as follows:
Add:
61.4 Temporary Uses and Activities Not Elsewhere Classified - Other
temporary acti vi ties as noted in the table below shall be
permitted subject to a provision of adequate sanitation
facilities pursuant to Health Department regulations as
applicable and the requirements of the table.
USE
Duration
Permitted
Districts
Outdoor bazaars
excluding yard sales
3 days
All districts
Christmas tree sales
Pumpkin sales
45 days
30 days
All commercial,
industrial & office
districts
Special fund raising for
non-profit organizations
3 days
All districts
Evangelistic and religious
assemblies not conducted
at a church
14 days
All districts
Amend Table of Permitted Uses by adding:
PD R20S R-20 R-15 R-I0 B-1 B-2 I-I 1-2 0&1 AR AI SC RA
Outdoor bazaars P P P P P P P P P P P P P P
excluding yard sales
Christmas tree sales P P P P P P P P
Pumpkin sales P P P P P P P P
Special fund rais- P P P P P P P P P P P P P P
ing for non-profit
organizations
Evanglistic and P P P P P P P P P P P P P P
religious assemblies
not conducted at a
church
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Section 2. Any ordinance or part of any ordinance in conflict
with this ordinance, to the extent of such conflict is hereby
repealed.
Section 3. This ordinance is adopted in the interest of public
health, safety, morals, and general welfare of the inhabitants
of the County of New Hanover, North Carolina, and shall be in
full force and effect from and after its adoption.
Adopted this 6th day of July, 1992.
Attest:
L/-V
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING THE
ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New
Hanover adopted October 6, 1969, as amended be and the same is
hereby further amended as follows:
23-19 Lot Frontage - the front of a lot shall be construed to
be that portion abutting on a street, including the side
dimension of a corner lot...
23-37 Street - A dedicated and accepted public or private
right-of-way.. .
23-43 Yard, Front - A yard extending between side lot lines
across the front of a lot adjoining a public or private
street.
Section 2. Any ordinance or part of any ordinance in conflict
with this ordinance, to the extent of such conflict is hereby
repealed.
Section 3.
This ordinance is adopted in the interest of
public health, safety, morals, and general welfare of the
inhabitants of the County of New Hanover, North Carolina, and shall
be in full force and effect~from and after its adoption.
Adopted this 6th day of July, 1992.
-"
irman
Attest:
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING
THE SUBDIVISION ORDINANCE OF
NEW HANOVER COUNTY, ADOPTED
OCTOBER 18, 1965
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Subdivision Ordinance of the County of
New Hanover adopted October 18, 1965, as amended be and the same is
hereby further amended as follows:
Revise 32-3(2)(c) to read:
Decisions of the Planning Board Chairperson may be appealed to
the Board of County Commissioners at which time they may
aff irm, modi fy, supplement, or remand the decision of the
Planning Board Chairperson.
Section 2. Any ordinance or part of any ordinance in conflict
with this ordinance, to the extent of such conflict is hereby
repealed.
Section 3. This ordinance is adopted in the interest of
public health, safety, morals, and general welfare of the
inhabitants of the County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption.
Adopted this 6th day of July, 1992.
.-
Attest:
Board
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PAGE
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STATE OF NORTH CAROLI~ 6 11
1 5 3 0
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
ORDER
In the Matter of Closing an Unnamed Road
(Eastwind Subdivision)
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close an unnamed road
was adopted by the County Commissioners on the 1st day of June,
1992; and it further appearing that said resolution called for a
hearing to be held on the 6th day of July, 1992, at which time the
County Commissioners would hear complaints and comments of
interested persons, and it further appearing that notice of said
hearing was published in the Wilmington Star News Newspaper in
accordance with the Road Closing Ordinance of New Hanover County,
and after conducting such hearing the County Commissioners are of
the opinion that this unnamed road in the County of New Hanover
should be closed and are satisfied that the closing of same is not
contrary to the public interest, and that no individual owning
property in the vicinity of the roads will be deprived of
reasonable means of ingress and egress to his property by such
closing, the legal description of said road being as follows:
t0022
Beginning at a point in the southeastern right-of-way
line of Eastwind Road that is the northwest corner of
lot 52 as shown on the plat of Eastwind Subdivision,
recorded in Map Book 19, Page 16 of the New Hanover
County Registry extending southeast from said point
279 feet to the southwest corner of lot 52; thence
southwest 60 feet along the back property line of lots
11 and 12, Surrey Downs as displayed in Map Book 25,
Page 199 of the New Hanover County Registry and being
the southeast corner of lot 51 shown in Map Book 19,
Page 16 of the New Hanover County Registry; thence 281
feet northwest to the northeast corner of lot 51,
Eastwind Subdivision; thence 60 feet northeast to the
point of beginning.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
described road be and the same is hereby closed subject to and
excepting a forty (40) foot utility easement (20 feet on each side
of the right-of-way centerline) for purposes included but not
limited to drainage, sewer, and water.
RECORDED &. VER!FIED
REBECCA T, CHRiSli,~N
REGiSTER OF DEEDS
N EW H,~/WVER CO. N C
RETURNED TO
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'92 JUL 21 .Afll 9 ~5
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1611
PAGE
153 1
It is further ORDERED that a copy of this order be filed in
the Office of the Register of Deeds of New Hanover County, North
Carolina.
Adopted this the 6th day of
Attest: ~
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Cl k to the Board
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July, 1992 Scale: 1" = 100' .---
35 IX.
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B. Robert M. Church (Martha M.)
- C. Frederick N. Day, IV (Patricia H.)
D. James R. LeCroy (Tonia S.)
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STATE OF NORTH CARO!~J 1
COUNTY OF NEW HANOVER
PAGE
1533
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF NAMING
AN UNNAMED ROAD TO PACIFIC ROAD
ORDINANCE
It appearing to the Board of County, Commissioners of New
Hanover County that consideration has been given to the naming of
Pacific Road located approximately .200 feet west of the Greenville
Loop Road/Towles Road intersection and extending from said point
300 feet to the north and 250 feet to the south (30' right-of-way)
and recorded as part of Map Book 8, Page 9 (Giles Division) of the
New Hanover County Registry and it further appearing that a public
hearing was held on Monday, July 6, 1992, at which time all persons
were heard on the question of whether or not the naming would be in
the public interest; and it further appearing that notice of said
hearing was transmitted to all resident owners and prominently
posted in at least two (2) locations along said road, and published
in the Star' News local newspaper, and the Board of County
Commissioners is of the opinion that said road in New Hanover
County should be named and the naming of same is in the pUblic
interest, the description of which is delineated on the attached
exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Pacific Road.
IT IS FURTHER ORDERED that a copy of this ordinance be
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina, and that notice of the action taken by the
Board of County Commissioners be transmitted to the postmaster
having jurisdiction over the road, the North Carolina Board of
Transportation and to any city within five (5) miles of said road
in accordance with N.C. General Statutes 153A-240.
This the 6th day of July, 1992.
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Attest:
RE:~RDED & VERIFIED
REutCCAT"'Hc-'~~" .
R-C' ''''.n/~'iI4N
t ISTER OF DEEDS
NEW HANOVER CO. N C
'92 JUL 21 8fT1 9 ~6
RETURNED~ tee
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PACIFIC ROAD SN-67
July /992 Approximate Scale: 1" - 100'
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~w Hanover County'"'Boan[ of Conunissioners
'Rgso[ution
WHEREAS, New Hanover County and the City of Wilmington have
entered into a joint inter local agreement to develop a Management
and Planning System (MAPS) to automate our land records system in
accordance with N.C.G.S. 102 15-17 and; ,
WHEREAS, MAPS is being jointly financed with New Hanover
County being repsonsible for the maintenance and update of the
land records component of our geographic information system and;
WHEREAS, New Hanover County has the necessary funds in its
1992-1993 budget to match the grant amount awarded;
NOW, THEREFORE, BE IT RESOLVED, that the Board of County
Commissioners hereby gives its unanimous approval of New Hanover
County's 1992-1993 Land Records Management Grant Application for
matching funds to assist in the automation and updating of our
land records system.
Signed this the 6th day of July,
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RESOLUTION AUTHORIZING
VICE-CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE DOCUMENTS.
WHEREAS, the Board of County Commissioners has approved
installment financing for the purpose of expanding the County's
jail- facility; and
WHEREAS, on June 1, 1992 the Board adopted a resolution
authorizing certain county officials, including the Chairman of
the Board of County Commissioners, to execute and deliver
documents in connection with this financing; and
WHEREAS, the Chairman may be unavailable to execute the
documents required for the closing of this matter on July 13,
1992;
NOW THEREFORE, BE IT RESOLVED that the Vice-Chairman of
the Board of County Commissioners is hereby authorized to execute
and deliver any and all documents pertaining to the installment
financing of the jail expansion.
ADOPTED this 6th day of July, 1992.
NEW HANOVER COUNTY
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